(A) Prior to initiating operations and as a continuing requisite to conducting commercial cannabis activities from a physical location within the city, the persons or legal representative of the persons wishing to conduct commercial cannabis activities shall obtain a conditional use permit (CUP) from the city under the terms and conditions set forth in this chapter and this subchapter.
(B) CUPs are not transferable without prior approval of the city and any attempt to assign or transfer such permits shall render the CUP null and void.
(C) The number and type of commercial cannabis facilities permitted in the city is limited to one retailer or storefront retailer and one cultivation, distribution, or manufacturing business. The City Council may amend the number of such business by resolution.
(D) The holder of a CUP for a testing facility shall not hold a permit for any other cannabis facility or activity for which a conditional use permit is required under this subchapter, shall not own, or have ownership interest in such a facility, and shall not employ an individual who is also employed by any other permittee that does not hold a testing facility regulatory permit.
(E) A separate CUP application shall be made for each type of cannabis facility, i.e. dispensary, cultivation, manufacturing, testing, or distribution facility, for each license classification specified in Cal. Business and Professions Code § 26050; and for each location at which a cannabis facility will operate. An application for a CUP for each type of cannabis facility shall include, but shall not be limited to, the following information:
(1) The legal name, and any other names under which the facility will operate;
(2) The address of the location and the on-site telephone number, if known, of the cannabis facility;
(3) The following information for each owner, officer, director, and manager of the cannabis facility:
(a) Complete legal name and any alias, address, and telephone number;
(b) Date of birth;
(c) Copy of valid government-issued photo identification card or license;
(d) A list of all criminal convictions, other than for traffic infractions;
(e) Copy of LiveScan application; and
(f) A detailed explanation of the owner's, officer's, director's, or manager's involvement with any other cannabis facility, including, but not limited to, the name and address of the cannabis facility.
(4) An operations plan which shall be in conformance with the requirements of this chapter and shall include at minimum:
(a) A list of the names, addresses, telephone numbers, and responsibilities of each owner, officer, director, and manager of the facility;
(b) The hours and days of operation for the facility;
(c) For cannabis dispensary applications only, whether delivery service of cannabis to any location outside the cannabis facility will be provided and the extent of such service;
(d) A site plan and floor plan of the facility to scale, denoting the layout of all areas of the cannabis facility, including, as applicable, storage/warehousing, cultivation, nursery, reception/waiting, dispensing, manufacturing, testing, distribution, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses;
(e) A security plan, including lighting, alarms, fencing, and video cameras, to ensure the safety of persons, and to protect the premises from theft, vandalism, and fire. The security plan shall address both interior and exterior areas of the facility and its premises;
(f) The cannabis cultivation and manufacturing procedures to be utilized at the facility, including, as applicable, a description of how chemicals and fertilizers will be stored, handled, and used; extraction and infusion methods; the transportation process; inventory procedures; track and trace program and procedures; quality control procedures; and testing procedures;
(g) Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess cannabis product;
(h) Procedures for inventory control to prevent diversion of cannabis to persons or uses not allowed under state law or this chapter, employee screening, storage of cannabis, personnel policies, and recordkeeping procedures;
(i) An odor management plan detailing steps that will be taken to ensure that the odor of cannabis will not emanate beyond the exterior walls of the facility, including as necessary the installation and use of air purification systems and/or air scrubbers;
(j) For cannabis distribution and transportation facilities and distributors and transporters only, procedures for transporting cannabis and cannabis products from cultivation and manufacturing facilities to the distribution center, quality assurance and inspection by the distributor, transportation to and from a cannabis testing facility, and distribution and transportation to a cannabis dispensary;
(k) For cannabis testing facilities only, procedures for testing cannabis and cannabis products for concentration, pesticides, mold, other contaminants, and purity; and
(l) Policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of this chapter.
(5) The name and address of the owner and lessor of the premises and a copy of the lease or other such proof of the legal right to occupy and use the premises and a statement from the owner or agent of the owner of the real property where the facility will be located demonstrating the landowner has acknowledged and consented to permit dispensary, cultivation, distribution, manufacturing, or transportation activities to be conducted on the property by the applicant;
(6) Provide evidence that the proposed location is located beyond at least a 600-foot radius from a school providing instruction in kindergarten or any grades one through 12-day care center, or stand-alone youth center that is in existence at the time the regulatory permit is issued per § 154.172(G);
(7) A statement in writing by the applicant that they will, to the extent allowed by law, give preference in employee hiring to residents of the City of San Joaquin.
(8) The application will not be reviewed and processed unless the applicant pays all required fees for processing the application. The fees for a cannabis CUP application process shall be different than for standard CUP applications. Council will set such fees by resolution; and
(9) A statement in writing by the applicant that they certify under penalty of perjury that all the information contained in the application is complete, true, and accurate.
(F) Background check. Pursuant to Cal. Penal Code §§ 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local summary criminal history information for cannabis employment, licensing, or certification purposes and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, investor, manager, supervisor, employee, contract employee or who otherwise works in a cannabis business must submit fingerprints and other information deemed necessary by the Fresno County Sheriffs Department for a background. Pursuant to Cal. Penal §§ 11105(b)(11) and 13300(b)(11), which require that there be a requirement or exclusion from cannabis employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a cannabis business or be allowed to work in a cannabis business unless they have first cleared the background check, as determined by the Fresno County Sheriffs Department, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of San Joaquin to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a cannabis CUP is submitted. Evidence of a conviction of any of the offenses enumerated in Cal. Business and Professions Code § 26057(b)(4), absent a certificate of rehabilitation, shall be grounds for immediate disqualification of the applicant.
(Ord. 2021-03, passed 12-7-2021)