(a) Every applicant for a Cannabis Consumption Permit shall file an application with the Director upon a form provided by the Director and provide such additional information as may be required by the Director, in the exercise of his or her discretion. Every applicant shall pay a nonrefundable application fee, unless the applicant is eligible for a fee waiver or reduction, as authorized by ordinance.
(b) A person may not file and the Director may not accept an application for a Cannabis Consumption Permit until after the Director has adopted rules, regulations, and/or guidelines to establish the minimum health and safety standards applicable to Permittees, as set forth in Section 8A.8.
(c) Upon receipt of a complete application, the Director shall refer the application to the Planning Department, the Department of Building Inspection, and Fire Department (the “Referring Departments).1
The Referring Departments shall determine whether an inspection of the premises is warranted in light of the type of Cannabis Consumption Permit sought and any inspection history at the premises, and shall conduct inspections as may be required. Said departments shall advise the Director in writing whether they recommend approval or denial of the application for the Cannabis Consumption permit, and the basis for that recommendation.
(d) Upon review of a complete application and consideration of the recommendations of the Referring Departments, the Director shall either grant or deny a permit, as specified in more detail in subsections (e) and (f) of this Section 8A.4.
(e) In granting a permit, the Director may impose conditions as are, in his or her judgment, necessary to protect the health and safety of the Permittee’s employees and customers.
(f) No Cannabis Consumption permit shall be issued if the Director finds that:
(1) The applicant has provided materially false information or documents (which includes omitting material information or documents) in support of the application.
(2) The applicant failed to submit a complete application and/or did not provide all of the information required in connection with the application.
(3) The applicant has not demonstrated that it can meet the health and safety standards adopted by the Director under Section 8A.8.
(4) The applicant for a Cannabis Smoking permit has not demonstrated to the Director’s satisfaction that the Designated Smoking Room meets or will meet the ventilation standards set forth in subsection (i) of Section 8A.6, or the ventilation standards set forth in subsection (g)(4) of this Section 8A.4, where applicable.
(5) A Referring Department recommends that the application be denied and states a sound basis for such recommendation.
(6) The on-site Consumption of Cannabis or Cannabis Products, if permitted, would not comply with all applicable laws, including but not limited to the Building, Planning, Housing, Police, Fire, and Health Codes, and the Medicinal and Adult Use Cannabis Regulation and Safety Act, 2017 Cal. Legis. Serv. Ch. 27 (S.B. 94), and its implementing regulations, as may be amended from time to time.
(g) Notwithstanding anything in this Article 8A, a Medicinal Cannabis Retailer, Cannabis Retailer, or Cannabis Microbusiness that applies for a Cannabis Smoking Consumption Permit (“Cannabis Smoking Permit Applicant”) may allow Smoking on the Premises until such time as its application for a Cannabis Consumption permit has been approved or denied by the Director, provided that:
(1) The Cannabis Smoking Permit Applicant previously held a permit to operate a Medical Cannabis Dispensary at the same location, issued by the Director under Article 33 of the Health Code, or demonstrates to the Director’s satisfaction that it had operated in compliance with the Compassionate Use Act of 1996, and was forced to discontinue operations as a result of federal prosecution or threat of federal prosecution;
(2) The Cannabis Smoking Permit Applicant was not prohibited by the Planning Department, the Planning Commission, or the Director from allowing smoking on the premises of the formerly permitted Medical Cannabis Dispensary;
(3) The Cannabis Smoking Permit Applicant submits its application for a Cannabis Smoking Consumption Permit not less than 30 days after such applications are made available by the Director; and
(4) The Cannabis Smoking Permit Applicant demonstrates that it provides adequate ventilation within the structure such that doors and/or windows are not left open for such purposes resulting in odor emission from the premises.
(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)
CODIFICATION NOTE