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Fairfax Overview
Fairfax, CA Municipal Code of Ordinances
FAIRFAX, CALIFORNIA MUNICIPAL CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION AND PERSONNEL
TITLE 3: REVENUE AND FINANCE
TITLE 4: RESERVED
TITLE 5: BUSINESS TAXES, LICENSES AND REGULATIONS
TITLE 6: ANIMALS
TITLE 7: RESERVED
TITLE 8: HEALTH AND SAFETY
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
TITLE 10: VEHICLES AND TRAFFIC
TITLE 11: RESERVED
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13: PUBLIC SERVICES
TITLE 14: RESERVED
TITLE 15: BUILDINGS AND CONSTRUCTION
TITLE 16: SUBDIVISIONS
TITLE 17: ZONING
TITLE 18: DEVELOPMENT AGREEMENTS
TITLE 19: TELECOMMUNICATIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 5.56.040 PERMIT REQUIREMENTS.
   (A)   Any person seeking to establish or operate a medicinal or adult-use cannabis business from a premises located in the town must first obtain and maintain a commercial cannabis business permit in accordance with this chapter prior to establishing and/or operating.
   (B)   Commercial cannabis business permits may be issued to no more than two cannabis retail locations at any one time in the following activity categories, or in any combination thereof:
      (1)   Medical-use only storefront retailer; and/or
      (2)   Delivery-only retailer(s) (non-storefront retailer), which may be medical-use, adult-use or both.
The existing medical marijuana dispensary that has been legally and continually operating as of April 3, 2018 shall be counted as one location. In the event that the existing medical marijuana dispensary ceases to operate in accordance with a legally-issued permit, another a permit may be issued for another operator or location such that at all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the operation of both a medical use storefront retailer and adult-use delivery-only retailer by a single operator.
   (C)   When the number of commercial cannabis business permit locations falls below the limit set forth above, the Town Manager (or his or her designee) shall post a notice of availability that the town will be accepting applications for commercial cannabis business permit(s). The notice shall include the dates during which applications will be accepted, information regarding application requirements and directions, and the contact information for questions. The notice shall be posted on the town' s website and on the three public places in the Town of Fairfax designated for official postings.
(Ord. 835, passed 9-4-2019)
§ 5.56.050 RESERVED.
§ 5.56.060 PERMIT APPLICATION.
   (A)   All applications for a commercial cannabis business permit shall be filed with the Town Manager or designee, using forms provided by the town, within the application period that is established by the Town Manager, and which period may be extended from time to time. It is the responsibility of the applicant to provide a complete application and all information required for approval of the permit. The application shall be made under penalty of perjury. At a minimum, each application shall contain:
      (1)   A complete identification of the applicant including name, address and phone number to which notice of action on the application and correspondence is to be mailed;
      (2)   A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement;
      (3)   Names, residence and business addresses of each and every owner. If one or more owners is a statutory entity or other business form, the name of the entity shall be set forth exactly as shown in its formation and organizing documents together with the names, residence and business addresses of each of the owners and other persons with a financial interest in the entity;
      (4)   The names, residence and business addresses of each and every manager;
      (5)   The name, residence and business address of the owner of the property, who shall indicate in writing his, her or its consent to cannabis business being conducted on the property by signing the application in the space provided;
      (6)   A complete list of every individual who has a financial interest in the commercial cannabis business, who is not an owner, as defined;
      (7)   A site plan, floor plan, and elevations of the property where the business will operate, and indicate whether any exterior building improvements, including façade improvements or exterior signage is proposed. If exterior building improvements or signage is proposed, then compliance with Chapters 17.020 and 17.064 is required, and the applicant shall submit its application for any design review approval and/or sign permits concurrently with the application for the commercial cannabis business permit;
      (8)   An operations plan for the business and the name under which it is to be operated;
      (9)   A traffic study for the proposed location, if a traffic impact permit is required under Chapter 17.056. If required, the applicant shall submit its application for the traffic impact permit concurrently with the application for the commercial cannabis business permit;
      (10)   Evidence of compliance with the California Environmental Quality Act (Cal. Public Resources Code §§21000 et seq.);
      (11)   Whether or not any person referred to in division (A)(1), (3), (4), (5) or (6) has had a license, permit or use permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation;
      (12)   The proposed hours of operation;
      (13)   The applicant's certificates of automobile and general commercial liability insurance coverage and evidence of workers' compensation insurance (if required) related to the operation of the commercial cannabis business;
      (14)   An executed release of liability and indemnity agreement in the form set forth by the town; and
      (15)   Such other related information or documentation consistent with this Code and state law as the Town Manager may require.
The residential addresses required in divisions (A) (3), (4) and (5), as well as the name(s) of managers listed in division (A)(4), shall be kept private and not made available to the public.
   (B)   An application shall be accompanied by an application review fee, as established by resolution of the Town Council from time to time. This application review fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or other charge imposed by this Code or other governmental agencies.
(Ord. 835, passed 9-4-2019)
§ 5.56.070 REVIEW AND ACTION ON APPLICATIONS.
   The processing of new permit applications will include the following phases:
   (A)   Phase 1 — Prescreening and criminal history.
      (1)   Upon close of the application period, town staff shall review each complete application for general compliance with the town's Municipal Code, and shall reject any application which does not meet such requirements or is incomplete. Rejected applications shall not be scored. The town shall also disqualify any application that contains any false or misleading information.
      (2)   All exterior building improvements, including façade improvements and proposed signage, shall be reviewed for conformance with the town's zoning and land use standards. If required, the applicant shall apply for any design review approval, traffic impact permit and/or sign permit necessary under Chapters 17.020, 17.056 and/or 17.064 concurrently with the application for the commercial cannabis business permit. The prescreening approval may be conditioned upon the applicant submitting complete application materials for design review, traffic impact and/or sign permits. All applications will be required to comply with environmental review pursuant to the California Environmental Quality Act ("CEQA") (Cal. Public Resources Code §§ 21000 et seq.).
      (3)   Each applicant shall submit to the Chief of Police a recent photograph of the applicant (if an individual), each owner and current or prospective manager. The applicant, owner(s) and manager(s) shall also submit fingerprints pursuant to "Livescan" procedures and pay all costs associated with such submittal. Upon receipt of the Livescan results, the Chief of Police shall review and report if the criminal history of the applicant, owner(s) and manager(s) satisfies the minimum criteria pursuant to § 5.56.080.
      (4)   The applicant prescreening decisions will be made by the Town Manager within 60 days of the close of the application period or receipt of Livescan results, whichever is later. Only applicants who receive approval of the prescreening review may proceed to the next phase of the selection process.
   (B)   Phase 2 — Application scoring.
      (1)   Upon approval of the prescreening review, the Town Manager or designee shall refer the application to the Planning Commission for preliminary scoring of the application(s) and recommendation to the Town Council. A public hearing on a commercial cannabis business permit application(s) may be consolidated with any required hearing for design review approval, traffic impact permit and/or sign permits.
      (2)   The Town Council will issue the final score on the commercial cannabis business permit application, relying only upon the written application itself, any other written town materials generated in connection with the review, and the applicant presentation and representations at the public hearing. The decision of the Town Council will be made at a duly noticed public hearing and may be consolidated with any required hearing for design review approval, traffic impact permit and/or sign permits.
      (3)   The specific scoring criteria, weighting (points per criteria), minimum qualifying scores and any additional application procedures will be determined by resolution of the Town Council prior to the commencement of the application period and posted publically on the town's website.
      (4)   If the number of applicants who receive minimum qualifying scores at Phase 2 exceeds the maximum number of permits available, then applicants will be selected and issued a commercial cannabis business permit based on highest score.
      (5)   Qualified applicants that are not selected will be placed on a qualified applicant list. Applicants placed on the qualified applicant list will be notified when future applications are accepted. A qualified applicant will remain eligible for three years.
   (C)   Issuance of a commercial cannabis business permit does not create a land use entitlement. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, until all of the state and local laws and regulations, including but not limited to the requirements of this chapter and of the permit, have been complied with and the town verifies such compliance. The issuance of a commercial cannabis business permit does not excuse compliance with any other requirement in the Zoning Ordinance or Building Code. Any additional permits required may be obtained after the business permit is issued but before operation.
   (D)   The town reserves the discretion to not grant any applications in the interest of the health, safety, or general welfare of the town.
(Ord. 835, passed 9-4-2019)
§ 5.56.080 MINIMUM CRITERIA FOR ISSUANCE OF A PERMIT.
   (A)   The applicant, each owner, and any existing or prospective manager, must be at least 21 years of age.
   (B)   The applicant, each owner, and any existing or prospective manager, must not have had a similar type of license or permit previously revoked or denied for good cause within the immediately preceding two years prior to the permit application.
   (C)   Neither the applicant, any owner, nor any proposed or prospective manager, shall have been convicted of:
      (1)   Any offense relating to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis-related offenses;
      (2)   Any offense involving the use of force or violence upon the person of another;
      (3)   Any offense involving theft, fraud, dishonesty or deceit;
      (4)   Any offense involving sales of cannabis to a minor or use of a minor to distribute cannabis;
      (5)   Any common law felony.
For purposes of this division (C), a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to any applicable provisions of state law.
(Ord. 835, passed 9-4-2019)
§ 5.56.090 OPERATING REQUIREMENTS.
   (A)   State and local licenses. The permittee shall obtain and maintain a state commercial cannabis license for the equivalent state cannabis commercial activity. The permittee shall obtain and maintain all other required state and local licenses, permits, or approvals as required.
   (B)   MAUCRSA compliance. The permittee shall meet all operating requirements of the MAUCRSA, and any regulations promulgated thereunder.
   (C)   Criminal history. No permittee, its owners, managers, employees, or volunteer workers, shall have been convicted of an offense listed § 5.60.080(C).
   (D)   The permittee shall ensure that its operations conform to the following requirements in addition to the state regulations, which shall include:
      (1)   Signage and notices.
         (a)   All signage shall meet the town Zoning Code's sign requirements.
         (b)   A notice shall be clearly and legibly posted in the business premises indicating that smoking, ingesting or consuming cannabis on the premises is prohibited.
         (c)   Signs on the premises shall not obstruct the entrance or windows in any amount.
         (d)   Address identification shall comply with Fire Department illuminated address signs requirements.
      (2)   Entrances. The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways.
      (3)   Records. A current register of all employees and volunteer workers shall be maintained.
      (4)   Odor control. An odor absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected outside the property lines or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis business.
      (5)   Consumption. Cannabis and cannabis products shall not be consumed (whether eaten, smoked, vaporized, applied or other method of ingestion) on the premises of the cannabis business, including parking areas, or in a delivery vehicle.
      (6)   Operating hours. A permittee may operate between the hours of 9:00 a.m. to 9:00 p.m., up to seven days a week.
      (7)   Display of permit. Each commercial cannabis business permit shall be prominently displayed at the business premises in a location readily visible to town officials, such as a lobby or entryway, and on any business website or advertisement.
      (8)   Contact person. A permittee shall provide the town with the name and phone number of an on-site community relations staff person or designee to whom one can provide notice if there are operating concerns. The permittee shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating concerns before any calls or complaints are made to the town.
      (9)   State license application. The permittee shall submit to the Planning Department within seven days of submission to the state cannabis licensing authority, a copy of any state commercial cannabis license application, renewal application and/or any business modification request or notification submitted to the state licensing authority (for retail, the Bureau of Cannabis Control) related to the permitted business.
      (10)   Inspections. The Fairfax Code Enforcement and Police Department shall have the right, without warrant, to inspect the premises for which the permit was obtained on the following conditions:
         (a)   The scope of the inspection is limited to determining compliance with this chapter;
         (b)   The inspection shall be conducted not more often than once every six months, except in the event of a complaint by a member of the public;
         (c)   The inspection shall be conducted during regular business hours; and
         (d)   The inspection shall be conducted at a time and in a manner that will minimize business interruption.
      (11)   State and local law compliance. The permittee shall comply with all state and local laws, rules and regulations, including payment of all applicable fees and taxes and payment of any future-adopted cannabis taxes.
      (12)   Notification of state and local law violations. A permittee shall immediately report to the Chief of Police any of the following:
         (a)   Arrests of any employees, directors, managers, owners or volunteer workers for an offense other than a misdemeanor traffic offense.
         (b)   Any disciplinary action taken by a state licensing authority regarding the permittee's state commercial cannabis license and submit a copy of any notice or order.
         (c)   The occurrence of any event that constitutes a violation of this chapter or state law related to the conduct of the commercial cannabis business.
      (13)   The permittee shall be responsible for all violations of this chapter and MAUCRSA or its implementing regulations, whether committed by the permittee, its owners, or any employee, volunteer worker, director, manager or other agent of the permittee, for violations that occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence.
(Ord. 835, passed 9-4-2019)
§ 5.56.100 TERM OF PERMIT AND RENEWAL PROCEDURE.
   (A)   Permits issued under this chapter shall be valid for 24 months from the date of issuance. The permit may be renewed annually.
   (B)   Permits may be renewed by the Town Manager unless the permit is suspended or revoked in accordance with the provisions of this chapter or if the application for renewal fails to comply with the provisions of this chapter.
   (C)   Applications for renewal shall be made at least 90 days before the expiration date of the permit and shall be accompanied by the nonrefundable application review fee. Applications for renewal shall be acted upon by the Town Manager and the Town Manager shall notify the permittee within 60 days of his or her decision. Applications for renewal made less than 90 days before the annual expiration date shall not stay the expiration date of the permit.
   (D)   A permittee shall be responsible for paying an annual permit fee, as established by resolution of the Town Council from time to time. This deposit shall cover the full cost borne by the town to administer the permit program and all responsibilities established in this chapter.
(Ord. 835, passed 9-4-2019)
§ 5.56.110 PERMIT SUSPENSION AND REVOCATION.
   (A)   The Town Manager may suspend or revoke a commercial cannabis business permit if any of the conditions identified in this section exist. On determining that grounds for permit suspension or revocation exist, the Town Manager shall serve the permittee with written notice of the proposed suspension or revocation. The notice shall state the ground or grounds upon which the decision is based, the effective date of the decision, the right of the permittee to appeal the decision to the Town Council, and that the Town Manager's decision will be final if no written appeal is timely submitted to the town in accordance with § 5.56.140. The notice is effective within 15 days from the date of service of the notice. If an appeal is timely and properly filed, then the effective date of the notice is stayed.
   (B)   A permittee is subject to suspension or revocation of the permit, or subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, volunteer worker, agent, owner, director or manager of a commercial cannabis business:
      (1)   The permittee has made a false, misleading or fraudulent statement or omission of facts in the application for a permit, or in any report or record required to be filed with the city.
      (2)   The commercial cannabis business has been operated as a nuisance, as defined in Fairfax Municipal Code or as defined in state law.
      (3)   A violation of any provision of this chapter, or any other provision of the Municipal Code.
      (4)   There has been one or more violations of state law, including but not limited to violations of MAUCRSA or its implementing regulations.
   (C)   Upon revocation, no new permit may be issued for the applicant or any other business entity in which the applicant is a partner or owner of ten percent or more of the business for a period of five years from the date of revocation.
(Ord. 835, passed 9-4-2019)
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