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(A) Permit required. No person shall establish or operate a commercial cannabis business or engage in commercial cannabis activity within the city unless such business or activity is currently in compliance with all applicable state and local laws, rules and regulations and that person has:
(1) A valid city business license to conduct such business or activity;
(2) A valid commercial cannabis permit issued by the city pursuant to this chapter to conduct such business or activity;
(3) A valid state license authorizing such business or activity in the city;
(4) A valid commercial cannabis operational agreement with the city to conduct such business or activity; and
(5) A valid certificate of occupancy issued by the city's building division to the applicant or permittee to conduct the commercial cannabis business or commercial cannabis activity at the premises identified in the commercial cannabis permit.
(B) Separate permits required. A separate commercial cannabis permit shall be required for each type of commercial cannabis business listed in § 5.36.060(A) whether conducted in or engaged on the same premises or on different premises.
(Ord. 3321 § 3, 2020)
(A) Maximum number. The maximum number of commercial cannabis permits for each type of commercial cannabis business that are available for issuance within the city shall be as follows:
(1) Storefront retailer and/or storefront retail microbusiness:
(a) The maximum shall be calculated using a formula of one storefront retailer and/or storefront retail microbusiness per 15,000 city residents, as determined by the California Department of Finance and set forth in the E-1 report, rounded-up to the next whole number, or as established by City Council resolution pursuant to § 5.36.060(E) ("Storefront Maximum Number"). As of the date of adoption of the ordinance establishing this section in 2020, the storefront maximum number is 12.
(b) Notwithstanding (a) above, when considering applicants for provisional approval, as described in the rules and regulations adopted pursuant to § 5.36.040(A)(1), if there is a tie in the merit based review score given to the two or more applicants that could receive the permit representing the storefront maximum number ("tied applicants"), then the storefront maximum number shall be increased to accommodate all such tied applicants. For example, since the current storefront maximum number is 12, if there is a tie between two applicants who could both receive the 12th provisional approval, then those two applicants shall both be considered for provisional approval. If there is a tie between 3 applicants who could both receive the 12th provisional approval, then those three applicants shall be considered for provisional approval. All applicants that receive provisional approval shall have the opportunity to obtain final approval.
(c) Notwithstanding (b) above, in no event shall applicants with a merit-based review score lower than tied applicants be considered for provisional approval, unless the total number of applicants granted provisional and/or final approval drops below the storefront maximum number. Accordingly, in the event any of the applicants who are granted provisional approval are denied final approval or otherwise fail to obtain final approval for any reason, or in the event that any applicant granted final approval has its permit revoked or forfeited for any reason, as further provided in Chapter 5.36 or the rules and regulations adopted pursuant to § 5.36.040(A)(l), the storefront maximum number shall not be increased to accommodate any applicants who are not tied applicants.
(2) Non-storefront retailer: No numerical limit.
(3) Manufacturer: No numerical limit.
(4) Distribution: No numerical limit.
(5) Testing laboratory: No numerical limit.
(6) Non-storefront retail microbusiness: No numerical limit.
(B) No other commercial cannabis businesses permitted. A commercial cannabis permit shall not be issued for any type of business involving a commercial cannabis activity other than those identified in subsection (A) above.
(C) Multiple retail locations prohibited. A retail commercial cannabis business shall not be permitted to operate at multiple locations in the city. A commercial cannabis permit shall not be issued for a retail commercial cannabis business to any person who is the owner of, or has a financial interest in, another retail commercial cannabis business that is operating in the city or that has obtained a commercial cannabis permit to operate a retail commercial cannabis business in the city. Notwithstanding the foregoing, if the maximum number of commercial cannabis permits authorized by subsection (A) above have not been issued by January 1, 2023, this subsection's prohibition on permitting any person who is the owner of, or has a financial interest in, a retail commercial cannabis business from obtaining a commercial cannabis permit for another retail commercial cannabis business within the city shall no longer apply.
(D) Increase or decrease of maximum number. The City Council reserves the right at any time to consider whether the city should increase or decrease the maximum number of commercial cannabis permits available for issuance within the city for any or all types of commercial cannabis activities, or to impose a cap on previously uncapped commercial cannabis activities. If the City Council proceeds with a decrease in the total number of commercial cannabis permits for any or all types of commercial cannabis activities within the city, any such action shall include provisions for determining which, if any, existing commercial cannabis permits shall be eliminated and when operations for eliminated commercial cannabis permits shall cease.
(E) Resolution required. The City Council shall increase or decrease the maximum number of commercial cannabis permits available for issuance for any or all commercial cannabis activities by resolution.
(Ord. 3351 § 2, 2022; Ord. 3350 § 3, 2022; Ord. 3321 § 3, 2020)
(A) Storefront retailers and storefront retail microbusinesses. No storefront retailer or storefront retail microbusiness shall be located within a 1,000 foot radius, measured from the public entrance of the retailer, of the exterior boundary of a property containing any of the following that are in existence at the time the initial commercial cannabis permit for the storefront retailer or storefront retail microbusiness is issued:
(1) Public or private school providing instruction in kindergarten or any of grades 1 to 12;
(2) Day care center;
(3) Public or private park located within the city's jurisdictional boundaries; or
(4) Residential zone located within the city's jurisdictional boundaries.
(B) Manufacturers, distributors, testing laboratories, non-storefront retailers and non- storefront retail microbusiness. No manufacturer, distributor, testing laboratory, non-storefront retailer or non-storefront retail microbusiness shall be located within a 600-foot radius, measured from the primary entrance of such commercial cannabis business, of the exterior boundary of a property containing any of the following that are in existence at the time the initial commercial cannabis permit for the manufacturer, distributor, testing laboratory, non-storefront retailer or non-storefront retail microbusiness is issued:
(1) Public or private school providing instruction in kindergarten or any of grades 1 to 12;
(2) Day care center;
(3) Public or private park located within the city's jurisdictional boundaries; or
(4) Residential zone located within the city's jurisdictional boundaries.
(C) All commercial cannabis businesses. No commercial cannabis business shall be located within a 600-foot radius, measured from the public entrance of the commercial cannabis business, of the exterior boundary of a property containing the following that is in existence at the time the initial commercial cannabis permit for the commercial cannabis business is issued:
(1) Youth center.
(D) Freeway excluded. For purposes of measuring the distance between commercial cannabis businesses and the uses described in subsections (A), (B) and (C) above, the measurement shall stop at, and shall not include, State Route 91 and Interstate 15, as applicable, provided that the distance between the commercial cannabis business and the uses described in subsections (A), (B) and (C) above comply with the requirements of the state cannabis laws. Currently, the state cannabis laws prohibit a commercial cannabis business from being located within a 600-foot radius of the uses identified in subsections (A)(1), and (A)(2) and (B)(1) and (B)(2) above.
(Ord. 3327 § 4, 2021; Ord. 3321 § 3, 2020)
(A) Adoption.
(1) City Council. Within the rules and regulations for permitting commercial cannabis businesses provided for in § 5.36.040, the City Council shall include procedures to govern the application process and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis permit(s). For purposes of applications for storefront retailers and storefront retail microbusinesses, such procedures shall include detailed objective review criteria and a point system or equivalent evaluation scale tied to each set of review criteria.
(2) City Manager. As provided for in § 5.36.040, the City Manager shall be authorized to take any of the following actions, so long as they are consistent with the terms of this chapter and any rules and regulations adopted by the City Council: (a) prepare any necessary forms; (b) adopt any necessary rules, regulations, standards, policies and other requirements regarding applications; (c) solicit applications; (d) oversee the evaluation of the applicants; and (e) adopt any other rules, regulations, standards, policies and other requirements determined to be necessary to carry out the purposes of this chapter or any rules and regulations adopted by the City Council.
(B) Payment of application fee. At the time of filing, each applicant shall pay an application fee established by resolution of the City Council.
(C) Rejection of applications. Applications may be rejected due to untimely submission, failure to provide the required information or documentation, not being fully responsive to the requirements of the application process or the inclusion of any false, misleading or fraudulent statement in or the omission of any pertinent fact from the application or during the application process.
(Ord. 3321 § 3, 2020)
(A) Grounds for denial. An application for a commercial cannabis permit shall be denied if one or more of the following conditions exist:
(1) The applicant has not paid all fees required pursuant to this chapter.
(2) The application is incomplete, filed late, or is otherwise not responsive to the requirements of this chapter.
(3) The application contains a false or misleading statement or omission of a material fact.
(4) The applicant or any owner, officer or manager is not at least 21 years old.
(5) The applicant or any owner, officer or manager has unpaid and overdue administrative penalties imposed for violations of the Corona Municipal Code.
(6) The applicant or any owner, officer or manager has an unpaid civil judgment imposed for violation(s) of the Corona Municipal Code.
(7) The applicant or any owner, officer or manager has been convicted of any of the following charges:
(a) Any felony offense within the past ten years;
(b) A crime involving use of money to engage in criminal activity within the past ten years;
(c) Unlawful possession or use of a firearm within the past ten years; or
(d) Drug-related misdemeanor (other than cannabis) within the past three years.
(8) The applicant or any owner, officer or manager is on probation or parole for the sale of drugs (other than cannabis).
(9) The premises or the operation of the applicant's commercial cannabis business, as described in its application, would fail to comply with any provision of the Corona Municipal Code, or any state law or regulation.
(Ord. 3321 § 3, 2020)
(A) No physical modifications without approval. No permittee shall, without the prior written approval of the city, make a physical change, alteration, or modification to the premises that materially or substantially alters the premises or the use of the premises from the premises diagram and floorplan originally filed with the application for a commercial cannabis permit.
(B) Request for premises modification. A permittee who proposes to materially or substantially change, alter or modify the premises shall submit a request for premises modification to the city on a form issued or approved by the City Manager. The request for premises modification shall include a new premises diagram and floorplan that depicts the proposed changes, alterations or modifications to the premises and any other documentation requested by the city to evaluate the permittee's request. At the time of filing the request for premises modification, the permittee shall pay a fee in an amount established by resolution of the City Council.
(C) Material or substantial modifications. For purposes of this section, the following changes, alterations, or modifications to the premises shall be considered material or substantial:
(1) The removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the premises;
(2) The removal, creation, or relocation of a wall or barrier;
(3) Changing the activities conducted in or the use of an area identified in the last premises diagram provided to and approved by the city; or
(4) Changes or alterations that violate any applicable provision of this code, the California Building Code or the California Fire Code.
(D) Building permits. Notwithstanding anything in this chapter to the contrary, a physical change, alteration, or modification to the premises shall be subject to all other requirements of this code, including, but not limited to the building permit requirements.
(Ord. 3321 § 3, 2020)
A commercial cannabis permit issued pursuant to this chapter shall expire one year after the date of issuance. No permit issued pursuant to this chapter shall confer any vested right to any person or business for more than the permit period. Commercial cannabis permits may be renewed pursuant to § 5.36.120.
(Ord. 3321 § 3, 2020)
(A) Renewal application. An application for renewal of a commercial cannabis permit shall be filed with the City Manager's office at least 60 days prior to the expiration date of the current commercial cannabis permit.
(B) Payment of fees. At the time of filing the application for renewal, the applicant shall pay a fee in an amount established by resolution of the City Council. Any applicant submitting an application less than 60 days before its expiration shall be required to pay a late renewal application fee, as established by resolution of the City Council.
(C) Application form. The application for renewal shall be submitted on a form issued or approved by the City Manager and shall contain all the information required for a new application for a commercial cannabis permit.
(D) Denial of renewal application. An application for renewal of a commercial cannabis permit may be denied if any of the following grounds exists:
(1) Any of the grounds for suspension or revocation under § 5.36.130.
(2) The commercial cannabis permit has been suspended or revoked at the time of the application for renewal.
(3) The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.
(4) The permittee fails to or is unable to renew its state license.
(5) The permittee has made a false, misleading or fraudulent statement or omission of fact as to any information provided to city pursuant to this chapter.
(E) City Manager authority. The City Manager is authorized to make all decisions concerning the renewal of a commercial cannabis permit. In making the decision, the City Manager is authorized to impose additional conditions on the commercial cannabis permit if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare.
(F) Service of decision on permittee. The City Manager shall, either personally or by first class mail addressed to the address listed on the renewal application, serve the permittee with dated written notice of the City Manager's decision to approve or deny the renewal, and the right of the permittee to appeal the decision pursuant to Chapter 1.09 of this code.
(G) Validity of permit pending City Manager decision. If a permittee submits the required renewal application, but a written approval from the city has not been received prior to the expiration of the commercial cannabis permit, such permit shall be deemed conditionally renewed until service of the City Manager's written decision on the renewal application.
(H) Appeal right. The City Manager's decision on a renewal application may be appealed pursuant to Chapter 1.09 of this code.
(I) Effect of denial. If a renewal application is denied, the commercial cannabis permit shall no longer be effective and all related commercial cannabis activity must cease on or prior to the expiration date of the original commercial cannabis permit. A person denied a renewal of a commercial cannabis permit may file a new application pursuant to this chapter no sooner than one year from the date of the denial.
(Ord. 3321 § 3, 2020)
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