Appendix 9660. Purpose.

A.

The city council finds that federal law prohibits the possession, manufacture, distribution, and dispensing of marijuana, and in order to serve the public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this division is to prohibit all commercial marijuana activity, both medical and non-medical, within the city, as provided in this section.

B.

California Business and Professions Code section 26055(d) provides that a State licensing authority shall not approve an application for a State license for a marijuana business if approval of the State license will violate the provisions of any local ordinance or regulation. California Business and Professions Code section 26200 authorizes a city to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more marijuana businesses licensed under the State, within that city.

C.

The city council finds that a prohibition on all commercial marijuana activity, for medical, non-medical, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The city council's prohibition of such activity is within the authority conferred upon the city council by State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community.

(Ord. No. 17-429, § 4, 8-23-2017)