Imperial County Municipal Code Ch. 14.04 Commercial Cannabis Activity Licenses

A. All commercial cannabis activities or cannabis operations located in or conducting business within the unincorporated areas of Imperial County shall be required to procure and maintain a CCA license. Engaging in a commercial cannabis activity or cannabis operation without a valid CCA license shall be a violation of this title.

B. The CCA license required by this chapter is in addition to any licenses or permits required by the county of Imperial, the state of California's Bureau of Cannabis Control, the CalCannabis Cultivation Licensing, and the Manufactured Cannabis Safety Branch. All commercial cannabis activities and cannabis operations shall be in compliance with the permitting and licensing requirements under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

C. The enforcement agency will process the application in accordance with all applicable county ordinances. If at any time during the processing of the application for a commercial cannabis license (CCA), the applicant becomes non-responsive to the request of the enforcement agency for a period more than sixty (60) days, the enforcement agency may consider the application abandoned and terminate the application. If the CCA application is terminated the applicant will be required to submit a new application along with all supporting documents and will be subject to a new application processing fee.

D. For the purposes of this chapter the county of Imperial Planning and Development Services Department shall be the commercial cannabis activity enforcement agency.

(Ord. No. 1543, § 1, 6-18-19)

A. A cannabis operation wishing to engage in multiple commercial cannabis activities shall obtain a separate CCA license for each commercial cannabis activity being operated.

B. Multiple CCA licenses shall only be issued to a cannabis operation when the operation of multiple commercial cannabis activities does not conflict with the licensing provisions found within MAUCRSA.

(Ord. No. 1543, § 1, 6-18-19)

Every permit and license required by the county of Imperial or state of California shall be conspicuously displayed in the place of business for which it is issued.

(Ord. No. 1543, § 1, 6-18-19)

A. Every application for a special temporary cannabis event, a CCA license or renewal of a CCA license to operate a commercial cannabis activity or cannabis operation shall be accompanied by the applicable fees as set forth in the fee schedule below:

CCA LICENSE FEE SCHEDULE

B. An applicant that simultaneously submits multiple applications for commercial cannabis activities that are proposed to be located on the same premises, and are determined by the enforcement agency to be part of the same cannabis operation, shall be charged the full amount for the first application, and a reduced rate for each additional application, as specified in the CCA license fee schedule. However, the applicant shall still be required to pay the annual license fee for each CCA license issued by the enforcement agency.

C. Additional or Extraordinary Expenses.

1. In addition to the standard fees stated in the CCA license fee schedule, all applicants requesting a CCA license or renewal, security plan review or a special temporary cannabis event, shall be required to pay for any additional or extraordinary work conducted by the enforcement agency or its agents. Such additional or extraordinary work shall include, but not be limited to substantial modification or corrections to submitted paperwork, additional environmental review, and/or additional legal review.

2. All additional and extraordinary work shall be billed on a time and materials ("T/M") basis. T/M charges are based on the hourly rate of the enforcement agency or its agents, and the cost of any materials or services required for providing the service.

D. In addition to the fees stated in the CCA license schedule, all applicants shall be required to pay all other fees, charges, assessments, and taxes required under the Imperial County Codified Ordinances and any other applicable federal, state, or local laws.

(Ord. No. 1543, § 1, 6-18-19)

A. CCA licenses issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and shall be renewed annually. The business/operator shall request a renewal of the CCA license in writing within from the enforcement agency sixty (60) days prior to the expiration date.

B. Proof of a valid state license for commercial cannabis activity license issued by the state of California shall be required prior to renewal of a CCA license.

(Ord. No. 1543, § 1, 6-18-19)

Every person, firm, corporation, or nonprofit organization having a CCA license as required under this chapter who fails to reapply for such license within the time prescribed by Section 14.04.060 shall, in addition to the required fee, pay a penalty fee in the amount of twenty-five percent (25%) of the required fee.

(Ord. No. 1543, § 1, 6-18-19)

CCA licenses issued pursuant to this chapter are nontransferable. It shall be the responsibility, upon sale or transfer of ownership or controlling interest, of the new person involved to notify the enforcement agency and apply for a new CCA license.

(Ord. No. 1543, § 1, 6-18-19)

A. Any CCA license issued pursuant to this chapter may be suspended or revoked for good cause by the enforcement agency. "Good cause," for the purpose of this section, means a violation of any of the applicable provisions of MAUCRSA, these Codified Ordinances of Imperial County, any applicable rules or regulations adopted thereunder, or any conditions of the CCA license.

B. The enforcement agency shall issue and serve upon the licensee a notice setting forth in clear and concise language the acts or omissions with which the licensee is charged and informing licensee of licensee's right to a hearing and take remedial action as necessary.

C. At any time within the fifteen-day period after service of such notice, the licensee may request a hearing before the enforcement agency to show cause as to why the CAA license should not be suspended or revoked.

D. A failure to request a hearing within fifteen (15) days shall be deemed a waiver of a right to such hearing. The enforcement agency may call a hearing for the purpose of investigating any violations of this title.

(Ord. No. 1543, § 1, 6-18-19)

Before a suspended CAA license shall be reinstated, the owner, operator, or manager of any commercial cannabis activity or cannabis operation for which the CCA license has been suspended, shall be required to correct the conditions, which caused the enforcement agency to suspend the CAA license. The corrections shall be done within sixty (60) days. Upon such corrections, the CCA license shall be returned at to the licensee. The cost for reinstatement will be as follows: first offence $0.00; second offence five hundred dollars ($500.00); third offense one thousand dollars ($1,000.00). In the event the operator has a fourth or greater offence the operator shall pay one thousand five hundred dollars ($1,500.00) and will be require county of Imperial Board of Supervisor approval to reinstate their CCA license.

(Ord. No. 1543, § 1, 6-18-19)