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The following procedures shall govern the application process for the issuance of any City License under this chapter:

A. Phase One Application Process.

1. Application Requirements. Any Applicant seeking to obtain a City License to operate a Commercial Cannabis Business within the City shall submit a Phase One Application to the City, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase One Application must contain the following:

a. Applicant’s name, address, telephone number, and e-mail address.

b. Names and addresses of all Owners of the Commercial Cannabis Business, Officers, and Managers.

c. If any Applicant or Owner of the Commercial Cannabis Business is a business entity or any other form of entity, the entity’s legal status, formation documents, and proof of registration with, or a certificate of good standing from, the California Secretary of State, as applicable.

d. The type of City License the Applicant is seeking.

e. A description of any and all Commercial Cannabis Activity engaged in as an Owner, manager, lender, employee, volunteer, or agent by the Applicant and all Owners of the Commercial Cannabis Business, Officers, and Managers over the previous five years, including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or State government entity. An Applicant for a Storefront Retailer, Non-Storefront Retailer, Manufacturer, or Cultivator City License must demonstrate each of the following:

i. That at least one Manager has one of the following types of experience:

(A) A minimum of 12 consecutive months, within the previous five years, as a Manager with managerial oversight or direct engagement in the day-to-day operation of a lawful Commercial Cannabis Business in a jurisdiction permitting such Commercial Cannabis Activity. The 12 consecutive months of lawful Commercial Cannabis Activity demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; or

(B) A minimum of 60 consecutive months, within the previous seven years, as a Manager with managerial oversight and direct engagement in the day-to-day operation of a lawful pharmaceutical business licensed and regulated by a State or the federal government. The 60 months of experience demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; and

ii. That at least one Owner of the Commercial Cannabis Business has one of the following types of experience:

(A) A minimum of 12 consecutive months as an Owner of a Commercial Cannabis Business, within the previous five years, in a jurisdiction permitting such Commercial Cannabis Activity. The 12 consecutive months of lawful Commercial Cannabis Business Ownership demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; or

(B) A minimum of 36 consecutive months as an Owner with an aggregate Ownership of 30 percent or more in a lawful alcohol business licensed and regulated by a State or the federal government. The 36 months of experience demonstrated must be of a type substantially similar to that allowed by the City License for which the Applicant is applying; or

(C) A minimum of 36 consecutive months as an Owner with an aggregate Ownership interest of 30 percent or more in a lawful, properly licensed business with an average of 10 or more employees located within the City, thereby demonstrating a record of experience, familiarity and compliance with City rules and regulations.

f. Documentation demonstrating a minimum of $250,000 in Liquid Assets available under the Applicant’s control.

g. A business plan that contains, at a minimum, the following: a defined scope of planning and capital improvements; estimated revenues and expenses; and a demonstrated ability to operate in a highly regulated industry.

h. An operating plan that contains, at a minimum, the following provisions: capacity to comply with State and local laws and regulations; adequate staffing, security, and employee training; effective exterior and interior customer flow management, if applicable; compatibility with the surrounding neighborhood; community outreach; and environmental sustainability.

i. Submission by each individual Applicant, Owner of the Commercial Cannabis Business, Officer, and Manager of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If the Applicant or any Owner of the Commercial Cannabis Business or Manager is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department.

j. A statement, under penalty of perjury, by each individual Applicant, Owner of the Commercial Cannabis Business, Officer, and Manager, that all information provided thereby is true and correct and that he/she has not conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction.

k. If an individual Applicant, Owner of the Commercial Cannabis Business, Officer, or Manager, or any entity such individual has been associated with in such capacity, has been denied authorization to conduct Commercial Cannabis Activity in any jurisdiction and/or such Person’s authorization to conduct Commercial Cannabis Activity in any jurisdiction has been suspended or revoked at any time, a description of each denial, suspension and/or revocation and documentation demonstrating a material change in circumstances since such denial, suspension, or revocation.

l. For an Applicant with 10 or more employees, a statement that the Applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a Labor Peace Agreement.

m. The Finance Director or Police Chief may request such additional information as he/she deems necessary, including documents, from the Applicant to evaluate Applicant’s qualifications. If the Applicant fails to provide such additional information in the time allotted, the Application shall be considered abandoned.

2. Site Identification. Phase One Applicants must also identify and submit a proposed site for its proposed Commercial Cannabis Business. Such submittal shall include the address and a general description of the proposed site location. In the event the site will be leased or acquired from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the site on a form approved by the City acknowledging that the Owner(s) of the site: (a) has read this chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms already agreed to or to be negotiated with the Applicant that are or shall be consistent with the requirements of this chapter.

3. Application Fee. The Phase One Application shall be accompanied by a nonrefundable application fee established by resolution of the City Council.

4. Initial Application Review by Finance Director. The Phase One Application shall be reviewed by the Finance Director for completeness and to determine if City’s minimum City License qualifications have been satisfied. Phase One Applications may be rejected by the Finance Director for any of the following reasons in his/her discretion:

a. The application is received after the designated time and date;

b. The application is not in the required form and/or is incomplete. A Phase One Application shall not be considered complete until the Finance Director has: (i) determined that all requirements of the application have been provided to the City; (ii) received the nonrefundable Phase One application fee; and (iii) obtained all other information the Finance Director determines necessary to make a decision whether the Application meets the requirements of State Laws or this Code;

c. The Applicant has failed to pay the application fee required by this chapter and specified by City Council resolution;

d. The Applicant has failed to demonstrate the financial capacity to operate its proposed Commercial Cannabis Business and to fulfill its obligations under this chapter;

e. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process;

f. The Applicant, an Owner of the Commercial Cannabis Business, Officer, or Manager is under 21 years of age;

g. The Applicant or any Owner of the Commercial Cannabis Business is an entity that is incorporated outside of the United States;

h. The Applicant has failed to demonstrate the minimum experience required in accordance with subsection (A)(1)(e) of this section;

i. The Applicant, or any Owner of the Commercial Cannabis Business, Officer, or Manager, has had his/her/its authorization to conduct Commercial Cannabis Activity in any jurisdiction suspended or revoked at any time, and such Person has not demonstrated a material change in circumstances or corrective action since such suspension, and/or revocation.

5. Application Review by Police Chief. Phase One applications accepted by the Finance Director as minimally qualified shall be forwarded to the Police Chief for review and completion of any and all required background checks. Phase One Applications may be rejected by the Police Chief for any of the following reasons in his/her discretion:

a. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process;

b. The Applicant, any Owner of the Commercial Cannabis Business, Manager, or Officer, or any other individual identified pursuant to subsection (A)(1)(i) of this section has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department.

c. The Applicant or any Owner of the Commercial Cannabis Business, Officer, or Manager has been convicted of a felony.

d. The Applicant or any Owner of the Commercial Cannabis Business, Officer, or Manager has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon.

e. There are charges pending against the Applicant, or any Owner of the Commercial Cannabis Business, Officer, or Manager for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon.

f. The Applicant, or any Owner of the Commercial Cannabis Business, Officer, or Manager has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of State or local laws or regulations related to Commercial Cannabis Activity or to pharmaceutical or alcohol licensure.

g. The Applicant, or any Owner of the Commercial Cannabis Business, Officer, or Manager has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction.

6. Notice of Decision. The Finance Director or Police Chief shall serve the Applicant, either Personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase One Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase One Application shall be final. The City Manager shall provide dated written notice to the Applicant, either Personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination.

7. Invitation to Submit Phase Two Application; Merit-Based System. Applicants who are approved by the Finance Director and Police Chief under the Phase One Application process, or by the City Manager upon appeal, shall be deemed qualified to submit a Phase Two Application. If the number of deemed “qualified” Phase One Applicants for Storefront Retail or Non-Storefront Retail Licenses exceeds the number of available City Licenses for those license types, a merit-based system established by the City shall be used to determine which of the qualified Applicants is invited to submit a Phase Two Application.

8. Phase One Approvals Valid for Six Months. Phase One approvals shall be valid for a maximum period of six months in order to allow the Applicant to complete the Phase Two process. City regulations issued pursuant to this chapter may provide for extensions of this time period in limited, defined circumstances.

B. Phase Two Application Process

1. Application Requirements. The Phase Two Application shall be submitted in writing, signed under penalty of perjury, using the form adopted by the City for that purpose. Among other information, each Phase Two Application must contain the following:

a. Proposed Premises location and description.

b. Information and diagrams demonstrating that the proposed Premises location complies with the applicable locational requirements of this chapter, the City’s zoning code, and State Laws.

c. Identification of all Owners of the proposed Premises location and a copy of all agreements for site control.

d. Submission by each individual Owner of the proposed Premises location of fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department. If an Owner of the Proposed Premises location is an entity, the Police Chief, in his/her discretion, may require individual employees, officers, members, representatives, or partners of each entity to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department.

e. Proposed emergency action and fire prevention plan that includes, at a minimum, employee roles and responsibilities; emergency notification and egress procedures; fire hazard identification, maintenance, and procedures; and fire and life safety system identification, maintenance, and procedures.

f. Proposed security plan that includes, at a minimum, employee roles and responsibilities; entry/exit security and procedures; security guard coverage and duties; lighting, alarm, and camera placement and operation; limited-access area identification and procedures; cash handling processes and procedures, and demonstrates compliance with CVMC 5.19.160.

g. Information required or necessary to demonstrate the ability to comply with the applicable operational requirements set forth in CVMC 5.19.080 through 5.19.140, as applicable.

2. Application Fee. The Phase Two Application shall be accompanied by a nonrefundable application fee established by resolution of the City Council.

3. Site Approval. As part of the application process, the Applicant shall be required to obtain all required land use approvals from the City and/or any other governmental agency with jurisdiction, including a certification from the Development Services Director certifying that the business is an allowed use in the zone where it is located, and the proposed site meets all of the requirements of this chapter and CVMC Title 19.

4. Site Control. As a condition precedent to the City’s issuance of a City License pursuant to this chapter, in the event the Premises will be leased from another Person, the Applicant shall be required to provide a signed and notarized statement from the Owner(s) of the Premises on a form approved by the City acknowledging that the Owner(s) of the Premises: (a) has read this chapter; (b) acknowledges and agrees to comply with all Premises Owner requirements set forth herein; and (c) the site is available for the operation of the Commercial Cannabis Business on terms agreed to with the Applicant that are consistent with the requirements of this chapter.

5. Application Review by Development Services Director, Fire Chief, and Police Chief. Phase Two Applications shall be reviewed and are subject to approval by the Development Services Director, the Fire Chief and the Police Chief. A Phase Two Application may be rejected by the Development Services Director, Fire Chief, and/or Police Chief for any of the following reasons:

a. The application is received after the designated time and date.

b. The application is not in the required form and/or is incomplete. A Phase Two Application shall not be considered complete until the Development Services Director, Fire Chief, and Police Chief have: (i) determined that all requirements of the application have been provided to the City; (ii) received the nonrefundable Phase Two application fee; and (iii) obtained all other information the Development Services Director, Fire Chief, and Police Chief determine is necessary to make a decision whether the application meets the requirements of State Laws or this Code.

c. The application fails to demonstrate that the proposed Premises location complies with this chapter, the City’s zoning code, and State Laws.

d. The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process.

e. An Owner of the proposed Premises location or any other individual identified pursuant to subsection (B)(1)(d) of this section has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department.

f. An Owner of the proposed Premises location has been convicted of a felony.

g. An Owner of the proposed Premises location has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon.

h. There are charges pending against an Owner of the proposed Premises location for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon.

i. An Owner of the proposed Premises location has been adversely sanctioned or penalized by City, or any other city, county, or state, for a material violation of State or local laws related to Commercial Cannabis Activity.

j. An Owner of the proposed Premises location has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction.

6. Notice of Decision. The Development Services Director, Fire Chief, or Police Chief shall serve the Applicant, either Personally or by first class mail addressed to the address listed on the application, with dated written notice of the decision to approve or reject the Phase Two Application. This notice shall state the reasons for the action, the effective date of the decision, and the right of the Applicant to appeal the decision to the City Manager. The City Manager’s determination regarding the Phase Two Application shall be final. The City Manager shall provide dated written notice to the Applicant, either Personally or by first class mail addressed to the address listed on the application, of the City Manager’s determination and the right of the Applicant to seek judicial review of the City Manager’s determination.

7. Conditional City Approval Valid for Six Months. Upon obtaining final approval of a Phase Two Application, an Applicant shall be issued a conditional City approval. The conditional City approval shall be valid for a period of six months to allow the Applicant to take all necessary actions to open its Commercial Cannabis Business. If the business is not fully permitted and operating by the end of this six-month period (the “Conditional Approval Period”), the conditional City approval will be void without the need for further action by the City. Notwithstanding the foregoing, if the only remaining action necessary for an Applicant holding a conditional City approval is the State’s determination on such Applicant’s pending State License application, the validity of the conditional City approval shall be extended until the earlier to occur of: (a) the State’s determination on the issuance of the pending State License application, or (b) the date falling six months after the expiration of the Conditional Approval Period. City regulations issued pursuant to this chapter may provide for other extensions of the Conditional Approval Period in limited, defined circumstances.

8. Pipeline Projects – Priority Regulations to be Issued. Prior to commencing the application process for City Licenses, City will develop and issue regulations to establish and clarify development rights priorities between, on the one hand, Commercial Cannabis Businesses, and, on the other hand, uses and businesses with separation requirements with respect to Commercial Cannabis Businesses. Regulations shall include, among other things, provisions applicable to Pipeline Projects and Existing Residential Uses.

C. Requirements Prior to Commencement of Operation. Prior to commencing Operations under a City License, in addition to any and all other applicable State and local requirements, a City Licensee must comply with the following requirements:

1. Fees and Charges. Pay in full all fees and charges required for the Operation of a Commercial Cannabis Activity. Fees and charges associated with the Operation of a Commercial Cannabis Business shall be established by resolution of the City Council which may be amended from time to time.

2. Business License Tax. Pay to the City a business license tax as required by Chapter 5.02 CVMC.

3. Permits and Approvals. Obtain all applicable planning, zoning, building, and other applicable licenses, permits, and approvals from the relevant City department or division that may be applicable to the Premises and the zoning district in which such business will be located.

4. Final Security Plan Approval. Obtain final security plan approval from the Police Chief for the Premises and Operation of the Commercial Cannabis Business.

5. Final Emergency Action and Fire Prevention Plan Approval. Obtain final safety approval from the Fire Chief for the Premises and Operation of the Commercial Cannabis Business.

6. Employee Work Permits. Obtain from the Police Chief work permits for each employee of the Commercial Cannabis Business whose name did not appear on an Application for a City License. Each employee shall submit their application for such work permit to the Police Chief, which application shall be under oath and shall include, among other things, the name, address, proposed job title, and past criminal record, if any, of the employee and shall be accompanied by the fingerprints of the employee. An application for an employee work permit shall be accompanied by the required fee(s) or the required renewal fee(s). The work permit, when issued, shall be valid for one year. The Police Chief may revoke, deny, or not renew any employee work permit upon finding that any of the factors apply:

a. The employee has made a false, misleading or fraudulent statement or omission of fact in the employee work permit application or renewal application.

b. The employee is under 21 years of age.

c. The employee has failed to submit fingerprints and other information deemed necessary by the Police Chief for a background check by the Chula Vista Police Department.

d. The employee has been convicted of a felony.

e. The employee has been convicted of any Crime of Moral Turpitude or any offense involving the use of a weapon.

f. There are charges pending against the employee for a felony offense, a Crime of Moral Turpitude, or an offense involving the use of a weapon.

g. The employee has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of State or local laws or regulations related to Commercial Cannabis Activity or to pharmaceutical or alcohol licensure.

h. The employee has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful Commercial Cannabis Activity in the City or any other jurisdiction.

i. The employee has failed to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions) including any rule, regulation, condition or standard adopted pursuant to this chapter, or any term or condition imposed on the City License, or any provision of local or State Laws and/or regulations.

j. The employee has been adversely sanctioned or fined for, charged with, or found guilty of or pled guilty or no contest to a charge of operating a Commercial Cannabis Business without the necessary licenses and approvals from the applicable State and/or local jurisdiction.

7. State License. Submit proof that the necessary State License has been obtained and that Applicant remains in good standing thereunder.

8. Agreement. Submit a fully executed agreement as required by CVMC 5.19.070.

9. Insurance. Submit proof of insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City’s insurance and claims administrator.

10. Operational Requirements. Demonstrate compliance with any and all pre-opening operational requirements that may apply as specified in CVMC 5.19.080 through 5.19.140, and the ability to comply with any and all applicable and ongoing operational requirements.

D. General Rules.

1. Phase One and Phase Two applications shall include such supplemental materials as required by the rules and regulations adopted pursuant hereto. The City may, at the City Manager’s discretion, require additional documentation associated with any application as may be necessary to enforce the requirements of State Laws and this Code.

2. Applicants shall have no right to operate under a City License until a City License is actually issued thereto by the City. Each Applicant assumes the risk that, at any time prior to the issuance of a license, the City Council may terminate or delay the program created under this chapter.

3. Issuance of a City License does not create a land use entitlement. Furthermore, no City License will be officially issued and no Applicant awarded a City License may begin operations until the City Licensee is fully in compliance with all State and local laws and regulations, including but not limited to State Laws.

4. The City reserves the right to reject or approve any and all applications and conditional licenses based on the standards set forth in this chapter, or otherwise in its sole discretion, taking into account the health, safety and welfare of the community, and in accordance with its general police powers authority.

E. Limits on Number of Applications Per Applicant/Owner. The number of applications allowed to be filed by each Applicant/Owner shall be determined by regulations promulgated by the City Council or the City Manager. Limits imposed, if any, may be applied on an overall basis, per license type, and/or per Council District. (Ord. 3479 § 1, 2020; Ord. 3446 § 2, 2018; Ord. 3418 § 2, 2018).