(A) The City Manager shall adopt a procedure guideline and review criteria by which the top applicants in each category of each commercial cannabis business shall be evaluated in a final determination by the City Manager.
(B) At least ten (10) days prior to the public hearing, notice of the public hearing shall be sent to all property owners located within six hundred feet (600') of the proposed business locations of each of the finalists to be considered by the City Manager. The applicant shall also post a sign on the property where the proposed cannabis business is to be located. The size and location of the sign shall be determined by the Development Services Department and shall state that there is an application pending for the operation of a cannabis business on that property. The notification shall include the type of cannabis business being proposed, and contact information for the Development Services Department for more information including the date, time and location of the public hearing on the application.
(C) Official issuance of the commercial cannabis business permit(s), however, is conditioned upon the prevailing candidate(s) obtaining all required land use approvals. Following the City Manager's selection, the prevailing candidate(s) shall apply to the City's Development Services Department to obtain any required land use approvals or entitlements for the permittee's location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. The City Manager or his/her designee(s) shall formally issue the commercial cannabis business permit(s) once the Development Services Director or his/her designee(s) affirms that all of the required land use approvals have been obtained.
(D) The City Manager shall either deny or approve the final candidates and shall select the top candidates in each category of the commercial cannabis businesses. The City Manager's decision as to the selection of the prevailing candidates shall be final, pending an appeal to the City Council, if such an appeal is filed.
(E) Issuance of a commercial cannabis business permit does not create a land use entitlement. The commercial cannabis business permit shall only be for a term of twelve (12) months and shall expire at the end of the twelve (12) month period unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the State and local laws and regulations, including but not limited to the requirements of this chapter and of the permit, have been complied with and until a State license is available and obtained by the permitted operator as set forth in section 5-28-16 of this chapter.
(F) Notwithstanding anything in this chapter to the contrary, the City Manager reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this chapter.
(G) If an application is denied, a new application may not be filed for one year from the date of the denial.
(H) Each person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business permit program created in this chapter. (Ord. 1694, 10-9-2018)