Regulations for Cannabis Related Commercial Activity
County Board of Supervisors
Yolo County, officially the County of Yolo, is a county located in the northern portion of the U.S. state of California. As of the 2010 census, the population was 200,849. Its county seat is Woodland and its largest city is Davis. Yolo County is included in the Sacramento-Roseville-Arden-Arcade, CA Metropolitan Statistical Area. The county is located in the Sacramento Valley. Much of Yolo County remains a relatively rural agricultural region.
5-20.04 – Prohibited Activities
(A) All licenses shall comply with the following requirements:
- Cultivation shall be in compliance with California Regional Water Quality Control Board Central Valley Region Order No. R5-2015-0113 as it now reads or as it may be amended from time to time. To be eligible for a license, an applicant shall have submitted a Notice of Intent (NOI), which must be complete and have been received with full payment by the Central Valley Regional Water Quality Control Board no later than 5:00 p.m. on October 11, 2016, to obtain regulatory coverage by the Central Valley Water Board as a Tier 1, 2 or 3 cultivator, monitoring self-certification. Applicants must be able to demonstrate compliance with Order No. R5-2015-0113, or any substantially equivalent rule that may be subsequently adopted by the County of Yolo or other responsible agency. Notwithstanding the foregoing, the cultivation site garden canopy must be between one thousand (1,000) square feet and forty-three thousand five hundred sixty (43,560) square feet; cultivation of marijuana of less than one thousand (1,000) square feet under this paragraph is prohibited.
- Applicants shall be currently leasing or, as of October 11, 2016, have been the record owner of or have a fully executed purchase and sale agreement for the purchase of, the real property on which they will cultivate marijuana and for which they have filed a Notice of Intent with the Central Valley Water Board by October 11, 2016.
- Licensees are not authorized to sublet any portion of a cultivation site for any purpose.
- Prior to the issuance of an initial or renewal license under this chapter, applicants shall:
- Along with owners of the premises on which cultivation will occur, sign a written consent to reasonable on-site compliance inspections of both the cultivation site area and of all records and documents related to the marijuana activities occurring on the premises by law enforcement or other County personnel during reasonable hours, as specified in Section 5-20.10(F).
- Along with owners of the premises on which cultivation will occur, execute an agreement to indemnify and hold harmless the County of Yolo and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the cultivation of marijuana and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the cultivation of marijuana in a form prescribed by the County. The indemnification shall apply to any damages, costs of suit, attorneys’ fees or other expenses awarded against the County, its agents, officers and employees in connection with any such action. In addition, the agreement shall release the County of Yolo, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any abatement, arrest or prosecution for cultivation in violation of state or federal laws.
- Sign a statement under penalty of perjury warranting that they will abide by the requirements of this chapter and applicable state law in a form prescribed by the County.
- Complete any application forms prescribed by the County and pay fees as established by resolution and adopted by the Board of Supervisors as amended from time to time.
- Furnish the County a surety bond in the amount of ten thousand dollars ($10,000) furnished by a corporate surety authorized to do business in the state. Such bond shall be in favor of the County and shall be approved by the County Counsel. Such bond shall be conditioned upon full and faithful performance by the licensee of all obligations under this chapter and any license issued hereunder and shall be kept in full force and effect by the licensee throughout the life of the license and all renewals thereof. The Board of Supervisors may from time to time by resolution establish additional bond requirements as it deems necessary.
- Licensees are prohibited from commingling marijuana from other licensees, from unlicensed cultivators or from the licensee’s other cultivation sites, and from transferring or receiving any marijuana or non-manufactured marijuana products to or from other licensees, unlicensed cultivators or licensee’s other cultivation sites. Not withstanding the foregoing, licensees are allowed to receive immature plants or seeds from licensed nurseries and to transfer marijuana and non-manufactured marijuana products to licensed processors.
- Licensees shall participate in any track and trace program required by the County, pay any associated fees and meet all associated requirements.
- Child support obligations.
- Prior to the issuance of an initial or renewal license under this chapter, and at all times while holding a license, applicants and licensees shall be current with their monthly child support obligations. If the applicant or licensee has an account with past due child support arrears, he/she must have that balance at zero or have verification from the Department of Child Support Services that they have been in and remain in compliance with a court ordered payment plan in order to remain eligible for a license.
- Licensees shall provide the County a quarterly list of all employees employed by licensee at any time during the quarter. Reports are due by the 15th of the month following the end of the quarter (March, June, September, and December). The list shall include names, addresses, phone numbers and social security numbers for all employees.
- If licensee uses a payroll withholding process, licensee must comply with any income withholding order for child support for any employee in licensee’s employ. In addition, if the income withholding order is for an owner or part-owner of the business, the business shall also comply with the income withholding order and provide necessary tax information if self- employed for purposes of determining accurate child support orders.
- Other than pursuant to Section 5-20.04(A)(1), it is unlawful to cultivate marijuana in the County of Yolo without first having obtained a license under this chapter.
- The County Administrator is authorized to establish procedures and guidelines to process license applications.
- A license does not create any interest of value, is not transferable, and automatically terminates upon transfer.
- A license issued by the County constitutes a revocable privilege. Applicants and licensees have the burden of proving its qualifications for a license at all times.
- The license shall be valid for one calendar year, or part thereof, beginning January 1st of the year in which it is issued. The license will expire on December 31st of the year in which it was issued.
- A license is issued to and covers only the licensee identified on the license with respect to the cultivation site identified on the license. The license does not run with the land.
- The County shall not accept any applications for an initial license after 5:00 p.m. on December 31, 2017.
- Notwithstanding any provision in this chapter to the contrary, a licensee with a currently valid license may relocate the licensee’s cultivation site to a site pre-approved in writing by the County upon a determination that the proposed site will result in reduced community or environmental impacts. If relocating a cultivation site under this paragraph, the licensee may co-locate on the premises of another licensee provided the premises are no less than forty (40) acres in size. There shall not be more than two licenses located on a single premises.
- The provisions of this chapter shall apply after the expiration or revocation of a license until such time as no marijuana in excess of the amount allowed pursuant to Section 5-20.04(A)(1) remains on the premises.
- A licensee may apply for the renewal of a license no less than thirty (30) days prior to the license’s expiration date. No activity related to marijuana cultivation may occur on the premises and the marijuana business shall cease operations after the expiration of a current license.
- An application for renewal will only be accepted if it is accompanied by the requisite licensing fees.
- Each application for renewal shall include updated information for any part of the application that has undergone a change in circumstance since the original application or last renewal filing.
- All owners of the marijuana business and the owners of the property on which the business is located must be fingerprinted each year at renewal if required in the discretion of the County.
- Unless administratively continued upon a showing of good cause and at the sole discretion of the County, a license is immediately invalid upon expiration and the marijuana business shall cease operations. If a license expires, the County may approve a renewal of the expired license at any time up to three (3) months from the expiration date of the license. After the license has been expired for three (3) months, the County may not renew the license, and the holder of the expired license must apply for and obtain a new license to resume operations.
- Notwithstanding compliance with the provisions of this chapter, cultivation of marijuana is prohibited if cultivated in any amount or quantity, upon any premises, that discharges from any source whatsoever such quantities of air contaminants, odor or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons, to the environment or to the public or which endanger the comfort, repose, health, or safety of any such persons or the public or which cause to have a natural tendency to cause injury or damage to business or property.
- No person owning, leasing, occupying, or having charge or possession of any property within the County shall cause, or allow such property to be used for the cultivation of marijuana in violation of this chapter. The property owner shall be responsible and jointly liable for all violations of this chapter and applicable laws on the property.
- Medical marijuana collectives shall not cultivate marijuana in excess of the amount allowed pursuant to Section 5-20.04(a)(1) above without a license and any other approval required under this chapter.
- Except those activities expressly allowed pursuant to a license issued under this chapter, the establishment, maintenance, or operation of any commercial marijuana business or activity, including, but not limited to, cultivation, processing, manufacture, distribution (including delivery as defined in Business and Professions Code § 26001(h)), transportation, laboratory testing, and sale, which would require a state license to be issued pursuant to MAUCRSA, is prohibited within the unincorporated area of the County of Yolo.
3-18.05 – Tax Imposed
- Every person who is engaged in commercial cannabis cultivation in the unincorporated area of the County shall pay an annual cannabisbusiness tax. The minimum tax rate for commercial cannabis cultivation shall be one percent of gross receipts per fiscal year and the maximum rate shall be 15 percent of gross receipts per fiscal year.
- Effective July 1, 2018 through June 30, 2020, the initial tax rate on commercial cannabis cultivation shall be set at 4 percent of gross receipts per fiscal year. Unless the Board of Supervisors takes action otherwise, beginning on July 1, 2020, such tax rate shall automatically increase to five percent of gross receipts per fiscal year and shall continue at that rate until and unless the Board of Supervisors, in its discretion and subject to Subsection (E) below, implements a higher or lower tax rate.
3-18.05 – Tax Imposed
Every person who is engaged in a cannabis business other than cultivation, including but not limited to nurseries, processing, transporting, distributing, distribution facility, manufacturing, compounding, converting, preparing, storing, packaging, delivering, selling or a testing laboratory in the unincorporated area of the County shall pay an annual cannabis business tax. The minimum tax rate shall be one percent of gross receipts per fiscal year and the maximum rate shall be 15 percent of gross receipts per fiscal year. The initial tax rate shall be set at five percent of gross receipts per fiscal year.