Article 413-4.4 — Commercial Cannabis Health Permit Requirements

It is unlawful for any person to conduct any commercial cannabis activity in the unincorporated area of the county or to deliver cannabis or cannabis products to any location in the unincorporated area of the county without obtaining and maintaining a commercial cannabis health permit.

(Ord. No. 2018-23, § II, 8-7-18)

An application for a commercial cannabis health permit shall be submitted to the director on a form available from the director and shall contain the following information:

(a)

Identifying Information for Applicant. The name, date of birth, social security number, address, and telephone number for the applicant. If the applicant is an entity and not an individual, the term "applicant" means each person participating in the direction, control, or management of the entity, and each person having a financial interest of twenty percent or more in the entity.

(b)

State License Type. A description of the specific state license(s) that the applicant either has obtained or will obtain.

(c)

Description of Operations. A description of the proposed commercial cannabis activity or delivery.

(d)

Certification. Certification, under penalty of perjury, that all the information contained in the application is true and correct.

(e)

An application for a commercial cannabis health permit for a proposed commercial cannabis activity shall contain the following additional information:

(1)

Land Use Permit. A copy of the land use permit issued pursuant to Chapter 88-28 authorizing the proposed commercial cannabis activity, and all applications and materials submitted in support of issuance of the land use permit.

(2)

Description of Premises. The address and assessor's parcel number(s) of the property upon which the proposed commercial cannabis activity will be located.

(3)

Proof of Ownership of Premises. Proof of the applicant's ownership of the premises on which the commercial cannabis activity is to occur, or if the premises is rented or leased, written permission from the property owner containing the property owner's notarized signature that authorizes the tenant or lessee to engage in commercial cannabis activity at the site.

(4)

Diagram. A diagram drawn to scale of the premises, showing a site plan, building layout, all entryways and exits to the facility, loading zones, and all areas in which cannabis and cannabis products will be stored, grown, or dispensed.

(Ord. No. 2018-23, § II, 8-7-18)

An application for a commercial cannabis health permit, or an application for renewal of a commercial cannabis health permit, will not be accepted unless it is accompanied by the payment of a non-refundable application fee in the amount established by the board of supervisors in the health services department's fee schedule.

(Ord. No. 2018-23, § II, 8-7-18)

(a)

The director will review each application for a commercial cannabis health permit. The director will deem the application incomplete if it does not contain all required information and documents, or if all required application fees have not been paid.

(b)

After reviewing a complete application for a commercial cannabis health permit, the director will approve the application unless any of the following grounds for denial exist:

(1)

The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact from the application.

(2)

The proposed commercial cannabis activity or delivery will not comply with the provisions of this chapter.

(3)

The proposed commercial cannabis activity or delivery will not comply with all state and local laws and regulations.

(4)

The applicant has not obtained all required state licenses and local permits.

(5)

The applicant has not paid all required fees in accordance with the fee schedule adopted by the board of supervisors.

(c)

The decision of the director to approve or deny a permit application is final. If the director denies the application, the director will specify in writing the reasons for denial of the application and notify the applicant of the decision.

(Ord. No. 2018-23, § II, 8-7-18)

(a)

Each commercial cannabis health permit will expire on June 30th following the date of its issuance.

(b)

An application for renewal must be filed with the director at least 30 calendar days before the permit expires. If any of the documentation or information supplied by the applicant pursuant to Section 413-4.404 has changed since the permit was issued, the applicant must submit updated information and documentation with the application for renewal. The director will deem the application incomplete if it does not contain all required information and documents, or if all required application fees have not been paid.

(c)

Upon review of a renewal application, the director will approve the renewal application unless any of the following grounds for denial exist:

(1)

Any of the grounds for denial under Section 413-4.408.

(2)

The application is filed fewer than thirty calendar days before the permit expires.

(3)

The applicant is delinquent in payment of county taxes.

(4)

The permit is revoked at the time of application.

(d)

The decision of the director to approve or deny a permit renewal application is final. If the director denies the application for renewal, the director will specify in writing the reasons for denial of the application for renewal and notify the applicant of the decision.

(e)

If a renewal application is denied, an applicant may file a new permit application pursuant to Section 413- 4.404.

(Ord. No. 2018-23, § II, 8-7-18)

A commercial cannabis health permit, or a renewed commercial cannabis health permit, will not be issued until the applicant has paid a non-refundable permit fee in the amount established by the board of supervisors in the county health services department's fee schedule.

(Ord. No. 2018-23, § II, 8-7-18)

(a)

A commercial cannabis health permit is not transferable and automatically terminates upon transfer of ownership.

(b)

Whenever any permittee sells or transfers a financial interest of 20 percent or more in the permittee's business, the acquiring party must obtain a new commercial cannabis health permit pursuant to Section 413-4.402.

(c)

A commercial cannabis health permit is issued to only the permittee identified on the permit. A commercial cannabis health permit does not run with the land.

(Ord. No. 2018-23, § II, 8-7-18)