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(A) Any time the cultivation, dispensing, testing, manufacturing, and distribution location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in §§ 6-5.18 and 6-5.28.
(B) Within 15 calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this chapter, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee.
(Ord. 977 C.S., passed 6-16-21)
(A) The owner of a cannabis business permit shall not transfer ownership or control of the permit to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with all provisions of this chapter (as though the transferee were applying for an original cannabis business permit). The proposed transferee's application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee).
(B) The City Manager shall conduct a hearing to determine whether the transferee satisfies the eligibility requirements for a new permit. The transferee's application will be treated as a new application and will be evaluated according to the procedures used for the existing application and for renewal of applications. This will require a complete evaluation of the application and an interview of the applicant prior to the hearing, including a determination of whether the transfer involves a substantial change in ownership (any alteration in the permittee's business structure/ownership that results in a change of 51% or more of the original ownership). Following the hearing, the City Council must approve the transfer in order for it to be authorized, as provided in division (D) of this section. If the transfer involves a lesser percentage of the change in ownership than the threshold cited above, then the hearing will be administrative in nature and City Council approval will not be required for the transfer to be authorized.
(C) Cannabis business permits issued through the grant of a transfer by the City Manager shall be valid for a period of one year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit and pay the appropriate fee in the manner required by this chapter.
(D) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51% of the original ownership), must be approved by the City Council following completion of the transfer process contained in division (A). Failure to comply with this provision is grounds for permit revocation.
(E) A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided:
(1) The membership of the new business entity is substantially similar to original permit holder business entity (at least 51% of the membership is identical).
(2) Although a transfer is not required in this circumstance, the permit holder is required to notify the City Manager in writing of the change within ten days. Failure to comply with this provision is grounds for permit revocation.
(F) A cannabis business permit shall not be transferred when the city has notified the permittee in writing that the permit has been or may be suspended or revoked.
(G) Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared a violation of the permit and this chapter. Such a purported transfer shall be deemed a ground for revocation of the permit.
(Ord. 977 C.S., passed 6-16-21)
Prior to commencing operations, a cannabis business permitee shall be subject to a mandatory building inspection and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the Fire Department approvals, Police Department approval, Code Enforcement, Planning, County Health Department approvals and other applicable zoning and land use permit(s) and approvals.
(Ord. 977 C.S., passed 6-16-21)
(Ord. 977 C.S., passed 6-16-21)
Prior to the city's issuance of a cannabis business permit pursuant to this chapter, any person intending to open and to operate a cannabis business shall first provide sufficient evidence of the legal right to occupy and to use the proposed location. If the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this chapter and consents to the operation of the cannabis business on the owner's property.
(Ord. 977 C.S., passed 6-16-21)
(A) A cannabis business must meet land use and building standards pursuant to Title X of this Code:
(1) Conform with the city's general plan, any applicable specific plan, master plan, and design requirements.
(2) Comply with all applicable zoning and related development standards pursuant to Title X of this Code.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.
(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.
(5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.
(B) A cannabis business must meet all of the following requirements:
(1) Shall be no closer than 600 feet from any zoned parcel in the city designated by state law as a sensitive use. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels to the closest property line of the lot on which the cannabis business is located.
(2) Shall not be closer than 600 feet from any parcel containing any of the following:
(a) A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);
(b) A commercial daycare center licensed by the state, county or city or that is in existence at the time the license is issued, unless the state licensing authority or the city specifies a greater radius;
(c) A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the permit is issued, unless the state licensing authority or the city specifies a greater radius.
(C) The distance requirements prescribed in this section (§ 6-5.33) shall not apply to:
(1) The Fresno River;
(2) Rotary Park, Courthouse Park, Wells Center (including the community garden and Centennial Park), Frank Bergon Center, and Lions Town and Country Community Park;
(3) Madera County Fairgrounds;
(4) Madera Municipal Golf Course;
(5) Madera County Library; and
(6) Madera Downtown Business Improvement Area as depicted in the following diagram.
(Ord. 977 C.S., passed 6-16-21; Am. Ord. 980 C.S., passed 11-3-21)
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