23.320.020 Cannabis Retail.
A. Definitions. The terms cannabis retailer, storefront retailer, delivery-only retailer, A-Retailer, and M-Retailer are defined in Municipal Code Section 12.21.020 (Definitions).
B. Non-Conforming M-Retailers.
1. A medical cannabis dispensary (M-Retailer) existing and authorized as of January 1, 2010 that does not comply with this section may continue at its current medical cannabis dispensing location as a legal nonconforming use.
2. Notwithstanding Chapter 23.324 (Nonconforming Uses, Structures, and Buildings) or the regulations in this section, the Zoning Officer may approve an AUP to allow the expansion of a lawful nonconforming medical cannabis dispensary onto an adjacent parcel.
C. Location Changes.
1. A cannabis retailer in good standing with state and City regulations, including obtaining all necessary licenses and full payment of all fees and with no outstanding violations, may seek approval for a change in location.
2. An application for a change of location shall be evaluated based on the requirements to operate a cannabis business effective at the time of the proposed change.
D. Storefront Retailers.
1. A storefront retailer is permitted in Commercial Districts with a Zoning Certificate, and must maintain compliance with Municipal Code Chapters 12.21 (Cannabis Business: General Regulations) and 12.22 (Cannabis Business Operating Standards) and security regulations promulgated by the Chief of Police.
2. A storefront retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).
3. Up to seven storefront retail permits may be issued, one of which is reserved for an equity candidate as defined in Municipal Code Section 12.22.020 (Selection Process). This limit to the number of storefront retailers shall not be reconsidered for a period of three years from March 15, 2020.
4. Expansion of an approved storefront retailer must comply with the development standards for the zoning district in which it is located.
5. Storefront retailers may operate as a retail storefront microbusiness as defined in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations) subject to obtaining all required state and local licenses.
6. Buffers.
(a) A storefront retailer may not be located:
i. Within 600 feet of another storefront retailer, a public or private elementary school, or a City-operated community center or skate park; or
ii. Within 1,000 feet of a public or private middle school or high school.
(b) Notwithstanding Paragraph (a) above, a seventh storefront retailer, to be operated by an equity business, may not be located within 600 feet of another storefront retailer or school.
E. Delivery-Only Retailers.
1. Seven delivery-only retailers are permitted citywide, four of which shall be operated by an equity business, and three of which shall be a non-equity business.
2. A delivery-only retailer shall be approved through the selection process described in Municipal Code Section 12.22.020 (Selection Process).
3. Delivery-only retailers are permitted with a Zoning Certificate in all Commercial Districts other than the C-N district.
4. Delivery-only retailers are permitted in the Manufacturing (M) district, shall be evaluated and regulated for zoning purposes in the same way as a warehouse-based non-store retailer, and shall be subject to the numeric and buffer requirements in this section for delivery-only retailers.
5. A delivery-only retailer may not be located within 300 feet of any school or City-operated community center or skate park.
6. A delivery-only retailer may not be located in a street-fronting tenant space in a Commercial District.
F. Lounges.
1. A Lounge, as defined in Municipal Code Section 12.21.020 (Definitions), may be permitted at an approved retailer with a Use Permit.
2. A Lounge must comply with the operational standards established by the City of Berkeley Department of Health, Housing and Community Services. (Ord. 7787-NS § 2 (Exh. A), 2021)