In addition to adhering to the general business license provisions as identified in Chapter 5.04, any applicant for a required city business license must also adhere to the following business regulations:
A. A site plan of the proposed business would be required. The site plan must meet the same requirements as other commercial or retail businesses within the City of Visalia under Chapter 17.28 of the Visalia Municipal Code and demonstrate compliance with Visalia Municipal Code Section 17.32.167.
B. Copies of the applicant's current M-license and Type 9 license from the CA Department of Cannabis Control required.
C. The name and address of the owner and lessor of the real property upon or in which the business is to be operated. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a delivery only medical marijuana retail business will be located on his or her property is required for each permit application.
D. Any person, association, partnership, or corporation desiring to operate a delivery only medical marijuana retail business, that will own five percent (5%) or more of the business or operate a delivery vehicle must submit an application to the chief of police for an investigation of the applicant's background and history. A fee to recover costs of the background check must accompany the submission of each application. An annual nonrefundable renewal fee may also be charged to defray associated costs of investigation, inspection, and enforcement.
1. Each applicant for a background check must submit the following information:
a. The full true name and any other names used by the applicant.
b. The present address and telephone number of the applicant.
c. Driver's license number and Social Security number.
d. The proposed address of the business.
e. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates for such address.
f. Written proof that the applicant is at least twenty-one (21) years of age.
g. Applicant's height, weight, and color of eyes and hair.
h. Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application.
i. Applicant's business, occupation, and employment history for the five (5) years immediately preceding the date of application.
j. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county, or state revoked or suspended.
k. All criminal conviction of applicant, and a statement of the dates and places of such convictions.
l. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application must set forth the name and residence address of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one (1) or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one (1) of its officers or general partners to act as its responsible managing officer. Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one (1) application fee will be charged.
m. The chief of police may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.
n. Such other identification and information as may be required by the chief of police in order to verify the information to be included in the application.
o. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter and Section 17.32.167. Upon completion of the inspection, the city representative must inform the chief of police in writing of the findings of the inspection. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided all of the following apply:
(1) The applicant(s) has not made a materially false statement in the application;
(2) The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or holders of five percent (5%) or more of the corporation's stock, has not, within five (5) years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses:
i. Any offense relating to possession, cultivation, manufacture, sale, or distribution of a controlled substance, with the exception of cannabis related offenses when the cannabis was possessed, cultivated, manufactured, sold, or distributed in compliance with state and/or the relevant local jurisdiction, as applicable;
ii. Any offense relating to possession, cultivation, manufacture, sale, or distribution of cannabis that is illegal under state and/or a local jurisdiction, as applicable;
iii. Any offense involving the use of force or violence upon the person of another;
iv. Any offense involving theft, fraud, dishonesty or deceit;
v. Sales of cannabis to a minor or use of a minor to distribute cannabis;
vi. Any offense relating to the physical or sexual abuse of a minor;
vii. Any offense relating to a failure to collect (any portion of), report, timely report, and/or remit (any portion of) a cannabis-related tax to the state or any other local jurisdiction.
(3) The applicant(s) are at least twenty-one (21) years of age;
(4) The applicant(s) has not had a CA Dept of Cannabis Control license revoked, not renewed, or suspended within seven (7) years immediately preceding the date of the filing of the application, unless the applicant(s) can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.
E. A security plan reviewed and approved by the Visalia Police Department is required prior to the business being allowed to operate. See specific security plan requirements described in Section 5.66.040.
F. Indemnification. The applicant or its legal representative shall:
1. Indemnify and hold the city harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the commercial cannabis activity; defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of an entitlement for or the operation of the commercial cannabis activity; reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge (or federal enforcement action) related to the city's approval of an entitlement for or the operation of the commercial cannabis activity.
2. Maintain commercial general liability and auto insurance in the amounts required by the California Department of Cannabis Control for a cannabis dispensary, provide the City of Visalia with proof of such insurance in a form acceptable to the city, and name the city as an additionally insured.
G. Before operating, the establishment's owners must comply with all applicable codes adopted by the city, including, without limitation, the building, electrical, and plumbing codes. (Ord. 2023-13 § 2 (part), 2023)