All delivery only medical marijuana retail businesses shall meet the following ongoing performance standards:
A. Meet all requirements stated in Visalia Municipal Code Section 8.64.055.
B. The applicant shall have a responsible person on the premises to act as manager and supervise employees at all times during business hours.
C. A business shall not make a physical change, alteration, or modification of the permitted premises without the prior written approval of the city. If a permitted premises is to be changed, modified, or altered, the business is responsible for applying for and securing all necessary city approvals, project plan approvals, and permits.
D. Maintaining a valid M-license and Type 9 license in good standing from the CA Department of Cannabis Control required.
E. Continued adherence to the security plan.
F. The business shall comply with the provisions of state and local laws, including other city laws governing the regulation and/or prohibition of commercial cannabis businesses.
G. Entry into the premises by the general public is prohibited. All sales are to be made by delivery offsite only.
H. Effective implementation of the odor control plan.
I. All new employees, managers, or owners, prior to hiring, must submit to a comprehensive background check by the business. The business must ensure that each potential party meets similar standards to pass background check as stated in the Application Requirements in Section 5.66.030, subsection D.
1. A party should not have any offenses relating to:
a. 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;
b. Possession, cultivation, manufacture, sale, or distribution of cannabis that is illegal under state and/or a local jurisdiction, as applicable;
c. Any offense involving the use of force or violence upon the person of another;
d. Any offense involving theft, fraud, dishonesty or deceit;
e. Sales of cannabis to a minor or use of a minor to distribute cannabis;
f. Any offense relating to the physical or sexual abuse of a minor;
g. 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.
2. For each potential party, before beginning employment, the business must collect a sworn affidavit attesting that a comprehensive background check was conducted in conformance with this chapter; and the potential party meets the standards to pass this background check. (Ord. 2023-13 § 2 (part), 2023)