§ 5026. Premises Location
(a) A premises licensed under this division shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, ar youth center that is in existence at the time the license is issued.
(b) Notwithstanding subsection (a), if a local jurisdiction has issued a license or permit to conduct commercial cannabis activity at a premises that is located. within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, the Bureau may approve the premises for licensure if the following conditions are met:
(1) The applicant submits a copy of a valid license or permit from the local jurisdiction with the application for licensure; and
(2) The local jurisdiction notifies the Bureau that the applicant is in compliance with all applicable local ordinances and regulations pursuant to Business and Professions Code section 26055~g)(Z)~~)•
(c) A premises sha11 not be in a location that requires persons to pass through a business that sells alcohol or tobacco to access the licensed premises, or that requires persons to pass through the licensed premises to access a business that sells tobacco or alcohol.
Proposed Regs. – October 19, 2018
Subsection (c) has been amended and divided into two separate subsections, with the new subsection (d) containing the provision that the licensed premises shall not be in a location that requires persons to pass through the licensed premises in order to access a business that sells alcohol or tobacco or in private residence. The remaining subsections are renumbered for consistency. These changes are necessary to clarify the restrictions on-premises locations and make distinct these separate requirements.
Subsection (g) has been added to this section to clarify that nothing in this section shall be interpreted to prohibit two or more licensed premises from occupying separate portions of the same parcel of land or sharing common use areas, such as a bathroom, breakroom, hallway, or building entrance. The Bureau recognizes that some licensed operations may be located on properties with separate buildings or suites, which provide clear separation between licensed premises; many times, such buildings have shared bathrooms or hallways where no licensed activities would take place. This section is necessary to ensure that prospective licensees are aware of location considerations for licensed premises.
Subsection (h) has been added to this section to clarify that all structures included as part of licensed premises shall be permanently affixed to the land by a method that would cause the structure to ordinarily remain affixed for an indefinite period of time. This section also clarifies what structures are not considered permanent structures, such as shipping containers that are not affixed to the land, structures that rest on wheels, or any structure that can be readily moved. This is necessary to assure that a licensee’s premises remain consistent with the premises diagram approved by the Bureau as part of its application process. It also assures that premises that are approved for licensure are easily accessible by Bureau staff for routine inspections, and that the licensed premises may not be indiscriminately moved or modified without informing the Bureau. As the Bureau is required to determine if the location of the premises is appropriate, it is important that a premise cannot easily be relocated.