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Cannabis

City of Burlingame Cannabis (Marijuana) Regulations (Burlingame Municipal Code Section 25.48.060) allow the following:

  • Delivery of cannabis products by operators holding a delivery-only Operator Permit (no fixed location).
  • Non-storefront cannabis retail delivery establishments (fixed location).
  • Indoor cultivation of up to six cannabis plants by persons 21 years of age and older, as allowed under state law.

Non-storefront cannabis retail delivery is defined as a business or operation, whether for profit or nonprofit, whose premises are closed to the public and which sells cannabis and/or cannabis products exclusively by delivery, for which a state license (Type 9-Non-storefront Retailer) is required under Business and Professions Code sections 26000 and following. This definition does not include any storefront component whereby customers purchase the products at the physical premises of the retail establishment.

Non-storefront cannabis retail delivery businesses must obtain an Operator Permit, as well as be granted a Conditional Use Permit from the Planning Commission. There is a limit of four (4) non-storefront cannabis retail delivery businesses within the city limits.  One (1) Operator Permit has been approved and one (1) is currently under review.  Non-storefront retail delivery businesses may only be located in the Innovation Industrial (I-I) Zoning District (click here for Zoning Map).

The City's Cannabis Regulations includes operation standards for both non-storefront cannabis retail delivery businesses with a fixed location within Burlingame, as well as cannabis delivery-only operator permit holders for commercial cannabis business deliveries originating from outside the city limits. 

Please note that, as a result of the passage of the November 2022 ballot Measure X, all cannabis businesses will be assessed a 5% tax on gross receipts. annually.  Please reference this staff report describing the basis for the tax, this ordinance and resolution placing the measure on the ballot, and this staff report affirming the passage of the measure

OPERATOR PERMIT INFORMATION

Fixed Location Non-Storefront Retail Delivery Operator Permit:
  All non-storefront retail delivery operators with a fixed location require a Fixed Location Non-Storefront Delivery Operator Permit. The number of fixed location operators is limited to four (4). Fixed location applicants will be served on a “first come, first served” basis, determined by date of when an Operator's Permit application is deemed complete (rather than date of submittal).  For a full list of requirements for submittal, please see the Fixed Location Non-Storefront Retail Delivery Operator Permit Application below. This must be submitted to the Planning Division and a Conditional Use Permit approved prior to beginning operations in the City.

Delivery Only Operator Permit:  All non-storefront retail delivery operators without a fixed location require a Delivery Only Operator Permit. This must be submitted to the Planning Division and approved prior to beginning operations in the City.  For a full list of requirements for submittal, please see the Delivery Only Operator Permit Application below. 

APPLICATION FORMS
Fixed Location Non-Storefront Retail Delivery Operator Permit
Delivery Only Operator Permit (no fixed location)

APPLICATION FEES

  Operator’s Permit Application – delivery only, no fixed location $1,571.00
  Operator’s Permit Application – fixed location, non-storefront retail delivery $6,283.00
  Conditional Use Permit $3,166.00
  Operator’s Permit Renewal – delivery only, no fixed location $393.00
  Operator’s Permit Renewal – fixed location, non-storefront retail delivery $1,571.00

OTHER RESOURCES

Ordinance
Ordinance Staff Report