# Board of Supervisors Minutes: November 28, 2017 - Meeting date: 2017-11-28 - Document type: minutes - Pages in official PDF: 31 - [Canonical HTML transcript](https://sfbos.info/documents/476/2017-11-28-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=576105&GUID=FD364D6A-A727-4494-BDC0-C7A98ACC566D) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171075: Settlement of Lawsuit - T-Mobile West, LLC - $72,500 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 171075 [Settlement of Lawsuit - T-Mobile West, LLC - $72,500] Ordinance authorizing settlement of the lawsuit filed by T-Mobile West, LLC against the City and County of San Francisco for $72,500; the lawsuit was filed on September 9, 2015, in San Francisco Superior Court, Case No. CGC-15-547840; entitled T-Mobile West, LLC v. City and County of San Francisco; the lawsuit involves a Utility Users Tax refund. (City Attorney) Ordinance No. 236-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171076: Settlement of Lawsuit - AT&T Corp. - $498,000 - Pages: 5 - Vote 1: final-passage, likely final - Action: 171076 [Settlement of Lawsuit - AT&T Corp. - $498,000] Ordinance authorizing settlement of the lawsuit filed by AT&T Corp. against the City and County of San Francisco for $498,000; the lawsuit was filed on October 26, 2016, in San Francisco Superior Court, Case No. CGC-16-555047; entitled AT&T Corp. v. City of San Francisco, Department of Public Health; the lawsuit involves a breach of contract claim arising from a dispute over AT&T’s design of a medical grade wireless network at Zuckerberg San Francisco General Hospital; other material terms of the settlement are that the City reserves all rights to pursue claims against AT&T for, and AT&T shall retain responsibility for, latent defects; all extant express and implied warranties under the contract shall remain in full force and effect; the City and AT&T will execute a mutual release; the City and AT&T will each bear its own fees and costs. (City Attorney) Ordinance No. 237-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171041: Planning Code - Cannabis Regulation - Pages: 5-7 - Vote 1: amendment - Action: oducts, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) create a limit of three Medical Cannabis Dispensaries and Cannabis retail uses, in any combination, in the Excelsior Outer Mission Street Neighborhood Commercial District; 7) delete superseded Planning Code provisions; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Cannabis Retail Uses within a 1000 foot radius of existing schools or day care centers. The motion FAILED by the following vote: - Ayes: Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Sheehy - Vote 2: amendment - Action: Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 1000 foot radius of existing schools. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Peskin, Ronen, Sheehy - Vote 3: amendment - Action: Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 600 foot radius of existing schools and day care centers. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Peskin, Ronen, Sheehy - Vote 4: amendment - Action: City and County of San Francisco Page 868 Printed at 1:11 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/28/2017 Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the area bound by Lincoln Way, Sunset Boulevard, the Pacific Ocean, and Sloat Boulevard; and by allowing a maximum of one Medical Cannabis Dispensary or Cannabis Retail Use in the Noriega Street NCD, Irving Street NCD, Taraval NCD, and Judah Street NCD. The motion FAILED by the following vote: - Ayes: Farrell, Safai, Tang, Yee - Noes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Sheehy - Vote 5: amendment - Action: Supervsior Ronen moved that this Ordinance be AMENDED by striking the restriction of a 600 foot radius between Cannabis Retail Uses. The motion FAILED since no second was attained. Supervisor Ronen, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the limit of three Medical Cannabis Dispensary Uses or Cannabis Retail Uses within the Excelsior Outer Mission Street Neighborhood Commercial District. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen - Noes: Farrell, Safai, Sheehy, Tang, Yee - Vote 6: amendment - Action: f cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) delete superseded Planning Code provisions; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. Supervisor Peskin, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring Cannabis Retail and Medical Cannabis Dispensary Uses in C, PDR, M, and Mixed Use Districts be subject to the permit review procedures of Section 312; and making other clarifying and conforming changes. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 7: amendment - Action: Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED by requiring a Medical Cannabis Dispensary Use that converts to a Cannabis Retail Use in the Ocean Avenue and West Portal NCDs and on Taraval Street be subject to Mandatory Discretionary Review; by prohibiting Cannabis Retail Use within a 1000 foot radius of existing schools or day care centers, and prohibiting Cannabis Retail Use within a 1200 foot radius of existing schools or day care centers on Taraval Street between Forest Side Avenue and 19th Avenue; allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the Ocean Avenue NCT; and making other clarifying and conforming changes. The motion FAILED by the following vote: - Ayes: Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy - Vote 8: amendment - Action: Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by creating a new definition in Section 102 for ‘Temporary Cannabis Sales’; by amending Section 190 by adding requirements for grandfathered MCD to convert to Cannabis Retail Use; by adding a new ‘Section 191. Authorization of Temporary Cannabis Sales Uses.’; and adding a new Subsection 205.2(e) regarding Temporary Cannabis Retail Use. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 9: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee - Noes: Safai ### File 171042: Various Codes - Regulation of Cannabis Businesses - Pages: 7-10 - Vote 1: amendment - Action: Department of Public Health to implement an ongoing public health education campaign about the safe consumption and health benefits of cannabis; 16) requiring the Controller to submit a report to the Board of Supervisors within one year of the effective date of Article 16 recommending whether the issuance of cannabis business permits should be subject to any limits; 17) establishing an Equity Operator Fund to receive any monies appropriated for the purpose of assisting Equity Operators; 18) eliminating the duty of the Clerk of the Board of Supervisors to send letters annually to state and federal officials requesting that cannabis be regulated and taxed; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Section 1602 by amending the definitions; in Section 1605 by amending the transition provisions; in Section 1618 by removing the requirement for a fire proof safe; and Section 1624(b)(3) by changing ‘Health and Safety Code’ to ‘Business and Professions Code. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: ng cannabis under the authority of a medical cannabis dispensary permit, starting April 1, 2018; 14) establishing a sunset date of December 31, 2018, for Article 33 of the Health Code (“Medical Cannabis Act”); 15) requiring the Department of Public Health to implement an ongoing public health education campaign about the safe consumption and health benefits of cannabis; 16) requiring the Controller to submit a report to the Board of Supervisors within one year of the effective date of Article 16 recommending whether the issuance of cannabis business permits should be subject to any limits; 17) establishing an Equity Operator Fund to receive any monies appropriated for the purpose of assisting Equity Operators; 18) eliminating the duty of the Clerk of the Board of Supervisors to send letters annually to state and federal officials requesting that cannabis be regulated and taxed; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Yee, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED in Article 16, Section 1606(a), by changing ‘January 1, 2019’ to ‘January 1, 2020.' The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Farrell, Safai, Sheehy, Tang - Vote 3: rescission - Action: Supervisor Tang, seconded by Supervisor Cohen, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 4: amendment - Action: is Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Article 16, Section 1606(a), by striking ‘Prior to January 1, 2019’ and adding ‘Except as provided in subsection (b) of this Section 1606, the’, Section 1606(2) by adding ‘prior to the effective date of the ordinance, in Board File Number 171042, establishing this Article 16’, and Section 1606(a)(5) by striking ‘prior to September 26, 2017’ and adding ‘and received approval from the Planning Commission prior to the effective date of the ordinance, in Board File No. 171042, establishing this Article 16’, and adding a new Section 1606 ‘(b) The Director may award a Cannabis Business Permit to an Applicant that does not meet the criteria set forth in subsection (a) of this Section 1606 if the total number of Cannabis Business Permits awarded to Equity Applicants in the permit category sought by the Applicant has reached 50% of the City and County of San Francisco Page 871 Printed at 1:11 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/28/2017 total number of Cannabis Business Permits awarded in that permit category.’; and Section 1610 by striking ‘(1), (2), and (3)’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 5: amendment - Action: Supervisor Safai, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Article 33, Section 3322, by adding a new subsection ‘(4) Submits to the Director a “Good Neighbor Policy,” as described in subsection (b)(19) of Section 1609 of the Police Code, and a “Security Plan,” as defined in Section 1602 of the Police Code, along with written verification from the Office of Cannabis that the Director of the Office of Cannabis, or his or her designee, has determined that the policy and plan are adequate to enhance public safety and neighborhood needs.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Noes: Fewer - Vote 6: amendment - Action: Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Article 16, Section 1618(aa), by adding ‘In addition, Cannabis Cultivation Facilities and Cannabis Manufacturing Facilities may provide Medicinal Cannabis and/or Medicinal Cannabis Products at no or nominal cost to Storefront Cannabis Retailers, for distribution through a Compassion Program.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 7: amendment - Action: Supervisor Cohen, seconded by Supervisor Sheehy, moved that this Ordinance be AMENDED, AMENDMENT OF THE WHOLE BEARING SAME TITLE. Before the vote was taken, Supervisor Cohen, seconded by Supervisor Yee, moved to revise the motion to AMEND by adding additional requirements regarding age limits for employees, and striking 'exclusively' from Section 10.100. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 8: amendment - Action: Drugs, by striking ‘exclusively’ in the ‘Use of Funds’; by amending Article 33, Section 3322, by changing the start date to the effective date of the Ordinance, requiring MCDs that convert to have 30% of workforce, requiring MCDs to complete an Equity Plan before conversion, and requiring a good faith effort to comply with the Equity Plan before authorization to sell adult use cannabis; by amending Section 1609(b)(25) by requiring a progress report for existing MCDs on compliance with the Equity Plan; amending Section 1615(e)(4) by allowing denial of an adult use permit if the MCD has not made a good faith effort to comply with the Equity Plan; and amending Section 1633(a)(9) by allowing suspension or revocation of a permit if Equity Incubators have failed to make a good faith effort to implement their Plan; and in Article 16, Section 1618(o), by striking ‘No Cannabis Business that is an M-licensee may employ an individual who is not at least 18 years of age. Where a Cannabis Business is both an A-licensee and an M-licensee, if may not employ an individual who is not at least 21 years of age.’ and adding ‘, unless authorized by state law.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 9: amendment - Action: City and County of San Francisco Page 872 Printed at 1:11 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/28/2017 Supervisor Kim, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by further amending Section 1609(b)(21)(C) by striking reference to those applicants who have been awarded. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 10: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee - Noes: Safai ## Extracted text ### [Page 5](https://sfbos.info/documents/476/2017-11-28-minutes#page-5) Board of Supervisors Meeting Minutes 11/28/2017 171076 [Settlement of Lawsuit - AT&T Corp. - $498,000] Ordinance authorizing settlement of the lawsuit filed by AT&T Corp. against the City and County of San Francisco for $498,000; the lawsuit was filed on October 26, 2016, in San Francisco Superior Court, Case No. CGC-16-555047; entitled AT&T Corp. v. City of San Francisco, Department of Public Health; the lawsuit involves a breach of contract claim arising from a dispute over AT&T’s design of a medical grade wireless network at Zuckerberg San Francisco General Hospital; other material terms of the settlement are that the City reserves all rights to pursue claims against AT&T for, and AT&T shall retain responsibility for, latent defects; all extant express and implied warranties under the contract shall remain in full force and effect; the City and AT&T will execute a mutual release; the City and AT&T will each bear its own fees and costs. (City Attorney) Ordinance No. 237-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. 171041 [Planning Code - Cannabis Regulation] Sponsors: Mayor; Sheehy Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) create a limit of three Medical Cannabis Dispensaries and Cannabis retail uses, in any combination, in the Excelsior Outer Mission Street Neighborhood Commercial District; 7) delete superseded Planning Code provisions; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Cannabis Retail Uses within a 1000 foot radius of existing schools or day care centers. The motion FAILED by the following vote: Ayes: 4 - Kim, Safai, Tang, Yee Noes: 7 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Sheehy Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 1000 foot radius of existing schools. The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Safai, Tang, Yee Noes: 6 - Breed, Cohen, Farrell, Peskin, Ronen, Sheehy Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 600 foot radius of existing schools and day care centers. The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Safai, Tang, Yee Noes: 6 - Breed, Cohen, Farrell, Peskin, Ronen, Sheehy City and County of San Francisco Page 868 Printed at 1:11 pm on 1/3/18 ### [Page 6](https://sfbos.info/documents/476/2017-11-28-minutes#page-6) Board of Supervisors Meeting Minutes 11/28/2017 Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the area bound by Lincoln Way, Sunset Boulevard, the Pacific Ocean, and Sloat Boulevard; and by allowing a maximum of one Medical Cannabis Dispensary or Cannabis Retail Use in the Noriega Street NCD, Irving Street NCD, Taraval NCD, and Judah Street NCD. The motion FAILED by the following vote: Ayes: 4 - Farrell, Safai, Tang, Yee Noes: 7 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Sheehy Supervsior Ronen moved that this Ordinance be AMENDED by striking the restriction of a 600 foot radius between Cannabis Retail Uses. The motion FAILED since no second was attained. Supervisor Ronen, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the limit of three Medical Cannabis Dispensary Uses or Cannabis Retail Uses within the Excelsior Outer Mission Street Neighborhood Commercial District. The motion carried by the following vote: Ayes: 6 - Breed, Cohen, Fewer, Kim, Peskin, Ronen Noes: 5 - Farrell, Safai, Sheehy, Tang, Yee Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) delete superseded Planning Code provisions; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. Supervisor Peskin, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring Cannabis Retail and Medical Cannabis Dispensary Uses in C, PDR, M, and Mixed Use Districts be subject to the permit review procedures of Section 312; and making other clarifying and conforming changes. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED by requiring a Medical Cannabis Dispensary Use that converts to a Cannabis Retail Use in the Ocean Avenue and West Portal NCDs and on Taraval Street be subject to Mandatory Discretionary Review; by prohibiting Cannabis Retail Use within a 1000 foot radius of existing schools or day care centers, and prohibiting Cannabis Retail Use within a 1200 foot radius of existing schools or day care centers on Taraval Street between Forest Side Avenue and 19th Avenue; allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the Ocean Avenue NCT; and making other clarifying and conforming changes. The motion FAILED by the following vote: Ayes: 3 - Safai, Tang, Yee Noes: 8 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by creating a new definition in Section 102 for ‘Temporary Cannabis Sales’; by amending Section 190 by adding requirements for grandfathered MCD to convert to Cannabis Retail Use; by adding a new ‘Section 191. Authorization of Temporary Cannabis Sales Uses.’; and adding a new Subsection 205.2(e) regarding Temporary Cannabis Retail Use. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee Noes: 1 - Safai City and County of San Francisco Page 869 Printed at 1:11 pm on 1/3/18 ### [Page 7](https://sfbos.info/documents/476/2017-11-28-minutes#page-7) Board of Supervisors Meeting Minutes 11/28/2017 Recommendation of the Rules Committee 171042 [Various Codes - Regulation of Cannabis Businesses] Sponsors: Mayor; Sheehy Ordinance amending the Administrative, Business and Tax Regulations, Health, and Police Codes to comprehensively regulate commercial activities relating to the cultivation, manufacture, distribution, testing, sale, and delivery of medicinal and adult use cannabis by, among other things: 1) requiring businesses that engage in commercial cannabis activities to obtain a permit from the Office of Cannabis; 2) requiring the Director of the Office of Cannabis to implement an Equity Program to promote equitable ownership and employment opportunities in the cannabis industry by providing priority permitting for Equity Applicants and Equity Incubators, as defined; 3) defining eligibility for temporary and permanent cannabis business permits; 4) establishing priorities for the review of cannabis business permit applications; 5) establishing operating standards for cannabis businesses; 6) establishing criteria for granting, denying, suspending, and revoking cannabis business permits; 7) requiring all cannabis businesses to ensure that 50% of work hours are performed by San Francisco residents, and cannabis businesses with ten or more employees to adopt labor peace agreements; 8) authorizing the imposition of fines and penalties for violation of local and state laws governing cannabis businesses, and establishing procedures by which cannabis businesses may appeal a fine or permit penalty; 9) allowing pre-existing non-conforming cannabis operators to register with the Office of Cannabis and apply for cannabis business permits in 2018; 10) prohibiting the consumption of cannabis and cannabis products on the premises of all cannabis businesses, except Storefront Cannabis Retailers and Cannabis Microbusinesses that obtain consumption permits from the Department of Public Health; 11) prohibiting until January 1, 2019, tours of cannabis cultivators, manufacturers, and cannabis microbusinesses, and authorizing the Director of Cannabis to extend the prohibition on tours, or establish guidelines for the operation of tours; 12) prohibiting the acceptance of new applications for medical cannabis dispensary permits, starting January 1, 2018; 13) allowing medical cannabis dispensaries to sell adult use cannabis, starting January 1, 2018, and prohibiting medical cannabis dispensaries from cultivating cannabis under the authority of a medical cannabis dispensary permit, starting April 1, 2018; 14) establishing a sunset date of December 31, 2018, for Article 33 of the Health Code (“Medical Cannabis Act”); 15) requiring the Department of Public Health to implement an ongoing public health education campaign about the safe consumption and health benefits of cannabis; 16) requiring the Controller to submit a report to the Board of Supervisors within one year of the effective date of Article 16 recommending whether the issuance of cannabis business permits should be subject to any limits; 17) establishing an Equity Operator Fund to receive any monies appropriated for the purpose of assisting Equity Operators; 18) eliminating the duty of the Clerk of the Board of Supervisors to send letters annually to state and federal officials requesting that cannabis be regulated and taxed; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Section 1602 by amending the definitions; in Section 1605 by amending the transition provisions; in Section 1618 by removing the requirement for a fire proof safe; and Section 1624(b)(3) by changing ‘Health and Safety Code’ to ‘Business and Professions Code. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 870 Printed at 1:11 pm on 1/3/18