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A. No permittee shall change the premises of a commercial cannabis storefront retailer business specified in the Commercial Cannabis Business Permit until such change of premises is approved by the City Council. All other changes of premises of any commercial cannabis business must be approved by the Permit Administrator.
B. The City Manager shall adopt a process (to include any necessary forms and procedures) for the relocation of any commercial cannabis business. As part of the process, Storefront Retail Permittees proposing to relocate shall give notice to all property owners and occupants located within two thousand five hundred (2,500) feet of the proposed premises.
C. The proposed premises shall meet all the requirements under this Code, including but not limited to this Chapter and Title 17.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. No permittee shall transfer greater than fifty percent (50%) of ownership or control of a commercial cannabis business unless and until the proposed new owner submits all required application materials and pays all applicable fees, and independently meets the requirements of this Chapter such as to be entitled to the issuance of a commercial Cannabis Business Permit.
B. Any changes in ownership or control of greater than fifty percent (50%) of a commercial cannabis storefront retail permittee must be submitted to the City Council for review and approval.
C. No permittee may add a new owner of ten percent (10%) or more ownership interest unless the proposed new owner undergoes and passes a background check as provided for in this Chapter.
D. A permittee may change the form of business entity without applying to the City Council for a new Commercial Cannabis Business Permit, provided that one of the following applies:
1. The ownership of the new business entity is the same as the business entity that was issued the existing Commercial Cannabis Business Permit; or
2. The existing permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the existing permittee entity are the same as the new business entity.
E. Although a new Commercial Cannabis Business Permit is not required in the two circumstances listed in Subsection D. above, the permittee shall notify the City in writing of the change within fifteen (15) days of the change, and obtain an amendment to the existing Commercial Cannabis Business Permit after paying the fee set by resolution of the City Council.
F. The City Manager shall adopt a process (to include any necessary forms and procedures) for the change in ownership of any commercial cannabis business as set forth in this Section.
G. No permittee may avail themselves of the provisions of this Section if the City Manager or Permit Administrator has notified the permittee that the Commercial Cannabis Business Permit has been or may be suspended or revoked, or may not be renewed.
H. Failure to comply with this Section is grounds for revocation of a Commercial Cannabis Business Permit.
I. Any attempt to transfer a Commercial Cannabis Business Permit either directly or indirectly in violation of this Section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the Commercial Cannabis Business Permit.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. A permittee shall advise the City within fifteen (15) calendar days of all changes of name or designation under which the commercial cannabis business is to be conducted. The change of name or designation shall be accompanied by a nonrefundable fee established by resolution of the City Council to defray the costs of amendment to and reissuance of the Commercial Cannabis Business Permit.
B. No permittee shall operate, conduct, manage, engage in, or carry on a commercial cannabis business under any name other than the name of the commercial cannabis business specified in the Commercial Cannabis Business Permit.
C. All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, approved as the premises for a commercial cannabis business. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy.
D. Within fifteen (15) calendar days of any other change in the information provided in the application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business form of ownership or management members, the permittee shall notify the City on a form approved by the City Manager for review along with a permit amendment fee, as adopted by resolution of the City Council.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory inspection of the premises, and must obtain all required building permits and approvals which would otherwise be required for any business of the same size and intensity operating in the zone in which the premises are located. The permittee shall also obtain all required Building Safety Division approvals, Fire Department approvals, County Health Department approvals and any other permit or approval required by this Code or applicable law.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
To the fullest extent permitted by law, the City of Culver City shall not assume any liability whatsoever with respect to having issued a Commercial Cannabis Business Permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any Commercial Cannabis Business Permit, the applicant, owner and permittee shall be required to meet all of the following conditions before a Commercial Cannabis Business Permit is issued:
A. The applicant, owner, and permittee must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's, owner's and permittee's sole cost and expense), and hold harmless the City of Culver City, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the Commercial Cannabis Business Permit, the City's decision to approve the operation of the commercial cannabis business or activity, the process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business applicant, owner, permittee, or any of their officers, managers, employees or agents.
B. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the City Manager and City Attorney.
C. The applicant, owner, and permittee must execute an agreement, in a form approved by the City Attorney, agreeing to reimburse the City of Culver City for all costs and expenses, including but not limited to attorney fees and costs, which the City of Culver City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's, owner's and permittee's Commercial Cannabis Business Permit, or related to the City's approval of the applicant's commercial cannabis activity. The City of Culver City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. No person may commence or continue any commercial cannabis activity in the City, without timely paying in full all fees required for the operation of a commercial cannabis business. Fees associated with the operation of a commercial cannabis business shall be established by resolution of the City Council which may be amended from time to time.
B. All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
C. The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to the City of Culver City that is recoverable in any manner authorized by this Code, state law, or in any court of competent jurisdiction.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
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