Ordinance 3233L
CITY OF ALAMEDA ORDINANCE NO. 3233
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
VARIOUS PROVISIONS OF ARTICLE XVI (CANNABIS BUSINESSES)
OF CHAPTER VI (BUSINESSES, OCCUPATIONS, AND
INDUSTRIES), INCLUDING BUT NOT LIMITED TO (A) MODIFY THE
DEFINITION OF "YOUTH CENTERS " AS A SENSITIVE USE ,
INCLUDING SPECIFICALLY EXCLUDING CERTAIN USES (MARTIAL
ARTS/COMBAT SPORTS , CULTURAL OR SIMILAR EDUCATION ,
AND PHYSICAL FITNESS); (B) MODIFY THE DEFINITION OF
"CANNABIS BUSINESS OWNER " TO CONFORM WITH STATE LAW;
AND (C) MAKE ANY OTHER CONFORMING AMENDMENTS
WHEREAS, this Ordinance is adopted pursuant to the City's police powers,
afforded by the state constitution and state law , and as recognized by the Adult Use
of Marijuana Act (AUMA) and Medicinal and Adult-Use Cannabis Regulation and
Safety Act (MAUCRSA) to protect the health, safety, and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 6-59.3 of Article XVI, CANNABIS BUSINESSES, of Chapter VI
(BUSINESSES, OCCUPATIONS, AND INDUSTRIES) of the Alameda Municipal
Code is hereby amended to read as follows:
6-59.3-Definitions .
d. "Cannabis Business Owner" means "Owner ," as defined in State law, including
by regulation, in addition to any of the following:
1 . Each person with an aggregate ownership interest of 20 percent or more in
a person, as defined herein, who applies for a Permit or is a Cannabis
Business Permittee, unless the interest is solely a security interest, lien, or
encumbrance. When an entity (not a natural person) has an aggregate
ownership interest of 20 percent or more, then the chief executive officer
and/or members of the board of directors of each entity shall be considered
owners.
2. The chief executive officer of a person, as defined herein, who applies for a
Permit or is a Cannabis Business Permittee .
3. A member of the board of directors of a nonprofit of a person, as defined
herein , who applies for a Permit or is a Cannabis Business Permittee.
[ ... ]
4. The trustee(s) and all persons that have control of the trust and/or a person,
as defined herein, who applies for a Permit or is a Cannabis Business
Permittee that is held in trust.
5. Any person, as defined herein, who assumes responsibility for the Permit.
6. Each person who participates in the direction, control, or management of
person, as defined herein, who applies for a Permit or is a Cannabis
Business Permittee. Such an individual includes any of the following:
i. A general partner of a partnership.
ii. A non-member manager or managing member of a limited liability
company.
iii. An officer or director of a corporation.
. i
dd. "Youth Centers" means any public or private facility that is exclusively used to
host recreational or social activities for minors (under 18 years of age), such as,
private youth membership organizations or clubs, social seNice teenage club
facilities, or amusement facilities. "Youth Centers" does not include ariy building, , i
location, or facility where any programs, activities, or seNices: (a) are offered at 1 ·j
private residences, (b) involve martial arts/combat sports, cultural or similar
education, or physical fitness, or (c) are offered for fewer than five {5) hours per
day each day the building, location, or facility is open. Notwithstanding the
foregoing, Youth Centers shall also mean any facility determined by the Alameda
Recreation and Parks Department to be a recreation center in a City park.
Section 2: CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Business and Professions Code section
26055(h) as discretionary review and approval, which shall include any applicable
environmental review pursuant to Division 13 (commencing with Section 21 000) of the
Public Resources Code, shall be required in order to engage in commercial cannabis
activity within the City of Alameda under such Ordinance. Adoption of this Ordinance is
additionally exempt from CEQA pursuant to section 15061 (b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance may have a significant effect on the environment.
11
[
Section 3: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are
severable. The City Council declares that it would have enacted each section,
subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of
any other section, subsection, paragraph, subparagraph or sentence .
Section 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty
(30) days from the date of its final passage.
~~ Presiding Officer o tlie Ci y Council
Attest:
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 18th day of December, 2018, by the following vote to wit:
AYES : Councilmembers Oddie , Vella and Mayor Spencer-3.
NOES: Councilmembers Ezzy Ashcraft and Matarrese-2.
ABSENT: None.
ABSTENTIONS: None .
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 19th day of December, 2018 .
Approved as to Form:
Michael H. Roush
Interim City Attorney
Lara Weisiger, C1ty I rk
City of Alameda
j
. I
·I