California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 3 - Retailers › Section 15402 - Customer Access to the Retail Area

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Individuals shall be granted access to the retail area to purchase cannabis
				goods only after the retailer or an employee of the retailer has confirmed the
				individual's age and identity pursuant to section
				15404.
(b) The licensed retailer or at least one
				employee shall be physically present in the retail area at all times when
				individuals who are not employees of the licensed retailer are in the retail
				area.
(c) All sales of cannabis
				goods must take place within the retail area of the retailer's licensed
				premises, except for cannabis goods sold through delivery, a drive-in or
				drive-through window as authorized by section
				15025(e), or
				curbside delivery as provided in subsection (d).
(d) A licensed retailer or licensed
				microbusiness authorized to engage in storefront sales at their licensed
				premises may conduct sales through curbside delivery. Cannabis goods that have
				been purchased by a customer may be delivered to the customer in a vehicle
				parked immediately outside the licensed retail premises. Curbside delivery of
				cannabis goods must occur under video surveillance and meet the requirements of
				section 15044, subsection (e) for recording
				point-of-sale areas. Retail employees engaging in curbside delivery must verify
				each customer's age pursuant to subsection (a). Licensed retailers who are only
				authorized to engage in retail sales through delivery shall not conduct sales
				through curbside delivery.
1. Change
				  without regulatory effect renumbering and amending former title 16, section
				  5402 to new title 4, section
				  15402 filed 7-14-2021 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2021, No. 29). For prior history of title 16, division
				  42, see Register 2019, No. 3.
2. Amendment of subsection (c) filed
				  9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This
				  filing is a deemed emergency pursuant to Business and Professions Code sections
				  26013(b)(3)
				  and
				  26153.1(k).
				  A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or
				  emergency language will be repealed by operation of law on the following
				  day.
3. Amendment of subsection (c) refiled 3-28-2022 as an
				  emergency; operative 3-28-2022 (Register 2022, No. 13). This filing is a deemed
				  emergency pursuant to Business and Professions Code sections
				  26013(b)(3)
				  and
				  26153.1(k).
				  A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 3-28-2022 order, including
				  amendment of section, transmitted to OAL 9-26-2022 and filed 11-7-2022;
				  amendments effective 11-7-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 45).
Note: Authority cited: Section
					 26013,
					 Business and Professions Code. Reference: Sections
					 26070
					 and
					 26140,
					 Business and Professions Code.