(a) A Medical Cannabis Collective, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer may only operate a facility in the unincorporated area of San Diego County if a valid Operating Certificate has been issued by the Planning & Development Services Department to a member of the collective or owner and/or officer of the Commercial Cannabis Microbusiness or Commercial Cannabis Retailer facility. The Department of Planning & Development Services shall not issue new Operating Certificates except to those facilities which were lawfully established prior to April 14, 2017.
(b) The procedure for obtaining an Operating Certificate, including appeals of denials and revocations, shall be as set forth in Chapter 1 of the County of San Diego Uniform Licensing Procedure, except as set forth in this chapter and in addition, shall be subject to the specific requirements and regulations set forth in this chapter.
(c) The application for an Operating Certificate shall be developed by the Department of Planning & Development Services. At a minimum, the application developed by the Department of Planning & Development Services shall require the applicant(s) to provide sufficient information deemed necessary by the Department of Planning & Development Services to make an initial determination that (1) the applicant(s) will be operating a legitimate facility in compliance with state law and this ordinance, and (2) the applicant(s) is or are the owner(s) of the property for which the Operating Certificate is sought or have the written permission of the owner(s) of the property for which the license is sought.
(d) As a condition for obtaining an Operating Certificate from the Department of Planning & Development Services, the applicant must show proof that the location has been approved by the Zoning Division, and a building permit (including a tenant improvement permit) has been applied for if required by the California Building Code.
(e) The application, which upon completion shall be signed by the applicant(s), shall also require the applicant(s), at a minimum, to make the following express representations:
(1) That no activities prohibited by state law will occur on or at the Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer with the knowledge of the responsible person(s).
(2) That the Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer and all of its members, owners, and/or officers will comply with all provisions of this chapter and state law pertaining to cannabis.
(f) An Operating Certificate issued pursuant to this section shall be valid only for the address for which it was issued.
(g) Section 21.108(c) of the County of San Diego Uniform Licensing Procedure shall not apply to the issuance of Operating Certificates for Medical Cannabis Collective Facilities, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer.
(h) The applicant(s) shall provide to the Department of Planning & Development Services along with a completed application and fee for the Operating Certificate, evidence that any required building permit (including a tenant improvement permit) issued by the Department of Planning and Development Services has passed final inspection and occupancy approval has been issued before Planning & Development Services’ Operating Certificate can be effective.
(i) For purposes of facilitating the provisions of this ordinance, a Medical Cannabis Collective Facility, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer must have a unique identifying name that will be entered onto the application for an Operating Certificate.
(j) The fee for an Operating Certificate shall be as provided in section 362.1 of the County Code of Administrative Ordinances for Cannabis Facility Operation Certificate.
(k) The application for an Operating Certificate shall designate and identify one or more persons as responsible persons. The designated responsible person(s) shall include the applicant(s). Operating Certificates may be transferred to others by the following procedure: upon request of all responsible persons listed on an Operating Certificate, the proposed transferee(s) shall apply to the Department of Planning & Development Services for a new Operating Certificate as required by this section. Upon issuance of a new Operating Certificate, the transferor's Operating Certificate shall expire. Removal of all responsible persons originally listed on an Operating Certificate shall constitute a transfer. Operating Certificates may also be updated to add responsible persons or include additional cannabis activities, subject to a reduced application fee reflecting Department of Planning & Development Services actual cost of any necessary background checks or investigation.
(l) An Operating Certificate shall not be issued where a responsible party has a felony conviction.
(Added by Ord. No. 10060 (N.S.), effective 7-30-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10474 (N.S.), effective 4-21-17; amended by Ord. No. 10751 (N.S.), effective 11-19-21; amended by Ord. No. 10812 (N.S.), effective 12-16-22)