5.30.200 Additional operating requirements for delivery.
(1) Delivery shall comply with state law at all times.
(2) Security plans developed pursuant to this chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
(3) A retailer shall facilitate the delivery of cannabis or cannabis products with a technology platform owned by or licensed to the delivery-only retailer that uses point-of-sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the retailer and customer:
(a) The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee;
(b) The identity of the customer receiving cannabis or cannabis products from the permittee;
(c) The type and quantity of cannabis or cannabis products dispensed and received;
(d) The gross receipts charged by the permittee and received by the individual dispensing cannabis or cannabis products on behalf of the permittee for the cannabis or cannabis products dispensed and received; and
(e) The location or address where the sale or retail sale took place or closed.
(4) A permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct delivery, and a copy of the valid state driver’s license issued to the driver of any such vehicle on behalf of the retailer to the city manager.
(5) Individuals making deliveries of cannabis or cannabis products on behalf of the retailer shall maintain a physical copy of the delivery request (and invoice) and shall make it available upon the request of agents or employees of the city requesting documentation.
(6) During delivery, a copy of the permittee’s retail cannabis business permit and state license shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the city requesting documentation.
(7) A retailer shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (a) insured at or above the legal requirement in the state; (b) capable of securing (locking) the cannabis or cannabis products during transportation; (c) capable of being temperature controlled if perishable cannabis or cannabis products are being transported; and (d) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a retailer.
(8) A retailer shall facilitate deliveries with a technology platform owned by or licensed to the retailer that uses global positioning system technology to track, and database technology to record and store the following information:
(a) The time that the individual conducting delivery on behalf of the retailer departed the licensed premises.
(b) The time that the individual conducting delivery on behalf of the retailer completed delivery to the customer.
(c) The time that the individual conducting delivery on behalf of the retailer returned to the licensed premises.
(d) The route the individual conducting delivery on behalf of the retailer traveled between departing and returning to the licensed premises to conduct delivery.
(e) For each individual delivery transaction, the identity of the individual conducting deliveries on behalf of the retailer.
(f) For each individual delivery transaction, the vehicle used to conduct delivery on behalf of the retailer.
(g) For each individual delivery transaction, the identity of the customer receiving cannabis or cannabis products from the retailer.
(h) For each individual delivery transaction, the type and quantity of cannabis or cannabis products dispensed and received.
(i) For each individual delivery transaction, the gross receipts charged by the retailer and received by the individual conducting deliveries on behalf of the retailer for the cannabis or cannabis products dispensed and received.
(9) The individual making deliveries on behalf of the retailer shall personally verify for each individual delivery transaction the identity of the customer receiving cannabis or cannabis products from the retailer and (a) for medicinal cannabis or medicinal cannabis products to a qualified patient, the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Sections 11362.71 through 11362.77 of California Health and Safety Code, as may be amended from time to time, on site for period of not less than seven years or (b) for cannabis or cannabis products to an adult-use customer, age and all necessary documentation of each customer to ensure the customer is not under the age of 21 years. (Ord. 730 § 5, 2022).