Thumbnail photo by Jennifer Martin via Wikimedia Commons. Creative Commons License. Crescent City councilors endorsed a Planning Commission request to modify the city’s commercial cannabis law to disallow indoor cultivation within city limits. But, while planning commissioners also recommended limiting the number of retailers to eight, councilors opted for a stricter cap. “As long as these business owners are obeying the rules and acting professionally, limiting it to five would be very reasonable,” Mayor Pro Tem Candace Tinkler told her colleagues Monday. There are currently five retail businesses operating within the city, City Attorney Martha Rice told councilors. There is also one indoor commercial cannabis cultivator within the city whose permit would be grandfathered in. Under the Planning Commission’s recommendations, future indoor cultivation permits would not be granted, Rice said. The Planning Commission became the “quasi-judicial approval board” when the city’s commercial cannabis ordinance took effect in 2020, according to City Manager Eric Wier. Its role was to determine whether an establishment was consistent with the city’s ordinance. “I think they felt their hands were tied,” he said of the Planning Commission, who held a public hearing on the issue on Oct. 16. “The other things that were discussed, and the Council could pick up is, again, the density. Do you want three or four all right next to each other? Or all in your downtown? Do you want them in your commercial waterfront? Do you want them right next to certain kid-friendly activities like bowling alleys or movie theaters? Those are all things the Council could consider with this.” Currently, Crescent City’s commercial cannabis ordinance allows indoor cultivation, manufacturing, processing, distribution, micro-businesses, testing and retail in its commercial and highway services zones. Retailers were required to have a 600-foot setback from schools and daycares, though an exception could be granted by the Planning Commission. A commercial cannabis establishment is also prohibited from advertising within 1,000 feet of a playground, daycare center, youth center, community use center or a public library. The ordinance also requires cannabis operators obtain a $15,000 surety bond. Crescent City’s ordinance also requires indoor cannabis cultivators take steps to limit impacts associated with the substance’s odor. Along with the recommended cap on the number of retailers as well as disallowing more cultivation operations, planning commissioners recommended clarifying that the surety bond was to be maintained for the life of the business. The updated ordinance would require a commercial cannabis establishment to open its doors within two years of obtaining a use permit or it would expire, according to Rice. If a commercial cannabis permittee has closed its doors for 60 days or longer, their permit will be considered surrendered. Planning commissioners also recommended including enforcement options such as suspension, revocation or amendment of a use permit if businesses aren’t complying with regulations, Rice said. The city attorney said there was one retailer who obtained a permit four years ago, but never opened their business. “We don’t think they’re going to open,” she said. According to Ethan Lawton, a planner for Eureka-based SHN, who works with the city, when the Planning Commission discussed capping the number of retail permits it would grant, there were seven retailers operating. Commissioners proposed capping that number at eight to have an “extra space above the existing” number of retailers. But as discussions progressed, two businesses closed and another permit became inactive, Lawton said. Though they were inclined to agree with most of the Planning Commission’s recommendations, the City Council also raised concerns about commercial cannabis establishments and their proximity to bowling alleys, movie theaters or other kid-friendly places. Crescent City Mayor Isaiah Wright, who is a kindergarten teacher, said those were his concerns when he and his colleagues first discussed the ordinance five years ago. Mayor Pro Tem Candace Tinkler raised further concerns about impacts to youth. “I’m not seeing that any of these businesses are doing anything illegal, but I have personally seen underage youth lingering at the doors of one or two of these places,” she said. Tinkler said she felt that cannabis can do damage to “young people whose brains are still growing and developing.” She said she felt restricting the number to five was reasonable. However, Crescent City Police Chief Richard Griffin said he hadn’t heard complaints about juveniles loitering in front of cannabis retailers. He said his experience with all of the retailers have been positive. “We only had a couple of issues that I attribute more to an employee and the way they acted,” Griffin said. “There was a firearm brandished, but I think that was more the attitudes of the employee and didn’t reflect the store itself. They were actually really cooperative with us during that investigation.” Griffin said he has been impressed with the way the retailers in Crescent City have conducted themselves. Kelly Feola, Crescent City’s director of recreation, events and marketing, said she was disappointed that the ordinance allowed indoor cultivation. Speaking as a private citizen, Feola referred to an operation the Council approved for the former Turf Club bar across the street from Beachfront Park. “As a mom and a grandma, I’m completely against these being located next to where our children play and frequent,” she said. Wier said staff will bring a first draft of the proposed revisions to the cannabis ordinance back before the City Council. Councilor Jason Greenough was absent.