Oakland Cannabis Delivery By Flowsent
(Last Updated On: April 20, 2020)

As Zennie62Media was retained to produce content about Flowsent’s Oakland Cannabis Delivery Service, it occurred to us that potential Oakland Cannabis buyers might like to know what the law that governs operations says, in addition to how our network works, as explained by female bodybuilder and fitness model Laura Ehlen:

Oakland Cannabis Delivery By Flowsent Promoed By Female Bodybuilder Laura Ehlen

The following is taken from Alameda County’s “CANNABIS RETAIL OPERATORS, DELIVERY OPERATIONS AND EDIBLES”, Ordinance, but removes the lengthy section on word definitions, simplifying it to read as follows:

6.108.030 – General cannabis retail operator requirements and terms.

A.  It shall be unlawful for any person to conduct, engage in or allow the operation of a cannabis retail operation in the unincorporated portion of Alameda County, unless such cannabis retail operator has been granted a legally effective permit issued under this chapter. Notwithstanding the above, the permits issued under this chapter do not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws.
B.  The owner, managing partner, officer of a corporation or such other person who shall be primarily responsible for the operation of a proposed cannabis retail operation shall apply for a permit under this chapter. If such a permit is granted, the owner, managing partner, corporate officer, and any person with primary responsibility for the retail operation shall ensure the retail operation is maintained in conformity with the terms of this chapter and of the permit.
C.  The fact that an applicant possesses other types of state or county permits or licenses shall not exempt the applicant from obtaining a permit under this chapter, nor shall the terms and conditions of any other such permit or license modify the requirements of a permit granted under this chapter.
D.  At no time shall the county have in effect more than five permits.
1.  In the West County, in no event shall the total number of permits for all areas shown in Exhibit A (West County) exceed three. No more than two permits shall be issued in any one of the two areas shown in Exhibit A (West County). No more than one permit shall be issued in the other area shown in Exhibit A (West County).
2.  In the East County, in no event shall the total number of permits for all areas shown in Exhibit B (East County) exceed two. No permit shall be issued for a retail operation within five miles of another retail operation in the unincorporated area shown in Exhibit B (East County) or within one mile of a permitted retail operation location in an incorporated city.
3.  No permit shall be issued in any portion of the unincorporated area that is not within one of the areas delineated in Exhibit A or Exhibit B.
E.  Notwithstanding subsection D of this section, each cannabis retail operation shall comply with all zoning requirements in Title 17 of the Alameda County General Ordinance Code, the Alameda County General Plan, and any Specific Plan applicable to the location of the retail operation, including the requirement to obtain any conditional use permits, and shall also meet all of the following locational standards:
1.  No retail operation, including any retail operation as part of a combined cannabis operation, may be closer than one thousand (1,000) feet from any other retail operation.
2.  No retail operation, including any retail operation as part of a combined cannabis operation, may be closer than one thousand (1,000) feet from any school, any licensed child or day care facility, public park or playground, drug recovery facility or recreation center.
3.  No retail operation, including any retail operation as part of a combined cannabis operation, shall be located in a residential zone or its equivalent.
F.  The following facilities are exempt from the requirement of a permit:
1.  A clinic that is licensed under Chapter 1 of Division 2 of the California Health and Safety Code.
2.  A health care facility that is licensed under Chapter 2 of Division 2 of the California Health and Safety Code.
3.  A residential care facility for persons with chronic life-threatening illness that is licensed under Chapter 3.01 of Division 2 of the California Health and Safety Code.
4.  A residential care facility for the elderly that is licensed under Chapter 3.2 of Division 2 of the California Health and Safety Code.
5.  A residential hospice or a home health agency that is licensed under Chapter 8 of Division 2 of the California Health and Safety Code.
G.  Each premises shall only be occupied by one permittee unless otherwise authorized by applicable state laws regulations and county permit(s).
H.  The director may adopt such forms, procedures and performance standards as are necessary to implement this chapter.
6.108.035 – General cannabis delivery operator permit requirements and terms.
A.  It shall be unlawful for any person, including a legally permitted cannabis retail operator, to conduct, engage in or allow to be conducted or engaged in the delivery of cannabis or cannabis products in the unincorporated portion of Alameda County, unless such person has been granted a legally effective delivery operator permit issued under this chapter. Notwithstanding the above, the permits issued under this chapter do not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws.
B.  The owner, managing partner, officer of a corporation or such other person who shall be primarily responsible for the proposed cannabis delivery operation shall apply for a permit under this chapter. If such a permit is granted, the owner, managing partner, corporate officer, and any person with primary responsibility for the retail operation shall ensure the operation is maintained in conformity with the terms of this chapter and of the permit.
C.  The fact that an applicant possesses other types of state or county permits or licenses shall not exempt the applicant from obtaining a delivery operator permit under this chapter, nor shall the terms and conditions of any other such permit or license modify the requirements of a permit granted under this chapter.
D.  A cannabis delivery operator permit shall be issued only to a “brick and mortar” retail operation holding a valid license or permit for the retail sale of cannabis issued by the State of California and by the local jurisdiction in which the retail operation is located. Mobile retail businesses that do not have a permanent physical “brick and mortar” retail location are not eligible for and shall not be issued a delivery operator permit.
E.  A delivery operator permit shall automatically expire, be suspended or revoked when the permittee’s retail operator license or permit expires, is suspended or revoked. The expiration, suspension or revocation of a delivery operator permit will not automatically affect the status of the delivery operator permittee’s retail operator permit.
6.108.040 – Term of cannabis permits and renewals.
A.  Each cannabis retail operator permit shall expire two years after the date of its issuance or upon the expiration date established by the director, whichever is earlier.
B.  The term of each delivery operator permit shall run concurrent with the term of the delivery operator permittee’s retail operator permit, but in no event longer than two years after the date of its issuance.
C.  Any permit may be renewed by the director for successive two-year periods upon the submission of a renewal application by the permittee. At the time of consideration of a renewal application, the county shall consider compliance with conditions in the prior term and whether the permittee has made substantial progress toward implementing the permit.
D.  No person or facility that purports to have sold or delivered cannabis prior to the enactment of this chapter or without a permit shall be deemed to have been a legally established retail operation or delivery operation under the provisions of this chapter, and such person or facility shall not be entitled to claim a legal nonconforming status.
6.108.050 – Cannabis retail operator permit application and renewal procedures.
A.  When one or more cannabis retail operator permits authorized by Section 6.108.030 is available for award, the director will initiate a process to solicit applications for the establishment of a retail operation within an area where a retail operation could be established based upon the provisions of Section 6.108.030.
B.  Each application for the establishment of a retail operation or renewal of an existing cannabis retail operator permit shall be filed with the director and the director shall be responsible for administering the application solicitation and renewal application processes as set forth in this chapter.
C.  The director shall adopt such forms, procedures and performance standards as are necessary to implement this chapter with respect to the initial selection, future selection, renewal, revocation and suspension of permits.
D.  Wherever this chapter requires the county to give notice to an applicant, appellant or permittee, such notice shall be given by the director, in writing, and shall be delivered either by personal delivery or by certified U.S. mail, postage prepaid, return receipt requested. In addition, any such notice shall be posted at the address of the retail operation on the date of the mailing of notice.
D.  Any application for renewal shall be filed at least forty-five (45) days before expiration of the permit.
E.  Any application for renewal may be rejected if:
1.  The application is filed less than forty-five (45) days before its expiration.
2.  The permit is suspended or revoked at the time of the application; provided, however, that an application for renewal may be filed within ten days after the granting of a permittee’s appeal of the suspension or revocation of a permit.
3.  The retail operation authorized by the retail operator permit has not been in regular operation in the four months prior to the renewal application.
4.  The retail operator fails to conform to the criteria set forth in Section 6.108.100.

6.108.060 – Contents of cannabis retail operator permit application.
A.  In response to a solicitation for applications initiated by the director, each application for a cannabis retail operator permit shall set forth or incorporate by reference the following information and such other relevant information determined by the director to be reasonably required, all in a standard form adopted by the director:
1.  Address of the proposed cannabis retail operation, the name and address of the owner(s) of the lot(s) containing the premises.
2.  The full name, date of birth, social security number, present address and telephone number of the applicant.
3.  The address to which notice of action on the application is to be mailed.
4.  All residential addresses of the applicant for the five years immediately prior to the date of the application.
5.  Written proof that the applicant is twenty-one (21) years of age or older (i.e., California driver’s license, California identification card or birth certificate).
6.  The height and weight and the color of eyes and hair of the applicant.
7.  Photographs of the applicant for identification purposes to be taken by the sheriff.
8.  The names and addresses of all businesses operated by and the employment history of the applicant for the five years immediately prior to the date of the application.
9.  The address of all retail operations that currently are or previously had been operated by the applicant and a statement of whether the authorization for any such operation had been revoked or suspended and, if so, the reason therefor.
10.  The names and telephone numbers of the person or persons to be regularly engaged in the operation of the proposed cannabis retail operation, whether an employee, volunteer or contractor. The application shall also identify those persons, including telephone numbers (i.e., emergency contact), having management and supervisory responsibilities for the proposed retail operation. Every person listed as owner, manager, supervisor or employee must submit fingerprints and other necessary information for a background check to the Alameda County Sheriff’s Office, and be photographed for identification purposes. In addition, any new employees, independent contractors, other persons and/or volunteers regularly engaged in the proposed cannabis retail operation must submit their information to the sheriff’s office within five days prior to their employment pursuant to Section 6.108.120(A)(11).
11.  A security plan containing a detailed description of the proposed security arrangements for ensuring the safety of persons from theft and robbery and protection of the premises from theft and burglary. The security plan shall be submitted for review and approval by the sheriff, and shall include a lighting plan showing existing and proposed exterior and interior lighting levels, alarms and security surveillance cameras. Security video shall be maintained for thirty (30) business days and shall be made available to the sheriff upon request. The video system for security cameras must be located in a locked, tamper-proof compartment. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. The security plan shall include the provision of a suitable locked safe on the premises for after-hours storage of cannabis.
12.  A site plan and floor plan, consisting of a sketch or diagram showing the interior and exterior configuration of the premises of the cannabis retail operation. The site plan shall show the entire premises, including all buildings, accessory structures, storage, and parking areas, and a statement of the total floor area occupied by the retail operation. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve (12) inches. The retail operation must have a lobby waiting area at the entrance to receive clients, and a separate and secure designated area for dispensing cannabis to qualified patients, persons with an identification card or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping or similar obstructions so that it is clearly visible from public streets, sidewalks, or site driveways.
13.  A description of external appearance of the retail operation, including a precise depiction of any signage, which shall not obstruct the entrance or windows of the retail operation. All signage shall comply with all county general plan, zoning ordinance and any applicable specific plans.
14.  A description of products to be sold by the retail operator.
15.  If the application proposes sale of cannabis for medicinal purposes, the mission statement of the retail operator with respect to meeting the medicinal needs of patients in its area, as delineated by subsection D of Section 6.108.030.
16.  A description of the methods by which the applicant will mitigate any potentially adverse impacts, such as traffic, loitering, odors or noise, on surrounding property owners. The retail operation shall be designed to provide sufficient odor absorbing ventilation and exhaust systems to that any odor generated inside the retail operation is not detected outside the buildings and structures in which it operates, on adjacent public rights-of-way, or within other units located within the same building as the retail operation if it occupies only a portion of the building.
17.  Authorization for the county, its agents and employees to seek verification of the information contained in the application.
18.  Written certification that the applicant has reviewed and understands and accepts the standard conditions that are set forth in Section 6.108.120. Written certification that the applicant will comply with all county ordinances, including building, zoning and health codes, allow inspections to ensure conformance with such regulations, cooperate with county agencies’ efforts to monitor the retail operator’s compliance with applicable ordinances and with all conditions of permits issued pursuant to this code, and pay any county fees assessed for monitoring permittee’s compliance.
19.  Certification, under penalty of perjury, that all the information contained in the application is true and correct.
20.  A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.
21.  An operating plan specifically describing how the retail operator will operate consistent with state and local law, including but not limited to: The minimum staffing levels for the retail operation, policies and procedures for record keeping, specific details of the retail operator’s track and trace program, specific details of the retail operator’s product testing, specific details of the retail operator’s proposed odor absorbing ventilation and exhaust systems, and other relevant information regarding the proposed retail operation, including a copy of the retail operator’s labor peace agreement when the retail operator is required by California Business and Professions Code Section 26051.5 to enter into or abide by a labor peace agreement.
B.  The filing of an application shall be deemed complete upon the submission of an application in conformance with this section and payment of the application fees required by Sections 6.108.080 and 6.108.220.
C.  It is unlawful to make any false statement or representation or to use or submit and false or fraudulent document in any application made pursuant to this chapter.

6.108.070 – Cannabis delivery operator permit application and renewal procedures; contents of delivery operator permit application.
A.  The owner, managing partner, officer of a corporation of a licensed or permitted cannabis retail operation or such other person who shall be authorized by the licensed or permitted cannabis retail operator may apply for a delivery operator permit or for renewal of a delivery operator permit under this chapter. If such a permit is granted, the owner, managing partner, corporate officer, and any person with primary responsibility for the retail operation shall ensure the delivery operations are maintained in conformity with the terms of this chapter and of the permit.
B.  Each application for a delivery operator permit or renewal of a delivery operator permit shall set forth or incorporate by reference the information set forth below and such other information as the director may require in a standard form adopted by the director.
1.  Address of the brick and mortar cannabis retail operation from which deliveries are proposed to be made and the name and address of the owner(s) of the lot(s) containing the retail operation.
2.  The full name, date of birth, social security number, present address and telephone number of the applicant.
3.  The address to which notice of action on the application is to be mailed.
4.  All residential addresses of the applicant for the five years immediately prior to the date of the application.
5.  Written proof that the applicant is twenty-one (21) years of age or older (i.e., California driver’s license, California identification card or birth certificate).
6.  The height and weight and the color of eyes and hair of the applicant.
7.  Photographs of the applicant for identification purposes to be taken by the sheriff.
8.  The names and addresses of all businesses operated by and the employment history of the applicant for the five years immediately prior to the date of the application.
9.  The name and address of all retail or delivery operations that currently are or previously had been operated by the applicant and a statement of whether the authorization for any such operation had been revoked or suspended and, if so, the reason therefor.
10.  The names and telephone numbers of the person or persons to be regularly engaged in the operation of the proposed cannabis delivery operation, whether an employee, volunteer or contractor. The application shall also identify those persons, including telephone numbers (i.e., emergency contact), having management and supervisory responsibilities for the proposed delivery operation. Every person listed as owner, manager, supervisor or employee must submit fingerprints and other necessary information for a background check to the Alameda County Sheriff’s Office, and be photographed for identification purposes. In addition, any new employees, independent contractors, other persons and/or volunteers regularly engaged in the proposed cannabis delivery operation must submit their information to the sheriff’s office within five days prior to their employment pursuant to Section 6.108.120(A)(11).
11.  A security plan containing a detailed description of the proposed security arrangements for ensuring the safety of persons from theft and robbery and protection of the vehicle from theft and burglary. The security plan shall be submitted for review and approval by the sheriff.
12.  A description of products to be sold by delivery.
13.  If the application proposes delivery of cannabis for medicinal purposes, the mission statement of the retail operator with respect to meeting the medicinal needs of patients.
14.  A description of the methods by which the applicant will mitigate any potentially adverse impacts, such as safety, odors or noise, on surrounding property owners.
15.  Authorization for the county, its agents and employees to seek verification of the information contained in the application.
16.  Written certification that the applicant has reviewed and understands and accepts the standard conditions that are set forth in Section 6.108.125. Written certification that the applicant will comply with all county ordinances, including building, zoning and health codes, allow inspections to ensure conformance with such regulations, cooperate with county agencies’ efforts to monitor the retail operator’s compliance with applicable ordinances and with all conditions of permits issued pursuant to this code, and pay any county fees assessed for monitoring permittee’s compliance.
17.  Certification, under penalty of perjury, that all the information contained in the application is true and correct.
18.  A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.
19.  An operating plan specifically describing how the applicant will operate consistent with state and local law, including but not limited to: The minimum staffing levels for operation of the delivery operation, policies and procedures for record keeping, specific details of the retail operator’s track and trace program.
C.  Any application for renewal shall be filed at least forty-five (45) days before expiration of the permit.
D.  Any application for renewal may be rejected if:
1.  The application is filed less than forty-five (45) days before its expiration.
2.  The delivery operator permit or associated retail operator permit is suspended or revoked at the time of the application; provided, however, that an application for renewal may be filed within ten days after the granting of a permittee’s appeal of the suspension or revocation of a permit.
3.  The retail operation authorized by the associated retail operator permit has not been in regular operation in the four months prior to the renewal application.
4.  The applicant fails to conform to the criteria set forth in Section 6.108.125.
E.  The filing of an application shall be deemed complete upon the submission of an application in conformance with this section and payment of the application fees required by Section 6.108.080.
F.  It is unlawful to make any false statement or representation or to use or submit and false or fraudulent document in any application made pursuant to this chapter.

6.108.080 – Fees.
A.  Every application, transfer or renewal of a retail operator or delivery operator permit shall be accompanied by a nonrefundable fee, as established by the Board of Supervisors, in order to reimburse the county for the cost of reviewing and acting upon the application.
B.  In addition, each retail operator and delivery operator shall pay an annual fee, as established by the Board of Supervisors, for the administration of the permit, including monitoring and enforcing compliance with terms of the permit.
C.  The Board of Supervisors may enact such other fees as may be necessary to recover the county’s costs of inspection and corrective actions in relation to retail operations and delivery operations.

6.108.090 – Initial review of application.
A.  The director shall commence review of any application immediately upon its filing. For retail operator permit applications, the director shall complete such initial review within the time period established in the solicitation process for retail operator permits, but in no event shall the initial review exceed one hundred twenty (120) days. For delivery operator permit applications, delivery operator permit renewal applications, and retail operator renewal applications, the director shall complete such initial review within forty-five (45) days. In conducting this review, the following county agencies shall comment on specific portions of the application:
1.  The sheriff shall be responsible for verifying factual information in the application, including names, addresses and other information on the applicant, operator and employees of the proposed retail operation or delivery operation.
2.  The sheriff shall comment upon the adequacy of security measures that are described in the application, including the security plan, the floor plan for retailer operations, and other relevant aspects of the application.
3.  For retail operator applications, the community development agency shall comment upon the proposed location’s compliance with the requirements of subsections 6.108.030(D) and (E), the general responsiveness to the solicitation process in Section 6.108.060, and conditions that are needed to mitigate adverse impacts on surrounding uses.
4.  If the proposed retail operation will sell cannabis for consumption by medicinal consumers, the health care services agency shall comment upon the services to be provided and the mission statement set forth in the application.
5.  If the proposed retail operation will include the sale of edibles, the department of environmental health shall comment upon the application’s compliance with the requirements of Section 6.108.170.
B.  Within twenty (20) business days after the filing of an application, the director shall reject any application and so notify the applicant, if the application has been improperly completed or if it is incomplete. The applicant may amend and refile the application within ten days after such rejection.
C.  At the conclusion of the initial review, the director shall notify the applicant of the results of the initial review of the application.

6.108.100 – Action upon completion of initial review.
A.  Upon completion of the initial review, the director shall reject any permit application that meets any of the following criteria:
1.  The proposed retail operation or delivery operation does not comply with requirements of this chapter.
2.  The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact from the application.
3.  The operation of the proposed retail operation at the proposed location is prohibited by any state or local law or regulation.
4.  Any person who is listed on the application pursuant to subsection (A)(11) of Section 6.108.060 or pursuant to Section 6.108.070 has been convicted of a felony within the past three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
5.  The applicant or the operator listed in the application is less than twenty-one (21) years of age.
6.  The health care services agency has determined, for an operation that will sell cannabis for consumption by medicinal consumers, that the application has failed to state a health care purpose that fulfills the purposes of Sections 11362.5, et seq. of the California Health and Safety Code.
7.  The applicant is delinquent in the payment of any applicable state or county taxes and fees.
B.  Any retail operator application that is not rejected upon completion of the initial review shall be deemed an eligible application and submitted to the final selection phase of the solicitation process described in Section 6.108.110.
C.  Any delivery application that is not rejected upon completion of the initial review shall be shall be deemed an eligible application and submitted to the final phase of the permit process described in Section 6.108.115.

6.108.110 – Final selection of cannabis retail operators.
A.  The final selection phase of the solicitation process shall be comprised of selection of which eligible applications shall be submitted for final selection and the establishment of operating conditions of any permits issued under this chapter. The final selection process shall not exceed one hundred twenty (120) days in the absence of an appeal.
B.  The final selection process for retail operators shall commence with the separation of all eligible applications into the areas that are delineated in subsection D of Section 6.108.030. If an area has a number of eligible applications that is the same as or less than the allowable number of cannabis retail operations for such area, then all applications for that area shall be submitted for establishment of operating conditions as set forth in subsection C of this section. If any area has a number of eligible applications that exceeds the maximum number of retail operations for such area, the eligible applications to be submitted for final selection shall be designated by a competitive evaluation process in which applicants are scored and ranked with the director recommending issuance of a permit to the highest ranked, eligible and responsible applicants in each geographic area where retail operator permits are available, provided they meet the spacing requirements set forth in Section 6.108.030(D) and (E). The director may establish a minimum required score or other mechanism to disqualify or reject applications determined to be irresponsible.
C.  The director may establish operating conditions, in addition to the standard conditions contained in Section 6.108.120 for each eligible, responsible application that has been submitted for final review. The operating conditions shall be limited to those that are necessary to carry out the purposes of this chapter and to mitigate specific and foreseeable adverse impacts on properties in the vicinity.
D.  At the conclusion of the final selection, the director shall give notice to the retail operator permit applicant of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:
1.  Certify acceptance of the operating conditions and the standard conditions of the permit and pay all required fees and the permit shall thereupon issue immediately.
2.  If the applicant refuses or fails to certify agreement with any operating condition or standard condition or to pay required fees, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied.
E.  The operating conditions established by the director shall include the requirement for each selected applicant to obtain: (1) any required state permits or licenses for the retail operation, and (2) all land use entitlements required to operate a retail operation. No retail operator permit shall be effective until these conditions of approval are satisfied.
F.  In the event that an additional permit becomes available subsequent to the scoring and ranking of applications pursuant to subsections A and B above, the director may issue a permit to the next highest ranked applicant by following the procedures in subsections C through E, above, provided the applicant meets the spacing requirements set forth in Section 6.108.030(D) and (E).

6.108.115 – Final permit phase for cannabis delivery operators.
A.  The director may establish operating conditions, in addition to the standard conditions contained in Section 6.108.125 for each eligible application that has been submitted for final permit approval. The director shall give notice to eligible delivery operator permit applicants of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:
1.  Certify acceptance of the operating conditions and the standard conditions of the permit and pay all required fees, and the permit shall thereupon issue immediately.
2.  If the applicant refuses or fails to certify agreement with any operating condition or standard condition or to pay required fees, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied.
B.  The operating conditions established by the director shall include the requirement for each eligible applicant to obtain any required state permits or licenses for the operation of a delivery operation, if applicable. No delivery operator permit shall be effective until these conditions of approval are satisfied.
6.108.120 – Standard conditions for cannabis retail operators.
A.  Throughout the term of the cannabis retail operator permit, each permittee shall not violate this chapter, shall comply with the following standard conditions and shall not allow or tolerate violations of these standard conditions to occur at the retail operation:
1.  It shall be a violation of this chapter for a retail operator to deliver, distribute, provide or allow to be provided cannabis to any person except those persons who are twenty-one (21) years of age or older or who are eighteen (18) years of age or older and primary caregivers, qualified patients or persons with an identification card, as defined by California Health and Safety Code Section 11362.7. All retail sales that do not comply with the provisions of Sections 26000, et seq., of the Business and Professions Code applicable to retail operations, associated state regulations and the terms of the permit and this chapter is prohibited. It shall be the responsibility of the permittee to ensure that a good faith effort be made to verify the validity of any proof of age, identification card and written recommendation provided to the retail operation.
2.  Each retail operator shall maintain records of persons who have received cannabis from the retail operation. These records shall include a retail operator-assigned customer number and shall not identify such persons by full name.
3.  No retail operation shall be open for business between the hours of 12:00 a.m. and 9:00 a.m. or between the hours of 9:00 p.m. and 11:59 p.m. on any day. No activities that are undertaken in the retail operation shall be conducted outside the interior premises of the retail operation.
4.  Unless and until a local permit and state license allowing cannabis nursery, cultivation or manufacturing uses (e.g., Type 12, Microbusiness and Chapter 6.109 Combined Cannabis Operator) has been issued for the retail operation premises, cannabis may not be grown, cultivated or manufactured on the premises. However, the retail operator may sell clones and may provide such water, heat, and light as may be necessary to maintain the clones prior to sale, provided that such activities are incidental and subordinate to the primary retail operation.
A retail operator shall actively regulate and monitor its purchasing limits, such that no qualified patient, person with an identification card or primary caregiver is permitted to purchase in excess of eight ounces of cannabis in any calendar month.
5.  No cannabis shall be smoked, ingested or otherwise consumed on the premises of a retail operation.
6.  A retail operator shall ensure that its products are in tamper-evident packages and labeled as required by California Business and Professions Code Section 26120, regulations established by the Bureau, and requirements of the California Department of Food and Agriculture and by stating the name of the retail operation and the weight of cannabis. Any edible cannabis product must be contained in a package that is labeled to indicate the ingredients, including the amount of cannabis contained in the package, identify the product, state who is responsible for the product, and such other information as may be required by state or local law.
7.  Cannabis may be provided by a retail operator in an edible form, provided that the edibles meet all applicable state and county requirements, including but not limited to the provisions in Section 6.108.170.
8.  A retail operator that sells adult-use cannabis or cannabis products shall not allow any person under twenty-one (21) years of age on its premises, employ or retain persons under twenty-one (21) years of age, or sell cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation which reasonably appears to be a valid government-issued identification card showing that the person is twenty-one (21) years of age or older.
However, a retail operator that sells medicinal cannabis or cannabis products may allow on the premises any person eighteen (18) years of age or older who possesses a valid government-issued identification card and either a valid physician’s recommendation or a valid identification card and may sell cannabis, cannabis products, and cannabis accessories to a person eighteen (18) years of age or older who possesses a valid government-issued identification card and either a valid physician’s recommendation or a valid identification card.
9.  The entrance to a retail operation shall be posted with a notice that states the restrictions on the presence of persons under the age of twenty-one (21) and/or eighteen (18), as applicable, and that smoking, ingesting or consuming cannabis on the premises is prohibited. In addition, each retail operator shall conspicuously display the permit.
10.  No retail operator may hold a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, nor may it include a business that sells alcoholic beverages on the same premises. No alcohol may be stored, sold, dispensed or used on the same premises.
11.  Each permittee shall maintain a current registry of persons, including, but not limited to, employees, contractors and volunteers, who are regularly engaged in the operation of the retail operation. The registry shall be provided to the director at any time upon request. The registry shall include the name, current residential address, telephone number, date of birth and the height, weight and color of eyes and hair of each such person. In addition, any new employees, independent contractors, other persons and/or volunteers to be regularly engaged in the operation of the proposed cannabis retail operator must submit their information to the sheriff’s office within five days prior to their employment or engagement.
12.  No person who has been convicted of a felony within the past three years may be actively engaged in the operation of any retail operation. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
13.  A retail operator shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.
14.  The permittee shall provide the director with the name, telephone number and facsimile number of a community relations contact to whom one can provide notice of problems associated with the retail operation. The permittee shall make a good faith effort to resolve problems without the need for intervention by the county.
15.  A retail operator shall provide litter removal services twice each day of operation on and in front of the premises and, if necessary, on public sidewalks within one hundred (100) feet of the premises.
16.  A retail operator shall comply with all county ordinances, including building, zoning and health codes, and shall allow inspections to ensure conformance with such regulations. A retail operator shall cooperate with county agencies’ efforts to monitor the retail operator’s compliance with applicable ordinances and with all conditions of permits issued pursuant to this Code. The county may assess fees for monitoring permittee’s compliance.
17.  A retail operator shall not be delinquent in the payment of fees required by this chapter.
18.  All activities of the retail operator must take place within the interior of the building.
19.  A retail operator shall ensure that a representative sample of its cannabis and cannabis products have been submitted for analytical testing at a licensed testing laboratory, as defined in Business and Professions Code Section 26001(at), before the cannabis and cannabis products are delivered to the retail operator.
20.  A retail operator shall package all cannabis flowers sold on its premises in child resistant packaging.
21.  A retail operator shall implement a track and trace program with a unique identifier for every product, both for inventory stored in a safe and inventory packaged for sale. A retail operator shall implement a track and trace program that shall be in compliance with Sections 26067, 26068 and 26069 of the California Business and Professions Code and all applicable regulations.
22.  A retail operator shall use devices that meet the standards of the California Department of Food and Agriculture’s Division of Measurement Standards for all weighing and measuring devices, including but not limited to scales and scanners; register with Alameda County Sealer of Weights of Measures; allow inspections and sealing of all weighing and measuring devices, including scanners or POS systems; and comply with all other requirements in Division 5 of California Business and Professions Code related to weights and measures, Tittle 4 Division 9 of the California Code of Regulations, and any relevant Alameda County ordinance.
23.  No retail operator shall: (a) enter into any agreement with or employ a physician for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or identification card; (b) allow a physician to locate on the retail operation premises at any time for the purpose of issuing a medicinal cannabis recommendation or identification card; (c) give or offer to give any form of remuneration to a physician if the physician or his or her immediate family have a financial interest (as that term is defined in California Business and Professions Code Section 650.01) in the retail operation; and (d) not distribute any form of advertising for physician recommendations for medicinal cannabis in California unless the advertisement bears the notice to consumers contained in California Business and Professions Code Section 2525.5.
24.  A retail operator shall fully comply with the terms of its approved security plan, floor plan and operating plan.
B.  In order to minimize any adverse impacts on surrounding properties or residents, the standard operating conditions that are set forth in this section may be modified upon the issuance of the permit or upon ten days’ notice during the term of the permit.
C.  During the term of each permit, the county shall require the permittee to comply with the standard operating conditions that are set forth in this section or as they may be modified in accordance with subsection B of this section and, in addition, any such operating conditions that may be established pursuant to subsections C and D of Section 6.108.110.
D.  At any time during the operation of a retail operation and without notice, the director, acting in conjunction with other appropriate county officials, may enter the premises for the purpose of observing compliance of the retail operator with the conditions of its permit.
E.  Release of the County from Liability. The owner and permittee of each retail operation and delivery operation shall release the county, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of retail operator or delivery operator owners, permittees, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the director.
F.  County Indemnification. The owners and permittee of each retail operation and delivery operation shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to issuance of the permit, adoption or enforcement of conditions of the permit, or the operations at the retail operation or by the delivery operator, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the sale, delivery and/or on- or off-site use of cannabis provided at the retail operation or delivered by the delivery operator in a form satisfactory to the director.

6.108.125 – Standard conditions for cannabis delivery operations.
A.  Throughout the term of the cannabis delivery operator permit, each permittee shall not violate this chapter and shall comply with the following standard conditions:
1.  It is unlawful to deliver, distribute, provide or allow to be provided cannabis to any person except those persons who are twenty-one (21) years of age or older or who are primary caregivers, qualified patients or persons with an identification card, as defined by California Health and Safety Code Section 11362.7. All deliveries that do not comply with provisions of Sections 26000, et seq., of the Business and Professions Code applicable to operations, associated state regulations, and the terms of the permit and this chapter are prohibited. It shall be the responsibility of the permittee to ensure that a good faith effort is made to verify the validity of any proof of age, identification card or the written recommendation from a licensed physician provided to the delivery operator.
2.  All employees of a delivery operator delivering cannabis or cannabis products shall carry a copy of the retail operator’s current retail operator license or permit and the retail operator’s current delivery operator permit authorizing those services with them during deliveries and the employee’s government-issued identification, and shall present that license, permit and identification upon request to state and local law enforcement, employees of regulatory authorities, and other state and local agencies enforcing this chapter.
3.  During any delivery, the permittee shall maintain a copy of the delivery request and shall make it available upon request of the director or law enforcement officers. The delivery request documentation shall comply with state and federal law regarding the protection of confidential medical information, if any.
4.  The qualified patient, person with an identification card or primary caregiver requesting the delivery shall maintain a copy of the delivery request and shall make it available, upon request, to the director or law enforcement officers.
5.  No deliveries shall be made between the hours of 12:00 a.m. and 9:00 a.m. or between the hours of 9:00 p.m. and 11:59 p.m. on any day.
6.  It is unlawful to employ a person who is less than twenty-one (21) years of age to engage in the delivery of cannabis.
7.  It shall be unlawful for any delivery operation to provide medical cannabis to any person under the age of eighteen (18) unless that person is a qualified patient or a primary caregiver with a valid identification card in accordance with California Health and Safety Code Section 11362.7 or has a verifiable written recommendation from a licensed physician for medical cannabis.
8.  Each permittee shall maintain a current registry of persons, including, but not limited to, employees, contractors and volunteers, who are regularly engaged in delivery operations. The registry shall be provided to the director at any time upon request. The registry shall include the name, current residential address, telephone number, date of birth and the height, weight and color of eyes and hair of each such person. Every person listed as owner, manager, supervisor or employee must submit fingerprints and other necessary information for a background check to the Alameda County Sheriff’s Office, and be photographed for identification purposes. In addition, any new employees, independent contractors, other persons and/or volunteers to be regularly engaged in the delivery operation must submit their information to the Sheriff’s office within five days prior to their employment.
9.  It is unlawful to employ a person who has been convicted of a felony within the past three years to engage in the delivery of cannabis. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
10.  Delivery vehicles shall not include signage or markings that identify the vehicle as a cannabis delivery vehicle.
11.  Delivery operators shall provide adequate security for their delivery personnel and vehicles, to ensure the safety of persons and to protect the vehicle operators from theft.
12.  The delivery operator permittee will satisfy the release of liability and county indemnification requirements in subsections E and F of Section 6.108.120.
13.  A retail operator shall cooperate with county agencies’ efforts to monitor the retail operator’s compliance with applicable ordinances and with all conditions of permits issued pursuant to this code. The county may assess fees for monitoring permittee’s compliance.
6.108.130 – Appeal from administrative determinations.
A.  An applicant aggrieved by the decisions described in Sections 6.108.110, 6.108.115, or 6.108.140 may appeal that decision to the Board of Supervisors within ten (days following the date of issuance of that decision by filing with the clerk of the Board of Supervisors or the director a notice of appeal specifying the grounds for such appeal. Filing such notice shall stay all proceedings in furtherance of the decision appealed from, including the proceedings related to the applications or permits of other applicants potentially affected by the Board of Supervisors’ decision on the appeal. The director is designated as an agent of the clerk of the board for purposes of receiving a notice of appeal.
B.  The Board of Supervisors shall give written notice of the time and place for hearing any appeal filed pursuant this section. Such notice shall be given to the applicant and to the community development agency, and to any other person requesting such notice and depositing with the clerk of the board a self-addressed, stamped envelope to be used for that purpose.
C.  The Board of Supervisors may hear additional evidence and may sustain, modify, or overrule any order brought before it on appeal and may make such findings and decisions as are not inconsistent with state law and county ordinances. The Board of Supervisors may also remand the decision to the director for reconsideration of his or her decision in light of new information not previously presented to the director. If no motion relative to the order appealed attains a majority vote of the Board of Supervisors within thirty (30) days from the date of the hearing by said board thereon, said order of the director shall stand sustained and be final.
D.  For any appeals concerning a decision described in Section 6.108.110 the Board of Supervisors’ review shall be limited to determining whether CDA materially erred in conducting the selection process with respect to following the RFP, county ordinances or state law. The Board of Supervisors shall not re-judge the proposals, alter the scoring or ranking of the proposals, or consider new evidence concerning the merits of the proposed retail operation.
E.  Any appeal that is not timely filed or otherwise fails to comply with subsection A of this section will be deemed ineffective by the director and the administrative determination that is being appealed will become final.
6.108.140 – Suspension and revocation.
A.  The director may revoke or suspend a permit when it shall appear that the permittee has committed any of the following actions:
1.  Violates the operating or standard conditions of the permit or the requirements of state or local laws.
2.  Fails to take reasonable measures to control disturbances, loitering or such other problems on the retail premises or in the vicinity of its delivery activities.
B.  The director shall provide the permittee with written notice of the suspension or revocation that shall describe the grounds for revoking or suspending the permit.
C.  The permittee subject to the revocation or suspension may appeal the determination of the director to the Board of Supervisors within ten days after the date of the notice of the decision of the director. The Board of Supervisors shall act upon the appeal in accordance with Section 6.108.130.
6.108.150 – Transfer of the permit.
A.  No permittee may transfer a permit to another cannabis operator or premises without authorization by the county, granted in accordance with this section.
B.  A permittee shall apply for transfer of a retail operator permit by submitting, jointly with the proposed transferee, an application that complies with Section 6.108.060. The director shall verify information in the application and shall approve the transfer unless it fails to comply with the requirements of this chapter, the standards set forth in Section 6.108.100 or such other minimum score or standards as may be established by the director pursuant to Section 6.108.110(B).
C.  A permittee shall apply for transfer of a delivery operator permit by submitting, jointly with the proposed transferee, an application that complies with Section 6.108.070. The director shall verify information in the application and shall approve the transfer unless it fails to comply with the requirements of this chapter, the standards set forth in Section 6.108.100 or such other minimum standards as may be established by the director.
D.  Before a transfer of a permit may become effective, the transferee shall certify acceptance of the operating conditions and the standard conditions of the permit and pay all fees required by Sections 6.108.080 and 6.108.220.
6.108.160 – Prohibited operations.
The permittee shall not cultivate or manufacture cannabis on the premises, unless specifically authorized by a permit issued by the county. A retail operator shall not deliver cannabis off the premises of the retail operation unless the retail operator holds a valid delivery operator permit.
6.108.170 – Sale, distribution and delivery of edibles.
The sale, distribution and delivery of edibles shall be conducted in a manner that complies with all applicable food safety laws for the protection of consumers. It shall be unlawful for any retail operator or delivery operation to sell, distribute or deliver edibles not prepared, packaged or labeled as required by this section.
A.  Preparation of Edibles.
1.  A facility, such as a commercial kitchen, that proposes to prepare, store, sell, dispense, or distribute edibles must comply with the relevant provisions of all state and local laws regarding the preparation, distribution, labeling and sale of food. No food production will be allowed in the same facility to avoid the unintentional contamination of food with cannabis. Facilities shall be constructed, permitted, operated and inspected in accordance with the applicable building code and applicable food safety requirements by the Alameda County Department of Environmental Health.
2.  Individuals involved in the production or distribution of edibles shall thoroughly wash their hands before commencing production and before handling the finished product. Gloves must be worn when packaging edibles.
3.  To reduce the likelihood of foodborne disease transmission, individuals who are suffering from symptoms associated with acute gastrointestinal illness or are known to be infected with a communicable disease that is transmissible through foodstuffs are prohibited from preparing edibles until they are free of that illness or disease, or are incapable of transmitting the illness or disease through foodstuffs. Individuals who have sores or cuts on their hands must use gloves when preparing and handling edibles.
4.  Producers of edibles must be state certified food handlers. The valid certificate must be onsite at the facility where the edible is produced and made available during inspections.
5.  Hand-washing facilities shall be adequate and convenient and be furnished with one hundred (100) degrees Fahrenheit hot running water. Hand washing facilities shall be located in the facility in edible preparation areas and where good sanitary practices require employees to wash their hands and provide effective hand-cleaning (liquid soap) and disposable paper towel or suitable drying devices.
B.  Packaging and Labeling of Edibles. Edibles shall be labeled and packaged in accordance with Section 26120 of the California Business and Professions Code and all applicable regulations and as provided in this subdivision.
1.  All edibles shall be individually wrapped at the original point of preparation. Labeling shall be distinctly and clearly legible on the front of the package and must include: (a) a warning if nuts or other known allergens are used in the manufacturing of the edibles; (b) a warning that the item contains cannabis and the total weight (in ounces or grams) and amount of active ingredients in the package; (c) the cultivation and manufacture date and source; (d) a statement that the contents are not a food product; and (e) information indicating any caloric impact on the consumer. The package label must have a warning clearly legible emphasizing that the product is to be kept away from children.
2.  Labels of edibles that are not tested for contaminants (baked goods) shall include a statement that the cannabis used in the product was tested for contaminants.
3.  Packaging of edibles shall be opaque (non see-through), and may not make it appear as if the edible is a food product. Packaging that makes the product attractive to children or imitates candy is prohibited.
4.  Packaging of edibles shall be tamper proof and child resistant.
C.  Edible Product Log. Producers of edibles that are tested for contaminants shall maintain a written or computerized log documenting:
1.  The source of the cannabis used in each batch of product;
2.  The contaminant testing date; and
3.  The testing laboratory that analyzed the sample of the cannabis product.

6.108.180 – Misdemeanor violations.
Any person violating any of the provisions of this chapter or of a permit issued pursuant to this chapter, is guilty of a misdemeanor. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or the permit is committed, continued or allowed in conjunction with the retail operation or delivery operation and is punishable accordingly. For purposes of this section, each and every day of violation includes each day on which a failure to comply with this chapter or any conditions of a permit issued pursuant to this chapter continues. No proof of knowledge, intent, or other mental state is required to establish a violation.

6.108.190 – Civil remedies.
In addition to the penalties provided in this chapter, any condition caused or allowed to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall create a cause of action for injunctive relief and civil penalties in accordance with Chapter 17.59 of this code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

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