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SEC. 104.03. APPLICATION PROCEDURE.
   (Amended by Ord. No. 186,703, Eff. 7/10/20.)
 
   (a)   Application – Pre-Application Review. Prior to filing an Application pursuant to Subsection (b), an Applicant shall submit a Pre-Application Review record through the DCR Licensing Portal, including all information, forms and 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)(3) and Article 5 of Chapter X of this Code. Pre-Application Review records that are incomplete or missing required information, forms or documents shall not be eligible for further processing. If the Pre-Application Review record is deemed 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 Review record is eligible for further processing. A Pre-Application Review record shall be deemed abandoned pursuant to Section 104.03(h) 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 the Pre-Application Review, subject to payment of any additional fees under Section 104.19(h). If the Applicant fails to provide the additional information, forms or documents in the time allotted by DCR, the Application shall be deemed abandoned. An Applicant whose Business Premises location is deemed ineligible under Section 104.03(a)(3) or Article 5 of Chapter X of this Code shall not be permitted to amend their Pre-Application Review record, but may submit a new Pre-Application Review record subject to the payment of applicable fee(s) in Section 104.19. (Amended by Ord. No. 187,459, Eff. 4/15/22.)
 
   1.   Primary Personnel convicted of any of the following offenses within the time specified shall be disqualified in any of the following circumstances and are prohibited from applying for or holding a Temporary Approval or License. Primary Personnel may be subject to LiveScan or a similar review of criminal history. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   (i)   Illegal volatile Cannabis manufacturing under Health and Safety Code Section 11379.6 for a period of five years from the date of conviction.
 
   (ii)   A violation of any State or local law involving wage or labor for a period of five years from the date of conviction.
 
   (iii)   A violation of any law involving distribution of Cannabis to minors for a period of five years from the date of conviction.
 
   (iv)   Illegal Commercial Cannabis Activity after April 1, 2018, for a period of five years from the date of conviction.
 
   (v)   A violation of any State or local law involving distribution or sales of tobacco or alcohol to minors for a period of five years from the date of conviction.
 
   (vi)   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 for a period of 20 years from the date of conviction or completion of a term of imprisonment, supervised release or probation imposed as a sentence for the conviction, whichever is later.
 
   (vii)   A felony conviction for a crime involving fraud, deceit, or embezzlement for a period of 20 years from the date of conviction. In addition, an individual with a felony conviction under this paragraph shall be prohibited from serving as an authorized agent or agent for service of process on any Application.
 
   (viii)   A civil judgment concerning illegal Commercial Cannabis Activity for a period of 5 years from the date of the judgment. (Added by Ord. No. 187,095, Eff. 7/1/21.)
 
   2.   Persons are prohibited from being Owners of Persons applying for or holding a Temporary Approval or License and shall be disqualified in any of the following circumstances:
 
   (i)   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.
 
   (ii)   Any entity that is incorporated outside of the United States.
 
   3.   In the following circumstances a Business Premises location is ineligible for Licensure:
 
   (i)   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 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.
 
   (ii)   The Business Premises was the site of illegal volatile Cannabis manufacturing under Health and Safety Code Section 11379.6 as evidenced by a conviction, for a period of five years from the date of conviction.
 
   (iii)   The Business Premises was the site of distribution of Cannabis to minors as evidenced by a conviction, for a period of five years from the date of conviction.
 
   (iv)   The Business Premises was the site of any illegal Commercial Cannabis Activity after April 1, 2018, as evidenced by a conviction, for a period of five years from the date of conviction.
 
   (v)   The Business Premises was the site of a disconnection of utilities under Section 104.15(e) for a period of five years from the date of the disconnection.
 
   (vi)   The Business Premises was the site of padlocking under Section 104.15.1 for a period of five years from the date of the padlocking. (Added by Ord. No. 187,095, Eff. 7/1/21.)
 
   4.   Public Convenience or Necessity Process. (Amended by Ord. No. 187,095, Eff. 7/1/21.) 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 City Council, the Applicant shall submit Pre-Application and pay 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.
 
   (i)   If DCR determines that the Pre-Application 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 for a new proposed location, subject to the payment of fees under Section 104.19.
 
   (ii)   If DCR determines the Pre-Application 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 shall also pay a Public Convenience or Necessity Application Fee pursuant to Section 104.19(g) 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. The Applicant shall engage with and seek written input from the following key stakeholders for the area in which the proposed Business Premises will be located, which at a minimum should include: 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 their position on the application request. DCR shall promulgate standards subject to City Council approval by resolution, which may be amended from time to time. DCR shall provide written notice of the Applicant's request pursuant to Section 104.05(b). If the City Council does not act on the Applicant's request within 90 calendar days of the City Clerk's date of receipt, then 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 License 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 – Filing and Fees. DCR shall consider a Temporary Approval Application or annual License Application filed following: (i) a determination of eligibility pursuant to Subsection (a); (ii) the submission of all required and completed Temporary Approval or annual License information, forms, and documents to DCR's Licensing Portal; and (iii) and the payment of the applicable application fee(s) for each Commercial Cannabis Activity pursuant to Section 104.19. An Applicant shall submit all required information, forms, and documents pursuant to the Rules and Regulations. The applicable Temporary Approval Application Fee(s) or Annual License Application Fee(s) are due within 30 days from the date of the invoice. If the fees are not paid within the allotted time, the Application shall be deemed abandoned pursuant to Section 104.03(h). (Amended by Ord. No. 187,459, Eff. 4/15/22.)
 
   (c)   Application – Determination of Completeness. DCR shall determine if the Application is complete as provided in the Rules and Regulations. A determination of completeness includes an Initial Inspection and environmental clearance as required by Section 104.06(e). The applicant shall pay the applicable environmental assessment fee pursuant to Section 104.19(c). 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(h). If the Applicant fails to provide the additional information, documents or payment in the time allotted by DCR, the Application shall be deemed abandoned. An Annual License Application Fee for each Commercial Cannabis Activity pursuant to Section 104.19 shall be paid within 30 days of DCR's determination that the Application is complete. If the fees are not paid within the allotted time, the application shall be deemed abandoned. DCR will conduct a Final Inspection and, when applicable, schedule a community meeting pursuant to Section 104.04. (Amended by Ord. No. 186,919, Eff. 2/24/21.)
 
   (d)   Application – Withdrawal. An Applicant may withdraw an Application prior to the City's approval or denial of the License. An Application shall not be considered withdrawn until DCR has consented to its withdrawal in writing. An Applicant may re-apply at any time 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. A request to withdraw an application must be submitted in writing, dated and signed by the Owner(s) representing a majority ownership share. Withdrawal of an application 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.
 
   (e)   Application – Modification. An Applicant or Licensee shall not make modifications to an Application or License without prior written approval by DCR in accordance with this subsection. 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(h). Upon payment, DCR, in its sole discretion, will review the modification request and determine if it is eligible for further processing. DCR's determination is final and not appealable. If the requested modification(s) can be further considered, 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 and received. DCR may require Licensees to obtain approval for the proposed modification(s) from the State licensing agency or other applicable agency(ies). DCR may also require business entities formed as corporations, limited partnerships or limited liability companies to update their filings with the California Secretary of State. Applicants may submit a modification request(s) through the DCR Licensing Portal a period of 60 days after the submission of a Temporary Approval Application, subject to the payment of any required modification fee(s) pursuant to Section 104.19. 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 or Temporary Approval is issued. DCR shall notify the Applicant or Licensee by electronic mail when the requested modification has been fully processed. Persons shall not be permitted to sell, lease, lend, or otherwise transfer an Application, Temporary Approval, or License separate and apart from a transfer of the Person who owns the Application, Temporary Approval, or License. (Amended by Ord. No. 187,459, Eff. 4/15/22.)
 
   1.   Business Premises Relocation. An Applicant or Licensee shall not relocate Commercial Cannabis Activity without prior written approval by DCR. The Applicant or Licensee shall submit a modification request form and pay the required Modification Request Form Review fee pursuant to Section 104.19. Upon payment of the modification fee, DCR shall review the relocation request and notify the Applicant or Licensee if the proposed location complies with Article 5 of Chapter X of this Code. Upon notification, the Applicant or Licensee shall provide at a minimum: (1) a copy of an executed lease or property deed for the new location; (2) a landowner acknowledgment that the Applicant or Licensee has the right to occupy the property for Commercial Cannabis Activity for which the Applicant or Licensee is seeking a license; (3) a site plan; and (4) a Business Premises diagram. Upon notification, the Applicant or Licensee shall pay the Business Premises Relocation Fee pursuant to Section 104.19. An Applicant shall not conduct Commercial Cannabis Activity at the new Business Premises location until Temporary Approval is issued at that location. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   (i)   An Applicant or Licensee applying for or authorized to conduct non-volatile manufacturing (Type 6), Non-Storefront Retailer (Type 9) and distribution (Type 11) may relocate to another location within the City subject to Subdivision 1. of this section.
 
   (ii)   An Applicant or Licensee applying for or authorized to conduct cultivation (Types 1A, 1C, 2A, 3A, 5A), volatile manufacturing (Type 7), and retail store-front (Types 10, 12) activities may relocate within the same Community Plan Area provided the Community Plan Area has not reached Undue Concentration and subject to Subsection (e)(1). A relocation request within the same Community Plan Area which has reached Undue Concentration may be permitted provided the application was submitted prior to the Community Plan Area reaching Undue Concentration.
 
   (iii)   If the application was submitted pursuant to a finding by the City Council that approval of the license would serve the public convenience or necessity, the relocation request shall comply with the following requirements:
 
   (1)   Businesses without a License. If the City Council found that approval of the Application would serve the public convenience or necessity for the original Business Premises location and DCR has not issued a License at the location, the Applicant shall request that the City Council find that approval of the License application at the new Business Premises location within the community plan area would serve the public convenience or necessity pursuant to Section 104.03(a)(4) and subject to Subsection (e)(1).
 
   (2)   Businesses with a License. If the City Council found that approval of the Application would serve the public convenience or necessity for the original Business Premises location and DCR has issued a License at that location, the Licensee may be permitted to relocate within the same Community Plan Area which has reached Undue Concentration subject to Subsection (e)(1).
 
   (iv)   Relocations for Applicants Under Section 104.06.1(b). Applicants deemed eligible for further processing under Section 104.06.1(b) may submit one relocation request prior to December 31, 2021, and not be subject to the Business Premises Relocation Fee. Applicants shall pay Modification Request Form Review fee(s) pursuant to Section 104.19. For the purposes of compliance with LAMC Sections 105.02(a)(1)(B) or 105.02(a)(2)(B), the payment of the Modification Request Form Review fee(s) shall be the "Application Date" under LAMC Section 105.01. Any subsequent relocation request(s) shall be subject to payment of the Business Premises Relocation Fee and LAMC Sections 105.02(a)(1)(B) or (a)(2)(B). (Added by Ord. No. 187,095, Eff. 7/1/21.)
 
   (v)   Relocations After the Issuance of Temporary Approval. If a Licensee has been issued Temporary Approval or a License for the location from which it seeks to relocate, the Licensee shall request cancellation of its Temporary Approval or License at that location before Temporary Approval or a License at the new Business Premises location may be issued. The Applicant or Licensee shall meet the Temporary Approval and/or License requirements at the new location. (Amended by Ord. No. 187,459, Eff. 4/15/22.)
 
   2.   Ownership Structure. Except for the Social Equity Individual Applicant who is an Owner on an application subject to processing under Section 104.06.1, DCR shall review and approve modifications to ownership for an Applicant's or Licensee's Applications, Temporary Approvals or Licenses. 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). Applications, Temporary Approvals, and Licenses are not transferable or assignable to another Person unless a request is submitted and approved by DCR. Business entities formed as corporations, limited partnerships, or limited liability companies must update their filings with the California Secretary of State. 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 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 Application, Temporary Approval, or License; (4) organizational chart showing all owners and entities in any multi-layer business structure; and (5) any additional information or documents DCR deems necessary to consider the request. Applicants and Licensees subject to Section 104.20 shall also provide all business records and agreements necessary to demonstrate that the Social Equity Individual Applicant owns the minimum Equity Share required under Section 104.20(a)(2). Modifications to the ownership structure shall be made in accordance with the following: (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   (i)   All entities and individuals with a financial interest shall be disclosed to DCR. This includes all entities 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 Persons until only individuals remain.
 
   (ii)    If at least one existing Owner is not transferring his or her ownership interest and will remain as an Owner under the new structure, the business may continue to operate if a Temporary Approval or License has been issued while DCR reviews the eligibility of the new Owner(s) pursuant to Section 104.03(a)(1) and (2).
 
   (iii)   If all Owners will be transferring their ownership interest, the Applicant or Licensee shall resubmit all application documents and pay all required application fees. The business shall not operate under the new ownership structure until a new License has been issued by DCR.
 
   (iv)   A change of ownership does not occur when one or more Owners leave the business by transferring their ownership interest to the other existing Owner(s).
 
   (v)   In cases when an Owner leaves the business by transferring their ownership interest to other existing Owner(s), written approval shall be required from the Owner that is transferring the ownership interest.
 
   3.   Legal Entity Name Change. Business entities formed as corporations, limited partnerships or limited liability companies must register with the California Secretary of State and provide the Entity (File) Number to DCR upon application submission. Applications, Temporary Approvals, or Licenses may change the legal entity name under which the Application, Temporary Approval, or License was submitted or issued, provided that the Entity (File) Number registered with the Secretary of State remains the same. The Applicant or Licensee shall submit a modification request form and pay the required modification fee pursuant to Section 104.19 within 30 days of the date the invoice is issued. 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 or agencies. DCR may require that a new Application be submitted if it determines that the Application, Temporary Approval, or License has been sold, leased, lent, or otherwise transferred to another Person and shall deem the existing Application abandoned. Any new Application will be considered in the order received with respect to sensitive uses and, if applicable, to activities subject to Undue Concentration. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   4.   Physical Modification of Business Premises. An Applicant or Licensee shall not perform interior physical modifications, alterations, additions, or expansions of the Business Premises without written approval from DCR. The Applicant or Licensee shall submit a modification request form and pay the required modification fees pursuant to Section 104.19. Requests to modify the Business Premises shall comply with the following: (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   (i)   Except for business subject to Paragraph (ii), expansion of the Business Premises shall be limited to 50 percent of the existing Business Premises floor area before the addition, or 2,500 square feet, whichever is less, and shall comply with Article 5 of Chapter X of this Code. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   (ii)   Any Business Premises expansion by EMMDs shall comply with: (1) the distance and sensitive use restrictions of Los Angeles Municipal Code Section 45.19.6.3 L. and O. of Proposition D notwithstanding those restrictions are or would have been repealed; (2) the zoning requirements of Article 5 of Chapter X of this Code; and (3) any physical expansion that involves cultivation Commercial Cannabis Activity shall be limited to the maximum Cultivated Area allowed by the cultivation License type issued by DCR. (Added by Ord. No. 187,095, Eff. 7/1/21.)
 
   (iii)   The Applicant or Licensee shall submit a proposed Business Premises diagram which clearly indicates the proposed construction, alterations, addition, or expansion of the Business Premises. The diagram shall be drawn to scale (1/8" = 1' - 0" minimum scale) with dimensions and indicate the existing floor area, the added floor area, and clearly label each Commercial Cannabis Activity on the Business Premises and all ancillary uses.
 
   (iv)   An Applicant or Licensee may increase the cultivation area within the existing Business Premises, or may expand the existing Building Premises floor area in accordance with Paragraph (i), provided that the resulting cultivation area does not exceed the maximum cultivation area allowed for the license type under which the Application was submitted.
 
   (v)   Additional Requirements. If applicable, 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 Applicant or Licensee has the right to occupy the Business Premises; (3) a site plan if the Business Premises diagram has been expanded; and (4) any additional documents or information DCR deems necessary to consider the request.
 
   5.   Fictitious Business Name Change. Applicants who register a Fictitious Business Name (FBN) with the Los Angeles County Registrar must provide the FBN to DCR upon application submission. A new FBN, or a change to the existing FBN after the Application is submitted, must be requested by submitting a modification request form and paying the required modification fees pursuant to Section 104.19. The Applicant or Licensee shall submit the necessary documents to demonstrate that the changes have been registered with the Los Angeles County Registrar and approved by the State. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   6.   Other Modifications. DCR may consider other application 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. (Amended by Ord. No. 187,095, Eff. 7/1/21.)
 
   7.   Modification Review. DCR shall require the modification information, documents or forms that are described in the Rules and Regulations for each type of modification request. (Added by Ord. No. 187,459, Eff. 4/15/22.)
 
   (f)   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.
 
   (g)   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 may also 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. (Added by Ord. No. 186,919, Eff. 2/24/21.)
 
   (h)   Abandonment. An Application or modification request may be deemed abandoned if DCR determines, at any time and in its sole discretion, that an Application or modification request is incomplete, fee payments required under Section 104.19 are not timely paid, or information, forms or documents have not been provided within the time allotted by DCR. 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. (Amended by Ord. No. 187,459, Eff. 4/15/22.)
 
   (i)   Refiling – Social Equity Applications. (Added by Ord. No. 187,459, Eff. 4/15/22.) The Social Equity Individual Applicant associated with a Social Equity Applicant that has a Temporary Approval Application deemed abandoned under Section 104.03(h) after January 1, 2022, may refile an Application subject to the requirements of this subsection. If more than one Social Equity Individual Applicant is listed on the initial Temporary Approval Application, the refiled Application shall be submitted by the original Social Equity Applicant entity. The refiling process shall be initiated through the DCR Licensing Portal within one (1) calendar year of the date DCR notifies the Social Equity Applicant by electronic mail that the original Temporary Approval Application is deemed abandoned.
 
   1.   To refile, the Applicant shall submit a new Pre-Application Review record under Section 104.03(a). If DCR determines the proposed Business Premises location complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code, the Applicant shall submit a Temporary Approval 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), within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the Pre-Application Review record is eligible for further processing. The Applicant shall submit payment of all required fees, pursuant to Section 104.19, by the dates listed on the invoice(s). If a Pre-Application Review record filed pursuant to this subsection is ineligible for further processing, the Applicant shall be permitted to submit new a Pre-Application Review 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 within the original one (1) calendar year time limitation.
 
   2.   The refiled Temporary Approval Application may not seek authorization to conduct any Commercial Cannabis Activities not listed in the original Temporary Approval Application or outside the Community Plan Area listed in the original Temporary Approval Application. A refiled Temporary Approval Application is not subject to a finding of Undue Concentration. Applications originally subject to a finding of public convenience or necessity under Section 104.04(a)(4) shall be refiled at the same proposed Business Premises, otherwise the procedures for refiled Applications are unavailable.
 
   3.   A refiled Temporary Approval Application that is later deemed abandoned for any reason may not be refiled.
 
   4.   Temporary Approval Applications abandoned, for any reason, prior to January 1, 2022, may not be refiled.
 
   5.   Temporary Approval Applications previously denied, denied by operation of law, or deemed ineligible for further processing may not be refiled.
 
   (j)   Refiling – General Applications. (Added by Ord. No. 187,459, Eff. 4/15/22.) An Applicant not subject to the provisions of Section 104.20 with a Temporary Approval Application deemed abandoned under Section 104.03(h) after January 1, 2022, may refile an Application subject to the requirements of this subsection. The refiling process shall be initiated through the DCR Licensing Portal within one (1) calendar year of the date DCR notifies the Applicant by electronic mail that the original Temporary Approval Application is deemed abandoned.
 
   1.   To refile, the Applicant entity shall submit a new Pre-Application Review record under Section 104.03(a). If DCR determines the proposed Business Premises location complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code, the Applicant shall submit a Temporary Approval 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 Review record is eligible for further processing. The Applicant shall submit payment of all required fees, pursuant to Section 104.19, by the dates listed on the invoice(s). If a Pre-Application Review record filed pursuant to this subsection is ineligible for further processing, the Applicant shall be permitted to submit a new Pre-Application Review 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 within the original one (1) calendar year time limitation.
 
   2.   The refiled Temporary Approval Application may not seek authorization to conduct any Commercial Cannabis Activities not listed in the original Temporary Approval Application or outside the Community Plan Area listed in the original Temporary Approval Application. A refiled Temporary Approval Application is not subject to a finding of Undue Concentration. Applications originally subject to a finding of public convenience or necessity under Section 104.04(a)(4) shall be refiled at the same proposed Business Premises, otherwise the procedures for refiled Applications are unavailable.
 
   3.   A refiled Temporary Approval Application that is later deemed abandoned for any reason may not be refiled.
 
   4.   Temporary Approval Applications abandoned, for any reason, prior to January 1, 2022, may not be refiled.
 
   5.   Temporary Approval Applications previously denied, denied by operation of law, or deemed ineligible for further processing may not be refiled.
 
   (k)   Processing Timeframes. (Added by Ord. No. 187,459, Eff. 4/15/22.) Application and modification processing pursuant to Sections 104.03 or 104.06 shall be conducted within the following timeframes. 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) under 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 Review Processing.
 
   (i)   Within 10 days of the submission of a Pre-Application Review record through the DCR Licensing Portal, DCR shall issue the Applicant a Pre-Application Review Fee invoice. Pre-Application Review records shall comply with the requirements in the Rules and Regulations.
 
   (ii)   Within 30 days of the filing of a Pre-Application Review record, DCR shall determine whether the Applicant's proposed Business Premises complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code and notify the Applicant of DCR's determination by electronic mail.
 
   (iii)   Upon DCR's determination that an Applicant's Business Premises complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code, 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 Review 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 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 Review 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 104.19, 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 conduct its initial review of the Temporary Approval Application for completeness.
 
   (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 or Temporary Approval is issued.
 
   (iii)   If DCR determines that the 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 have been submitted and are 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 Applicant or 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 104.03(a)(3) and Article 5 of Chapter X of this Code and notify the Applicant or Licensee of OCR's determination by electronic mail. Once DCR determines that the proposed Business Premises complies with Section 104.03(a)(3) and Article 5 of Chapter X of this Code, the Applicant or 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 make a determination on 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 Article 4 of Chapter X of this Code or the Rules and Regulations, upon notice from DCR, the Applicant or Licensee shall be permitted to further amend its request as necessary within 30 days to correct any deficiencies, subject to the restrictions on removing or replacing the individual Owner who is the Social Equity Individual Applicant, as specified in Section 104.03(e)(2).
 
   (iii)   If all Owners are transferring their ownership interest pursuant to Section 104.03(e)(2)(iii), 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 by electronic mail that the modification request is eligible for further processing.
 
   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, Temporary Approval, or License 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 on an Application, Temporary Approval, or License, DCR shall make a determination on the modification request. If DCR determines the modification request is eligible for further processing, the Applicant or Licensee shall submit a new Temporary Approval 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 eligible for further processing. Once a new Temporary Approval Application is filed, upon request from the State, DCR shall confirm the Applicant's Temporary Approval Application status is "Local Compliance Underway".
 
   (iii)   DCR shall not issue a Temporary Approval or License to the new Applicant until it meets the requirements for Temporary Approval or a License. If the original Licensee has been issued Temporary Approval or a License, it shall request cancellation of that Temporary Approval or License before Temporary Approval or a License may be issued to the new Applicant entity. The original Licensee may continue to conduct Commercial Cannabis Activity until the License or Temporary Approval expires or the original Licensee requests cancellation of the Temporary Approval or License issued to it, whichever is earlier.