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No person may engage in any cannabis business within the city, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person meets all of the following requirements:
(A) Possess a valid cannabis business permit from the city;
(B) Possess a valid business license from the city;
(C) Possess a valid State of California Seller's Permit; and
(D) Is currently in compliance with all applicable state and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required state licenses.
(Ord. 1780, passed 6-1-22)
(A) Any person who is an owner of a cannabis business must be legally authorized to do so under applicable state law.
(B) Cannabis business owners shall be required to submit to a criminal background check for themselves. Business owners shall be required to complete a criminal background check prior to issuance or transfer of a cannabis business permit.
(C) The city shall conduct criminal background checks which must, at a minimum, identify the following:
(1) Whether the owner has ever been convicted of a violent felony as defined by California Penal Code 667.5 or equivalent offense in other states;
(2) Whether the owner has ever been convicted of a serious felony, as defined by California Penal Code 1192.7 or equivalent offense in other states;
(3) Whether the owner has ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
(4) Whether the owner has ever been convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code; or
(5) Whether the owner has ever been convicted of a felony involving fraud, deceit, or embezzlement.
(D) Evidence of a conviction of any the offenses enumerated in division (C) of this section shall be grounds for denial or revocation of a cannabis business permit.
(Ord. 1780, passed 6-1-22)
A person is prohibited from holding or maintaining a cannabis business permit if any of the following apply:
(A) The applicant has been denied a cannabis license or permit, or has had a cannabis license or permit suspended or revoked by any city, county, city and county or any other state cannabis licensing authority;
(B) The applicant was notified by the state, county, or city that it was conducting cannabis activity in violation of state law or city ordinances, codes, and requirements, and failed to cure the violation in a timely manner; and
(C) Evidence that the applicant is delinquent in payment of federal, state, or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies.
(Ord. 1780, passed 6-1-22)
This section is intended to create a maximum number and types of cannabis businesses that may be issued permits to operate in the city.
(A) The following cannabis license types are authorized to operate in the City of Indio.
(1) Cannabis storefront retailer.
(2) Cannabis non-storefront retailer.
(B) Cannabis license types not identified in division (A) of this section are prohibited from obtaining a cannabis business permit in the City of Indio.
(C) The number of each type of cannabis business that shall be permitted to operate in the city shall be established by resolution by the City Council.
(D) Notwithstanding division (C) of this section, the total number of allowable cannabis storefront retail permits established by City Council resolution shall be no more than one permit for every 15,000 residents in the City of Indio, and no less than one permit for every 25,000 residents in the City of Indio. The population of the City of Indio shall be based on the official census population estimate, as periodically updated by the U.S. Department of Commerce, Census Bureau.
(E) Each year following the city's initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of cannabis business permits which are authorized for issuance and make any changes by resolution.
(F) The City Council, at its sole discretion, may determine that the number and/or types of cannabis business permits should remain the same or be modified.
(Ord. 1780, passed 6-1-22)
(A) The application procedure guidelines and review criteria, set forth in § 123.13, shall include a component on community benefits.
(B) Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the city's approval, if and when a cannabis business permit is issued. Such terms and conditions shall be in addition to the requirements of this chapter.
(Ord. 1780, passed 6-1-22)
The city reserves the right to reject any or all applications for a cannabis business permit. Prior to permit issuance, the city may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the cannabis business permit program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this chapter, an application may be rejected for any of the following reasons:
(A) The application was received after the designated time and date of the deadline.
(B) The application did not contain the required elements, exhibits, or was not organized in the required format.
(C) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.
(Ord. 1780, passed 6-1-22)
(A) By resolution, the City Council shall adopt procedure guidelines and review criteria for the city's evaluation of cannabis business permit applications and subsequent issuance.
(B) The procedure guidelines shall provide the process for soliciting applications including time frames, limitations, requirements, forms, and rules for completing applications.
(C) The review criteria shall include detailed instructions on the methodology to be used to evaluate applications on a point, or other evaluation system, tied to particular sets of criteria.
(D) The review criteria shall be used to determine which candidates will be eligible to proceed to the final selection process as determined by City Council resolution.
(E) The City Manager shall be authorized to prepare any necessary forms and adopt any necessary rules to implement the procedure guidelines and review criteria.
(F) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council to cover all costs incurred by the city in the application process.
(G) For applicants with ten or more employees, the applicant shall attest that the applicant will enter into a labor peace agreement as defined in Business and Professions Code Section 26001(y) and will abide by the terms of the agreement, and the applicant shall provide a copy thereof to the city. For applicants that have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating that within 30-days of cannabis permit from the city, the applicant will enter into and abide by the labor peace agreement.
(Ord. 1780, passed 6-1-22)
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