Part 3.5 — CANNABIS EQUITY ASSISTANCE PROGRAM

A.

To be eligible for the Equity Assistance Program as an equity employee, an individual shall satisfy the following criteria:

Be a natural person; and

Reside in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and

In the year prior to employment with a cannabis business registered in the City of San José, have had an annual household income at or below eighty percent (80%) of the Area Median Income (AMI) for Santa Clara County adjusted for household size; and

The individual satisfies at least one of the following criteria:

a.

Has lived for at least four years in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; or

b.

Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or

c.

Had a parent, guardian, child, or sibling convicted of a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or

d.

Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the California cannabis industry.

B.

To be eligible for the Equity Assistance Program as an equity business owner, an individual shall satisfy the following criteria:

Be a natural person; and

Reside in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and

In the year prior to submitting the application to be an equity business owner, the individual resided in a household with an income at or below 150% of the Area Median Income for San José; and

Holds a minimum of fifty-one percent (51%) or more ownership of the entity applying for a Cannabis Business Registration as an Equity Business Owner; and

Has lived for four years in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and

Meets one of the following criteria:

a.

Has worked in the cannabis industry in San José for at least two years between 2009 and the present; or

b.

Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or

c.

Had a parent, guardian, child, or sibling convicted of a crime relating to the sale, possession, use, or cultivation of cannabis in the California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or

d.

Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the cannabis industry.

C.

To be eligible for the Equity Assistance Program as an Equity Business Partnership, the partnership must meet the following criteria:

The aggregate ownership held by equity business partners must total fifty-one percent (51%) or more; and

Each equity business partner must satisfy the criteria set out in Subsection B above, except for Subsection B.4.

(Ords. 30234, 30726.)

Individuals applying as equity employees at a Cannabis Business or applying for a Cannabis Business Registration as an equity business owner or equity business partnership applicant, may be eligible to receive technical assistance, training for prospective employees, and other services dependent upon funding.

(Ords. 30234, 30726.)

The City Manager shall promulgate regulations pursuant to Section 6.88.315 to further establish an application process and procedures for the Equity Assistance Program. Such regulations may include eligibility verification procedures and registration requirements.

(Ords. 30234, 30726.)