A.    It shall be unlawful for any person to conduct, engage in or allow to be conducted or engaged in the operation of a medical marijuana dispensary in the unincorporated portion of Alameda County, unless such medical marijuana dispensary has been granted a legally effective permit issued under this chapter. Notwithstanding the above, the permits issued under this chapter do not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws.

    B.    The owner, managing partner, officer of a corporation or such other person who shall be primarily responsible for the operation of a proposed medical marijuana dispensary shall apply for a permit under this chapter and, if granted, shall maintain the operation of the medical marijuana dispensary in conformity with the terms of this chapter and of the permit.

    C.    The fact that an applicant possesses other types of state or county permits or licenses other than those identified in Section 6.108.020 shall not exempt the applicant from obtaining a permit under this chapter, nor shall the terms and conditions of any other such permit or license modify the requirements of a permit granted under this chapter.

    D.    At no time shall the county have in effect more than three permits, consisting of a maximum of one permit in each of the areas shown in Exhibit A at the end of this chapter. No permit shall be issued in any portion of the unincorporated area that is not within one of the areas delineated in Exhibit A.

    E.    Notwithstanding subsection D of this section, each medical marijuana dispensary shall also meet all of the following locational standards:

    1.    No dispensary may be closer than one thousand (1,000) feet from any other dispensary.

    2.    No dispensary may be closer than one thousand (1,000) feet from any school, public park or playground, drug recovery facility or recreation center.

    3.    Each dispensary shall be located in a commercial or industrial zone or their equivalent.

    F.    The county has the ability to reduce the location requirement as it applies to schools by fifteen (15) percent upon a finding that the dispensary would not endanger the health and safety of students. (Ord. 2005-52 § 2 (part): Ord. 2005-25 § 2 (part))