Questions and Answers
To download a PDF of all questions and answers, please click here.
QUESTIONS BEFORE THE 9/6/17 APPLICATION MEETING
Q: How many permits will be issued by the City?
A: A maximum of 12 CUPs/Business Permits for Medical Cannabis Related Businesses will be issued by the City. Of these 12 permits, a maximum of 4 permits for dispensaries will be issued. The Bellflower City Council will consider establishing a limit on the number of permits for other categories of medical cannabis related business permits in September 2017.
Applications will be considered in the order submitted to the City based on conformance with the requirements contained in Title 14, Cannabis-Related Businesses, of the Bellflower Municipal Code.
Q: When can I apply for a permit?
A: Applications will be accepted beginning on September 27, 2017.
Q: Where can I get information on how to submit an application?
A mandatory information meeting for applicants was held at Bellflower City Hall on Wednesday, September 6, 2017, from 2:00 PM to 4:00 PM, in the City Council Chambers.
Q: What fees are required?
A: A one-time, non-refundable processing fee of $28,500.00 is required at the time the application is submitted. This fee is for processing of the CUP/Business Permit application only. All other City fees related to issuance of building permits for property improvements and any related public improvements must also be paid when construction plans are submitted for review and building permit issued. In addition, a separate annual permit administration fee of $25,000 is required when the permit is issued. All cannabis-related buildings will also be required to pay the cannabis tax under the BMC, which is separate from the fees associated with processing and monitoring the permits.
Q: How long will a permit be valid?
A: Each cannabis business permit will be valid for twelve months after the date of issuance. Cannabis business permits may be renewed as provided in Section 14.08.060 of the Bellflower Municipal Code.
Q: Who can I contact if I have questions on the application process?
Q: Will there be any permits available for Medical Marijuana testing labs? If no city permit is required, can a business establish and apply for a state permit.
A: Medical Cannabis testing labs are regulated under Title 14 of the Bellflower Municipal Code. The City Council has not authorized permits for such facilities at this time and, therefore, the City is not accepting applications for testing facilities. The City Council will consider standards for testing labs and whether to issue permits for this use in September 2017.
Q: How can I determine if a property I am interested in has the correct zoning?
A: Please download the Cannabis Related Use Location Restriction map available at this link (www.bellflowermbpermits.com/application-process) to determine if a parcel is zoned C-G (General Commercial) and M-1 (Light Industrial). Please note that medical cannabis related businesses are allowed in the C-G and M-1 zones subject to the location restrictions defined in §14.08.020 of the BMC. Cannabis related businesses are not allowed within:
600 feet of any parcel containing a school, or
300 feet of a parcel containing a religious facility; park; licensed child daycare facility; youth center; or licensed drug or alcohol rehabilitation facility, or
1,000 feet of any other parcel upon which a cannabis business is operating.
The Cannabis Related Use Location Restriction map shows the location of all parcels in the City’s C-G and M-1 zones in relation to schools, religious facilities; parks; licensed child daycare facilities; youth centers; and licensed drug or alcohol rehabilitation facilities.
Q: What date are you allowed to get in line for your permit I understand you cannot turn in your applications until September 28 at 10am o'clock in the morning.
A: Applications for Medical Cannabis Related Permits will be accepted beginning on September 27, 2017, at 10:00 AM. Additional information on the time and location and process for application submittal process will be provided on the City’s website for medical cannabis-related permits (bellflowermbpermits.com) at 12:00 Noon on September 26, 2017.
Q: My client will be submitting the cannabis application under his name and corporation, but I am assisting him in acquiring a property for the dispensary. Can I attend the mandatory meeting on his behalf, or must he attend?
A: The Applicant, or an Authorized Agent on behalf of the Applicant, must attend the Mandatory Information Meeting Wednesday, September 6, 2017, in the Bellflower City Hall in the City Council Chambers.
Q: I don't see any information about pre-screening of applications. How do we get our application pre-screened? Do we need to schedule an appointment?
A: Applications will not be pre-screened and the City will not schedule appointments to discuss application requirements. The pre-screening process provides potential applicants the opportunity to ask questions about the Medical Cannabis Business Permit application prior to the submittal of an application. Applications will be accepted beginning on September 27, 2017, and will be reviewed for completeness on a first-come, first-serve basis.
Q: Regarding the $400,000 “adequate financing” requirement, at what point does that $400,000 amount have to be in place: at the time of the application, after the application is approved, or at all times during the entire application process? The application form and the submittal checklist don’t say anything about the “adequate financing” requirement.
A: At the time of the application, throughout the application process, and (if a Medical Cannabis Related Business Permit is issued) during the term of the Medical Cannabis Related Business Permit.
Q: If an applicant obtains a City permit and wants to start operating before the State issues cannabis business licenses, does the applicant need to be structured as a non-profit, or can it be structured as a for-profit entity?
A: This question relates to the state licensing process and not the City’s process. The City’s requirements are defined in Title 14 of the Bellflower Municipal Code and identified in the application.
Q: Do applicants need to apply for a City Business License, in addition to the Cannabis Business Permit? If so, does the application for the City Business License need to be submitted at the same time as the application for the Cannabis Business Permit?
A: Yes. The Business License Application would be submitted at the time a permit was issued and must be obtained before the business can commence operations.
QUESTIONS FROM THE 9/6/17 APPLICATION MEETING
Q: Is having a property under contract or in escrow sufficient to meet the City’s requirements?
A: No, the City’s regulations require that the applicant own the building/property or have an executed lease with a minimum term of 10 years.
Q: The State will be issuing permits for both medicinal and adult cannabis use. Will the City be issuing permits for both categories also?
A: No, the City will only be issuing permits for medicinal cannabis uses as defined in the City’s regulations.
Q: Why aren’t permits for testing facilities being accepted now? When will the City accept permits for testing facilities?
A: Testing facilities will be regulated by the City. The City will consider accepting application for testing facilities in the future after the State adopts guidelines for testing facilities.
Q: When will the $28,500 processing fee for the application be required?
A: The application fee is required at the time of application submittal.
Q: Is it first come, first serve?
A: Yes. The City will review and consider the applications in the order submitted. Additional information on the time and location and process for application submittal process will be provided on the City’s website for medical cannabis-related permits (bellflowermbpermits.com) at 12:00 Noon on September 26, 2017.
Q: Once a permit is granted, is there a yearly renewal process?
A: Yes, as defined in the City’s regulations, the medical cannabis permit permits will be reviewed and renewed annually. An application for renewal must be submitted at least 60 calendar days before expiration of the current permit. The Conditional Use Permit does not have to be renewed annually.
Q: Can an applicant be granted both a cultivation and dispensary permit? Does each use require its own permit?
A: Yes. A separate application and $28,500 application fee is required for each type of medical cannabis use applied for.
Q: Has there been any consideration of delaying application date?
A: The City is not considering delaying the application submittal date due to the need for permits to be approved before the end of the year to be considered as grandfathered permits by the state.
Q: If a parcel contains multiple buildings, is the buffer determined based on the location of the building containing a sensitive use or the parcel line?
A: The buffer is determined based on the distance between the boundary of the parcel containing the sensitive use and the boundary of the parcel where the medical cannabis related permit is proposed. The location of buildings on a parcel is not considered in determining the buffer distance.
Q: Since applications are being considered on a first come first serve basis, if your application is incomplete, do you lose your place in the submittal order?
A: Complete applications will be considered in the order submitted. If an application is incomplete, an opportunity to provide the information needed for a complete application will be provided. Once the application is deemed complete, it will be placed in the submittal order.
Q: If an application is complete, will it be approved? Are there other approval criteria?
A: Submittal of a complete application does not guarantee approval. A complete application needs to be submitted to be considered for approval. Complete applications will be evaluated in the order submitted based on compliance with the standards and requirements defined in the City’s regulations. Both the Conditional Use Permit and cannabis business permit are discretionary permits; the City Council will determine whether or not to issue such permits to an applicant following a public hearing.
Q: What type of cannabis manufacturing permits is the City issuing? For volatile or non-volatile manufacturing?
A: The City will issue permits for non-volatile manufacturing uses only.
Q: What is the timeline for approval of permits?
A: The City Council will consider the approval of permits at a single hearing to be held in December 2017. The specific date for this hearing has not been determined yet.
Q: What will be the City’s criteria for determining the first come first serve submittal order of the applications?
A: Additional information on the application submittal process will be provided before September 27.
Q: What city officials will be reviewing and approving the different components of the application? Police chief, fire chief, anyone else?
A: The City Manager or designee will review the Security Plans. The Fire Chief and Building Official will also be reviewing components of the application.
Q: What is the City’s expectation or requirement for when a business must be fully operational?
A: The City has no expectation or requirement for when a business must be in operation.
Q: Can a medical cannabis related business be operational before obtaining a state license?
A: The City will issue permits allowing operation before the end of the year. When a state permit is obtained, a copy must be provided to the City.
Q: If an application is complete and complies with the City’s regulations, can it be denied?
A: The City Council has full discretion to approve or deny any application.
Q: Is there any published guidance on how discretion will be exercised in reviewing the applications?
A: Please refer to Ordinance No. 1323 and Resolution No. 17-44 which contain the City’s standards and requirements for medical cannabis-related uses. Applications will be reviewed for compliance with the City’s standards and requirements.
Q: What is the definition of a proprietor? Is a person or institution providing a loan or other financing considered to be a proprietor?
A: No, a proprietor is a person with an ownership interest in the business. Loans provided subject to a formal loan agreement are financial obligations that do not constitute an ownership interest.
Q: Does the City’s residency requirement require that 75 percent of the owners be residents of the state or that 75 percent of the equity of the business be held by residents of the state?
A: The City is requiring that 75 percent of the individuals that are proprietors of the business be residents of the state.
Q: If a business entity is created for the business, does the operating agreement need to be provided?
A: Yes. Operating agreements are a required component of the business plan.
Q: Why is the size of a property or building not considered in determining the amount of the permit application fee? Requiring the same fee for all properties results in a disadvantage for small properties.
A: The City Council adopted regulations for medical cannabis-related uses. The application process implements these regulations and modification of these regulations is not being considered now.
Q: What happens to applications submitted after the first 12 applications? Is the application fee only being collected for the first 12 applications?
A: The City will collect fees for the first 12 applications submitted. If one of the first 12 applications is determined to be incomplete, the City will contact the next applicant in the order the applications were received to request the application fee to review and process that application.
Q: Traffic and parking. If adequate parking cannot be provided, can an application for a parking variance be submitted with the permit application?
A: The City will not consider approval of a parking variance for a medical cannabis-related use. Provision of a parking covenant for off-site parking is acceptable.
Q: Does the residency requirement address residency in the City of Bellflower or the State of California?
A: The residency requirement addresses residency in the state and not the City of Bellflower.
Q: Is the owner of the property considered a proprietor?
A: No, if the property is being leased, the owner of the property is not considered a proprietor. The owner is required need to sign the application and consent to the submittal of an application for a medical cannabis-related use on their property.
Q: Does the public hearing notice poster need to be posted at the time of the application submittal?
A: No, the public hearing notice poster is required to be installed 10 days before the date of the public hearing as indicated in the application package.
Q: Can applications be submitted for permits for two medical cannabis-related uses on one property?
A: Yes, but 2 separate applications need to be submitted and a separate application fee is required for each application submitted.
Q: Is a 10-year lease with a cancellation clause if a permit is not issued acceptable?
A: This type of cancellation clause is acceptable. The City can not control the wording of the lease and if a cancellation clause were included, it would nevertheless be considered a long-term lease if it were at least 10 years long.
Q: Owner authorization form?
A: Application requires that the owner of leased property declare approval on the application.
Q: The application states the security plan may be submitted in confidence. What does that mean? Will the Security Plan be public?
A: If the Security Plan is submitted in confidence, the Security Plan will not be made public.
Q: Can any other parts of the application be deemed not a part of the Public Records Act?
A: Under the Public Records Act, any voluntary submittal is a public record. A security plan, however, may be kept confidential, i.e., is not required to be disclosed, under the Public Records Act.
Q: Should security plan items be discussed in the security plan or the business plan.
A: Please include any information related to security you do not want publicly disclosed in the security plan. The business plan will be subject to the Public Records Act.
Q: If a vertically integrated business with cultivation and dispensary is proposed on the same parcel is one business plan required or are two business plans required? Are two versions of the other plans required?
A: A separate business plan is required for each type of medical cannabis-related business proposed. One security plan will be accepted if two different uses are located on the same parcel. Traffic and parking study can also address both uses proposed on the same parcel.
QUESTIONS AFTER THE 9/6/17 APPLICATION MEETING
Q: We found out about the mandatory meeting after the meeting occurred. Will there be a public link posted to a recording of the meeting, presentation, or documents handed out?
A: The meeting was not recorded. The documents handed included the application and other materials available at www.bellflowermbpermits.com. All questions asked at this meeting and answers to these questions are available for your information at www.bellflowermbpermits.com/q-a. We would also like to direct you to the Q&A page at the same link above. Please note, however, that this meeting was mandatory for all applicants. If you or one of your representatives did not attend the meeting, the City will not be accepting your application.
Q: I wanted to double check that a specific location is in the zones where medical cannabis-related uses are permitted by the City’s regulations.
A: The Cannabis Related Use Location Restriction map shows all the C-G and M-1 zoned properties. Please download the Cannabis Related Use Location Restriction map at this link (www.bellflowermbpermits.com) to determine a parcel’s zoning designation.
Q: Since we have to apply for a business license at the time we turn in our application, what category would Cannabis fall under?
A: A medical cannabis-related business would fall under BMC sections 5.08.020 and 5.08.030.
Q: How would you like the signed copy of the conditions approval acknowledging acceptance written exactly or is there a form we can print, sign and get notarized?
A: The applicant will be required to provide signed acknowledgement of acceptance of the conditions of approval prior to the public hearing if an application is recommended for approval. However, while the standard conditions of approval are being provided ahead of time, there may be specialized conditions that are applicable to a particular site or application.
Q: Will an issue date on our California ID be sufficient for proof of California residency for at least 3 years?
A: The application must include proof of California residency for the past 3 years. A California ID, by itself, is insufficient. Any documents that demonstrate proof of residency for the last 3 years are acceptable (Example: Utility Bills).
Q: For the public hearing notice, is that done after we get approved?
A: Please see the information on the Public Notice poster in the application package. As stated, this sign is required to be installed 10 days prior to the public hearing at which these applications will be considered. The City will notify the applicants for any application that will be considered at the public hearing to be held in December 2017 when the sign for their application is available to be picked up, paid for, and installed.
Q: I was not able to make the meeting on Wednesday. How does the first come first serve basis submittal process work? How does the City decide whom is the best candidate?
A: The City will review and consider the applications in the order submitted. Submittal of a complete application does not guarantee approval. A complete application needs to be submitted to be considered for approval. Complete applications will be evaluated in the order submitted based on compliance with the standards and requirements defined in the City’s regulations. The City Council has full discretion to approve or deny any application. Please note, however, that this meeting was mandatory for all applicants. If you or one of your representatives did not attend the meeting, the City will not be accepting your application.
Q: The application requires submittal of a Site Plan, and Floorplan and Elevations of the building. Are Elevations required for every application?
A: Elevations are only required if changes are proposed to the exterior of the building at this time.
Q: We are working on the Bellflower medical cannabis business application and I would like assistance with the public hearing notice poster. May you please provide me a vendor or supplier that can help us with the poster?
A: Each applicant is responsible for providing notice on their own; the City has a list of available vendors, but it’s not providing the notice for 12 (potentially) separate sites within town. Please see the information on the Public Hearing Notice Poster in the application package.
Q: The property owner is willing to sign the lease and allow Cannabis related business and dispensary on his property but he is concerned about the possibility of the Federal government seizing his property as a result. Can that happen if the City and State approved and permitted the cannabis business and dispensary on the property?
A: The City adopted permitting regulations in accordance with California law. The City cannot provide advice regarding federal law or its enforcement.
Q: I would like information on traffic engineer studies for the location. I was wondering if you can direct me to a company or someone who would be able to do that for us.
A: As stated in the application package, the traffic and parking study must be prepared by a state licensed traffic engineer in accordance with Los Angeles County’s Traffic Impact Analysis Report Guidelines (January 1997) and Institute of Transportation Engineers, Parking Generation, 4th Edition.
Q: I believe I can provide sufficient parking for the dispensary use by way of an adjacent residential home (zoned R1). Can we use this adjacent parcel as a surface parking lot to meet the retail use and parking requirement for the dispensary?
A: The Bellflower Municipal Code is available online (http://qcode.us/codes/bellflower/) and contains the parking requirements for residential and commercial zones. Applications submitted for cannabis permitting – which includes the conditional use permit application – must be complete, i.e., the applications must reflect the current physical condition of all properties, not an anticipated future condition of the property. These Q&As are intended to provide general guidance; any individual application will be processed on its merits. Furthermore, the application requires that both existing and proposed conditions be identified on the Site Plan. Both conditions will be considered. A complete application needs to be submitted to be considered for approval. Complete applications will be based on compliance with the standards and requirements defined in the City’s regulations.
Q: Will an applicant be allowed to submit and be approved for an application for cultivation in one building on their parcel and an application for manufacturing in a separate building on the same parcel? Will it make any difference if the buildings have separate addresses but are on the same parcel?
A: Two separate applications need to be submitted and a separate application fee is required for each application submitted. So long as both buildings are on the same parcel and operated by the same applicant, the City will process the applications for the two separate uses without the need to utilize the 1,000-foot distance requirement.
Q: Are cannabis dispensaries required to have fire sprinklers installed as part of the fire suppression system?
A: As indicated in the application, a Fire Prevention and Suppression Plan is required with application submittal and needs to address all possible fire, hazardous material, and inhalation issues/threats. The City’s fire regulations, as amended, are adopted by reference into the Bellflower Municipal Code which can viewed at the City’s website.
Q: The only provision we can find that expressly requires a criminal history records check is in Resolution 17-44, Section 4, which applies that requirement to “each applicant.” Who is the “applicant” for purposes of a records check?
A: A criminal history records check is required for all persons with a proprietary interest (meaning all owners) in the business.
Q: My question is regarding the 1000' requirement between Cannabis related businesses. If I'm 8th in line on Sept. 27 and I'm able to submit my application and another person located 900' from me is 4th in line and also submits their application. Will my application fee still be taken if there is no administrative cost needed to determine that I'm ineligible just because of distance?
A: The application fee is required at the time of application submittal for the first 12 applications. The application fee is nonrefundable. Complete applications will be evaluated in the order submitted based on compliance with the standards and requirements defined in the City’s regulations, including compliance with location restrictions.
Q: Can the building for purposes of a) Distribution or b) Manufacturing be a mobile office trailer? Either long term or temporarily while a new building is being constructed? We would prefer to improve the property (presuming a license is granted) but would need to operate our business during the construction period.
A: Part of the application requires both an operations plan and a security plan. These anticipate that there will be a permanent building in place before operations commence. Approving an operations plan and security plan without a permanent facility on the property would be challenging for the City as any proposed physical security measures would be anticipatory, rather than definite. While the City would accept an application without a permanent facility being on the property, it is doubtful that the application could be deemed complete and that a CUP and operations permit could be issued. Those applications that are deemed incomplete must be resubmitted and do not retain their priority. The application fee is nonrefundable.
Q: With regard to the 300 foot radius map, would you like labels for property owners only, or owners and tenants?
A: Based on the sample, it appears that the city only requires the property owner's information.
The application only requires the APN along with the corresponding property owner’s name and address. Please see the information on the Public Notice Map and Labels in the application package.
Q: What are the further specific details that these firms need to deliver a complete and accurate traffic study?
A: The City has not developed specific guidelines for traffic impact analysis of medical cannabis-related uses. The City is requiring the traffic and parking impact study to be prepared by a licensed traffic engineer. The traffic engineer preparing the study should define an appropriate approach for determining the amount of trips generated by the type of medical cannabis-related uses proposed and present this approach in the study. For example, and not limitation, a traffic engineer could equate cannabis manufacturing based upon the ITE Manual definitions for manufacturing of like size; or, for dispensaries, use the ITE Manual definition for retail outlets specializing in herbal products.
Q: Will you accept as part of the application a property under contract to Purchase? An executed document indicating the Seller and Buyer agree on terms with the contingency of the Buyer obtaining a Medical Cannabis business license? Will you accept a document indicating Lessor/Seller and Lessee/Buyer have entered a Lease to Purchase the property with the contingency of the Lessee/Buyer obtaining a Medical Cannabis business license?
A: The City’s regulations require that an applicant actually own the property or have a lease with a minimum term of 10 years. Compliance with this requirement will be considered as part of the review of the application. Please provide as much information as possible demonstrating compliance with this requirement, e.g., the actual lease agreement.
Q: The “SUBMITTAL CHECKLIST” states the following regarding the Operations Plan: “This plan must be approved by the Public Safety Director prior to approval of a Conditional Use Permit. The Operations Plan must also include any additional conditions that the Public Safety Director finds reasonably necessary when considering the location and size of the proposed business.”
Is this review and approval by the Public Safety Director something that occurs prior to or after we submit the application on September 27th? If prior to, what is the process and what are the timelines for having the Public Safety Director review the applicant’s Operations Plan?
A: An operations plan must be completed and submitted with the application. The Public Safety Director will review the operations plan as part of the application review process.
Q: Do I have to get my architecture plans approved by planning prior to submitting my application on Wednesday?
A: Architectural plans must be submitted with the application. These plans will be reviewed as part of the application review process. Plans do not need to be approved prior to submittal, though they can be submitted ahead of time at the option of the applicant.
Q: With regards to the requirement that Facility be reviewed "by a currently licensed and active Fire Protection Engineer" for a Fire Suppression Plan can you please confirm if: A "Will Serve Letter" stating that during the building the Applicant has secured a currently licensed and active Fire Protection Engineer to consult and create a fire plan will be sufficient to meet this requirement?
A: The Fire Suppression Plan that is required to be submitted with the application needs to be prepared by a currently licensed and active Fire Protection Engineer. The Fire Chief, or designee, will be reviewing components of the application. Review of the proposed facility by a Fire Protection Engineer prior to submittal of the application is not required.
Q: Our traffic engineer is trying to work on our Traffic Impact Study in order to do future traffic and parking impacts he needs the information on other projects in the city as well. Where do we go to get that information?
A: The traffic and parking study needs to address the effect of the proposed use(s) on existing traffic and parking conditions. Analysis of cumulative impacts is not required. For this reason, a list of related projects to be used to assess cumulative traffic conditions is not needed.
Q: I do not see a track and trace program requirement for the City. Is this something that will be implemented by the City later? Should we prepare to use a particular company/software? Does the City anticipate using the State required system?
A: The City will issue medical cannabis related business permits and conditional use permits pursuant to the Bellflower Municipal Code. The City’s regulations do not address track and trace requirements. The City is not involved with the implementation of State regulations. Applicants will need to comply any applicable State requirements, including any that address track and trace of cannabis-related products.
Q: I was wondering if the LiveScan of the applicant needs to be done before the application is submitted? Or is this something that will get done after September 27th? Also, who will need to get live scanned?
A: The LiveScan background checks for all persons with an ownership interest in a medical cannabis-related business applying for business and conditional use permits will be conducted by the Los Angeles County Sheriff’s Department. At the time of application submittal, a LiveScan form and information on applying for LiveScan review with the Sheriff’s Department will be provided. The LiveScan form will be provided to the first 12 applicants. The LiveScan background check will be conducted concurrently with review of the application.
Q: Please confirm that if two cannabis-business applications are submitted (one for dispensary and one for distribution) on the same parcel by the same applicant and the City approves both applications, the City will only issue one CUP/business permit for both uses, dispensary and distribution, thus deducting only one license from the limit of 12 for all uses and one license from the limit of 4 for dispensaries, such that the City could approve up to 11 more cannabis businesses, up to 3 of which could have a dispensary use.
A: The City would issue one Conditional Use Permit, but issue two separate business permits: one for each use.
That would reduce the total of 12 permits to a total of 10 permits. If one of the uses was for a dispensary, then the total number of available dispensary permits would be reduced by one, leaving three more available dispensary permits out of the total remaining 10 permits.
Q: There is form that has to be submitted as part of the CUP process called an Environmental Information Form. Does this form need to be submitted along with the application?
A: The application available on the medical cannabis website is a combined application for the business permit and CUP for medical cannabis related businesses and identifies all information required to be submitted with the application. An Environmental Information Form is not required for this application.
Q: If I wanted to operate a business to business cannabis distribution service what specific licensing would I need from the city of Bellflower to operate that business in your city limits? Would we not need any city licensing to operate in Bellflower?
A: A “cannabis business” includes “dispensing, delivery, distribution or sale” of cannabis. See BMC § 14.04.050 (not yet effective). BMC § 14.08.030 (once effective) allows permits to be issued for “Cannabis Distribution (see Business and Professions Code §§ 26001 and 26070).” Section 5 of Resolution No. 17-44 provides that a total of 12 operating permits may be issued by the City for medical cannabis businesses. Consequently, persons seeking to engage in “cannabis distribution” should apply for a medical cannabis distribution permit. Persons obtaining such permits would be required to adhere to the general conditions set forth in Ordinance No. 1323 and the requirements of the California Business and Professions Code.
Q: Please note the below discrepancy between the conditions of approval and the ordinance regarding surveillance video storage periods. Please weigh-in.
7. Cannabis businesses must be equipped with, and at all times be monitored by, a web-based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the Cannabis business. The system must be fully functional before processing, cultivating or dispensing of cannabis. The recordings of the monitoring must be maintained for a period of not less than 90 days and must be made available and accessible to the Police Chief and any other City official charged with enforcing the provisions of the BMC immediately upon request for review and copying, without the need for a search warrant, subpoena or court order. The cannabis business must also provide the Police Chief with the URL address of any on-site web-based video surveillance to monitor remotely at any time without a warrant, subpoena or court order.
RESOLUTION NO. 17-44 - "EXHIBIT A"
P. All interior spaces of the dispensary which are open and accessible to the public (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the cannabis dispensary.
14.16.020 Operational Standards.
A: Ordinance No. 1323 (see BMC § 14.16.020(P) requires surveillance video to be recorded for a minimum of 45 days. Resolution No. Section 6 of Resolution No. 17-44 authorizes the City Manager to utilize standard conditions of approval that are substantially similar to Exhibit A of Resolution No. 17-44. Condition No. 7 requires surveillance video to be kept for at least 90 days. This Condition No. 7 is consistent with Ordinance No. 1323; it is simply more time than the minimum required by BMC § 14.16.020(P). Indeed, conditions of approval for individual permits may, depending on the circumstances of an individual application, require the permittee to keep surveillance video for a period longer than 90 days; that would be consistent both with Ordinance No. 1323 and Resolution No. 17-44.
Q: Does an agreement (or a draft agreement) to defend and indemnify the City have to be submitted with the application on September 27?
A: The indemnification agreement is required with the application. The Applicant and its successors in interest must indemnify, protect, defend (with legal counsel reasonable acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively “Claims”) arising out of or in any way relating to the project, any discretionary approvals granted by the City related to the development of the project or the environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 21000, et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney’s fees, must be paid for by the Applicant.
Q: In regards to the latest announcement: "Applicants must click on this link starting at 4:00 p.m., today, Tuesday, September 26, 2017 and register to become eligible to file an application." What specific information is needed to complete the registration?
A: Applicants will be asked to provide: (1) name; (2) name of the business/organization that will be filing an application they are representing; (3) an email address; and (4) to answer the following question: Did you or a representative from your business/organization attend the mandatory pre-application information meeting on September 6, 2017?
Q: If a company is filing 2 applications, do they need to register twice using the online form? Or will the first timestamp serve for both applications from the same company?
A: Regardless of the number of applications filed, each applicant needs to register only once.
Q: In regards to the Live Scans conducted on Wednesday, September 27, 2017, what is the cost associated with each Live Scan and what are the available payment methods?
A: There is no cost to the applicant. The application fee includes the Live Scan cost.
Q: Can you advise whether the City permits an application to be submitted on behalf of an individual, or must the application be submitted on behalf of an entity (corporation, LLC, etc.)?
A: The application needs to be submitted on behalf of the entity that would operate the business.
Q: If an application is approved under the original applicant, are the licenses granted transferable to a different name before the 12 months of issuance?
A: The discretionary medical cannabis business operating permit is non-transferrable. If a permit is vacated the City Council would have the option to return to the list of interested parties and review applications for a new operating permit, if they so desire.
Q: Are digital signatures acceptable for the application form and other application-related signatures (other than the notarized landlord consent)?
A: Digital signatures are acceptable for the application form and other application-related signatures, apart from the notarized landlord consent.
Q: Since each application requires 15 signed and stamped site plans, and we are required to provide 7 copies of applications, do we need to provide 105 signed and stamped site plans?
A: No, only 15 signed and stamped site plans need to be provided with the 7 copies of applications.
Q: When is the $26,000 annual permit fee and $5,000 education fee required to be paid?
A: If an application is renewed the fees will be due to the finance director, or designee, no later than 3:00 P.M. on January 2, 2019. Each permit is issued on an annual basis and fees must be paid annually.
Q: If we can submit one application for all approved uses, then why do we have to pay $6,357.00 for each use?
A: The City Council approved a $6,357.00 application renewal fee per MCBP, in Resolution 18-65 dated October 9, 2018.
Q: You are asking for the tax “pre-payment” amounts for 2019 and 2020. What do you mean by “pre-payment”?
A: If projected tax revenue amounts for 2019 and 2020 have changed since your last submittal, please recalculate the amounts.
Q: If the proprietors are the same individuals that were noted in our original application and if we submitted proof of their residency at that time and we have made no additions or deletions of proprietors, do you need us to document their residency again?
A: Please list the proprietors on the application. If they have not changed since your original application, there is no need to submit proof of residency again.
All questions and answers are available here. Only questions received in writing will be responded to. City staff is not available to respond to questions on the permit process in person, by phone, or by email.