1609(b)(11)(D), 1618(j) Security Plan and Identification Badge

Sharing your comments with the Office of Cannabis
Any person may submit written comments or arguments relevant to the proposed rules during the comment period. If you have questions or want to submit written comments or arguments, email officeofcannabis@sfgov.org.

In addition to submitting by email, written comments may be submitted by U.S. mail or in person to:

Office of Cannabis
49 South Van Ness
Suite 660
San Francisco
CA 94103

Security Plan Rulemaking Posting 01.03.2019.zip

Background
Definitions
Rules

Background

Pursuant to Section 1609 of the San Francisco Police Code, every Cannabis Business Permit Applicant is required to submit to the Office of Cannabis a Security Plan (“Plan”) as part of the permit application.This plan must adequately address the safety of persons and security of property at Cannabis Businesses and is be developed in consultation with the Police Department.

Further, pursuant to Section 1618(j) of the San Francisco Police Code, every Cannabis Business is required to provide identification badges to all employees that display: (1) the name of the Cannabis Business; (2) the number of the Cannabis Business’ Cannabis Business Permit; and (3) a photo of the employee’s face. Such identification badges must be worn by employees at all times when they are on the Premises of the Cannabis Business, and when acting in the scope of their employment.

The following rules apply to the creation and contents of the Security Plan, further outline application requirements associated with the Security Plan, and further clarifies what is required of a Permittee in order to be in compliance with 1618(j).

Definitions

Where these rules use terms defined in Article 16 of the Police Code, the Article 16 definitions of those terms shall also apply to these rules.

“Alarm agent” means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision.

“Alarm System” means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may respond.

“Business Name” means the ownership name of the applicant’s Business Account.

“Cannabis Business Permit Applicant” means “Applicant” as defined in Section 1602 of the San Francisco Police Code.

“Limited-Access Area” means an area in which cannabis goods are stored or held and is only accessible to a Permit holder and its employees and authorized individuals.

Rules

Mandatory Security Measures

Limited Access Area Requirements:
1. Permittees shall ensure that only employees of the permittee and other authorized individuals access the limited-access areas of the permitted premises.
2. For the purpose of this section, authorized individuals include individuals employed by the permit holder as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited-access areas.
3. An individual who enters the limited-access area that is not employed by the permit holder shall be escorted by an employee of the permit holder at all times while within the limited-access area.
4. A permit holder shall maintain a record of all authorized individuals that are not employees of the permit holder who enter the limited-access areas. The record shall include the name of the individual, the company the individual works for, the reason the individual entered the limited-access area, the date, and the times the individual entered and exited the limited-access area. These records shall be made available to the Office of Cannabis immediately upon request.
5. A permit holder shall not receive consideration or compensation for permitting an individual to enter the limited-access areas.
6. The door to limited access areas shall remain closed when not in use during regular business hours.

Employee Badge Requirements:
1. Every Cannabis Business is required to provide identification badges to all agents, officers, or other persons acting for or employed by the Cannabis Business Permit holder.
2. Such identification badge must be laminated or plastic coated and, at minimum, must include the following information:
  1. Business name (dba);
  2. State license number;
  3. Office of Cannabis permit number;
  4. First name of the employee, agent or officer;
  5. Unique number for the employee, agent or officer; and
  6. A color photograph of the employee, agent or officer that clearly shows the full front of the individual’s face and that is at least 1 inch in width and 1.5 inches in height.
3. All persons acting on behalf of the Cannabis Business must wear these badges at all times while engaging in commercial cannabis activity, including while transporting cannabis for distribution, testing, or delivery.
4. A Cannabis Business shall make every reasonable effort to recover an identification badge once the agent, officer, or other person is no longer acting for or employed by the business.

Video Surveillance Requirements:
1. Each permitted premises shall have a digital video surveillance system with a minimum camera resolution of 1280 × 720 pixels.
2. The video surveillance system shall at all times be able to effectively and clearly record images of the area under surveillance.
3. Each camera shall be permanently mounted and in a fixed location.
4. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the permitted premises, and allows for the clear and certain identification of any person and activities in all areas required to be filmed under these rules and any applicable regulations promulgated by the California Bureau of Cannabis Control.
5. Areas that shall be recorded on the video surveillance system must include the following:
  1. Areas where cannabis goods are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the permitted premises;
  2. Limited-Access Areas;
  3. Security rooms;
  4. Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area; and
  5. Entrances and exits to the permitted premises, which shall be recorded from both indoor and outdoor vantage points; and
  6. Cannabis Retailers and Cannabis Microbusinesses authorized to engage in storefront retail sales shall also record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the facial features of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
6. Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS).
7. The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering or theft.
8. Surveillance recordings shall be kept for a minimum of 90 calendar days.
9. Surveillance footage must be recorded and retained in such a way that, when the Office of Cannabis (OOC), San Francisco Police Department (SFPD), or other Inspecting Departments are otherwise authorized by law to review such footage, such footage may be reviewed and retained at a location other than the premises of the cannabis business.
10. Surveillance recordings are subject to inspection by the Office of Cannabis (OOC) and San Francisco Police Department (SFPD) as authorized by Police Code Section 1630(b) and other applicable laws, and shall be kept in a manner that allows the OOC and SFPD to view and obtain copies of the recordings at the permitted premises upon request, without delay, except to any extent otherwise required by law. The permit holder shall also send or otherwise provide copies of the recordings to the OOC and SFPD upon request within the time specified by the OOC and SFPD.
11. Recorded images shall clearly and accurately display the time and date. Time is to be measured in accordance with the standards issued by the United States National Institute of Standards and Technology.
12. The video surveillance system shall be equipped with a failure notification system that provides notification to the permit holder of any interruption or failure of the video surveillance system or video surveillance-system storage device.
  1. Permit holders are required to notify the Office of Cannabis if there is such a failure within 24 hours of that failure.
13. If multiple permitted premises are contained within the same building, a single video surveillance system covering the entire building may be used by all of the permit holders under the following conditions:
  1. Each applicant or permit holder shall disclose on their premises diagram where the surveillance recordings are stored.
  2. Each applicant or permit holder shall include in their Security Plan an explanation of how the video surveillance system will be shared amongst the permitted premises, including who is responsible for monitoring the video footage and storing any video recordings.
  3. All permit holders shall have unrestricted access to the surveillance recordings, in a manner sufficient to ensure that each permit holder may produce them to the Office of Cannabis or inspecting agency pursuant to Section 1630(b) of the San Francisco Police Code.
  4. All permit holders shall be held responsible, on a joint and several basis, for any violations of the video surveillance requirements. Any failure to maintain a video surveillance system in accordance with these rules shall be grounds to suspend, revoke, or take other adverse action against all such permit holders’ permits.

Security Personnel Requirements:
1. A permitted Cannabis Retailer or permitted Cannabis Microbusiness authorized to engage in retail sales shall hire or contract for security personnel who are at least 21 years of age to provide on-site security services for the permitted retail premises during the hours of operation.
2. All security personnel hired or contracted for by the permit holder shall be licensed by the Bureau of Security and Investigative Services; shall not be an employee of any Inspecting Department or any agency, department, or office responsible for regulating cannabis businesses; and shall comply with Chapters 11.4 and 11.5 of Division 3 of the California Business and Professions Code
3. Notwithstanding Rule (d)(1) of this section, a permitted Delivery Only Cannabis Retailer or permitted Cannabis Microbusiness who is not engaged in storefront retail sale is not required to hire or contract for security personnel.
4. If multiple permitted premises are contained within the same building, security personnel may be shared by all of the permit holders to cover the entire building under the following conditions:
  1. Each permit holder shall include in their Security Plan, an explanation of how security personnel will be shared amongst the permitted premises, including who is responsible for employing or contracting the security personnel.
  2. All permit holders shall be held responsible, on a joint and several basis, for any violations of the requirements, set forth in these rules and other applicable rules, to hire or contract for security personnel. Any failure to maintain compliance with these requirements shall be grounds to suspend, revoke, or take other adverse action against all such permit holders’ permits.

Lock and Door Requirements:
1. A permit holder shall use commercial-grade, nonresidential door locks on all points of entry and exit to the permitted premises.
2. A permit holder shall ensure that the limited-access areas can be securely locked using commercial-grade, nonresidential door locks.
3. Solid doors are required at the entrance and exit to all limited access areas.

Alarm System Requirements:
1. A permit holder shall maintain an alarm system at the permitted premises.
2. A permit holder shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.
3. Upon request, a permit holder shall make available to the SFPD and OOC all information related to the alarm system, monitoring, and alarm activity.
4. If multiple permitted premises are contained within the same building, a single alarm system covering the entire building may be used by all of the permit holders under the following conditions:
  1. Each permit holder shall include in their Security Plan, an explanation of how the alarm system will be shared amongst the permitted premises, including who is responsible for contracting with the alarm company.
  2. All permit holders shall have access to and be able to provide the information under subsection (3) of this section to the Office of Cannabis or other Inspecting Department pursuant to Section 1630(b) of the San Francisco Police Code.
  3. All permit holders shall be held responsible, on a joint and several basis, for any violations of the requirements, set forth in these rules and other applicable rules, to maintain an alarm system. Any failure to maintain compliance with these requirements shall be grounds to suspend, revoke, or take other adverse action against all such permit holders’ permits.

Security Plan Development & Implementation Requirements

In addition to fulfilling the specific requirements imposed by these rules, all of the content submitted as part of an Applicant’s Security Plan must otherwise adequately address the safety of persons and property at the Cannabis Business.

Security Plans must be developed in consultation with the San Francisco Police Department.

Mandatory Cannabis Business Permit Application Security Plan Submission Requirements

At a minimum, all Cannabis Business Permit Applicants will be required to submit a Security Plan as part of the application process that contains information related to how the applicant will secure the premises, diversion controls the applicant has put in place, the premises alarm system, the premises video surveillance system, security personnel, and personnel identification badge maintenance. At a minimum, the Security Plan must contain the following information:
1. General Information:
  1. The Applicant’s business name.
  2. The address at which the permit is being sought.
  3. The name, role, responsibility, and contact information including phone number and email for each employee of the Permittee responsible for implementing the Security Plan.
2. Employee Badges:
  1. Description of how the applicant will comply with the employee badge requirement in Section 5043 of the Bureau of Cannabis Control’s regulations and Section 1618(j) of the San Francisco Police Code.
  2. Description of how the applicant will assign employee numbers and what the procedures are when an employee changes responsibilities or leaves the employment of the licensee.
3. Procedures for Securing the Premises:
  1. Procedures for ensuring general security of premises, including a description of all entrances, exits, windows, doorways and the types of locks used to secure each entrance and exit.
  2. Procedures for allowing individuals access to the premises, including:
    1. A list of employees who have access, including their roles and responsibilities.
    2. A description of how the applicant will ensure only authorized persons have access to the permitted premises and any applicable limited access areas.
    3. A description of how the applicant will maintain an accurate record of all non-employee authorized individuals (e.g. vendors, contractors) allowed onsite.
    4. Procedure for restricting access to limited-access areas.
4. Diversion Controls:
  1. Procedure for notifying San Francisco law enforcement and the Office of Cannabis in the case of theft.
  2. Procedure for preventing diversion of cannabis goods.
5. Alarm System:
  1. A description of the security alarm system including:
    1. name of alarm system agent;
    2. license number
    3. address;
    4. phone number; and
    5. contact information for the General Manager of the alarm system.
  2. A description of how the permittee will ensure that the alarm system remains operational, including the expected frequency of maintenance checks by the alarm company.
  3. A description of the alarm system features, including whether there are motion detection sensors inside the premises.
  4. A description of the method for police notification, and what the notification methods consist of.
  5. If the alarm system is shared by multiple cannabis business operators, each applicant is required to submit:
    1. An explanation of how the alarm system will be shared, including who is responsible for maintaining the alarm system.
    2. Which permit holder is responsible for contracting with the alarm company.
6. Video Surveillance System:
  1. The name of the video surveillance system.
  2. The resolution of the images recorded with the video surveillance system and the number of frames per second.
  3. The physical location device on which the recordings are stored.
  4. Procedure for maintaining surveillance equipment.
  5. Procedure for maintaining secure storage of on-site recordings, including preventing intentional obstruction, tampering, or disabling.
  6. Procedure for maintaining offsite storage of surveillance footage.
  7. Name and contact information for the employee on the premises that is responsible for the maintenance of the system.
7. Security Personnel:
  1. The names of each security personnel employed or contracted by the applicant.
  2. If contracting for security personnel, the applicant must also provide the following information:
    1. Name of the Security Company;
    2. license number;
    3. contact person;
    4. phone number of the personnel hired to provide service; and
    5. a copy of the contract.
  3. A description of where the security personnel will be stationed, and if roving, where the security personnel will rove and when.
  4. Hours of security personnel’s presence on the permitted premises.
  5. Whether the security personnel will be armed or unarmed.
  6. If the security personnel will be shared by multiple cannabis business operators, each applicant is required to submit:
    1. An explanation of how the security personnel will be shared.
    2. The permit holder with responsibility for employing the security personnel must be identified.

Compliance with Permit Conditions

All provisions of the Security Plan, once approved by the Office of Cannabis, shall be conditions of any Cannabis Business Permit issued pursuant to Police Code Section 1615.

Violations of any condition of a Permittee’s Security Plan shall be treated as a violation of a permit condition as set forth in Police Code Sections 1612, 1615, and 1617, and other applicable laws.

Changes to a Permittee’s Security Plan shall not occur without prior express, written approval of the Office of Cannabis.

A Permittee may request a permit amendment to remove or change a condition of their Security Plan by filing a request with the Office of Cannabis pursuant to Section 1617(c) of the Police Code.

Departments

Office of Cannabis