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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />SECTION 1. Findings. The above recitals are true and correct and are incorporated <br />herein by this reference. <br />SECTION 2. Further Findings. The adoption of this Urgency Ordinance is necessary <br />for the protection of the public peace, health and safety. In accordance with California <br />Government Code Section 36937 and in order to protect the public peace, health and safety, <br />the City Council of the City of Colton further finds that this Ordinance is necessary to <br />expressly address medical marijuana dispensaries and related facilities or offices to handle or <br />process the paperwork for joining a medical marijuana dispensary or medical marijuana <br />cooperative as defined herein, to receive financial compensation or donations for the <br />marijuana, or to give vouchers or other indicia of membership to individuals as well as the <br />dispensing or delivery of marijuana from mobile or off-site delivery sources independent from <br />these offices or facilities. Based upon statements made by medical marijuana advocates, the <br />City Council also finds that there is a high likelihood that mobile marijuana dispensaries will <br />quickly proliferate in the City without the adoption of this Ordinance. The City Council finds <br />that this Ordinance is necessary as an emergency measure for preserving the public peace, <br />health, or safety. The City Council of the City of Colton further finds that Medical Marijuana <br />Dispensaries were effectively banned by the City prior to the adoption of this Ordinance and <br />the purpose of this Ordinance is to expressly clarify the scope of the City's ban of medical <br />marijuana dispensaries and that such ban includes the facilities and offices as well as mobile <br />or off-site delivery sources described herein. <br />SECTION 3. Section 18.04.321 entitled "Medical Marijuana Dispensary" is hereby <br />added to Chapter 18.04 of the Colton Municipal Code and shall read as follows: <br />"CHAPTER 18.04 DEFINITIONS <br />18.04.321 MEDICAL MARIJUANA DISPENSARY. <br />A. A "medical marijuana dispensary" means any facility or location, <br />including any clinic, cooperative, club, business or group which <br />dispenses, sells, provides, transports or delivers, or arranges the <br />dispensing, sale provision, transport or delivery, of medical marijuana <br />to any person, firm, corporation, association, club, society, or other <br />organization or any owner, manager, proprietor, employee, volunteer, <br />or salesperson thereof, whether such facility, location or delivery <br />service is independent from or affiliated with any fixed facility or <br />location in the City, where medical marijuana is made available to, <br />distributed by, sold or supplied to one or more of the following: (1) <br />more than a single qualified patient, (2) more than a single person with <br />an identification card, or (3) more than a single primary caregiver. <br />B. Unless otherwise regulated by ordinance or applicable law, a "medical <br />marijuana dispensary" shall not be construed to include the following <br />uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the <br />California Health & Safety Code, (2) a health care facility licensed <br />-5- <br />