§ 5.148.060. Commercial Cannabis Activity License Application requirements.  


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  • (a)

    Each Application shall be filed with the Department on the form provided and in the manner required by the Department. The Department, the County Division of Environmental Health, and the County Department of Agriculture/Weights and Measures, shall be responsible for administering the Application process as set forth in this chapter.

    (b)

    In all cases, the Application shall contain, without limitation, the following information which Applicant shall certify under penalty of perjury is true and correct:

    1.

    The name of the Applicant. For Applicants who are individuals, the Applicant shall provide both the first and last name of the individual. For Applicants who are business entities, the Applicant shall provide the legal business name of the Applicant and, if applicable, the business trade name ("DBA") of the Applicant. In either case, a single individual who shall act as the primary contact shall be identified by the Applicant.

    2.

    The commercial Cannabis Activity type the Applicant is applying for, including whether the proposed License will involve medical and/or non-medical commercial Cannabis Activity.

    3.

    A list of all State Licenses and any out-of-state or other local Licenses, permits, or authorizations to conduct commercial Cannabis Activity held by the Applicant, including the date the License was issued, the License number, and the licensing authority that issued the License, permit, or other authorization.

    4.

    Whether the Applicant has ever been denied the right to conduct commercial Cannabis Activity by the Department, State, or any other Cannabis Licensing Authority, including other licensing authorities within the State or in other states. The Applicant shall provide the type of License applied for, the name of the licensing authority that denied the Application, and the date of denial.

    5.

    The physical address(es) of the Premises and the parcel number(s) assigned to the Premises by the assessor. The address of record for the Applicant. The telephone number for the Premises. The website address of the Applicant's business, if applicable. The email address for the Applicant's business, if applicable. Contact information for the Applicant's designated primary contact person including the name, title, address, phone number, and email address of the individual. Contact information for the designated agent for service of process including the name, title, address, phone number, and email address of this individual.

    6.

    All Applicants who are business entities shall provide the business organizational structure of the Applicant, for example, partnership, limited liability company (LLC), or corporation. The business-formation documents, which may include but are not limited to articles of incorporation, operating agreements, partnership agreements, and fictitious business name statements. The Applicant shall also provide all documents filed with the State, which may include but are not limited to articles of incorporation, certificates of stock, articles of organization, certificates of limited partnership, and statements of partnership authority.

    7.

    A list of every fictitious business name the Applicant is operating under including the address where the business is located.

    8.

    The Applicant shall supply the following financial information related to the proposed commercial Cannabis Activity:

    i.

    A list of the Applicant's savings, checking, or other accounts maintained by a financial institution the Applicant intends to use in connection with the proposed commercial Cannabis Activity. The Applicant shall provide for each account, the financial institution's name, the financial institution's address, account type, and account number;

    ii.

    A list of loans made to the Applicant for its use in conducting the proposed commercial Cannabis Activity. For each loan, the Applicant shall provide the amount of the loan, the date of the loan, term(s) of the loan, security provided for the loan, and the name, address, and phone number of the lender;

    iii.

    A list of investments made to the Applicant for its use in conducting the proposed commercial Cannabis Activity. For each investment, the Applicant shall provide the amount of the investment, the date of the investment, term(s) of the investment, and the name, address, and phone number of the investor; and

    iv.

    A list of all gifts of any kind given to the Applicant for its use in conducting the proposed commercial Cannabis Activity. For each gift, the Applicant shall provide the value of the gift or description of the gift, and the name, address, and phone number of the provider of the gift.

    9.

    A complete list of every owner. Each individual named on this list shall submit the following information: the full name of the owner; the owner's title within the Applicant entity; the owner's date of birth and place of birth; the owner's social security number or individual taxpayer identification number; the owner's home address; the owner's telephone number. This may include a number for the owner's home, business, or mobile telephone; the owner's email address; the date the owner acquired an ownership interest in the Applicant entity; the percentage of the ownership interest held in the Applicant entity by the owner; if applicable, the number of shares in the Applicant entity that the owner holds; whether the owner has a financial interest in any other business in the State. For purposes of this section "financial interest" means an investment into a business, a loan provided to a business, or any other equity interest in a business; a copy of the owner's government issued identification; acceptable forms of identification are a document issued by a federal, state, county, or municipal government that includes the name, date of birth, physical description, and picture of the person, such as a driver License; and a copy of the owner's completed Application for electronic fingerprint images submitted to the Department of Justice as required by California Business and Professions Code Section 26051.5(a) for a State License or, if the owner has not completed such Application, then the owner shall submit fingerprints and other necessary information for a criminal background check to be conducted by the Department and/or a third-party authorized by the Department to perform background checks. All individual personal information provided by the Applicant, other than the name of the individual, will be protected from public disclosure unless otherwise required by law.

    10.

    Evidence that the Applicant has the legal right to occupy and use the proposed Premises that complies with the requirements of the Department and the State. If the Applicant is not the landowner of the property upon which the Premises is located, the Applicant shall provide to the Department a document from the landowner that states that the Applicant has the right to occupy the property and acknowledging the Applicant may use the property for the commercial Cannabis Activity for which the Applicant is applying. An Applicant shall also provide a copy of the rental agreement, as applicable. If the Applicant is the landowner of the property on which the Premises is located, the Applicant shall provide to the Department a copy of the title or deed to the property. The Applicant shall provide evidence that the proposed location meets all State and County land use and zoning requirements.

    11.

    The Applicant shall submit to the Department with his or her Application a complete and detailed site plan of the proposed Premises, along with detailed plans showing the proposed location of all Cannabis related activities, employee parking areas, all proposed improvements, and any other information determined by the Department to be necessary for the review of the Application. The plans must be to scale and must comply with all State rules, laws, and regulations regarding Premises diagrams. If the proposed Premises consist of only a portion of a property, the plans must be labeled indicating which part of the property is the proposed Premises and how the remaining property is/will be used. The Applicant must provide evidence that the Premises complies with all setback requirements set forth in this chapter.

    12.

    The Applicant must submit to a pre-inspection of the Premises during regular business hours prior to the issuance of a License. Pre-inspections may include, without limitation, access by employees or agents of the following: the Department; County Code Compliance; County Division of Environmental Health; the applicable Fire Protection Agency; the County Sheriff's Office; the County Department of Agriculture/Weights and Measures; and the County Health System.

    13.

    Prior to Application processing, the Premises shall be free of any violations of State and local standards, including, without limitation, County building standards, County land use requirements, County zoning requirements, County health and safety standards, and applicable fire standards, unless Applicant submits a plan to resolve any such violations to the satisfaction of the County Community Development Director.

    14.

    The Applicant must provide a detailed description and plan for hiring local residents and affirm that Applicant will comply with all applicable federal, state, and local wage and labor requirements.

    15.

    The Applicant must submit a staffing plan for the proposed commercial Cannabis Activity, an organizational chart that outlines the position and responsibilities of each employee, as well as the reporting or supervisory structure for each employee. The Applicant shall also provide written proof (i.e., California driver's License, California identification card, or certified copy of birth certificate) that all supervisors and employees are twenty-one (21) years of age or older.

    16.

    For an Applicant with twenty (20) or more employees, the Applicant shall attest that the Applicant has entered into a labor peace agreement, as required by California Business and Professions Code Section 26051.5(a)(5). Such agreement shall ensure full access for labor representatives to the Premises during regular business hours as allowed by the State.

    17.

    If the Applicant has not yet received a State License, the Applicant shall attest that the Applicant intends to apply for a State License and agrees to submit documentation of the State License to the Department upon issuance. If the Applicant has already received a State License, the Applicant shall provide a copy of such State License(s). The authority to conduct any Commercial Cannabis Activity pursuant to a County License is explicitly conditioned upon Applicant's receipt of a valid State License.

    18.

    The Applicant shall provide a valid seller's permit number issued by the State and evidence that Applicant has complied with all other State registration requirements for tax purposes. If the Applicant has not yet received a seller's permit from the State, the Applicant shall attest that the Applicant is currently applying for a seller's permit and provide adequate documentation to the Department demonstrating such Application is currently pending. However, a valid State seller's permit is required to receive a License.

    19.

    The Applicant shall provide proof that Applicant has complied with all State insurance requirements and proof that the Applicant has obtained a surety bond in the amount of not less than thirty-five thousand dollars ($35,000.00) payable to the Department to ensure payment for the costs of confiscation, storage, clean-up or abatement of any wastes, including regulatory oversight costs, and/or destruction of Cannabis when such costs are necessitated by a violation of this chapter or other applicable federal, State, or local law. The surety bond shall be issued by a corporate surety Licensed by the State, is in addition to any such bond required by the State, and must be maintained at all times a valid License exists and for an additional six (6) months after a License has been revoked.

    20.

    The Applicant shall submit a security plan for review and approval by the Department. The approved plan will be maintained by the Department and be made available to other County departments for the purposes of verification and inspections. At a minimum, the security plan will include: a description of the Applicant's video surveillance system, including camera placement and practices for the maintenance of video surveillance equipment; a description of how the Applicant will ensure that all access points to the Premises will be secured, including the use of security personnel; and a description of the Applicant's security alarm system. The installation of security apparatus shall comply with all relevant permitting requirements, and shall not be installed until such permits are obtained.

    21.

    The Applicant shall provide a detailed improvement and operations plan that demonstrates adequate compliance with the all requirements of this chapter, as determined in the discretion of the Community Development Director or his designee. The submitted plan shall, include, at a minimum, the information required by Sections 5.148.130 through 5.148.160 and summarized below:

    i.

    Proposed hours of operation;

    ii.

    Proposed improvement plan, identifying all the changes and improvements that will be made to the Premises, including without limitation changes to: site ingress and access; electrical, water, wastewater, storm water, parking and other infrastructure/facilities;

    iii.

    Employee parking and transportation plan;

    iv.

    Fire prevention plan;

    v.

    Lighting and security plan;

    vi.

    Waste disposal plan;

    vii.

    Water management plan, including the proposed water supply, proposed conservation measures, and waste water discharge measures;

    viii.

    Access restriction procedures, including measures ensuring that minors will not have access to Cannabis;

    ix.

    Record keeping policy;

    x.

    Track and trace measures;

    xi.

    Odor prevention and ventilation measures;

    xii.

    Energy usage plan;

    xiii.

    Size, height, colors, and design of any proposed signage at the Premises;

    xiv.

    A pest-management plan, if applicable; and

    xv.

    Such other information as the Community Development Director determines is necessary to ensure compliance with State law and this chapter.

    22.

    The Applicant shall execute an indemnification agreement, in the form provided by the Department, in which the Applicant agrees to defend, indemnify, and hold harmless the County from any claim, action, or proceeding relating to the issuance, administration, enforcement of, or activities allowed pursuant to the commercial Cannabis License issued to the Applicant.

    23.

    The Applicant shall attest that no owner is a Licensed retailer of alcoholic beverages or tobacco products.

    (c)

    Referral of Application. The Department shall forward a copy of the Application to the following departments and agencies: the applicable Fire Protection Agency; the applicable water district(s); the County Sheriff's Office; and the County Tax Collector.

    (d)

    An Application shall not be deemed complete until all required Application fees have been paid, and all comments submitted to Department have been addressed to the satisfaction of the Community Development Director.

(Ord. No. 04797, § 2, 3-13-2018; Ord. No. 04807, § 3, 11-13-2018)