A. A person may apply for a cannabis business permit by filing an application with the city manager. The application must be on a form approved by the city manager and may require any information or documentation consistent with the provisions of this code and state law, including the following:
1. Applicant.
a. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement.
b. The phone number and address to which notice of action on the application and correspondence is to be mailed.
2. Interested parties. The name, address, telephone number, title, and function of each of the interested parties described in section 5.150.070.
3. Background checks. For each of the interested parties identified pursuant to subsection A.2:
a. A legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.
b. A list of their misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.
c. Consent to fingerprinting and a criminal background investigation.
4. Business site.
a. Description. A general description of the proposed business site, including the street address, parcel number, and the total square footage of the site.
b. Floor plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and operating areas. The floor plan must be professionally prepared by a licensed civil engineer or architect.
c. Compliance with the Planning and Development Code. The date of issuance and the file number of the conditional use permit that was approved by the city for the proposed location.
d. Statement of owner's consent. Written consent of the owner or landlord of the proposed site to operate a cannabis business, specifying the street address and parcel number.
5. Security.
a. Security plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan must be prepared by a qualified professional.
b. Lighting plan. A lighting plan showing existing and proposed exterior and interior lights that will provide adequate security lighting for the use.
6. Odor control. A detailed plan describing the air treatment system, or other methods that will be implemented to prevent cannabis odors from being detected outside the buildings on the business site.
7. Business operations.
a. Business plan. A plan describing how the cannabis business will operate in accordance with this code, state law, and other applicable regulations. The business plan must include plans for handling all cash and transporting all cannabis and all cannabis products to and from the site.
b. Community relations contact. The contact information of the person designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses.
c. Tax compliance. The city business operations tax certificate number; a copy of the applicant's most recent financial statements; a copy of the applicant's most recent state and federal signed tax returns; and proof of filing the tax returns with the applicable government agency.
d. Insurance. The applicant's certificate of commercial general liability insurance and endorsements.
e. Budget. A copy of the applicant's most recent annual budget for operations.
8. City authorization. Authorization and consent for the city manager to seek verification of the information contained within the application.
9. Applicant's certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.
10. Indemnification. An agreement, in a form approved by the city attorney, whereby the applicant: (1) releases the city, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (a) any repeal or amendment of this chapter or any provision of the Planning and Development Code relating to cannabis, and (b) any arrest or prosecution of the applicant or its managers, employees, or members for violation of state or federal laws; and (2) defends, indemnifies, and holds harmless the city and its agents, officers, elected officials, and employees from and against any and all claims or actions: (a) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the cultivation site, and (b) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis produced or processed at the site or by the business.
11. State labor peace agreement. Proof of compliance with the state's labor peace agreement requirement under California Business and Professions Code section 26051.5(a)(5) and will maintain a copy of the agreement or notarized statement on site.
B. Every application for a cannabis business permit shall be accompanied by a nonrefundable cannabis business permit program fee.
C. No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a cannabis business permit. (Ord. 2022-0006 § 6; Ord. 2020-0004 § 7; Ord. 2017-0046 § 1)