RIVERBANK MOVES TOWARD POT BAN

Council To Vote March 13 On Law To Stop Marijuana Dispensaries

RIVERBANK -- This city became Stanislaus County's fourth to consider
regulating medical marijuana dispensaries when it held a study
session Monday on a potential moratorium.

The session preceded a meeting where the council made a first move
toward regulating the city's massage businesses.

No marijuana dispensaries currently operate in the city. But Police
Chief Art Voortman advised the city has received inquiries from
callers asking about city rules for dispensaries.

Modesto's ban passed in December displaces two dispensaries, Voortman
said, so "the likelihood of them coming here is pretty good."

That was enough for Mayor Chris Crifasi to call for a temporary moratorium.

"I personally would be in favor of a morator-ium as soon as
possible," Crifasi said. "I don't want to see a dispensary popping up
just because we ignored the situation."

City Attorney Tom Hallinan said he would bring a draft "urgency"
ordinance to the March 13 meeting. It would take affect immediately.
The City Council simultaneously would be asked to make the first of
two votes on a traditional ordinance to do the same thing, but which
would take effect 30 days after the second vote.

On Jan. 10, Turlock passed a 45-day moratorium on dispensaries.
Newman followed suit two weeks ago, making an initial step to pass a
similar ordinance that it is expected to finalize today.

Like those cities, Riverbank is expected to use the moratorium to
wait out pending federal legal cases and to discuss a potential
long-term ban or other approach.For example, Ripon, Elk Grove and
Citrus Heights set aside areas where marijuana dispensaries would and
would not be allowed to operate.

During the regular session, the council voted 3-0 for an ordinance
that would regulate massage businesses, schools and practitioners.

Council members Sandra Benitez and Virginia Madueno were absent.
Nobody from the public spoke for or against the ordinance.

If it passes a final vote March 13, the massage and body-work
establishment ordinances will take effect in 30 days, requiring
businesses and practitioners to undergo background checks, acquire a
permit and operate only at fixed businesses with limited exception.
Existing businesses would have 180 days from then to comply.

Among the requirements:

Practitioners would have to be at least 18 years old.

Hold a diploma or certificate of graduation from a recognized massage school.

Receive a certificate from a physician stating they have no
contagious, infectious or communicable diseases.

Establishments must keep adaily register of all patrons' names,
addresses and times of arrival.

The city could refuse to issue a permit to anyone who has ever been
licensed as a prostitute in any state.

The city also could refuse to allow the business based on an
applicant's criminal history or in a neighborhood or district it
finds unsuitable for massage. It could revoke the permit for code violations.

The ordinance doesn't apply to doctors, chiropractors, physical
therapists, nurses or statelicensed health care facilities or to
barbers, beauticians, cosmetologists or reflexologists doing certain
types of massage as part of their regular business.

Violating the ordinance would be a misdemeanor punishable by a fine
of up to $1,000 and six months in jail, but the city could
alternatively decide to file a civil case instead, according to the ordinance.

In other business, residents of Quail Meadows mobile-home park asked
the city to intervene in rent hikes at the park.

During the public comment portion of the session, Bert Cook, 65, said
he pays a $620monthly mortgage on his carriage and his rent, $395
when he moved in 2001, is now $584, and he expects to be hit with a
$100 increase July 1.

He suggested the city consider taking over the park by eminent
domain. Since the topic was not a scheduled part of the agenda, the
council couldn't discuss it, and council members did not comment on
Cook's proposal, but Crifasi said the city needs to look at the rent issue.