SEC. 104.04. DENIAL OF A LICENSE, SUSPENSION OF A LICENSE, OR DISQUALIFICATION.

(a) The following definitions shall apply to this article. Words and phrases not defined herein shall be construed as defined elsewhere in this Code, as required by the context:

1. “Annual License” means a City License issued pursuant to Section 104.06.

2. “Applicant” means a Person applying for a City License pursuant to this article.

3. “Application” means all records, including Pre-Application Records, submitted to DCR by an Applicant or Licensee necessary to request Temporary Approval, an Annual License, an Operating Permit, or to renew a record associated with conduct Commercial Cannabis Activity.

4. “BTRC” means a Business Tax Registration Certificate issued by the City’s Office of Finance.

5. “Business Day” means Monday through Friday from 9:00 a.m. to 4:00 p.m. Pacific Time, excluding City holidays, furlough days, and/or mandated closures.

6. “Business Premises” means the designated structure or structures and land specified in an Application for a License that is owned, leased, or otherwise held under the control of the Applicant or Licensee where the licensed Commercial Cannabis Activity will be or is conducted.

7. “Cannabis” means cannabis as defined in Section 26001 of the California Business and Professions Code, as currently defined or as may be amended.

8. “City” means the City of Los Angeles.

9. “City Council” means the Council of the City of Los Angeles.

10. “Commercial Cannabis Activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of Cannabis or Cannabis products in the City as provided for in Division 10 of the California Business and Professions Code and the California Code of Regulations, as currently defined or as may be amended.

11. “Commission” means the City of Los Angeles Cannabis Regulation Commission, as described in Chapter 31 of Division 22 of the Los Angeles Administrative Code.

12. “Community Plan Area” shall have the same meaning as within Article 1.5, Chapter 1 of the Los Angeles Municipal Code.

13. “Cultivated Area” means the designated area(s) at a Business Premises that will contain mature plants at any point in time.

14. “Cultivation” means cultivation as defined in Section 26001 of the California Business and Professions Code, as currently defined or as may be amended.

15. “DCR” or “Department” means the City of Los Angeles Department of Cannabis Regulation, as described in Chapter 31 of Division 22 of the Los Angeles Administrative Code.

16. “Disproportionately Impacted Area” is defined in Section 104.20 and incorporated herein by reference.

17. “EMMD” means an existing medical marijuana dispensary that is in compliance with all restrictions of Proposition D, notwithstanding those restrictions are or would have been repealed, including, but not limited to, either possessing a 2017 L050 BTRC and current with all City-owed business taxes, or received a BTRC in 2007, registered with the City Clerk by November 13, 2007 (in accordance with the requirements under Interim Control Ordinance 179027), received a L050 BTRC in 2015 or 2016 and submits payment for all City-owed business taxes before the License application is deemed complete. For purposes of this subsection only, an EMMD that has entered into a payment plan with the City’s Office of Finance pursuant to LAMC Section 21.18 to pay all outstanding City-owed business taxes is deemed current on all City-owed business taxes and is deemed to have submitted payment for all City-owed business taxes.

18. “Equity Share” is defined in Section 104.20 and incorporated herein by reference.

19. “Final Inspection” is a required inspection of the Business Premises conducted by DCR after the issuance of an Annual License and prior to the issuance of an Operating Permit.

20. “Indirect Owner” means a Person with an ownership interest in an entity that has a direct or indirect ownership interest of at least a 20% aggregate ownership stake or equity interest in an Owner of the Applicant or Licensee, unless the interest is solely a security, lien, profit sharing, or encumbrance. Aggregate means the total ownership interest held individually or through an entity. The amount of indirect ownership in the Applicant or Licensee that is held by any other entity is determined by multiplying the percentage of ownership interest at each level. For example, an individual owning 50% of an entity that owns 50% of a cannabis business would have a 25% aggregate ownership interest in the cannabis business.

21. “Individual” means a natural person. The terms “individual” and “natural person” are used interchangeably throughout this article.

22. “Initial Inspection” is a required inspection of the Business Premises conducted by DCR prior to the issuance of Temporary Approval.

23. “License” means a Temporary Approval or Annual License issued under this article.

24. “Licensee” means any Person holding a License under this article.

25. “Low Income” is defined in Section 104.20 and incorporated herein by reference.

26. “Management Company” means a Person who manages Commercial Cannabis Activity on a Licensee’s behalf, or a Person who directs or controls another Person who manages Commercial Cannabis Activity on a Licensee’s behalf. A Management Company does not include an employee of a Licensee or an Owner of a Licensee.

27. “Neighborhood Liaison” means a natural person specifically designated by the Licensee to interact with the community, including, but not limited to, responding to complaints.

28. “Operating Permit” means authorization to conduct Commercial Cannabis Activity issued by DCR to an Annual Licensee at a location approved by DCR.

29. “Owner” means a Person with at least a 20% ownership stake or equity interest in the Applicant or Licensee, unless the interest is solely a security, lien, profit sharing, encumbrance or held through another Person.

30. “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

31. “Primary Personnel” means any of the following: (i) a natural person with at least a 20% aggregate ownership stake or equity interest in the in the Person applying for a License or a Licensee, unless the interest is solely a security, lien, profit sharing, or encumbrance; (ii) a natural person who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to: a chief executive officer, president, vice president, officer, general manager, a member of the board of directors, a general partner, a managing member or a non- member manager, and/or a trustee(s) or persons who have control of the trust; (ii) if the Applicant or Licensee is owned in whole or in part by an entity and the entity includes natural persons who manage, direct, or control the operations of the Applicant or Licensee, those natural persons shall also be disclosed as Primary Personnel; and (iii) DCR may determine, in its sole discretion on a case-by-case basis, that additional natural persons have the ability to manage, direct, or control the commercial cannabis business and meet the criteria of Primary Personnel.

32. “Proposition D” means the initiative adopted by the voters of the City of Los Angeles on May 21, 2013.

33. “Proposition M Priority Processing Application” or “Proposition M Priority Processing” means an application filed by an EMMD pursuant to the priority processing for EMMD dispensaries as provided by Measure M, adopted by the voters of the City of Los Angeles on March 7, 2017.

34. “Retail Commercial Cannabis Activity” means Commercial Cannabis Activity involving the sales or distribution of Cannabis directly to a consumer.

35. “Rules and Regulations” mean detailed requirements meant to clarify and aid in the administration of this article, which are approved by the City Council or promulgated by DCR.

36. “Social Equity Applicant” means the Person applying for a City License subject to Section 104.20.

37. “Social Equity Individual Applicant” is a natural person who meets the individual eligibility criteria defined in Section 104.20.

38. “State License” means a license issued by the State of California, including a State-issued provisional or annual license.

39. “Temporary Approval” means a City License issued pursuant to Section 104.05.

40. “Undue Concentration” means the Applicant’s Business Premises is located within a higher cannabis License / population ratio within the community plan based on the American Community Survey, updated annually, than the following: ratio of one License per 10,000 residents for Storefront Retailer (Type 10); ratio of one License per 7,500 residents for Microbusiness (Type 12); a maximum aggregate number of 15 Licenses at a ratio of one License for every 2,500 square feet of allowable cultivated area for Cultivation (Types 1A, 1C, 2A, 3A, and 5A); and ratio of one License per 7,500 residents for Manufacture (Type 7). An EMMD is not subject to a finding of Undue Concentration. An Applicant eligible for processing under Section 104.08 is not subject to a finding of Undue Concentration. A Microbusiness involved in on-site retail counts towards the Undue Concentration License limits applied to Storefront Retailer (Type 10) Licenses. A Microbusiness involved in Cultivation counts towards the Undue Concentration limits applied to Cultivation Licenses (Types 1A, 1C, 2A, 3A, and 5A).

41. “Unlawful Establishment” means any Person engaged in Commercial Cannabis Activity if the Person does not have a City-issued Temporary Approval or Operating Permit.

SEC. 104.02. LICENSE REQUIRED.

(Added by Ord. No. 185,343, Eff. 12/19/17.)

(a) A License is required for any of the following Commercial Cannabis Activity and shall be issued as A (Adult) and/or M (Medical) categories: (Amended by Ord. No. 185,608, Eff. 7/23/18.)

1. RETAILER COMMERCIAL CANNABIS ACTIVITY - Type 10 - Retailer; Type 9 - Non- Storefront Retailer as currently defined or amended by the State of California.

2. A Person may not hold more than three Type 10 Licenses. A Person with an aggregate ownership or profit-sharing interest of 20 percent or more in the Person applying for a License may not hold more than three Type 10 Licenses, unless the interest is solely a security, lien, or encumbrance. (Amended by Ord. No. 186,703, Eff. 7/10/20.)

3. MICROBUSINESS COMMERCIAL CANNABIS ACTIVITY - Type 12 - Microbusiness as currently defined or amended by the State of California.

4. INDOOR COMMERCIAL CANNABIS CULTIVATION ACTIVITY - Type 1 through Type 5 as defined herein; Type 1A - Cultivation, Specialty Indoor, Small; Type 2A - Cultivation, Indoor Small; Type 3A - Cultivation; Indoor, Medium; Type 4 - Cultivation, Nursery (limited to indoor cultivation); and Type 5A - Cultivation, Indoor, Large; Type 1C - Specialty Cottage Small (limited to indoor cultivation); Processor as currently defined or amended by the State of California.

5. A Person shall not hold more than three Type 3A Medium - Indoor Cultivation Licenses or any combination of cultivation license types where the aggregate allowable cultivation area would exceed 1.5 acres. A Person with an aggregate ownership or profit sharing interest of 20 percent or more in the Person applying for a License may not hold more than three Type 3A Medium - Indoor Cultivation Licenses or any combination of cultivation license types where the aggregate allowable cultivation area would exceed 1.5 acres. This provision does not apply to applications submitted prior to the effective date of this ordinance provided that any changes or modifications to the license do not exceed the total allowable aggregate cultivation area or the number of allowable cultivation licenses held by a Person. (Amended by Ord. No. 186,703, Eff. 7/10/20.)

6. MANUFACTURE COMMERCIAL CANNABIS ACTIVITY

(i) Type 6 - Manufacturer 1 as currently defined or amended by the State of California.

(ii) Type 7 - Manufacturer 2 as currently defined or amended by the State of California.

(iii) Type N - Infusion.

(iv) Type P - Packaging.

(v) Type S - Shared-use facility. (Added by Ord. No. 185,629, Eff. 7/2/18.)

7. TESTING COMMERCIAL CANNABIS ACTIVITY - Type 8 - Testing Laboratory as currently defined or amended by the State of California

8. DISTRIBUTOR COMMERCIAL CANNABIS ACTIVITY - Type 11- Distributor as currently defined or amended by the State of California.

9. OTHER COMMERCIAL CANNABIS ACTIVITY - Any Commercial Cannabis Activity which requires a State of California license as currently defined or amended by the State of California and which is not identified in this article. (Added by Ord. No. 185,629, Eff. 7/2/18.)

SEC. 104.03. APPLICATION PROCEDURE.

(Amended by Ord. No. 187,879, Eff. 6/2/23.)

(a) Application – Pre-Application Record. Prior to filing a Temporary Approval or Annual License Application, an Applicant shall submit a Pre-Application Record through the DCR Licensing Portal, including all information, forms and documents required by the Rules and Regulations, and pay a Pre-Application Review Fee pursuant to Section 104.19, for DCR to determine if the proposed Business Premises location complies with Section 104.04(b). Pre-Application Records that are incomplete shall not be eligible for further processing. If the Pre-Application Record is eligible for further processing, the Applicant shall submit a Temporary Approval Application or Annual License Application through the DCR Licensing Portal, including all required information, forms, and documents, within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Record is eligible for further processing. A Pre-Application Record shall be abandoned pursuant to Section 104.03(f) if a complete Temporary Approval Application or Annual License Application is not timely submitted within one (1) calendar year. DCR may request additional information, forms, or documents from the Applicant at any time during its review of the Pre-Application Record, subject to payment of any additional fees under Section 104.19. If the Applicant fails to provide the additional information, forms or documents in the time allotted by DCR, the Application shall be abandoned. An Applicant whose Business Premises location is ineligible shall not be permitted to amend the Pre- Application Record, but may submit a new Pre-Application Record subject to the payment of applicable fee(s) in Section 104.19.

1. Public Convenience or Necessity (PCN) Process. If the Applicant’s proposed Business Premises is located in a Community Plan Area that has reached Undue Concentration, the Applicant must request that the City Council find that approval of the License Application would serve the public convenience or necessity. Prior to seeking a finding from the City Council, the Applicant shall submit Pre- Application Record and pay a Pre-Application Review Fee pursuant to Section 104.19 for DCR to determine if the proposed Business Premises location complies with Section 104.04(b).

(i) If DCR determines that the Pre- Application Record is not eligible for further processing, the Applicant shall not file a request that the City Council find that approval of the License application would serve the public convenience or necessity and DCR shall not further process the Application. The Applicant may submit a new Pre-Application Record for a new proposed location, subject to the payment of fees under Section 104.19.

(ii) If DCR determines the Pre-Application Record is eligible for further processing, the Applicant shall file a request, on a form provided by DCR, that the City Council find that approval of the License Application would serve the public convenience or necessity, supported by evidence in the record. The Applicant also shall pay a Public Convenience or Necessity Application Fee pursuant to Section 104.19 within 30 days from the date of invoice issuance. DCR shall transmit the request to the City Clerk within 30 days of the Applicant’s payment of the Public Convenience or Necessity Application Fee. Within 10 days of DCR transmitting an Applicant’s request to the City Clerk, DCR shall provide notice by electronic mail to: (1) the Applicant; (2) the closest Neighborhood Council; (3) the relevant business improvement district, if one exists; and (4) and the City Council Office within which the Business Premises is situated. The notice shall contain the following information: purpose of the notice, name of the Applicant, Application number, Business Premises address, Commercial Cannabis Activities requested, and the Council District and Community Plan Area in which the Business Premises is located. The notice shall also inform interested parties about how to provide DCR with information concerning the Application. DCR shall also post the notice to its website.

(iii) The Applicant shall engage with and seek written input from key stakeholders in the area in which the proposed Business Premises will be located, which at a minimum should include: the relevant area Neighborhood Council; Los Angeles Police Department (LAPD) Division; local chamber of commerce; and at least one substance abuse intervention, prevention and treatment organization within the Community Plan Area. LAPD shall provide the City Council with crime data for the area, and a letter stating LAPD’s position on the application request. DCR shall promulgate standards subject to City Council approval by resolution, which may be amended from time to time.

(iv) If the City Council does not act on the Applicant’s request within 90 days of the City Clerk’s date of receipt, the City Council shall be deemed to have not made the necessary findings to support the public convenience and necessity, the request shall be denied by operation of law, and the Application shall not be processed by DCR. If the City Council finds that approval of the License Application would serve the public convenience or necessity, the Applicant shall pay a Temporary Approval Application Fee pursuant to Section 104.19 within 30 days of the City Council’s action becoming final.

(b) Application Withdrawal. An Applicant may withdraw an Application prior to the City’s approval or denial of the License by submitting the Application Withdrawal Form through the DCR Licensing Portal. An Application shall not be considered withdrawn until DCR has consented to its withdrawal in writing. If eligible, an Applicant may re-apply if an Application is withdrawn or abandoned, but the Applicant must file a new Application. DCR shall not refund any fee for a withdrawn or abandoned Application. Withdrawal shall not, unless consented by DCR, deprive DCR of its authority to institute or continue a proceeding against the Applicant for the denial of the License upon any ground provided by law or to enter an order denying the License upon any such ground.

(c) Modifications. Modifications shall not be made to any record, including an Application, License, or Operating Permit, without prior written approval by DCR in accordance with this subsection. For all modifications, an Applicant or Licensee shall submit a modification request on a form provided by DCR through the DCR Licensing Portal and pay the applicable modification request fee pursuant to Section 104.19 within 30 days of the invoice date. After payment, DCR, in its sole discretion, will approve or deny the request. DCR’s determination is final and not appealable. If requested, the Applicant or Licensee shall submit any additional information, forms or documents that DCR deems necessary to process the request and pay any additional modification fee(s) pursuant to Section 104.19. Modification requests shall not be processed until all required information, forms, documents, and fees have been submitted. DCR may require Licensees to obtain approval for the proposed modification(s) from the State licensing agency or other applicable agency(ies).

1. Modification Documents. DCR shall require the modification information, documents, and/or forms that are described in the Rules and Regulations for each type of modification request.

2. Business Tax Registration Certificate (BTRC). A BTRC does not constitute a permit, license or authorization to conduct Commercial Cannabis Activity. A BTRC signifies that the Person named on the face of the BTRC has fulfilled the requirements of Article 1 of Chapter II of the Los Angeles Municipal Code by registering with the Director of Finance for the purpose of paying business tax for the classification of business for which the BTRC is issued. A BTRC does not authorize a Person to operate an Unlawful Establishment, to conduct any unlawful business, to conduct any lawful business in an illegal manner, or to conduct within the City the business for which this certificate has been issued without strictly complying with all the provisions of this article.

3. Legal Business Entity Record.

(i) Ownership Structure, Owner, and Primary Personnel Changes. Licensees shall not perform changes to a Person’s ownership structure, Owners, Indirect Owners, and/or Primary Personnel without written approval from DCR. Persons formed as corporations, limited partnerships, or limited liability companies shall update their filings with the California Secretary of State prior to submission of the modification request. The Applicant or Licensee shall pay the applicable modification fees pursuant to Section 104.19 , as determined by DCR, and submit the following: (1) a copy of the Statement of Information filed with the Secretary of State, if applicable; (2) a copy of the Amended Articles of Organization or Incorporation, if applicable; (3) Ownership and Financial Interest Holder Disclosure Form for all Persons associated with the BTRC, Applicant, or Licensee; (4) organizational chart showing all Owners and Indirect Owners in any multi-layer business structure; and (5) any additional information or documents DCR deems necessary to consider the request. Persons subject to Section 104.20 also shall provide all business records and agreements necessary to demonstrate compliance with the minimum Equity Share requirements.

(A) All Persons with a financial interest in the Applicant or Licensee shall be disclosed to DCR. This includes all Persons in a multi-layer business structure, as well as the chief financial officer, members of the board of directors, partners, trustees, and all Persons who have control of a trust, and managing members or non-members managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of Owners and Indirect Owners until only individuals remain.

(B) After submitting an application under Section 104.06.1, an Applicant shall not be permitted to modify its Application to remove or replace the individual Owner who is the Social Equity Individual Applicant, as defined in Section 104.20(a) or (b).

(C) If DCR determines that the Application, License or Operating Permit has been sold, leased, lent, or otherwise transferred without DCR approval, DCR may abandon the existing Application and require that a new Application be submitted.

(ii) Legal Entity Name Change. Licensees shall not change the legal entity name under which the Person’s Application, License, or Operating Permit was submitted or issued without written approval from DCR. The legal entity name can be modified provided that the entity or file number registered with the California Secretary of State, and the BTRC issued to the Person, remain the same. DCR may require that the Applicant or Licensee submit the documents to demonstrate that the changes have been filed with the Secretary of State or approved by the State licensing agency.

(iii) Fictitious Business Name Change. Persons who register a Fictitious Business Name (FBN) with the Los Angeles County Registrar must disclose the FBN. A new FBN, or a change to the existing FBN, must be disclosed by submitting a modification request form. Persons shall submit the necessary documents to demonstrate that the changes have been registered with the Los Angeles County Registrar and the City’s Office of Finance.

4. Pre-Application Record. Persons shall not be permitted to modify a Pre-Application Record. Pre- Application Records filed as sole proprietorships may be converted to a different type of legal entity by submitting a new entity on the Temporary Approval or Annual Application information, forms, and documents. The Person identified in the Pre- Application Record may be modified a single time during the application process, after which it may not be further modified and/or amended until a License is issued.

5. Temporary Approval Application. Applicants with pending Temporary Approval Applications may submit only the types of Temporary Approval Application modification requests permitted in the Rules and Regulation. Persons shall not be permitted to sell, lease, lend, or otherwise transfer a Temporary Approval Application.

6. Temporary Approval. Licensees with Temporary Approval may submit only the types of Temporary Approval modification requests listed in Paragraphs (i) - (iii), or as permitted in the Rules and Regulation. Persons shall not be permitted to sell, lease, lend, or otherwise transfer a Temporary Approval. Temporary Approval is not transferable or assignable to another Person unless an Entity Substitution modification request is approved by DCR.

(i) Business Premises Relocation. Licensees shall not relocate Commercial Cannabis Activity without prior written approval by DCR. DCR shall review the relocation request and notify the Licensee if the new proposed Business Premises location complies with Section 104.04(b). If the proposed location complies with Section 104.04(b), Licensees shall: (1) provide a copy of an executed lease or property deed for the new location; (2) provide a landowner acknowledgment that the Licensee has the right to occupy the property for purposes of conducting the Commercial Cannabis Activity associated with the License; (3) provide a Business Premises diagram; and (4) pay the Business Premises Relocation Fee pursuant to Section 104.19. If the relocation is deemed to be a discretionary project under CEQA, compliance with CEQA will follow the procedures in Section 104.06(d).

(A) Licensees authorized to conduct Commercial Cannabis Activities for cultivation (Types 1A, 1C, 2A, 3A, 5A), volatile manufacturing (Type 7), and Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales (Types 10 or 12), may relocate within the same Community Plan Area or to a new Community Plan Area that has not reached Undue Concentration.

(B) Licensees authorized to conduct Commercial Cannabis Activities not identified in Subparagraph (A) may relocate to another location within the City.

(C) Licensees shall meet the Temporary Approval and/or Operating Permit requirements at the new Business Premises before conducting Commercial Cannabis Activity at the new Business Premises. Licensees shall request cancellation of the Temporary Approval issued to the Business Premises from which it seeks to relocate before Temporary Approval or an Operating Permit can be issued for the new Business Premises.

(D) Any Temporary Approval and/or Operating Permit issued for Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales (Types 10 or 12) at the original Business Premises shall expire no later than 180 days from the date the Business Premises Relocation Fee is paid. DCR may grant an extension beyond the initial 180 days by allowing a Licensee to renew, in 90 day increments, a Temporary Approval and/or Operating Permit issued at the prior Business Premises location if it would not prevent DCR from issuing a Temporary Approval and/or Operating Permit to another commercial cannabis business. The original Business Premises for a Licensee approved to relocate shall not be considered for the purposes of distancing requirements under LAMC Section 105.02(a)(1)(B) during the initial 180 day period.

(ii) Physical Modification of Business Premises. Licensees shall not perform interior physical modifications, alterations, additions, or expansions of the Business Premises without written approval from DCR. DCR may require: (1) a copy of an executed lease with proof of a deposit or property deed if the expansion includes additional adjacent units; (2) landowner acknowledgement that the Licensee has the right to occupy the Business Premises; (3) a site plan if the Business Premises diagram has been expanded; (4) any additional documents or information DCR deems necessary to consider the request; and (5) an inspection.

(A) Licensees may increase the cultivation area within the existing Business Premises provided that the resulting cultivation area does not exceed the maximum cultivation area allowed for the license type under which the License was issued.

(iii) Entity Substitutions. A Licensee may submit a request to substitute the entity associated with the License. Licenses may be transferred to a new entity provided a new Application is filed for the new entity, and all required application fees are paid. Any previously-issued License shall be canceled before a License is issued to the new entity. The new entity shall not operate until a new Temporary Approval or Operating Permit has been issued by DCR. An entity substitution request shall include notarized signatures from the Authorized Agent, as defined in DCR’s Rules and Regulations, and, if applicable, the Social Equity Individual Applicant(s). If an Authorized Agent has not been designated, notarized signatures are required from a majority of the Owners that own the Applicant or Licensee entity directly without any intervening entities or Persons. If an Owner is an entity, the CEO or President, or equivalent executive position, may sign on behalf of the entity. If the Application or License is subject to the requirements of Section 104.20, the request shall also include a notarized signature from the Social Equity Individual Applicant(s) associated with the Application or License.

7. Annual License Application. Persons shall not be permitted to sell, lease, lend, or otherwise transfer an Annual License Application. An Applicant may submit only the types of the Annual License Application modification requests permitted in the Rules and Regulation.

8. Annual License. Licenses are not transferable or assignable to another Person unless a request is submitted and approved by DCR. Annual Licensees may submit only the Annual License modification request types permitted in the Rules and Regulation.

9. Operating Permit. Operating Permits are not transferable or assignable to another Person. If a Licensee has been issued an Operating Permit for the Business Premises from which it seeks to relocate, the Licensee shall request cancellation of its Operating Permit at the original Business Premises before an Operating Permit for the new Business Premises may be issued. The Licensee shall meet all Temporary Approval or Operating Permit requirements at the new Business Premises prior to conducting Commercial Cannabis Activity. Any Temporary Approval and/or Operating Permit issued for Storefront Retailer or Microbusiness Commercial Cannabis Activity with on- site sales (Types 10 or 12) at the original Business Premises shall expire no later than 180 days from the date the Business Premises Relocation Fee is paid. DCR may grant an extension beyond the initial 180 days by allowing a Licensee to renew, in 90 day increments, a Temporary Approval and/or Operating Permit issued at the prior Business Premises location if it would not prevent DCR from issuing a Temporary Approval and/or Operating Permit to another commercial cannabis business. The original Business Premises for a Licensee approved to relocate shall not be considered for the purposes of distancing requirements under LAMC Section 105.02(a)(1)(B) during the initial 180-day period.

10. Other Modifications. DCR may consider other modifications on a case-by-case basis. The Applicant or Licensee shall submit a modification request form and pay the required modification fees to Section 104.19.

(d) Calculation of Time. Unless otherwise specified, when the final day for the filing of an application or appeal, or the payment of fees, falls on a Saturday, Sunday or City holiday, the time for filing shall be extended to the close of the next Business Day, and the effective or final date of any action, decision or determination shall be extended by the same amount of time.

(e) Payments. Unless otherwise specified, all payments due under this article may be considered timely paid if enclosed in a properly addressed envelope with sufficient postage, deposited in the mail, and postmarked by the payment deadline. Unless otherwise specified, payments also may be considered timely paid if an Applicant or Licensee schedules and confirms a payment appointment with the Office of Finance by the date of the payment deadline, notwithstanding that the payment appointment may occur after the date of the payment deadline.

(f) Abandonment.

1. An Application or modification request may be deemed abandoned if DCR determines, at any time and in its sole discretion, that:

(i) the Application or modification request is incomplete;

(ii) fee payments required under Section 104.19 are not timely paid;

(iii) the Application is not associated with a Business Premises location that complies with Section 105.02(c) and/or the Applicant submits the Business Premises Surrender Form for the location listed on the Application; or

(iv) required information, forms, or documents have not been provided within the time allotted by DCR.

2. Unless another period of time is specified, all required information, forms and/or documents shall be submitted through the DCR Licensing Portal within 30 days, and all fees shall be paid within 30 days of the date of the invoice issuance. DCR shall not refund fees for an abandoned Application or modification request.

(g) Refiling – Social Equity Applications. The Social Equity Individual Applicant associated with a Social Equity Applicant that has an Application abandoned under Section 104.03(f) after January 1, 2022, or a License that expired under Section 104.12, may refile an Application subject to the requirements of this subsection. Applications abandoned after June 30, 2023, may not be refiled unless the Application was filed pursuant to Sections 104.05(a) or 104.06(a). If more than one Social Equity Individual Applicant is listed on the initial Application or License, the refiled Application shall be submitted by the original Social Equity Applicant entity. An Application abandoned after June 30, 2023 must be refiled as an Annual Application unless the Applicant has an active corresponding State provisional license. The refiling process shall be initiated through the DCR Licensing Portal within three (3) years of the date DCR notifies the Social Equity Applicant by electronic mail that the original Application is abandoned or the License expired.

1. To refile, the Applicant shall submit a new Pre-Application Record pursuant to Section 104.03(a). If DCR determines that the proposed Business Premises location complies with Section 104.04(b), within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Record is eligible for further processing, the Applicant shall submit an Application with all required information, forms, and documents, including all business records and agreements necessary to demonstrate that the Social Equity Individual Applicant(s) owns the minimum Equity Share required under Section 104.20(a)(2). If a Pre-Application Record filed pursuant to this subsection is ineligible, the Applicant shall be permitted to submit a new Pre- Application Record(s) identifying new Business Premises location(s), subject to the payment of any applicable fee in Section 104.19, and provided that the new Pre-Application Record(s) is submitted within the original three (3) year time limitation.

2. The refiled Application may not seek authorization to conduct any Commercial Cannabis Activities that were not listed in the original Application. A refiled Application is not subject to a finding of Undue Concentration provided it is refiled in the same Community Plan Area as the original Application or a Community Plan Area that has not reached Undue Concentration. Applications originally subject to a finding of public convenience or necessity under Section 104.03(a)(1) shall be refiled at the same proposed Business Premises.

3. A refiled Application that is later deemed abandoned for any reason may not be refiled.

4. An Application abandoned, for any reason, prior to January 1, 2022, may not be refiled.

5. An Application previously denied, denied by operation of law, or deemed ineligible for further processing may not be refiled.

(h) Refiling – General Applications. Provided that the Applicant is not subject to the provisions of Section 104.20, an Applicant may refile an Application subject to the requirements of this subsection if the Application was deemed abandoned under Section 104.03(f) after January 1, 2022. An Applicant also may refile an Application subject to the requirements of this subsection if the Applicant possessed a License that expired under Section 104.12. Applications abandoned after June 30, 2023, may not be refiled unless the Application was deemed filed pursuant to Sections 104.05(a) or 104.06(a). An Application abandoned after June 30, 2023 must be refiled as an Annual Application unless the Applicant has an active corresponding State provisional license. The refiling process shall be initiated through the DCR Licensing Portal within three (3) years of the date DCR notifies the Applicant by electronic mail that the original Application is abandoned or expired.

1. To refile, the Applicant shall submit a new Pre-Application Record pursuant to Section 104.03(a). If DCR determines the proposed Business Premises location complies with Section 104.04(b), the Applicant shall submit an Application with all required information, forms and documents within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Record is eligible for further processing. If a Pre-Application Record filed pursuant to this subsection is ineligible, the Applicant shall be permitted to submit a new Pre- Application Record(s) identifying new Business Premises location(s), subject to the payment of any applicable fee in Section 104.19, and provided that the new Pre-Application Record(s) is submitted within the original three (3) year time limitation.

3. A refiled Application that is later deemed abandoned for any reason may not be refiled.

4. An Application abandoned, for any reason, prior to January 1, 2022, may not be refiled.

5. An Application previously denied, denied by operation of law, or deemed ineligible for further processing may not be refiled.

(i) Processing Timeframes. Application and modification processing shall occur within the timeframes specified in this subsection. Processing timeframes begin upon the filing of the relevant Application or modification record, i.e., the submission of all required and completed information, forms, and documents through the DCR Licensing Portal for that particular Application or modification process, and the payment of all relevant fee(s) pursuant to Section 104.19 for that Application or modification process. Processing timeframes shall be automatically suspended when DCR’s personnel vacancy rate is 20% or higher.

1. Pre-Application Record Processing.

(i) Within 10 days of the submission of a Pre-Application Record through the DCR Licensing Portal, DCR shall issue the Applicant a Pre-Application Review Fee invoice. Pre- Application Records shall comply with the requirements in the Rules and Regulations.

(ii) Within 30 days of the filing of a Pre- Application Record, DCR shall determine whether the Applicant’s proposed Business Premises complies with Section 104.04(b) and notify the Applicant of DCR’s determination by electronic mail.

(iii) If the Applicant’s Business Premises complies with Section 104.04(b), the Applicant shall submit a Temporary Approval Application or Annual License Application through the DCR Licensing Portal in accordance with subdivision 2. The Pre-Application Record will be deemed abandoned if a Temporary Approval Application or Annual License Application is not timely submitted.

2. Temporary Approval Processing.

(i) The Applicant shall submit a Temporary Approval Application through the DCR Licensing Portal, including all required information, forms, and documents, within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre- Application Record is eligible for further processing. Temporary Approval Application records shall comply with the requirements in the Rules and Regulations. The Applicant shall submit payment of the Temporary Approval Fee(s), pursuant to Section 104.04, by the date listed on the invoice.

(ii) Within 60 days of the filing of a Temporary Approval Application through the DCR Licensing Portal, DCR shall determine if the Temporary Approval Application is complete.

(A) If the Applicant files a modification request through the DCR Licensing Portal within 60 days of the submission of a Temporary Approval Application, DCR shall review the modification request within 30 days of the filing of the modification request, and, if approved, complete its review of the Temporary Approval Application within 60 days of the approval of the modification request.

(B) Once DCR completes its review of the Temporary Approval Application, an Applicant may submit only the modification request types permitted in the Rules and Regulation until a License is issued.

(iii) If DCR determines that the Temporary Approval Application is complete, DCR shall update the Application status to “Local Compliance Underway” within seven (7) days of its determination. If DCR determines there are any deficiencies in the Temporary Approval Application, DCR shall notify the Applicant by electronic mail of the specific information, forms or documents required by DCR, and the Applicant shall provide the required information, forms or documents through the DCR Licensing Portal within 30 days of that notification. Within 30 days of an Applicant’s submission of the required additional information, forms or documents through the DCR Licensing Portal, DCR shall complete its follow-up review.

(iv) Within 45 days of a request for an Initial Inspection through the DCR Licensing Portal, DCR shall conduct the Initial Inspection.

(v) Within 15 days of an Applicant passing the Initial Inspection or DCR determining that all Temporary Approval information, forms and documents are submitted and complete, whichever occurs last, DCR shall issue Temporary Approval.

3. Relocation Modification Processing.

(i) Within 15 days of the submission of a relocation request through the DCR Licensing Portal, DCR shall issue the Licensee an invoice for the Business Premises Relocation Fee.

(ii) Within 30 days of the filing of a relocation request, DCR shall determine whether the proposed Business Premises complies with Section 104.04(b) and shall notify the Licensee of DCR’s determination by electronic mail. If DCR determines that the proposed Business Premises complies with Section 104.04(b), the Licensee may submit a new Temporary Approval Application for the new Business Premises.

4. Ownership Modification Processing.

(i) Within 15 days of the submission of an ownership modification request through the DCR Licensing Portal, DCR shall issue the Applicant or Licensee an invoice for the applicable modification fee(s) pursuant to Section 104.19.

(ii) Within 30 days of the filing of an ownership modification request, DCR shall grant or deny the modification request and notify the Applicant or Licensee of DCR’s determination by electronic mail. If DCR determines that the proposed ownership modification violates any provision of this article or the Rules and Regulations, upon notice from DCR, the Applicant or Licensee shall be permitted to further amend its request within 30 days to correct any deficiencies, if possible.

(iii) If all Owners are transferring their ownership interest, the Applicant or Licensee shall resubmit all Application information, forms and documents, and pay all required fees, within 30 days of the date DCR notifies the Applicant or Licensee by electronic mail that the modification request is approved.

5. Entity Substitution Processing.

(i) Within 15 days of the submission of a modification request to substitute the Applicant or Licensee listed on an Application, License or Operating Permit through the DCR Licensing Portal, DCR shall issue the Applicant or Licensee an invoice for the applicable modification fee(s) pursuant to Section 104.19.

(ii) Within 30 days of the filing of a modification request to substitute the Applicant or Licensee, DCR shall approve or deny the modification request. If DCR approves the modification request, the Applicant or Licensee shall submit a new Application and all required information, forms and documents for the new Applicant entity within 30 days of the date DCR notifies the Applicant by electronic mail that the modification request is approved. Once a new Application is filed, upon request from the State, DCR shall update the Application status to “Local Compliance Underway.”

(iii) DCR shall not issue a Temporary Approval, License, or Operating Permit to the new Applicant entity until it meets the relevant requirements. If the original Licensee has been issued a License or Operating Permit, it shall request cancellation of that License or Operating Permit before a License or Operating Permit may be issued to the new Applicant entity. The original Licensee may continue to conduct Commercial Cannabis Activity until the License expires or the original Licensee requests cancellation of the License issued to it, whichever is earlier.

SEC. 104.04. DENIAL OF A LICENSE, SUSPENSION OF A LICENSE, OR DISQUALIFICATION.

(Title and Section Amended by Ord. No. 187,879, Eff. 6/2/23.)

(a) General Denial Reasons. With no hearing and based upon written findings supported by evidence in the record, the issuance of Temporary Approval, an Annual License, or the renewal of Temporary Approval or an Annual License, may be denied for any of the following reasons:

1. The Business Premises is substantially different from the diagram of the Business Premises submitted by the Applicant or Licensee, in that the size, layout, location of common entryways, doorways, or passageways, means of public entry or exit, or limited-access areas within the Business Premises are not the same;

2. The Applicant or Licensee denied DCR employees or agents access to the Business Premises;

3. The Applicant or Licensee procured the License by fraud or deceit, made a material misrepresentation, false statement, or knowingly failed to disclose a material fact;

4. The Applicant or Licensee failed timely to provide DCR with requested information, forms or documents;

5. The Applicant or Licensee was denied a license, permit or other authorization to engage in Commercial Cannabis Activity by any state or other local licensing authority;

6. Issuance of a License would create a significant public safety problem as documented by a law enforcement agency;

7. The Applicant or Licensee failed to adhere to the requirements of this article or the Rules and Regulations;

8. The Applicant or Licensee engaged in unlicensed Commercial Cannabis Activity in violation of Section 104.15;

9. Temporary Approval has been revoked;

10. The Applicant or Licensee failed a Business Premises inspection by DCR, another City agency, or the Los Angeles County Department of Public Health; or

11. If the Application is subject to Section 104.20, the Applicant or Licensee failed to comply with any requirement in Section 104.20.

(b) Business Premises Denial Reasons. With no hearing and based upon written findings supported by evidence in the record, a Pre-Application Record, Temporary Approval, an Annual License, or the renewal of Temporary Approval or an Annual License, may be denied for any of the following reasons:

1. The proposed Business Premises fails to meet any of the requirements of Article 5 of Chapter X of this Code;

2. The Applicant’s Business Premises is located in a Community Plan Area which has reached Undue Concentration, unless the City Council has adopted written findings that approval of the License Application would serve public convenience or necessity, supported by evidence in the record;

3. The Business Premises is owned or managed by a Person who holds office in any agency of the State of California and any of its political subdivisions, including the City and any of its agencies, departments, commissions or boards of the State of California or its political subdivisions if the Person’s duties include the enforcement or regulation of Commercial Cannabis Activity or any other penal provisions of law of the State of California prohibiting or regulating Commercial Cannabis Activity;

4. For a period of five years from the date of any conviction if the Business Premises was the site of illegal volatile Cannabis manufacturing under Health and Safety Code Section 11379.6;

5. For a period of five years from the date of any conviction if the Business Premises was the site of distribution of Cannabis to minors;

6. For a period of five years from the date of any conviction if the Business Premises was the site of any illegal Commercial Cannabis Activity after April 1, 2018;

7. For a period of five years from the date of any conviction if the Business Premises was the site of unlicensed Commercial Cannabis Activity, in violation of Section 104.15, on or after January 1, 2018;

8. For a period of five years from the date of any conviction if the Business Premises is located on any portion of any parcel of land used as an Unlawful Establishment, in violation of Section 104.15, on or after January 1, 2018;

9. For a period of five years from the date of any utility disconnection if the Business Premises was the site of a disconnection of utilities under Section 104.15(e); or

10. For a period of five years from the date of any padlocking if the Business Premises was the site of padlocking under Section 104.15.1.

(c) Ownership Denial Reasons. With no hearing and based upon written findings supported by evidence in the record, Temporary Approval, an Annual License, or the renewal of Temporary Approval or an Annual License may be denied if the Owner(s) of the Applicant or Licensee is ineligible for any of the following reasons:

1. An individual who holds office in, is employed by, or is appointed to, any agency of the State of California and any of its political subdivisions, including the City and any of its agencies, departments, commissions or boards, when the individual’s duties include the enforcement or regulation of Commercial Cannabis Activity or any other penal provisions of law of the State of California prohibiting or regulating Commercial Cannabis Activity; or

2. Any entity that is incorporated outside of the United States.

(d) Disqualification of Primary Personnel. Primary Personnel convicted of any of the following offenses within the time specified shall be disqualified and are prohibited from applying for or holding a Temporary Approval or Annual License. Unless the Primary Personnel is a Social Equity Individual Applicant, the Applicant may submit a modification request pursuant to Section 104.03(c) to remove the disqualified Primary Personnel. Primary Personnel may be subject to LiveScan or a similar review of criminal history.

1. For a period of five years from the date of any conviction for Illegal volatile Cannabis manufacturing under Health and Safety Code Section 11379.6;

2. For a period of five years from the date of any conviction for a violation of any State or local law involving wage or labor provisions;

3. For a period of five years from the date of any conviction for a violation of any law involving distribution of Cannabis to minors;

4. For a period of five years from the date of any conviction for Illegal Commercial Cannabis Activity after April 1, 2018;

5. For a period of five years from the date of any conviction for a violation of any State or local law involving distribution or sales of tobacco or alcohol to minors;

6. The later of a period of 20 years from the date of any conviction for or completion of a term of imprisonment, supervised release, or probation imposed as a sentence for a conviction for a violent felony as defined in California Penal Code Section 667.5, a serious felony conviction as defined in California Penal Code Section 1192.7, or a felony conviction for violating any law involving violent crimes, sex trafficking, rape, crimes against children, gun crimes, or hate crimes;

7. For a period of 20 years from the date of a felony conviction for a crime involving fraud, deceit, or embezzlement. In addition, an individual with a felony conviction under this subsection shall be prohibited from serving as an Authorized Agent, as defined in the Rules and Regulations, or agent for service of process on any Application; or

8. For a period of five years from a civil judgment concerning illegal Commercial Cannabis Activity.

(e) Suspension for Unlicensed Activity or Life Safety Violations. DCR may immediately suspend a Temporary Approval or Operating Permit without a hearing based upon DCR’s discovery or notice from another city, state or public agency that: (1) the Licensee’s use of or conduct at the Business Premises poses an imminent threat to life or public safety; (2) the Licensee is conducting Commercial Cannabis Activity without all necessary permits, inspections or similar clearances from another city, state or other public agency; or (3) the Licensee is conducting Commercial Cannabis Activity without an active State License for that Commercial Cannabis Activity. After suspension, the Licensee may request an administrative hearing pursuant to Section 104.14. A Licensee may not conduct Commercial Cannabis Activity while the Temporary Approval or Operating Permit is suspended.

1. If DCR suspends a Temporary Approval or Operating Permit because the Licensee is conducting Commercial Cannabis Activity without a State License or without a required permit, inspection or clearance to operate from another city, state or public agency, DCR may reinstate the Temporary Approval or Operating Permit if the Licensee provides evidence of the relevant State License(s) or required permit, inspection or clearance to operate, or if such a showing is made during an administrative hearing. DCR shall not reinstate the Temporary Approval or Operating Permit if a utility disconnection, padlocking, or other enforcement action occurs during the period of suspension that renders the Business Premises ineligible under Section 104.04(b).

2. DCR may issue a Notice of Violation based upon notice from another city, state, or other public agency, including but not limited to the Los Angeles Fire Department or Department of Building and Safety, that the Licensee has not taken the necessary corrective action, within 90 days, or other time allotted by the citing agency, to cure a violation, notice to correct, or other form of non-compliance. The Licensee may request an administrative hearing pursuant to Section 104.14.

SEC. 104.05. TEMPORARY APPROVAL.

(Title and Section Amended by Ord. No. 187,879, Eff. 6/2/23.)

(a) Temporary Approval Application – Filing. A Temporary Approval Application shall be filed following: (1) a determination that the Pre-Application Record is eligible for further processing pursuant to Section 104.03(a); (2) the submission to DCR’s Licensing Portal of all completed Temporary Approval information, forms, and documents required by the Rules and Regulations; and (3) and the payment of the applicable application fee(s) for each Commercial Cannabis Activity pursuant to Section 104.19. The Temporary Approval Application shall be abandoned if requested information or documents are not submitted, or fees are not paid, within the allotted time.

(b) Temporary Approval. DCR may, at its discretion, issue Temporary Approval to engage in Commercial Cannabis Activity, provided that the Applicant pays the Temporary Approval Application Fee for each Commercial Cannabis Activity, pursuant to Section 104.19 , and the following requirements are met: (1) the Temporary Approval Application is filed pursuant to subsection (a); (2) the Business Premises passes an Initial Inspection; and (3) if applicable, any Applicant subject to Section 104.20 provide all business records and agreements necessary to demonstrate that the Social Equity Individual Applicant owns at least the minimum Equity Share required under Section 104.20(a)(2). An Applicant seeking Temporary Approval shall submit all required information, forms, and documents through the DCR Licensing Portal within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Record is eligible for further processing, or the Temporary Approval Application shall be abandoned pursuant to Section 104.03(f).

(c) Issuance of Temporary Approval does not create a vested right in the holder to either a renewal of the Temporary Approval, or to the issuance of a subsequent Annual License. Temporary Approval authorizes the Licensee to conduct Commercial Cannabis Activity(ies), subject to the Licensee obtaining all necessary permits, licenses, or other authorizations required by law from the City, State or other public agencies. Temporary Approval does not waive or otherwise circumvent other City or State requirements or necessary permits from the City, State, or other public agencies, including, but not limited, to, a Certificate of Occupancy, permit or authorization of the Los Angeles Fire Department, health permit from the County of Los Angeles, or a State License. A Licensee with Temporary Approval shall follow all applicable Rules and Regulations as would be required if the Applicant held an Annual License of the same type.

(d) If, at any time during the processing of an Application or after the issuance of Temporary Approval, it is discovered that an Application has been improperly prepared or required information, forms or documents have not been submitted in accordance with this article or the Rules and Regulations, upon notification to the Applicant, processing of that Application shall be suspended until the Application has been corrected or the required information, forms or documents are provided.

(e) DCR shall cease accepting new Temporary Approval Applications from any Applicant not subject to Section 104.20 by June 30, 2023. (Amended by Ord. No. 188,069, Eff. 12/15/23.)

(f) DCR shall cease accepting new Temporary Approval Applications from Social Equity Applicants by July 31, 2023. (Amended by Ord. No. 188,069, Eff. 12/15/23.)

(g) DCR may grant Temporary Approval through an Annual License Application to any Applicant subject to Section 104.20 seeking to conduct Storefront Retailer Commercial Cannabis Activity until January 1, 2031, provided the Applicant has an active State provisional license or State annual license and submits an Application prior to August 31, 2030. (Amended by Ord. No. 188,069, Eff. 12/15/23.)

(h) DCR may renew Temporary Approval for Social Equity Licensees conducting Storefront Retailer Commercial Cannabis Activity until February 28, 2031. DCR may renew Temporary Approval for all other Licensees until February 28, 2027. (Amended by Ord. No. 188,069, Eff. 12/15/23.)

(i) Any Temporary Approval issued for calendar year 2031 may not be renewed and shall expire on December 31, 2031, after 11:59 p.m. (Added by Ord. No. 188,069, Eff. 12/15/23.)

(j) Any Temporary Approval Application abandoned under Section 104.03(f) after July 1, 2023, shall be refiled as an Annual Application. (Added by Ord. No. 188,069, Eff. 12/15/23.)

SEC. 104.06. ANNUAL LICENSES.

(Title and Section Amended by Ord. No. 187,879, Eff. 6/2/23.)

(a) Annual License Application – Filing. An Annual License Application shall be filed following: (i) the issuance of Temporary Approval pursuant to Section 104.05 or a determination that the Pre-Application Record is eligible for further processing pursuant to Section 104.03(a); (ii) the submission to DCR’s Licensing Portal of all completed Annual License Application information, forms, and documents required by the Rules and Regulations; (iii) the submission of a complete project description pursuant to Subsection (d); (iv) the payment of the applicable application fee(s) for each Commercial Cannabis Activity pursuant to Section 104.19; and (v) payment of the applicable environmental assessment fee pursuant to Section 104.19. DCR may request additional information and documents from the Applicant at any time during application processing, subject to payment of any fees under Section 104.19. The Annual License Application shall be abandoned if requested information or documents are not submitted, or fees are not paid, within the allotted time.

(b) Annual Licenses for Storefront Retailer Commercial Cannabis Activity or Microbusiness with On-Site Sales (Types 10 and 12).

1. Within 30 days of the filing of an Annual Application for Storefront Retailer Commercial Cannabis Activity or Microbusiness with on-site sales pursuant to Subsection (a), DCR shall send a Notice of Complete Application by electronic mail to: (1) the Applicant; (2) the closest Neighborhood Council; (3) the relevant business improvement district, if one exists; and (4) and the City Council Office within which the Business Premises is situated. The notice shall contain the following information: purpose of the notice, name of the Applicant, Application number, Business Premises address, Commercial Cannabis Activities requested, and the Council District and Community Plan Area in which the Business Premises is located. The notice shall also inform interested parties about how to provide DCR with information about the Application. DCR shall also post the notice to its website.

(i) After receipt of the Notice of Complete Application, the Applicant shall pay the required Community Meeting Fee pursuant to Section 104.19 within 30 days from the date of the invoice.

(ii) Within 10 days of receipt of the Notice of Complete Application for Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales, the Applicant or a designated representative shall contact the Neighborhood Council in which the Storefront Retailer Commercial Cannabis Activity or Microbusiness is located and offer to appear before the Neighborhood Council to address questions about the Application. Written evidence of the Applicant’s offer to appear shall be provided to DCR, such as an email to the Neighborhood Council or a copy of the meeting minutes.

(iii) Within 45 days of sending a Notice of Complete Application, DCR shall conduct a community meeting via video or telephone conferencing, or in-person within the defined geographic area of the Area Planning Commission within which the Business Premises is situated. DCR shall provide notice of the community meeting no less than 20 days prior to the date of the community meeting.

(A) The notice of meeting shall contain the following information: date, time and place where the meeting or public hearing will be held, or if the meeting will be held via video or telephone conferencing, a link to the virtual meeting. The notice also shall include: the purpose of the meeting, name of the Applicant, Application number, Business Premises address, Commercial Cannabis Activities requested, and the Council District and Community Plan Area in which the Business Premises is located. The notice shall inform interested parties how to provide DCR with information about the Application.

(B) DCR shall send the notice by U.S. mail to: (1) the Applicant; (2) Applicant’s Owners and Authorized Agent(s), as defined by the Rules and Regulations; and (3) the owners and occupants of all property within 700 feet of the property line of the lot on which the proposed Business Premises is located. For the purpose of notification of property owners, the last known name and address of owners as shown on the records of the City Engineer or the records of the County Assessor shall be used. For occupants, the notice shall be addressed to “occupant” and mailed to all property addresses within the 700-foot radius. Where all property within the 700-foot radius is under the same ownership as the Business Premises, the owners of all property that adjoins that ownership, or is separated from it only by a street, alley, public right-of-way or other easement, shall also be notified as set forth above.

(C) DCR shall post the notice on its website and shall send the notice by electronic mail to: (1) the closest Neighborhood Council; (2) the relevant business improvement district, if one exists; and (3) the City Council Office within which the Business Premises is situated. The Applicant shall post the notice in conspicuous place on the property where the Business Premises is located. The posted notice shall be provided by DCR electronically and printed by the Applicant on a minimum of 11" x 17" paper size with a minimum 20 font size. The notice shall be posted immediately upon receipt.

(iv) At the community meeting, DCR shall accept written and oral testimony regarding the Application and then prepare a written report to the Commission summarizing the testimony in favor and against the Application.

2. Within 90 days of the date DCR sends a Notice of Complete Application, DCR shall either deny the issuance of the Annual License with no hearing, or make a recommendation to the Commission to issue the Annual License. The date of the recommendation shall be the date when DCR transmits its report to the Commission for consideration. Except as otherwise permitted under Section 104.07, Type 10 Licenses shall be limited to only Social Equity Applicants, as defined in Section 104.20(a) and (b), until January 1, 2025.

(i) DCR or the Commission may deny the issuance of an Annual License based on written findings for any of the reasons listed in Section 104.04.

(ii) DCR’s decision to deny the issuance of the Annual License is final and effective upon the close of the 15-day appeal period if not timely appealed to the Commission by the Applicant as provided in Section 104.10. There is no further appeal to the City Council. A final denial or exhaustion of all administrative appeals shall terminate any active Temporary Approval.

(iii) If DCR recommends approval of the Application, the Commission shall make the determination whether to issue the Annual License after it conducts a public hearing. Notice of the hearing shall be provided as described in subsection (b)(1)(iii)(A) - (C) no less than 20 days prior to the date of the hearing.

(iv) The Commission shall consider the decision by DCR to recommend approval of the Application, the written summary of the community meeting prepared by DCR, the record before DCR, and any written information and oral testimony timely provided to the Commission.

(v) The Commission’s decision to deny the issuance of the Annual License is final and effective upon the close of the 15-day appeal period if not timely appealed to the City Council by the Applicant as provided in Section 104.10. A final denial of an Annual License after exhaustion of all administrative appeals shall terminate any active Temporary Approval.

(vi) The Commission may approve the issuance of the Annual License with written findings supported by evidence in the record that the Applicant and Business Premises meet the requirements of this article. The Commission may impose conditions to address public safety concerns based on evidence in the record. The Commission shall not approve the issuance of an Annual License for an Applicant subject to a finding of Undue Concentration unless the City Council has found that approval of the Application would serve a public convenience or necessity. The issuance of an Annual License is not appealable.

3. If at any time during the processing of an Annual License Application it is discovered that an Annual License Application has been improperly prepared or required information, forms or documents have not been submitted in accordance with this article or the Rules and Regulations, upon notification to the Applicant, processing of that Annual License Application shall be suspended until the Annual License Application has been corrected or the required information, forms or documents are provided.

4. Unless the Licensee holds an active Temporary Approval, the issuance of an Annual License shall not authorize the Licensee to conduct Commercial Cannabis Activity until an Operating Permit is issued pursuant to Subsection (e). After an Annual License is issued, the Licensee shall obtain an Operating Permit before conducting Commercial Cannabis Activity.

5. After the issuance of an Annual License by the Commission, DCR may deny the renewal of the Annual License for any of the reasons stated in Section 104.04 based upon written findings supported by evidence in the record. The Licensee may request an administrative hearing pursuant to Section 104.14.

(c) Annual Licenses for All Other Commercial Cannabis Activity. For Commercial Cannabis Activity that is not Retailer Commercial Cannabis Activity or Microbusiness with on-site sales, within 30 days of the filing of an Annual Application pursuant to Subsection (a), DCR shall send a Notice of Complete Application by electronic mail to the Applicant. DCR shall either deny the issuance of the Annual License with no hearing at any time during application processing, or, within 90 days of the date DCR sends a Notice of Complete Application, approve the issuance of the Annual License with no hearing. Except as otherwise permitted under Sections 104.07 and 104.08, Types 1A, 1C, 2A, 3A, 4, 5A and 9 Licenses shall be limited to only Social Equity Applicants, as defined in Section 104.20(a) and (b), until January 1, 2025.

1. DCR may deny the issuance of the Annual License with written findings supported by evidence in the record for any of the reasons listed in Section 104.04. DCR’s decision to deny the issuance of the Annual License is final and effective upon the close of the 15-day appeal period if not timely appealed to the Commission by the Applicant as provided in Section 104.10. There is no further appeal to the City Council. A final denial of an Annual License upon exhaustion of all administrative appeals shall terminate any active Temporary Approval.

2. DCR may approve the issuance of the Annual License with the imposition of conditions to address public safety concerns. The issuance of an Annual License is not appealable.

5. After the issuance of an Annual License, DCR may deny the renewal of the Annual License for any of the reasons stated in Section 104.04 based upon written findings supported by evidence in the record. The Licensee may request an administrative hearing pursuant to Section 104.14.

(d) CEQA. Compliance with the California Environmental Quality Act (CEQA).

1. CEQA Definitions. The following definitions shall apply in this subsection:

(i) “CEQA” means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. (CEQA Guidelines, Section 15353.)

(ii) “Environment” means the physical conditions existing within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and human- made conditions. (CEQA Guidelines, Section 15360.)

(iii) “Lead Agency” means the public agency which has the principal responsibility for carrying out or approving a project. The Lead Agency will decide whether an EIR or Negative Declaration will be required for the project and will cause the document to be prepared. Criteria for determining which agency will be the Lead Agency for a project are contained in Section 15051. (CEQA Guidelines, Section 15367.)

(iv) “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment as defined by CEQA Guidelines Section 15378.

(v) “Responsible Agency” means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR or Negative Declaration. For the purposes of CEQA, the term “Responsible Agency” includes all public agencies other than the Lead Agency which have discretionary approval power over the project. (CEQA Guidelines, Section 15381.)

(vi) “Significant Effect on the Environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. (CEQA Guidelines, Section 15382.)

2. Upon the submission of an Annual License Application containing a complete project description for a License, and payment of all applicable fees, DCR shall determine whether the Project has been subject to environmental review under CEQA within the previous five years, and, if not, what form of environmental review for the License is appropriate. If DCR acts as the local Lead Agency under CEQA, it may, at its sole discretion and subject to its own independent review and discretion for purposes of approval, request that the Applicant prepare the applicable CEQA documentation which may include: reliance on one or more categorical or statutory exemptions, a negative declaration or mitigated negative declaration, an environmental impact report, a sustainable communities environmental assessment, an addendum or other document provided by CEQA. The Commission shall delegate the following actions to DCR when it considers the issuance of an Annual License: (1) certification of an environmental impact report; (2) adoption of a negative declaration or mitigated negative declaration; or (3) a written determination that a project is not subject to CEQA. If a potentially Significant Effect on the Environment is identified, DCR or, if applicable, the Commission or its designee shall adopt one or more findings, supported by substantial evidence in the record, consistent with Public Resources Code Sections 21081 and 21081.6, and CEQA Guidelines Section 15091. Alternatively, if DCR acts as a Responsible Agency under CEQA, DCR or, if applicable, the Commission or its designee, prior to approval of an Annual License, shall consider the Lead Agency’s environmental document and make the findings required by Public Resources Code Section 21081, and CEQA Guidelines Sections 15096(g) - (h) and 15050(b).

3. Appeals concerning CEQA compliance for projects subject to this chapter shall be filed pursuant to the procedures in LAMC Section 197.01 et seq. The issuance of an Annual License by DCR or the Commission is not appealable.

4. The renewal of an Annual License with no changes to the Business Premises or Commercial Cannabis Activity is a ministerial approval exempt from the requirements CEQA. (See CEQA Guidelines Sections 15369 and 15268(b)(2).)

(e) Operating Permits. Unless a Licensee is issued Temporary Approval, an Annual Licensee shall not conduct Commercial Cannabis Activity until the Licensee obtains an Operating Permit from DCR. To obtain an Operating Permit, the Licensee shall: (1) pass a Final Inspection at the Business Premises; and (2) submit to the DCR Licensing Portal all necessary permits, clearances, licenses, or other authorizations required by law from the City, State or other public agencies, including a Certificate of Occupancy, which may include clearance from the Los Angeles Fire Department and the Department of Water and Power, a permit from the Los Angeles County Department of Public Health, and a corresponding State License. The Licensee shall ensure that all permits or clearances from other agencies match the correct Business Premises location, the Business Premises diagram submitted to DCR, and relevant Commercial Cannabis Activities as the License. If the Licensee is engaged in Storefront Retailer or Microbusiness Commercial Cannabis Activity with on-site sales, the Licensee also shall obtain an Emblem Placard as required in Section 104.23. The issuance of an Annual License does not waive or otherwise circumvent other City or State requirements or necessary permits from the City, State, or other public agencies.

1. DCR shall conduct Final Inspections in the manner as provided in the Rules and Regulations. DCR may require periodic inspections to determine whether the Licensee maintains a non-operational status until an Operating Permit is issued.

2. An Annual Licensee conducting Commercial Cannabis Activity without an Operating Permit or Temporary Approval for the relevant Commercial Cannabis Activity is an Unlawful Establishment. If at any time during the processing of an Annual License Application, after the issuance of an Annual License, or during the processing of an Annual License renewal, DCR discovers that an Annual Licensee is an Unlawful Establishment, DCR may deny the Annual License Application, suspend and/or revoke the Annual License, deny the Annual License renewal, or issue a Notice of Violation pursuant to Section 104.13.

3. DCR shall not issue an Operating Permit if the Business Premises is associated with any active NOVs or NTCs issued under Section 104.13.

SEC. 104.06.1. SOCIAL EQUITY PROGRAM COMMERCIAL CANNABIS ACTIVITY APPLICATION PROCESSING.

(Title and Section Amended by Ord. No. 186,703, Eff. 7/10/20.)

(a) DCR shall process an Application under this section consistent with Section 104.20(c)(4)(i). Applications that meet the requirements of this section shall be eligible for further processing pursuant to Section 104.06.

(b) Type 10 Application Processing – Round 1.

1. Social Equity Individual Applicant Verification. For a period of 60 calendar days, beginning on a date at DCR’s sole discretion, an individual may apply to be verified as a Tier 1 or Tier 2 Social Equity Individual Applicant as defined in Section 104.20(a). DCR’s determination of whether an individual is a Social Equity Individual Applicant shall be made with no hearing, is final and not appealable. (Amended by Ord. No. 187,095, Eff. 7/1/21.)

2. Application Period. DCR shall, on a date starting at its sole discretion, accept Type 10 applications for processing under this subsection for a period of 14 calendar days, provided that DCR posts written notice of the processing period on its website at least 15 calendar days before the start date of the processing period. DCR shall not accept or process applications under this subsection before it has made technical assistance available for a period of at least 45 calendar days to prospective or verified Social Equity Applicants, as defined in Section 104.20.

3. To be eligible to apply in Round 1, an Applicant shall have an individual Owner that is a Tier 1 or Tier 2 Social Equity Individual Applicant verified pursuant to this subsection and who owns an Equity Share in the Applicant that meets the requirements of Section 104.20(a). An individual may not be the Tier 1 or Tier 2 Social Equity Individual Applicant for more than one Applicant in Round 1. An individual who is an Owner of an EMMD shall not be eligible to be the Tier 1 or Tier 2 Social Equity Individual Applicant for an Applicant, but may be an Owner of an Applicant if otherwise allowed under this article.

4. During the 14-calendar-day application period, an Applicant shall submit, in a form and manner determined by DCR, an application that includes all of the following: (1) a copy of an executed lease agreement or property deed for its Business Premises; (2) an ownership and financial interest holder form; (3) a financial information form; (4) a Business Premises diagram; (5) proposed staffing and security plans; (6) a dated radius map including horizontal lines and labeling of any sensitive uses relative to a Type 10 License; (7) a labor peace agreement attestation form; (8) an indemnification agreement provided by DCR; and (9) all business records and agreements necessary to demonstrate that a Tier 1 or Tier 2 Social Equity Applicant owns the minimum Equity Share in the Applicant required under Section 104.20. (Amended by Ord. No. 187,095, Eff. 7/1/21.)

5. An Applicant’s Business Premises shall meet the following requirements:

(i) The Business Premises meets all applicable requirements of Article 5 of Chapter X of this Code;

(ii) The Business Premises is outside of a 700-foot radius of another Type 10 Applicant’s Business Premises, as measured in the manner specified in Section 105.02(b) of this Code. If two or more Round 1 Applicants’ Business Premises are within a 700-foot radius of one another, the Applicant who first submitted an application that meets the requirements of this subsection shall be eligible for further processing and all other Round 1 Applicants within a 700-foot radius of the first Applicant shall be ineligible for further processing in Round 1.

(iii) The Business Premises is not subject to a finding of Undue Concentration. For purposes of this subsection only, DCR shall determine whether the Business Premises is subject to a finding of Undue Concentration based upon the time and date an Applicant submitted an application that meets the requirements of this subsection.

6. The first 75 Tier 1 Applicants and the first 25 Tier 2 Applicants who meet the requirements of this subsection shall be eligible for further processing pursuant to Section 104.06. If less than 75 Tier 1 Applicants meet the requirements of this subsection, DCR may process additional Tier 2 applications, based upon the time and date of application submission, until DCR has identified 100 Tier 1 and Tier 2 Applicants who meet the requirements of this subsection. All Applicants who submitted an application that are not eligible for further processing and qualify under Section 104.06.1(c)(3) may apply for Type 10 Application Processing - Round 2. (Amended by Ord. No. 187,095, Eff. 7/1/21.)

7. DCR shall, subject to review of any applications previously deemed ineligible as described below, process Applications up to and including DCR Record No. LA-C-19-310245-R-APP from the list published by DCR titled “Phase 3 Retail Round 1 Submissions (09/03/19, 10 am to 09/17/2019, 10 am)”, dated September 26, 2019. Notwithstanding any prior notice and/or action by DCR, a Social Equity Individual Applicant that was deemed ineligible for further processing due to a Community Plan Area having reached Undue Concentration on or after September 3, 2019, the failure to submit proof of deposit, or due to proximity to a Sensitive Use, subject to relocation, may be deemed eligible for further processing if all other requirements are met. Applications deemed eligible for further processing under Section 104.06.1(b)(6) as of January 1, 2020, and Applications deemed eligible for further processing under Section 104.06.1(b)(7) after January 1, 2021, shall not be included in the calculation of Undue Concentration. (Amended by Ord. No. 187,879, Eff. 6/2/23.)

8. An Applicant shall pay all required application fees pursuant to Section 104.19 within 30 days of being issued an invoice by DCR or its application shall be deemed abandoned. (Amended by Ord. No. 186,919, Eff. 2/24/21.)

1. Applicant Eligibility Verification. DCR shall establish a 60 calendar day eligibility verification period for individuals to apply to be verified under the revised eligibility criteria in Section 104.20(b). An Applicant shall pay the SEIA Eligibility Verification Fee pursuant to Section 104.19(a) within 30 days of being issued an invoice by DCR. DCR shall have at least 90 calendar days to determine Social Equity Applicant eligibility which shall not run concurrently with the 60-calendar day eligibility verification period. DCR’s determination of whether an individual is a Social Equity Individual Applicant shall be made with no hearing, is final and not appealable. (Amended by Ord. No. 186,919, Eff. 2/24/21.)

2. Registration Period. DCR shall, on a date beginning at its sole discretion, accept registrations for an Application lottery under this subsection for a period of 30 calendar days from verified Social Equity Individual Applicants, as defined in Section 104.20(b). DCR shall not accept registrations under this subsection before it has made technical assistance available for a period of at least 45 calendar days to prospective or verified Social Equity Individual Applicants. (Amended by Ord. No. 187,459, Eff. 4/15/22.)

3. Social Equity Individual Applicant. To be eligible to participate in the Application lottery pursuant to Subsection (c)(4), the Applicant shall have an individual Owner that is a Social Equity Individual Applicant verified pursuant to Subsection (c)(1). The Social Equity Individual Applicant must have a prior California Cannabis Arrest or Conviction and must also meet one of the following two criteria, as defined in Section 104.20(b)(1)(i): (1) Low-Income; or (2) ten years’ cumulative residency in Disproportionately Impacted Area. A Social Equity Individual Applicant shall be disqualified from participating in the Application lottery for any of the offenses specified in Section 104.03(a)(1) or for any of the circumstances in Section 104.03 (a)(2).

4. Application Lottery. Verified Social Equity Individual Applicants who have registered pursuant to subdivision 2 shall be entered into an Application lottery. DCR may identify as many Social Equity Individual Applicants eligible for further processing through an Application lottery as there are total available Licenses in Community Plan Areas that have not reached Undue Concentration. Social Equity Individual Applicants shall be randomly selected during the lottery, which shall take place at a location, date and time determined by DCR in its sole discretion. DCR shall post a notice at least 15 calendar days prior to the lottery, which shall include the procedures and protocol to conduct the lottery and information regarding how the public can view or live stream the event. Applications drawn at the lottery shall be processed pursuant to Section 104.06.1(c)(5). (Amended by Ord. No. 187,459, Eff. 4/15/22.)

5. Business Premises. Social Equity Individual Applicants selected during the Application lottery shall have until December 31, 2026, to submit their Pre-Application Record using a compliant property in any Community Plan Area that has not reached Undue Concentration on a first come, first served basis until each Community Plan Area has reached Undue Concentration. Social Equity Individual Applicants shall submit a Pre-Application Record through the DCR Licensing Portal, including all documents as determined by DCR, and pay a Pre- Application Review Fee pursuant to Section 104.19 for DCR to determine the eligibility of a proposed Business Premises location pursuant to Section 104.03(a) and Article 5 of Chapter X of this Code. Pre-Application Records shall be processed by DCR in the order filed. A Social Equity Individual Applicant whose Business Premises location is deemed ineligible under Section 104.03(a) and/or Article 5 of Chapter X of this Code shall be permitted to submit new Pre- Application Record(s) identifying new Business Premises location(s), subject to the payment of any applicable fee in Section 104.19, and provided that the new Business Premises location(s) is submitted prior to December 31, 2026. If the Pre-Application Record is eligible for further processing, the Social Equity Individual Applicant shall submit an Annual License Application through the DCR Licensing Portal, including all required information, forms, and documents, within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Record is eligible for further processing. (Amended by Ord. No. 188,069, Eff. 12/15/23.)

6. Additional Application Lottery. If additional capacity is available in any Community Plan Area after a lottery ends, DCR will hold another lottery pursuant to Subsection (c)(4).

7. Application Fees. An Applicant shall pay all required application fees pursuant to Section 104.19 within 30 days of being issued an invoice by DCR, or the application shall be deemed abandoned. (Amended by Ord. No. 186,919, Eff. 2/24/21.)

(d) Public Convenience or Necessity Application Processing. (Amended by Ord. No. 187,095, Eff. 7/1/21.) In addition to Type 10 applications processed in Round 1 and Round 2 under this section, on or after September 3, 2019, DCR shall process any Type 10 application with a Business Premises located in a Community Plan Area that has reached Undue Concentration if the Applicant meets the following requirements:

1. The Applicant has an individual Owner who is a Social Equity Individual Applicant who has been verified pursuant to Section 104.20;

2. The Applicant submits a Pre-Application and pays a Pre-Application Review Fee pursuant to Section 104.19 for DCR to determine compliance of the Business Premises location pursuant to Section 104.03(a)(3) and Article 5 of Chapter X of this Code;

3. The Business Premises location complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code, and the Applicant submits, in a form and manner determined by DCR, all required documents and information;

4. The City Council, pursuant to Section 104.03(a)(4), has found that approval of the application would serve public convenience or necessity;

5. Applicants who submit an application that meets the requirements of Subdivisions 1., 2., 3. and 4. of this subsection shall then submit a Temporary Approval Application Fee pursuant to Section 104.19 within 30 days of the City Council’s action becoming final. Applicants shall also submit, in a form and manner determined by DCR, the information and documents required in Section 104.06(d). An Applicant who fails to meet these requirements in the time allotted by DCR shall have its application deemed abandoned.

6. Applicants who submit an application that meets the requirements of this subsection shall be eligible for further processing pursuant to Section 104.06.

7. An Applicant shall pay all required application fees under Section 104.19 within 30 days of being issued an invoice by DCR or its application shall be deemed abandoned.

(e) Type 9 Application Processing.

1. Applicant Eligibility Verification. Social Equity Individual Applicants verified pursuant to Section 104.20(a) or (b) may participate in application processing under this subsection. DCR’s determination of whether an individual is a Social Equity Individual Applicant shall be made with no hearing, is final and not appealable.

2. Application Period. DCR shall, on a date beginning at its sole discretion, accept applications for processing under this subsection, provided that it posts written notice on its website at least 15 calendar days before the start date of the processing period. To be eligible for processing under this subsection, a Type 9 Applicant shall submit the following application documents: (1) a copy of an executed lease agreement with proof of a deposit or property deed for its Business Premises; (2) a Business Premises diagram; and (3) a dated radius map including horizontal lines and labeling of any sensitive uses relative to a Type 9 License.

3. An Applicant who submitted a complete application pursuant to Subsection (b) of this section, but was ineligible for further processing because its Business Premises was in a Community Plan Area that reached Undue Concentration or was within a 700-foot radius of another Type 10 application, shall receive priority processing for a Type 9 License relative to all other Social Equity Applicants applying for Type 9 License.

4. Application Fees. An Applicant shall pay all required application fees pursuant to Section 104.19 within 30 days of being issued an invoice by DCR, or its application shall be deemed abandoned. (Amended by Ord. No. 186,919, Eff. 2/24/21.)

(f) Non-Retail Application Processing.

1. Applicant Eligibility Verification. Social Equity Applicants verified pursuant to Section 104.20(a) or (b) may participate in application processing under this subsection. DCR’s determination of whether an individual is a Social Equity Individual Applicant shall be made with no hearing, is final and not appealable.

2. Application Period. DCR shall, on a date beginning at its sole discretion, accept applications for processing under this subsection, provided that it posts written notice on its website at least 15 calendar days before the start date of the processing period. To be eligible for processing under this subsection, an Applicant shall submit the following application documents: (1) letter from the landlord or other evidence of a legal right to occupy the Business Premises; (2) a Business Premises diagram; and (3) a dated radius map including horizontal lines and labeling of any sensitive uses relative to a Type 10 License. (Amended by Ord. No. 187,095, Eff. 7/1/21.)

3. Application Fees. An Applicant shall pay all required application fees pursuant to Section 104.19 within 30 days of being issued an invoice by DCR, or its application shall be deemed abandoned. (Amended by Ord. No. 186,919, Eff. 2/24/21.)

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