A. An applicant shall do all of the following:
1. Complete any application forms prescribed by the County and pay fees as established by resolution and adopted by the Board of Supervisors, as amended from time to time.
2. Provide a complete copy, including attachments, of the application submitted to the State for the comparable license type.
3. Provide a street address capable of receiving mail and designate that address and a contact for receipt of service of process for notices served pursuant to this chapter.
4. Provide an emergency contact who can be reached on a 24/7 basis and who can provide access to the premises in the event of an emergency.
5. If the applicant or property owner is an entity, adequate evidence that the individual submitting an application and signing any related County forms or documents has authority to bind the entity.
6. Provide a statement, signed by the Applicant under penalty of perjury, that the information provided in the application is complete, true, and accurate.
7. Provide a complete list of all Owners and, to the extent not included in the list of owners, every other person with a financial interest in the cannabis operation and all employees.
8. Each owner and the persons owning the property on which the cannabis operation will be located must sign a written consent to on-site compliance inspections of the premises and of all records and documents related to the cannabis operation activities by the County pursuant to § 12-04.12.
9. Each owner and the persons owning the property on which the cannabis operation will be located must execute an agreement to indemnify and hold harmless the County of Yolo and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the cultivation of cannabis and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the cultivation of cannabis in a form prescribed by the County. The indemnification shall apply to any damages, costs of suit, attorneys’ fees or other expenses awarded against the County, its agents, officers and employees in connection with any such action. In addition, the agreement shall release the County of Yolo, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind arising in connection with cannabis-related activity on the property.
10. Agree to reimburse the County for any court costs and attorneys’ fees that the County may be required to pay as a result of any legal challenge related to the County’s approval of a License. The County may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the licensee of its obligation hereunder.
11. Each owner must sign a statement under penalty of perjury in a form prescribed by the County certifying that they will abide by the requirements of this chapter and applicable state law.
12. Each owner must electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests, and information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance, pending trial or appeal.
13. Provide a surety bond in the amount of ten thousand dollars ($10,000) furnished by a corporate surety authorized to do business in the State. Such bond shall be in favor of the County and shall be approved by the County Counsel. Such bond shall be conditioned upon full and faithful performance by the licensee of all obligations under this chapter and any license issued hereunder and shall be kept in full force and effect by the licensee throughout the life of the license and all renewals thereof. The Board of Supervisors may from time to time by resolution establish additional bond requirements as it deems necessary. In the event that a licensee violates any of the provisions of this chapter or any County rules or orders, such violation shall permit the County at its option to resort to the bond to cover any abatement costs or administrative penalties assessed. The bond may also be used to cover costs of site restoration, if required, and not paid by the licensee.
14. The applicant must not be delinquent in paying any County taxes, fees, or penalties due on any commercial cannabis activity within the County.
15. Provide a detailed description of the Applicant’s security protocols, including compliance with section 8-2.1408(LL) of the CLUO (following use permit approval) and subdivision (j) of Section 26070 of the California Business and Professions Code, which must be reasonably designed to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products from the premises. If security guards are proposed in the security protocols, such individuals shall be licensed and registered with the Bureau of Security and Investigative Services (BSIS). These security measures shall be submitted to the County for review and approval prior to the approval of the application.
B. An applicant shall meet one of the following requirements:
1. Own the property where the cannabis operation will operate; or
2. Have entered into a written agreement with the record owner of the property and have obtained the written permission (including notarized signatures) of the record owner(s) consenting to the cannabis operation operating on the property.
Evidence of lawful possession of the property consists of properly executed deeds of trust, leases, evidence of ownership of the licensed property, or other written documents acceptable to the County.
The use for which the cannabis license is requested must be approved in the cannabis use permit. A cannabis license shall not be issued for any activity or use not explicitly authorized in the cannabis use permit.
C. Child support obligations.
1. Prior to the issuance of a license under this chapter, and at all times while holding a license, all owners and employees shall be current with their monthly child support obligations. If an owner or employee has an account with past due child support arrears, that person must have that balance at zero or have verification from the Department of Child Support Services that they have been in and remain in compliance with a court ordered payment plan in order to remain eligible for a license.
2. Licensees shall provide the Department of Child Support Services a quarterly list of all employees employed by licensee at any time during the quarter. Reports are due by the 15th of the month following the end of the quarter (March, June, September, and December). The list shall include names, addresses, phone numbers and social security numbers for all employees.
3. If licensee uses a payroll withholding process, licensee must comply with any income withholding order for child support for any employee in Licensee’s employ. In addition, if the income withholding order is for an owner or part-owner of the business, the business shall also comply with the income withholding order and provide necessary tax information if self-employed for purposes of determining accurate child support orders. (§ 2, Ord. 1557, eff. January 21, 2023)