Santa Barbara County Municipal Code § 50-10 Application review by the planning and development and community services…

(a) It is the intent of the board of supervisors, in enacting this chapter, to: encourage a well regulated cannabis industry, to eliminate illegal cannabis operations and access to illegal and untested cannabis and to protect the health, life, safety and general welfare of residents, particularly vulnerable minors.

(b) Nothing in this chapter is intended, nor shall it be construed, to: (i) allow persons to engage in conduct that endangers others or causes a public nuisance; (ii) exempt commercial cannabis activity from compliance with all applicable county codes and ordinances including, but not limited to, zoning and land use regulations, as well as any applicable state laws; or (iii) protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this chapter and this chapter is not intended to, and does not authorize conduct or acts that violate federal law and does not protect any person from arrest or prosecution under those federal laws. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, use of cannabis and/or any other cannabis activity.

(c) Cannabis activities already are highly regulated by both the state and federal governments, and their regulation of cannabis activities is subject to rapid changes. The board of supervisors retains all of its statutory authority concerning cannabis activities. For example, even if the ordinance adding this chapter becomes operative, the board of Supervisors still may amend or take action(s) later to change the zoning and/or licensing of cannabis activities to being prohibited. Changing the zoning and/or licensing of cannabis activities to being prohibited, could occur—for example, but is not limited to—if: 1) the county treasurer is not able to deposit cannabis-related funds in a suitable financial institution; and/or 2) the board of supervisors submits a proposed county tax on commercial cannabis activity to the voters and the voters do not approve the tax. In part because cannabis activities are highly regulated by both the state and federal governments and their regulation of cannabis activities is subject to rapid changes, the board of supervisors later may need to change the zoning and/or licensing of cannabis activities to being prohibited and may need to do so without cannabis activities receiving: 1) an amortization period; and/or 2) legal nonconforming use status.

(Ord. No. 5037, § 1, 5-1-2018)

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

(a) "Applicant" means a person or entity who has submitted an application for a cannabis business license or renewal of a cannabis business license issued pursuant to this chapter.

(b) "Business" means any cannabis operation required to be licensed under this chapter.

(c) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including, but not limited to, separated resin. "Cannabis" also means medical and non-medical marijuana. "Cannabis" does not include industrial hemp, as defined in Section 11018.5 of the Health and Safety Code as may be amended.

(d) "Cannabis business license" means a license issued by the county to an applicant to perform commercial cannabis activities under this chapter.

(e) "Canopy" means the designated area(s) at a licensed premises, except nurseries, that will contain mature flowering plants at any point in time, as follows:

(1) Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature flowering plants at any point in time, including all of the space(s) within the boundaries;

(2) Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and

(3) If mature flowering plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

(f) "Commercial cannabis activity" means any activity, recreational or medicinal, including the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and/or cannabis products as provided in this chapter. "Commercial cannabis activity" does not include personal use.

(g) "Commercial cannabis operation" means any person or entity that engages in commercial cannabis activities.

(h) "County Executive Officer" or "CEO" means the county executive officer of the County of Santa Barbara, his or her deputies or any other county officer charged with the administration of the provisions of this chapter, including scoring and ranking the neighborhood compatibility proposals for storefront retail, providing an approval or disapproval to the treasurer-tax collector to issue a license, license renewal or notice of denial of a license to any applicant. The CEO may appoint others to assist in administering the provisions of this chapter.

(i) "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing or trimming of cannabis, as well as grading of land to conduct any activity. Cultivation includes outdoor cultivation, indoor cultivation, and mixed light cultivation as follows:

(i) "Indoor cultivation." The cultivation of cannabis within a structure using exclusively artificial light.

(ii) "Outdoor cultivation." The cultivation of cannabis, outside of a structure, without the use of artificial lighting in the canopy area at any point in time. Cultivation within a hoop structure is considered outdoor cultivation.

(iii) "Mixed-light cultivation." The cultivation of cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or one of the artificial lighting models, excluding hoop structures.

(j) "Distribution" means the procurement, wholesale, and transport of cannabis and cannabis products between licensees.

(k) "Distributor" means a facility used for the storage and distribution of cannabis and cannabis products.

(l) "Financial interest" means an investment into a commercial cannabis business, a loan provided to a commercial cannabis business, or any other equity interest in a commercial cannabis business.

(m) "Financial interest holder" means any individual(s) or business entity(ies) that have a financial interest in a commercial cannabis business but are not owners as defined in this section.

(n) "Hearing officer" means a county department executive or manager, or their designee, or the local compliance officer, or an experienced public agency employee, licensed professional (attorney, engineer, accountant, health professional, etc.), or qualified administrative law judge, not involved in cannabis licensing or permitting that presides and rules on decisions made by any county officer charged with the administration of the provisions of this chapter, including providing an approval or disapproval to the treasurer-tax collector, to issue a license, license renewal or notice of denial of a license to any applicant.

(o) "Unincorporated area outside of the Carpinteria Agricultural Overlay" means any portion of the unincorporated area of Santa Barbara County located outside of the Carpinteria Agricultural Overlay District Boundaries, as described in Section 35-102F.2, Applicability and District Boundaries, of the Article II Coastal Zoning Ordinance and shown on the Carpinteria Valley Coastal Plan Zoning Overlay Map.

(p) "Land use entitlement", also referred to as "planning permit" or "permit", means any development or use authorized under the Land Use and Development Code or Coastal Zoning. A land use entitlement is separate and distinct from a cannabis business license.

(q) "Licensee" means a person issued a county cannabis business license under this chapter.

(r) "Local compliance officer" means the CEO, or their designee, with administrative oversight over the county's cannabis program. The local compliance officer is the primary point of contact with state authorities.

(s) "Manufacturing" means a cannabis operation that engages in extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. Manufacturing includes volatile manufacturing (using any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures) and nonvolatile manufacturing (using any solvent in the extraction process that is not a volatile solvent, mechanical extraction or infusion).

(t) "Microbusiness" means any cannabis operation engaged in three of the four following types of cannabis activities: cultivation, distribution, non-volatile manufacturing, and/or retail.

(u) "Multi-technology carbon filtration" means air filtration technology that utilizes activated carbon, which may include carbon filters, photocatalytic oxidation (PCO) units and/or other equivalent technologies that utilize carbon filtration. Multi-technology carbon filtration or equivalent technology means other odor controls systems that provide equivalent or greater odor control effectiveness than multi-technology carbon filtration.

(v) "Nursery" means a cannabis operation that only produces clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

(w) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, cooperative, collective, or any other group or combination acting as a unit and includes the plural as well as the singular number.

(x) "Personal use" means the cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with state law.

(y) "Premises" means the designated structure or structures and land specified in the state application that is owned, leased or otherwise held under the control of the applicant where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one state license.

(z) "Primary caregiver" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

(aa) "Property owner" means the individual or entity who is the record owner of the lot where commercial cannabis activities are located or are proposed to be located.

(bb) "Qualified patient" has the same definition as in Section 11362.7 of the California Health and Safety Code, as may be amended.

(cc) "Retail" means both storefront and non-storefront retail as follows:

(1) "Non-storefront retail." Delivery-only retail of commercial cannabis or cannabis products, also referred to as non-storefront retailer; and

(2) "Storefront retail." The retail sale and delivery of cannabis or cannabis products to customers, also referred to as a storefront retailer. A retailer shall operate from a licensed premise. A retailer's premise may be closed to the public. A storefront retailer may also conduct some sales by delivery.

(dd) "Sheriff" means the sheriff of the County of Santa Barbara, and his or her deputies.

(ee) "State" means the State of California.

(ff) "State license" means a state license for cannabis, whether an "M" license or an "A" license or another type of license, issued pursuant to California Business and Professions Code Sections 26000, et seq., as may be amended, or other authority.

(gg) "State licensing authorities" means the California Department of Cannabis Control, or other state department(s), bureau(s) and/or office(s) that issue cannabis licenses.

(hh) "Treasurer-tax collector" means the elected treasurer-tax collector-public administrator of the County of Santa Barbara, his or her deputies or any other county officer charged with the issuing licenses, noticing denials of licenses or renewing of licenses to applicants pursuant to the provisions of this chapter.

(ii) "Testing" means an accredited laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5088, § 1, 8-27-2019; Ord. No. 5097, § 1, 1-14-2020; Ord. No. 5130, § 1, 2-9-2021; Ord. No. 5146, § 1, 11-9-2021; Ord. No. 5164, § 1, 11-29-2022; Ord. No. 5246, § 1, 4-1-2025)

(a) Any person who intends to engage in a commercial cannabis operation in the unincorporated area of the county shall obtain a cannabis business license. A separate cannabis business license shall be required for each person or entity for each fixed location in which the commercial cannabis activity is to occur and for each licensed activity as noted in subsection (c) below.

(b) A cannabis business license shall be obtained before the commencement of business or, if the business is in operation and a license possessed, prior to the expiration of such license. It is unlawful for any person to conduct, engage in, or allow to be conducted or engaged in a commercial cannabis activity in the unincorporated area of the county, unless the county has issued such person a business license under this chapter and the license is in effect.

(c) Any person who seeks or obtains the following state licenses is also required to obtain the corresponding Santa Barbara County Cannabis Business Licenses as identified below:

* Pursuant to Business and Professions Code § 26050, as may be amended.

(d) Commercial cannabis operations shall submit a Santa Barbara County business license application within thirty calendar days of approval of a land use entitlement, except as provided in section 50-7, regardless of whether it is appealed.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 2, 2-9-2021; Ord. No. 5146, § 2, 11-9-2021)

All cannabis business licenses shall be valid for one year from the date of issuance by the treasurer-tax collector, unless suspended or revoked by the county pursuant to section 50-27.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The following cannabis activities are exempt from the cannabis business license requirements of this chapter:

(1) Possession, processing, storage, transportation, or donation of not more than twenty-eight and one-half grams of cannabis or not more than eight grams of concentrated cannabis by persons twenty-one years of age or older.

(2) Cultivation in a legally established, secure dwelling or an enclosed, legally established, secure building that is accessory to a dwelling of up to six cannabis plants by persons twenty-one years of age or older as allowed pursuant to Health and Safety Code Section 11362.1(a), as may be amended, and as allowed by the County Land Use and Development Code Section 35.42.075, Montecito Land Use and Development Code Section 35.422.055, and Coastal Zoning Ordinance Section 35-144U, as may be amended.

(3) Legal nonconforming medical marijuana cultivation sites established by County Code Section 35-1003, until they are terminated pursuant to County Code Section 35-1003.C, as may be amended, or otherwise expire or end, or as set forth below.

(i) Once a land use entitlement is approved for a cannabis operation that claimed legal nonconforming status pursuant to County Code Section 35-1003, that operation may only continue operating without a county cannabis business license if:

a. The cannabis operation timely applies for a county cannabis business license in accordance with subsection 50-3(d); and

b. There is acreage available for the cannabis operation under the limitations in subsection 50-7(a)(2) and subsection 50-7(a)(3), and based on the cannabis operation's place on the eligible business license applicants list(s) within the acreage cap; and

c. The cannabis operation files all cannabis tax reports and pays required taxes on cannabis operations; and

d. The cannabis operation makes appropriate progress through the county's business licensing process, as determined by the CEO's office. (For purposes of this subsection appropriate process shall include, but not be limited to, timely and complete compliance with any staff requests, timely submittals, timely scheduling of site visits, etc.); and

e. The cannabis operation complies with all requirements of the land use entitlement, the County Code, and state law.

(ii) If the land use entitlement application for a cannabis operation that claimed legal nonconforming status pursuant to County Code Section 35-1003 is still in process once the acreage within the applicable cap in section 50-7 is committed by persons/applications on the eligible business license applicants list, the operation must cease all cannabis cultivation operations no later June 30, 2022. The applicant may continue to pursue a land use entitlement and business license; however, the legal nonconforming use is terminated and must cease operation by the date provided in this subsection.

(iii) If the land use entitlement application for a cannabis operation that claimed legal nonconforming status pursuant to County Code Section 35-1003 is denied or withdrawn, all cannabis cultivation operations shall terminate as has been set forth in County Code Section 35-1003(C)(3) since February 6, 2018.

(b) Possession of other types of state or county permits or licenses, shall not exempt the applicant from obtaining a cannabis business license under this chapter.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 3, 2-9-2021; Ord. No. 5146, § 3, 11-9-2021)

(a) An applicant must receive all necessary land use entitlements, which are final, un-appealable, approved and issued, as required by chapter 35, zoning, of the Santa Barbara County Code before the county will issue a cannabis business license under this chapter. To apply for a cannabis business license, an applicant shall possess an approved land use entitlement, as required.

(b) The terms and conditions of any other state or county permits or licenses, shall not modify the requirements of a license granted under this chapter, except that the cannabis business license must be consistent with the land use entitlement issued by the county pursuant to chapter 35, zoning, of the Santa Barbara County Code, including, but not limited to, the County Land Use and Development Code and Article II, the Coastal Zoning Ordinance.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5088, § 2, 8-27-2019; Ord. No. 5146, § 3, 11-9-2021; Ord. No. 5164, § 2, 11-29-2022)

(a) Limits on Cannabis Cultivation, Nursery and Microbusiness Licenses. To avoid visual impacts and nuisances associated with significant concentrations of cannabis cultivation:

(1) No outdoor cultivation, nurseries or microbusinesses with outdoor cultivation will be licensed in the coastal zone. In addition, no outdoor cultivation, nurseries or microbusinesses with outdoor cultivation will be licensed within two miles of the urban rural boundary or city boundary in the coastal zone.

(2) No more than one hundred thirty-four acres of cannabis planting, growing, and harvesting; nurseries; and microbusinesses with cultivation shall be licensed at any one time within the boundaries of Area A and Area B of the Carpinteria Agricultural Overlay District as defined in County Ordinance 4529.

i. Eligibility List. Applications for cannabis cultivation, nursery and microbusinesses business licenses will be processed and licenses will be issued up to the acre limit established in subsection (2) above, as follows:

A. Any person interested in obtaining a cannabis business license described in this section must first obtain an approved land use entitlement. Cannabis operators who have obtained an approved land use entitlement, submitted a business license application for their cannabis activity within the overlay area that has been accepted by the county executive office, and paid any required application fees are eligible to be added to the eligibility list in accordance with subsection B below.

1. Any person who submitted a cannabis business license application that has been accepted by the county executive office with any required fees before receiving an approved land use entitlement is required to notify the CEO, in writing within five days of approval of the land use entitlement. The applicant is also required to notify the CEO of any denial or appeal. Failure to provide notice, will prevent the business from being added to the eligibility list unless a new business license application is submitted in accordance with this chapter.

B. Prior to the acre limit being committed, persons with an approved land use entitlement and complete business license application that has been accepted by the county executive office and paid any required fees will be placed on an "Eligible Business License Applicants List: Carpinteria Ag Overlay" in order based on: i) receipt by the CEO of all the requirements listed herein, or ii) of notification from the business that the land use entitlement has been approved in accordance with subsection (2)(i)(A)(1) above. Business licenses will only be issued for the specific acreage listed on the business license application (as long as this acreage is consistent with or less than the acreage in the approved land use entitlement) or a lesser acreage amount as requested by the applicant, permitted by the planning and development department or necessary to comply with the maximum allowed acreage in the overlay area as established in this section, or the amount of acreage as allowed by subsection (a)(2)(iii) below.

C. In the overlay area, business licenses will only be issued to persons on the Eligible Business License Applicants List: Carpinteria Ag Overlay after obtaining a final issued land use entitlement and completing all the requirements of this chapter.

D. Persons listed on the Eligible Business License Applicants List: Carpinteria Ag Overlay are nontransferable except as provided in section 50-23.

ii. A licensed cultivator will be allowed to continue to operate as long as the licensed cultivator timely files for renewal of the cannabis business license and complies with this chapter.

iii. Maintenance of Requested Acreage. The below provisions in subsection (a)(2)(iii) apply to licenses and renewals beginning on and after December 28, 2022.

A. The acreage authorized by the initial business license or renewal issued after December 28, 2022 is limited by subsection (a)(2)(i)(B) above.

B. Upon the next renewal:

1. If the licensed cultivator is able to demonstrate the operation reached the amount of acreage requested for planting, growing, harvesting, nursery, or a microbusiness with cultivation in actual operations during the prior year, the licensed cultivator is able to secure up to the acreage amount in the initial business license in renewal licenses going forward, subject to requests to fallow as discussed in subsection (a)(2)(iii)(F) below.

2. If the licensed cultivator did not reach the amount of acreage requested for planting, growing, harvesting, nursery, or a microbusiness with cultivation in actual operations during the prior year, the licensed cultivator is able to secure up to the acreage amount in the initial business license for one renewal.

C. Upon the following renewal:

1. If the licensed cultivator is able to demonstrate the operation reached the amount of acreage requested for planting, growing, harvesting, nursery, or a microbusiness with cultivation in actual operations during the prior year, the licensed cultivator is able to secure up to the acreage amount in the initial business license in renewal licenses going forward, subject to requests to fallow as discussed in subsection (a)(2)(iii)(F) below.

2. If the licensed cultivator did not reach the amount of acreage requested for planting, growing, harvesting, nursery, or a microbusiness with cultivation in actual operations during the term of the first renewal license, then the second renewal license may only be issued for up to the amount of acreage reached in actual operations. The applicable eligible business license applicants list will be adjusted by the CEO to reflect actual licensed acreage, the licensed cultivator would no longer have a hold on the additional acreage, and it becomes available for the next person on the Wait List, pursuant to subsection (a)(2)(iv).

D. Upon subsequent renewals, if the planting, growing, harvesting, nursery, or a microbusiness with cultivation reached in actual operations dips below eighty percent of the licensed acreage, the next renewal would be subject to the requirements in subsection (a)(2)(iii)(B) then subsection (a)(2)(iii)(C) the following year.

E. If a licensed cultivator has reached the amount of acreage requested for planting, growing, harvesting, nursery, or a microbusiness with cultivation in the prior license year and the associated land use entitlement authorizes additional acreage, upon renewal the licensed cultivator may request additional acreage if it is available under the applicable eligibility list or may request to be placed on the wait list for the additional acreage.

F. Request to Fallow. Once the amount of acreage requested has been reached in actual operations and maintained for at least three consecutive years, the licensed cultivator may submit a request to the CEO to fallow cannabis planting, growing, harvesting, nursery, or a microbusiness with cultivation operations for up to twelve months. The licensee shall maintain their cannabis business license and remain in good standing with the terms of this chapter. Each operation may submit a fallowing request no more than once every three years. Pauses in cannabis cultivation of less than eight months between crops during a license period shall not be considered fallowing for purposes of this section.

iv. Wait List. Once, and whenever, the one hundred thirty-four acre limit is committed, as determined by the acreage requested by eligible business license applicants in accordance with subsection B above, persons with an approved land use entitlement will be placed on an "Eligible Business License Applicants List: Carpinteria Ag Overlay Wait List" (wait list) as follows:

A. To be placed on the wait list, a person must have an approved land use entitlement and must submit notification to the CEO of the desire within five days of approval of the land use entitlement or within five days of submittal of a renewal license requesting additional acreage.

B. Once the acre limit is committed by the issuance of business licenses to all applicants on the Eligible Business License Applicants List: Carpinteria Ag Overlay no additional licenses will be issued unless and until an issued license is revoked or not renewed, or otherwise becomes available. At the CEO's discretion, when additional acreage becomes available for cannabis planting, growing, and harvesting, nurseries and microbusinesses with cultivation, the next person on the wait list will be notified in writing by the county and given the opportunity to complete the licensure process or amend their existing license or license application to include the additional acreage. If the county removes cannabis drying, curing, and trimming from the acre limit, upon the effective date of that change, each operation on the Eligible Business License Applicants List: Carpinteria Ag Overlay with acreage committed for cannabis drying, curing, or trimming will be given a right of first refusal to seek to amend, revise, or apply for a new land use entitlement and license to expand their operation by the amount of acreage of cannabis drying, curing, and trimming previously committed by their operation; if an operation declines or their land use entitlement is denied, at the CEO's discretion, the next person on the wait list will be notified by the county and given the opportunity to complete the licensure process.

1. After county notification, the person on the wait list has thirty days to submit a business license application and any required fees to the CEO.

2. Failure to act within thirty days, as required in subsection 1) above, will result in forfeiture of the applicant's place on the wait list and the CEO may contact the next eligible person on the wait list.

C. Persons on the wait list shall annually renew their interest in remaining on the wait list by submitting a written request to the county executive office on the anniversary of being placed on the wait list or on another date established by the CEO. Failure to provide timely notification will result in removal of the person from the wait list.

(3) No more than one thousand four hundred seventeen acres of cannabis planting, growing, and harvesting; nurseries; and microbusinesses with cultivation shall be licensed at any one time within the unincorporated area outside of the Carpinteria Agricultural Overlay (as defined in section 50-2) of the County of Santa Barbara. This one thousand four hundred seventeen acres shall be in addition to the one hundred thirty-four acres of cultivation, nurseries and microbusiness with cultivation allowed in the Carpinteria Agricultural Overlay District under subsection (a)(2) above.

i. Eligibility List. Applications for cannabis planting, growing, and harvesting, nursery and microbusinesses business licenses will be processed and licenses will be issued up to the acreage limit established in subsection (3) above using the same process outlined in subsection (a)(2)(i) above or the amount of acreage as allowed by subsection (a)(2)(iii) above, however the list shall be entitled "Eligible Business Applicants List: Unincorporated".

ii. A licensed cultivator will be allowed to continue to operate as long as the licensed cultivator timely files for renewal of the cannabis business license and complies with this chapter.

iii. Wait List. Once, and whenever, the one thousand four hundred seventeen acre limit is committed, as determined by the acreage requested by eligible business license applicants, persons with an approved land use entitlement will be placed on an "Eligible Business License Applicants List: Unincorporated Wait List". The wait list will be established and maintained using the same process outlined in subsection (a)(2)(iv) above.

iv. If a cannabis operation that claimed legal nonconforming status pursuant to County Code Section 35-1003 has an approved land use entitlement and has been placed on the Eligible Business License Applicants List: Unincorporated, but does not have an approved and issued business license by October 31, 2022, the operation must suspend all commercial cannabis activity no later than October 31, 2022. The applicant may continue to pursue a business license and the operation shall retain its place on the Eligible Business License Applicants List: Unincorporated, but must suspend all commercial cannabis activity by the date provided in this subsection unless and until a business license is approved and issued. If the operation still does not have a business license approved and issued by December 31, 2022, it shall cease all commercial cannabis activity and lose its place on the Eligible Business License Applicants List: Unincorporated, and staff shall provide written notification to the state pursuant to subsection 50-31(b) of this chapter.

(b) Limits on Cannabis Storefront Retail Licenses. No more than six storefront retail cannabis operations may be licensed by the county with a cannabis business license at any time.

1. To avoid excessive concentration of storefront retail operations within the county, a maximum of one storefront retail operation may be allowed in each of six community plan areas: 1) Orcutt, 2) Los Alamos, 3) Santa Ynez, 4) Eastern Goleta Valley, 5) Isla Vista/Goleta, and a combined 6) Summerland and Toro Canyon, as defined on the effective date of the ordinance adding this section.

2. This limitation also applies to microbusinesses seeking to operate a storefront retail as part of the microbusiness.

(c) Community Input and Priorities for Cannabis Storefront Retail Selection. Two months prior to any notice of criteria-based application and submission process, county staff shall conduct a public meeting in each of the six community plan areas. Following each community plan meeting, the county executive office will post the resulting list of neighborhood compatibility priorities based on consistency with the relevant community plan and compliance with zoning standards on the county's website.

(d) Criteria-Based Application and Selection Process for Cannabis Storefront Retail. The limited retail licenses, as outlined in subsection (b) above, will be issued to those applicants who comply with the requirements of the County Code and are selected through a criteria-based selection process administered by the county executive office as follows:

1. Notice of Criteria-Based Application and Submission Process. The county executive office will publish notice of availability of applications for cannabis storefront retail licenses and the deadline for submission of applications at least thirty calendar days prior to availability of the application. All notices required by this subsection will be published once in a newspaper of general circulation in the county and will be posted on the county's website. The application will be available for seven calendar days before the submittal deadline.

2. Criteria-Based Scoring Sheet. The county executive office will publish on the county's website the criteria-based scoring sheet for cannabis storefront retail licenses, including scoring and ranking of the business operations proposal and the neighborhood compatibility proposal, on the same day as the criteria-based application and submission process noted in subsection 1. above.

3. Criteria-Based Application Process.

i. Any person interested in obtaining a cannabis storefront retail business license described in this section must first timely submit a complete application in accordance with subsection 50-7.d.3 to the county executive office by the published submittal deadline pursuant to subsection 1. above, to be included in the criteria-based selection process. Applicants shall have no right to a cannabis business license until the license is actually issued in accordance with this chapter, and then only for the duration of the license term. Each applicant assumes the risk that, at any time prior to the issuance of a license, the county may amend, terminate or delay the licensing program created under this chapter.

ii. Application submission packets will be limited to no more than one hundred fifty one-sided letter-sized (8½" x 11") pages inclusive of all text, graphics, document attachments, and any forms required by the county. All fonts, within all portions of the submitted application, are required to be twelve-point or larger. Two-sided applications complying with these requirements will also be accepted as long as the application packet is no longer than seventy-five total pages. Any application submission that fails to meet these application submission requirements will be disqualified.

iii. The application shall include:

A. All information, documents and attestations as required in section 50-8 below, except that:

1. Evidence of submittal to live scan will be accepted pursuant to subsection 50-8.b.6.ii; and

2. Submission of the state cannabis license application pursuant to subsection 50-8.b.2.vi.A, the state seller's permit pursuant to subsection 50-8.b.vi.D, and the county's land use application or entitlement pursuant to subsection 50-8.b.2.vii will not be required as part of this criteria-based application.

B. A non-refundable application fee.

C. A Business operations proposal which will be evaluated based on the following criteria:

1. Experience owning or operating a cannabis related business;

2. Record of cannabis operations:

i. In Santa Barbara County;

ii. In California;

iii. In the United States;

3. Proof of corporate status from California secretary of state;

4. Step-by-step procedures to demonstrate compliance with state and local regulations for the proposed business including cash management plan;

5. Finance plan and pro forma financial statement, including projected revenue and expenses and proof and level of capitalization;

6. Employee training program;

7. Product procurement and delivery plan;

8. Communications/marketing strategic plan that demonstrates compliance with state and local regulations;

9. Local employment goals and supply chain support plan;

10. Labor protections for retailers with more than fifteen employees; and

11. Any other information determined by the CEO to be necessary for the purpose of criteria-based selection.

D. A neighborhood compatibility proposal which will be evaluated based on the following criteria:

1. Site visit;

2. Customer and community education plan;

3. Community engagement and local involvement plan that address specific needs within the community hosting the cannabis storefront retail location;

4. Neighborhood compatibility plan including, but not limited to, interior and exterior design, odor control, onsite parking, compliance with community plan standards and comprehensive plan standards; and

5. Any other information determined by the CEO to be necessary for the purpose of criteria-based selection, including, but not limited to, the list of priorities established in subsection c) above.

iv. The county will only accept one application per person per proposed operation location. If more than one application for a location is received, all applications will be returned to the property owner to indicate which application is the one authorized to operate at the proposed location. If the property owner fails to timely respond to the county, no applications will be accepted for the location. Applications are nontransferable.

v. Determining Accepted Applications. The county executive office will review all timely submitted applications.

A. The county executive office will forward all timely and complete applications to the planning and development department to determine whether each applicant's cannabis operation site preliminarily meets zoning and permitting standards (i.e. that the location for the proposed operation is allowable in the zone and is within a designated community plan in accordance with subsection 50-7.b above, that the location meets all setback requirements, etc.).

B. Applications that successfully comply with the submittal standards listed in subsections i. through iv. above, and pass the preliminary zoning and permitting standards review in subsection A. above will be considered accepted applications. A list of accepted applications, by business name listed on the application, will be posted on the county's website.

C. Non-accepted applications will be notified by email and first-class mail, at the addresses submitted in the application, of non-acceptance and reason for the application not being accepted. Notwithstanding anything in this chapter to the contrary, the county reserves the right to reject any or all applications if it determines it would be in the best interest of the county, taking into account the health, safety and general welfare of the community. Reasons for non-acceptance may include, but are not limited to:

1. The application was received after the submittal deadline;

2. The application is incomplete, is not on the required form, or does not comply with the requirements in this section, including excessive pages, failure to submit all required proposals, information, or documents, contains excess or extraneous materials not called for in the application package, etc.;

3. The full application fee was not submitted;

4. More than one application per location is submitted;

5. The proposed operation site does not preliminarily meet the zoning and permitting standards;

6. The applicant or owner has a felony conviction as addressed in subsections 50-11 or 50-17.c; or

7. The applicant or owner made a false, misleading or fraudulent statement or omission of fact in the application or criteria-based selection process.

D. Any applicant whose application is not accepted will have five business days after notification is posted in accordance with subsection B. above and sent in accordance with subsection C. above to file a written non-acceptance protest with the county executive office. Non-acceptance protests will be considered by the county executive office and all decisions of the county executive office are final.

E. Accepted applications may be forwarded to a contracted third-party consultant for scoring and/or ranking as discussed in subsection vi. below. The CEO and the third party consultant may consult with departments involved with cannabis business licensing identified in section 50-9, as well as sections 50-10 through 50-14 below, to determine compliance with County Code requirements. Accepted applications and listed applicants and owners are nontransferable.

1. If the results from the live scan are not received by the time that the county executive office concludes its review of the submitted applications, then the application will be deemed conditionally accepted and may subsequently be rejected based on the live scan results as noted in subsection 6. above.

vi. Scoring and Ranking Process. Accepted applications will be scored and ranked by community plan area based on the criteria established in this section using the scoring sheet provided with the notice of criteria-based application.

A. Scoring. Each accepted application will be scored based on the submittal elements listed in the score sheet.

1. Points assigned to each submittal element will be based on a minimum scale of 0—5 point, with 0 points being unacceptable and 5 points being excellent or exceptional.

2. Scored submittal elements shall be weighted as follows: twenty-five percent based on the general application submittal required in subsection 50-7.d.3.iii.A, and seventy-five percent based on the business operations proposal required in subsection 50-7.d.3.iii.C.

3. Each accepted application must receive a score of eighty-five percent or greater to be considered a qualified application. In no case will an application that receives less than eighty-five percent of the possible criteria-based points available be placed on the preliminary ranked storefront retail list.

B. Ranking. For each application that receives eighty-five percent or more of the total points in subsection A. above, the evaluator(s) will use a forced ranking method to identify the overall highest-ranked application and to rank the other accepted and qualified applications. Ranking shall be weighted as follows: ten percent based on the application as a whole and ninety percent based on the neighborhood compatibility plan. If multiple evaluators are used to rank accepted and qualified applications, the rankings will be averaged to determine the ranking that will be included on the preliminary ranked storefront retail list.

vii. Preliminary Ranked Storefront Retail List. The county executive office will post the preliminary ranked storefront retail list of all scored and ranked accepted and qualified applications by each community plan area on the county's website and a copy of the lists will be available in the county executive office. All accepted and qualified applications will be notified of the lists posting via email and first class mail, based on the addresses provided in the application. Any accepted applicant will have five business days after the posting of a list on the county's website to file a written scoring protest with the county executive office. Scoring protests will be considered by the county executive office and all decisions of the county executive office are final.

viii. Final Ranked Storefront Retail List. Following the resolution of any protest, the county executive office will create and post on the county's website the final ranked storefront retail list for each community plan area as allowed in subsection 50-7.b.

(e) Cannabis Retail Ranked Lists.

1. Once the final ranked storefront retail list for each community plan is complete, the lists will be valid for five years or until all names are exhausted from the list. Upon exhaustion of the list or at the end of five years, the process listed above may begin anew if the maximum number of cannabis storefront retail business licenses have not been issued.

2. Applicants on the final ranked storefront retail list will need to renew their interest in remaining on the list(s) annually, by submitting a written request to the county executive office on the anniversary of creation of the list(s) or on another date established by the CEO.

3. If a community plan area fails to have any applicants on the final ranked storefront retail list, the process listed above may begin anew.

(f) Permitting and Licensing of Retail Cannabis Operations.

1. The highest ranked application per list, will be selected and invited to start the process to obtain a land use entitlement/permit and a cannabis business license.

2. The selected applicants will have ninety days to submit an application to the planning and development department consistent with the applicant's criteria-based application required and evaluated under this section. If the planning and development department deems the application incomplete, the department will establish a deadline by which the selected applicant needs to complete the application or lose their status and ability to proceed with permitting and licensing of the proposed cannabis storefront retail operation. Failure to timely file an application or filing an application that is not consistent with the criteria-based application will result in the selected applicant being removed from the final ranked storefront retail list and losing their status, and the next highest ranked applicant on the applicable final ranked storefront retail list will be invited to submit an application for a land use entitlement/permit.

3. The criteria-based application and selection process will serve as the start of the cannabis business license application process. However, a county cannabis business license shall not be issued until after the applicant has received all necessary and final land use entitlements and has submitted a complete cannabis business license application, including all the materials and deposits required in section 50-8, which complies with this chapter. Withdraw, suspension, or abandonment of the cannabis business license application in accordance with subsections 50-8.d or 50-9.b will result in the selected applicant being removed from the final ranked storefront retail list and losing their status.

4. Once a selected applicant has obtained a land use entitlement, a cannabis business license and the applicable state cannabis storefront retail license, that applicant will be referred to as a licensed retailer and will be allowed to continue to operate as long as the licensed retailer timely files for renewal of the cannabis business license and complies with this chapter. If the licensed retailer's cannabis business license is revoked or not timely renewed, or their land use entitlement is revoked, or their state license is revoked or is not timely renewed, the licensed retailer will lose their status and the next highest ranked applicant on the applicable final ranked storefront retail list may start the permitting and licensing process.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019; Ord. No. 5088, § 4, 8-27-2019; Ord. No. 5097, § 1, 1-14-2020; Ord. No. 5146, § 4, 11-9-2021; Ord. No. 5152, § 1, 3-1-2022; Ord. No. 5164, § 3, 11-29-2022; Ord. No. 5267, § 1, 8-26-2025)

(a) Each application for a cannabis business license shall be filed with the county executive officer on the form and in the manner prescribed by the county.

(1) Any information submitted to the CEO must be consistent with any information submitted to the planning and development department, or any other county or state department or agency. If any information is different, the difference must be highlighted and the reason for the difference along with how and when the other departments/agencies were notified of the difference must be included.

(b) The application shall contain, without limitation, the following documentation:

(1) Background and Contact Information:

i. All applicants' and agent's names, mailing addresses, phone numbers, and email addresses.

ii. Name, address and telephone number for all business owners, managers, supervisors, employees, and persons having a twenty percent or more financial interest in the commercial cannabis activity that is the subject of the application or, if the applicant is an entity, having a ten percent or more financial interest in the entity.

iii. A twenty-four-hour contact phone number.

iv. Written proof or copy of government-issued identification (i.e., California driver's license, California identification card, or certified birth certificate) that all applicants, business owners, supervisors, and employees are eighteen years of age or older for state medical licenses, and twenty-one years of age or older for State non-medical licenses.

v. The names, addresses and license numbers of any and all other commercial cannabis operations currently being operated by the applicant, or that had previously been operated by the applicant and a statement of whether the authorization for any such operation has been revoked or suspended and, if so, the reason therefore.

(2) Information on the Operation:

i. A full description of the proposed activities and products of the commercial cannabis operation.

ii. Proposed hours of operation.

iii. Number of employees.

iv. Location and Premises Diagram.

A. The physical address and assessor's parcel number(s) (APN) of the tax assessor's parcels that constitute the lot upon which the proposed commercial cannabis operation will be located.

B. Premises Diagram. A diagram of the premises, drawn to scale, that has been reviewed and approved by planning and development as part of the land use entitlement process.

v. Authority to Operate. Proof of ownership of premises, or if the premises on which the commercial cannabis operation is to occur 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 activities at the site.

vi. State information.

A. A copy of the applicant's state cannabis licenses or applications.

B. The state cannabis license type, pursuant to Business and Professions Code Section 26050, as may be amended, for proposed commercial cannabis operation, including whether the activity is medical or non-medical.

C. A description of the number and type of state license(s) that will be required for the proposed operations pursuant to California Business and Professions Code Sections 26000, et seq., as may be amended, including a description of the proposed total canopy area of any cultivation or nursery operation.

D. A state seller's permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code, as may be amended, or indicate that the applicant is currently applying for a seller's permit, if applicable.

vii. Land Use Entitlement. A copy of the approved and/or issued land use entitlement unless section 50-7 applies, all cannabis operators shall submit a business license application to the CEO's office within thirty calendar days of receiving an approval for a land use entitlement, regardless of whether it is appealed. The applicant is responsible for all license processing fees, including if the applicant fails to notify to the CEO as required by this section or provides late notification. If the following is not included in the land use entitlement it shall also be submitted as part of the application:

A. Cultivation Plan. A cultivation plan including total canopy size and production setting.

(3) Business Entity Requirements:

i. If the applicant is a business entity or any form of entity, information regarding the entity, including, without limitation:

A. The name and address of the entity;

B. The entity's legal status; and

C. Proof of registration with, or a certificate of good standing from, the California secretary of state.

(4) Quality Control Plan. A quality control plan including procedures sufficient to demonstrate how the applicant will comply with state standards for non-contamination.

(5) Energy Conservation Plan. An energy conservation plan in compliance with section 50-10 below.

(6) Site Security Plan and Criminal Background Check.

i. Site security plan in compliance with section 50-11 below.

ii. All business owners and other persons having at least a twenty percent financial interest, unless the interest is solely a security, lien, or encumbrance, must go through a live scan background check that discloses no felonies in accordance with California Business and Professions Code Section 26057, as may be amended.

(7) Inventory Control Plan. Demonstrate the capacity for tracking the location of all cannabis or cannabis products and the ability to reconcile on-hand inventory with the records in the track and trace database.

(8) Applicant Acknowledgement:

i. A statement by the applicant that the applicant has the ability to comply with all laws regulating businesses in the state as well as all requirements of this chapter and the County Code and that it shall and will maintain compliance during the term of the license.

ii. Agreeing to indemnify, defend and hold harmless the county, its officers, official, agents and employees from any claim, action, or proceeding against the county, its officers, official, agents or employees arising from the operation or to attack, set aside, void or annul, in whole or in part, an approval of the application by the county or issuance of a license. In addition, applicant will complete a defense and indemnification agreement on a form provided by the county.

iii. Authorization for the county, its agents and employees, to access all premises, during standard operating hours, upon which cannabis operations are occurring or intend to occur, including, but not limited to, site visits or inspections prior to issuance or renewal of a license, and compliance checks or inspections post issuance of a license.

iv. A statement by the applicant, provided under penalty of perjury, that the applicant will ensure the ongoing operation of their odor control system(s) as required by chapter 50 and County Code subsection 50-25(a)(3). Failure to adequately demonstrate that the odor control system(s) is operating in compliance with County Code subsection 50-25(a)(3) is grounds for denial of a business license in accordance with section 50-17.

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

(9) Other Information: Any other information required by the county executive officer or county executive office.

(c) An applicant shall submit to the county executive officer an application for a cannabis business license with all required documents, plus as many copies of the application and supporting documentation as required, and the application fee using the method and location for submission as determined by the county executive office.

(d) An applicant may withdraw or suspend their application by submitting a written request for either action. Requests must be delivered or mailed to the county executive office. Initial applications that are withdrawn may be eligible for a pro-rated refund of fees upon request. If an application is withdrawn and the applicant later wishes to proceed, the applicant must submit a new application. Suspended applications will not be eligible for a refund. Reactivation of a suspended application will require a written request for reactivation that must be delivered or mailed to the county executive office.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5088, § 3, 8-27-2019; Ord. No. 5130, § 4, 2-9-2021; Ord. No. 5146, § 5, 11-9-2021; Ord. No. 5246, § 2, 4-1-2025; Ord. No. 5257, § 1, 6-10-2025)

(a) Once an applicant submits an application to the county executive office, the county executive office will determine if the application is subject to a cap in section 50-7 and if there is space available in the cap to accommodate the application pursuant to section 50-7. If there is space available and the applicant has an approved land use entitlement, then the county executive office will require payment of the application fee before commencing review of the application. Any application submitted that is not eligible for issuance based on uncommitted space in the caps in section 50-7 will be held for processing until such time that space becomes available and the application is next on the wait list as established in section 50-7.

(b) If the county executive office determines that the application does not include all information required in section 50-8, it will promptly notify the applicant of the deficient application elements and establish a timeframe for the applicant to provide the county executive office with the missing documents or information.

(1) No further action will be taken by the county executive office until the application complies with this chapter, including verification of compliance for state licensing authorities.

(2) If the applicant fails to provide the requested information in the established timeframe the application will be deemed abandoned. No fees will be refunded for abandoned applications.

(c) After the county executive office confirms that the application includes all the information required in section 50-8, the county executive office will promptly forward the application to appropriate departments, including, but not limited to, planning and development, sheriff, fire, agricultural commissioner, treasurer-tax collector, and public health for review and site visit. The departments shall recommend to the county executive office whether or not the county executive office should approve the issuance of the cannabis business license in accordance with this chapter.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5146, § 5, 11-9-2021)

(a) The county executive officer will forward applications to the planning and development and community services departments and request confirmation by planning and development and community services departments that:

(1) The applicant has the proper land use entitlement and odor control system;

(2) The applicant is in compliance with the commercial cannabis activities development standards required in chapter 35, zoning; and

(3) The applicant has an energy conservation plan approved by the sustainability division of the community services department.

(b) Energy Conservation Plan. The applicant for a cannabis business license proposing to engage in indoor cultivation, mixed-light cultivation, nursery operations, manufacturing (volatile or non-volatile), and/or distribution shall prepare and submit to the county executive officer an energy conservation plan with their application. The energy conservation plan shall comply with the following:

(1) Net Energy Demand. The plan must establish the proposed operation's net energy demand. Net energy demand may be determined by projecting the proposed operation's electrical demand and subtracting the historical electricity use data (if available). Historical electricity use data shall be derived from the operation site's utility provider. The plan must demonstrate the following, as applicable given the historical electricity use on the operation site.

i. For an operation site that involved energy usage in 2007, the operator must demonstrate that the proposed cannabis operation will achieve a fifteen percent reduction in the energy usage in 2007.

ii. For an operation site that involved energy usage after, but not during, 2007, the operator must demonstrate that the proposed cannabis operation will achieve a fifteen percent reduction in the average energy usage either (a) since the time at which energy usage began on the operation site or (b) during the ten years prior to the date of the application, whichever is the shorter period of time.

iii. If no energy usage has occurred on the operation site, then one hundred percent of the proposed operation's electrical demand shall be considered net energy demand.

(2) Energy Conservation. To demonstrate the required energy reduction or no net increase, the applicant may (1) directly implement any one or more of the following energy conservation and reduction measures, and/or (2) indirectly implement energy conservation and reduction measures through the purchase of credits offered through any one or more of the following renewable energy programs:

i. Renewable Energy. Energy reduction may be satisfied by sourcing energy demands from renewable energy sources.

ii. Renewable Energy Choice Program. An applicant may purchase renewable electricity from a county approved renewable energy source (i.e., Regional Renewable Choice program, Green Rate program, Community Renewable program, or similar equivalent renewable energy program) to offset any net increase of energy demand.

iii. Energy Conservation Measures. To demonstrate energy reduction or no net increase in energy demand, the applicant may include energy conservation measures in their energy conservation plan conservation measures may include, but are not limited to:

A. Participating in an annual energy audit.

B. Measuring and recording net energy use.

C. Upgrading and maintaining efficient heating/cooling/dehumidification systems.

D. Implement energy efficient lighting, specifically light-emitting diode (LED) over high-intensity discharge (HID) or high pressure sodium (HPS) lighting where feasible.

E. Implementing automated lighting systems.

F. Utilizing natural light when possible.

G. Utilizing an efficient circulation system.

H. Ensuring that energy use is below or in-line with industry benchmarks.

I. Implementing phase-out plans for the replacement of inefficient equipment.

J. Adopting all or some elements of CalGreen Tier 1 and 2 voluntary elective measures to increase energy efficiency in new buildings, remodels, and additions.

K. Participating in the Smart Build Santa Barbara (SB2) Program, including plan review by the county green building committee.

L. Appendix F of the Santa Barbara County Energy and Climate Action Plan.

(3) Implementation. The energy conservation plan shall be implemented prior to the issuance of final building inspection, if this has not occurred prior to issuance of a cannabis business license, and/or throughout operation of the cannabis business as applicable.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019)

Editor's note— Ord. No. 5075, § 1, adopted April 9, 2019, changed the title of section 50-10 from "Application review by the planning and development department—Energy conservation plan and odor control system" to "Application review by the planning and development and community services departments—Energy conservation plan and odor control system." The historical notation has been preserved on reference purposes.

(a) The sheriff's department functions as lead reviewer for all applications and compliance or renewal site visits of cannabis business licenses for distributor and retail operations; including microbusiness. The sheriff's department will also participate in reviewing site security plans and criminal history backgrounds for all cannabis business license applications and renewals.

(b) Criminal history checks.

(1) All applicants, owners, and persons having at least a twenty percent financial interest, must submit to a live scan check conducted by any entity authorized by the California Department of Justice to perform Live Scan fingerprinting services in accordance with the Department of Cannabis Control CCR Title 4, Division 19, as may be amended. This live scan check consists of a criminal history search for disqualifying convictions identified in subsection (4) below. These checks must be completed on applicants, owners, and persons having at least a twenty percent financial interest prior to employment or engaging in the cannabis operation. Upon satisfactory review of the live scan, the sheriff's cannabis team will obtain a photograph and issue an identification (ID) card to each qualifying individual. This identification shall be worn when on the licensed premise and used to visually verify authorization of employment at that site.

(2) The sheriff's department may conduct further investigation of the applicant and owners as deemed appropriate and shall consider compliance with Business and Professions Code Section 26057, as may be amended. During the criminal history check process, the sheriff's department may also obtain a copy of criminal records in the United States, if any, and may obtain a copy of criminal records in any other country, if obtaining such foreign criminal records is feasible. Upon the satisfactory review of the criminal history, the sheriffs department will issue each qualified person an identification (ID) card.

(3) If the sheriff disapproves the application, the sheriff shall notify the county executive office in writing giving the reason(s) for the disapproval.

(4) No applicant, owner, or person having at least a twenty percent financial interest engaged in the operation of the commercial cannabis operation may have been convicted of a felony or other crime as set forth in Business and Professions Code Section 26057, as may be amended.

(c) Site Security Plan.

(1) All applicants shall prepare and submit a site security plan (plan), that has been reviewed and approved during the land use entitlement process, to the county executive office.

(2) The county executive office will forward the plan to the sheriff's department for review and approval.

(3) The plan shall include at a minimum perimeter security system, lighting, twenty-four-hour video monitoring with forty-five-day archiving of video that cover all areas of the licensed operation, employee training program on company policies and cannabis laws, color coded identification cards based on access, system for obtaining and managing sheriff's department cannabis access identification cards, policies for employees that do not wear identification cards while on the premises, prevention of product diversion, theft, and loss, as may be required by the sheriff's department to protect the public safety, and proof that the plan complies with chapter 35 and has received all required approvals from the planning and development department.

(4) If upon review an applicant's site security plan and/or its implementation is inadequate, sheriff may provide an opportunity to improve the plan to meet necessary standards. Any proposed changes to site security measures require notification and approval of the sheriff's office prior to implementation.

(5) If the sheriff disapproves the plan or its implementation, the sheriff shall notify the county executive office and the planning and development department in writing giving the reason(s) for the disapproval.

(6) All security plans must be implemented and approved before a cannabis business license will be issued.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019; Ord. No. 5130, § 5, 2-9-2021; Ord. No. 5146, § 5, 11-9-2021; Ord. No. 5257, § 2, 6-10-2025)

(a) The agricultural commissioner's department functions as lead reviewer for all applications and compliance or renewal site visits of cannabis business licenses for nursery, cultivation, and microbusiness with a nursery or cultivation operation.

(b) The agricultural commissioner's department will review and evaluate the following for compliance with state law and County Code:

(1) Cultivation plans, including canopy areas, areas outside the canopy area for immature plants, designated pesticide storage area, processing and packaging areas, cannabis waste site, area for harvested cannabis storage, harvest schedules and source of immature plants;

(2) Sealing of all measuring devises per California Code of Regulation 8213;

(3) Weighmaster and California Package and Labeling requirements defined in California Business and Professions Code Division 5;

(4) Presence and use of pesticides;

(5) Cannabis waste disposal plan generated by cultivation operations;

(6) Processing facility and operations; and

(7) Cannabis operations in relation to other agricultural uses on the site.

(c) The agricultural commissioner's department shall make a recommendation on an application to the county executive office.

(d) If the agricultural commissioner's department disapproves the application, the department shall notify the county executive office in writing giving the reason(s) for the disapproval.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The fire department will review and evaluate the following for compliance with state law and County Code:

(1) Safety of cannabis manufacturing operations that involve extraction equipment;

(2) Fire department access roads and water supply per County Code; and

(3) Fire hazard potential at cannabis operation sites.

(b) The fire department shall make a recommendation to the county executive office on whether the application complies with subsection (a).

(c) If the fire department disapproves the application, the department shall notify the county executive office in writing giving the reason(s) for the disapproval.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The public health department functions as lead for all applications and compliance or renewal site visits of cannabis business licenses for manufacturing and testing operations, including microbusinesses.

(b) The public health department will review and evaluate the following for compliance with state law and County Code:

(1) Operations, inventory, waste and quality control procedures and protocols;

(2) Manufacturing and testing operations conformity with applicable state product, packaging and labeling regulations;

(3) Processing facility and operations in relation to eliminating sources of contamination and promoting sanitary conditions;

(4) Cannabis operations in relation to other agricultural uses on the site; and

(5) Storage conditions of cannabis edibles at retail sales premises

(c) The public health department shall make a recommendation on an application to the county executive office.

(d) If the public health department disapproves the application, the department shall notify the county executive office in writing giving the reason(s) for the disapproval.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The county executive office functions as lead coordinator for the licensing and compliance review process for all cannabis business licenses.

(b) The county executive office shall provide reports to the board on the status of the cannabis business licensing program at least annually.

(c) The county executive office:

(1) Reviews the license or renewal application, and forwards it to the county's licensing and compliance staff for review, findings, site visitation, and recommendation.

(2) Determines if there is any cause for denial, in accordance with sections 50-17 or 50-20 of this chapter and based on the recommendation and findings of licensing and compliance staff from the agricultural commissioner, fire, planning and development, treasurer-tax collector, public health and/or sheriff's departments.

(3) Determines if any reason for denial can be resolved by the applicant and establishes a timeframe for the resolution followed by the applicant requesting re-review of that portion of the application.

(4) Approves denial of the application by the treasurer-tax collector, if there is ground for denial.

(5) Approves license issuance by the treasurer-tax collector, if there is no ground for denial.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The treasurer-tax collector functions as lead for issuance or noticing of a denial of a cannabis business license and determining if applicant has any county tax delinquencies pursuant to chapter 50A.

(b) The treasurer-tax collector shall:

(1) Inform the county executive office of any county tax delinquencies pursuant to chapter 50A related to license or renewal applications. A delinquency includes, but is not limited to, failure to file required cannabis tax reports with the county treasurer-tax collector or failure to pay required taxes on cannabis operations.

(2) Issue licenses because of approval for issuance from the county executive office.

(3) Issue notices of denial pursuant to section 50-18 of this chapter as a result of approval of a denial from the county executive office.

(c) The treasurer-tax collector will maintain a record of each license issued and notify the county executive office of issuance of a license or notice of denial pursuant to subsection (b) above.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 6, 2-9-2021)

Any application for a cannabis business license may be denied based on any of the following criteria:

(a) Any grounds for denial listed in section 22-55, 22-56 or 22-57 of the Santa Barbara County Code;

(b) The applicant has knowingly, willfully or negligently made a false statement of material fact or omitted a material fact from:

(1) The application for a cannabis business license or renewal;

(2) Any prior affidavit to the county concerning cannabis, whether medical marijuana or non-medical marijuana; or

(3) Any submittal to the county or state, including, but not limited to, statements to staff or decisionmakers, tax reports, etc.

(c) Any applicant, owner, person having at least a twenty percent financial interest, manager, supervisor or employee has been convicted of a felony or other crime as set forth in Business and Professions Code Section 26057, as may be amended and was not approved by the sheriff;

(d) The applicant's operations, energy conservation, equipment, inventory control, quality control, security, waste management or cultivation plans, or other information in the application are determined to be insufficient to maintain the health, safety and general welfare of employees or the public or fail to comply state law or the County Code by staff from the county executive office, agricultural commissioner, fire, planning and development, community services, public health or sheriff's departments. This includes that the applicant shall install and use multi-technology carbon filtration or equivalent technology with run time meters on or before March 31, 2026 as required by chapter 50 and County Code chapter 35 and/or their land use entitlement, and failure to do so is grounds for denial of a new license or license renewal, unless an extension is granted in accordance with County Code subsection 50-26(a)(12);

(e) If applicable, the applicant failed to obtain and/or maintain a valid seller's permit required pursuant to the Revenue and Taxation Code, as may be amended;

(f) The proposed commercial cannabis operation does not comply with the provisions of this chapter, chapter 50A or state law;

(g) The applicant has not received all necessary land use entitlements as required by chapter 35, zoning, of the Santa Barbara County Code;

(h) The Applicant has been denied a license to engage in commercial cannabis activity by a state licensing authority;

(i) The application exceeds the limitations or has not complied with the selection process established in section 50-7;

(j) The applicant has denied the county access to the premises to conduct an inspection;

(k) Failure to pay county taxes pursuant to chapter 50A, license; or permitting fees. For tax payments due on August 17, 2023 or later pursuant to chapter 50A, failure to pay county taxes pursuant to chapter 50A within sixty days of the due date(s) defined in subsection 50A-5(a); or

(l) Failure to file required cannabis tax reports with the county treasurer-tax collector, regardless of whether or not reporting any gross revenue. For cannabis tax reports due on August 17, 2023 or later pursuant to chapter 50A, failure to timely file required cannabis tax reports pursuant to chapter 50A by the due date(s) defined in section 50A-7, regardless of whether or not reporting any gross revenue.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019; Ord. No. 5130, § 7, 2-9-2021; Ord. No. 5187, § 1, 7-18-2023; Ord. No. 5246, § 3, 4-1-2025)

(a) The county executive office shall provide the treasurer-tax collector a request for issuance of a notice of denial on the cannabis business license application. If the CEO denies the application, then the county executive officer shall provide the grounds for denial based on section 50-17 above.

(b) If the treasurer-tax collector prepares a notice of denial of a cannabis business license application, the treasurer-tax collector shall:

(1) Specify in writing the reason(s) for the denial of the application based on section 50-17; and

(2) Notify the applicant that the decision shall become final unless the applicant corrects any deficiencies in the application in the timeframe established by the county executive office or appeals, pursuant to this chapter, within five calendar days of the date of service of the treasurer-tax collector's notice of denial. Correction of any deficiencies shall not be authorized if the notice of denial is based on the grounds in subsections 50-17(k) and (l).

(c) Denials may be appealed pursuant to section 50-27 of this chapter.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5187, § 1, 7-18-2023)

(a) Each cannabis business license shall expire one year after the date of its issuance. The treasurer-tax collector may renew a cannabis business license if:

(1) The county executive office receives a timely renewal application by the licensee with a renewal application fee;

(2) The licensee has complied with the requirements of this chapter and the licensee's county license, state license(s) and/or county land use entitlement(s) have not been suspended or revoked;

(3) The licensee has allowed any county staff necessary to determine compliance with this chapter, to conduct site inspections of the cannabis operation to verify licensee's compliance with this chapter; and

(4) The county executive office confirms that the commercial cannabis operation meets the standards for issuance of a license pursuant to this chapter and approves the license issuance.

(b) Any application for renewal shall be filed with the county executive office at least sixty calendar days before expiration of the cannabis business license, but no earlier than ninety calendar days before expiration. The renewal application shall include:

(1) The legal name of the licensed entity;

(2) The date of the county business license expiration;

(3) The licensee's mailing address and premise address;

(4) Authorization for an onsite inspection of the premises during standard business hours to confirm compliance with this chapter;

(5) Log of odor complaints and responses to complaints, in compliance with chapter 35, zoning, of the County Code;

(6) Odor control system affidavit attesting to compliance with chapter 50 and chapter 35, zoning, of the County Code;

(7) If any of the documentation and information supplied by the applicant pursuant to section 50-8 has changed since the issuance of the cannabis business license, the applicant shall submit updated information and documentation with the application for renewal and shall provide such other information as the county executive office may require; and

(8) The documentation required in subsections 50-8(b)(8) and (9).

(9) Documentation including, but not limited to, photographs and a diagram with boundaries in feet to support the acreage of actual planting, growing, harvesting, nursery, or a microbusiness in operation during the prior license period and an updated acreage request form reflecting the acreage they will plant, grow, harvest; maintain a nursery; or a microbusiness with cultivation in accordance with subsection (a)(2)(iii) and (a)(3)(i) above.

(10) If the licensed cultivator is requesting to fallow planting, growing, harvesting, nursery, or a microbusiness with cultivation operations, a request and documentation to support that the requirements in subsection (a)(2)(iii)(F) are satisfied.

(c) In accordance with the procedure listed in section 50-9, the county executive office will review the renewal license application and forward the application to all applicable county departments, unless the treasurer-tax collector has informed the county executive office, in accordance with subsection 50-16(b), of any county tax payments that have not been submitted within sixty days of the due date(s) defined in subsection 50A-5(a). The county executive office will then provide the treasurer-tax collector with approval to issue the license renewal or provide notice of a denial of the renewal application.

(d) If a complete renewal application is submitted in compliance with subsection (b) above and the licensee is operating in good standing in accordance with the terms of this chapter, the licensee may continue to operate until the treasurer-tax collector provides a license renewal or a notice of denial of the renewal application. For any reporting or tax payments due August 17, 2023 or later, if an operator is delinquent in filing cannabis tax reports by the due date defined in section 50A-7 or failed to pay county taxes pursuant to chapter 50A within sixty days of the due date(s) defined in subsection 50A-5(a), the operator is not considered to be in "good standing" and may not continue to operate under this provision while their renewal application is processed.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5164, § 4, 11-29-2022; Ord. No. 5187, § 3, 7-18-2023; Ord. No. 5246, § 4, 4-1-2025)

(a) An application for renewal of a cannabis business license shall be denied if:

(1) The application is filed fewer than sixty calendar days before the cannabis business license expiration;

(2) The licensee fails to conform to and comply with the criteria set forth in this chapter, including possession of all required and valid state licenses;

(3) The licensee is has failed to pay county taxes pursuant to chapter 50A within sixty days of the due date(s) defined in subsection 50A-5(a) or has been delinquent in filing of quarterly tax reports pursuant to chapter 50A for any reporting or tax payments due August 17, 2023 or later;

(4) The cannabis business license is suspended or revoked at the time of the application or at any time before issuing the renewal license;

(5) The land use entitlement/permit for the commercial cannabis operation is suspended or revoked at the time of the application or at any time before issuing the renewal license; or

(6) Any of the grounds for denial listed in section 50-17 are present.

(b) If a renewal application is denied, an applicant may file a new application pursuant to section 50-8 or appeal the denial pursuant to section 50-27. However, the licensee must cease operations when the licensee's license expires until a new license is issued.

(c) If the county executive office denies the renewal, the county executive office shall provide the treasurer-tax collector a request for a notice of denial and the reason(s) for denial based on section 50-20. The treasurer-tax collector shall notify the licensee the reasons for denial of the application based on section 50-20 and that the decision shall become final unless the licensee corrects the deficiencies in the application within the timeframe established by the county executive office or appeals pursuant to section 50-27 of this chapter within five calendar days of the date of service of the treasurer-tax collector's notice of denial. Correction of any deficiencies shall not be authorized if denial is based on the grounds in subsection 50-20(a)(3).

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5187, § 4, 7-18-2023)

(a) The filing of an application for a cannabis business license or renewal of a cannabis business license and appeal(s) shall be accompanied by payment of such fees as the board of supervisors may establish to recover the cost of administration of this chapter.

(b) Applicants and licensees are responsible for the costs of inspections, investigations, and any other fee-associated activity established pursuant to this chapter.

(Ord. No. 5037, § 1, 5-1-2018)

(a) A cannabis business license is issued to and covers only the licensee(s) identified on the cannabis business license and only the premises identified on the cannabis business license.

(b) A cannabis business license is not transferable and automatically terminates upon transfer or change of ownership unless the transfer or change of ownership complies with section 50-23. A cannabis business license does not run with the land.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5152, § 2, 3-1-2022)

(a) Any new applicants, owners, or other persons having at least a twenty percent financial interest must submit to a live scan check conducted by any entity authorized by the California Department of Justice to perform Live Scan fingerprinting services in accordance with the Department of Cannabis Control CCR Title 4, Division 19, as may be amended. Live scan results must be submitted to, reviewed, and approved by the sheriff prior to the proposed change. Once the sheriff has approved the new person's criminal history and before the new person engages in any activity related to the cannabis business license, the licensee shall submit this approval along with the new person's contact information to the county executive office.

(b) Whenever any person that is licensed under this chapter or has submitted an application for a license under this chapter proposes to sell or transfer any part greater than twenty percent of its corporate stock, partnership interest or other business interest in a commercial cannabis operation, it shall submit to the county a notice of intent to change ownership at least thirty calendar days prior to the change and a new cannabis business license application at least fifteen calendar days prior to the change. The license shall not be effective unless and until the application is approved by the county.

(c) Continuing Operations. An applicant or licensed cannabis operation that timely notifies the county of any proposed change in ownership, and submits a new cannabis business license application within fifteen calendar days of the notice provided pursuant to subsection 50-23(b), shall retain its place on the applicable eligible license applicants list or wait list established by section 50-7 for purposes of the new business license application. For operations already licensed by the county, they may continue to operate for the term of the previously issued county business license while the county evaluates the new application as long as:

(1) The operation continues to comply with all county codes, its land use entitlement, and state law, including, but not limited to, filing tax reports and paying all required taxes; and

(2) The operation, as a county business license applicant, makes appropriate progress through the licensing process, as determined by the CEO's office. (For purposes of this subsection appropriate process shall include, but not be limited to, timely and complete compliance with any staff requests, timely submittals, timely scheduling of site visits, etc.).

(3) If the previously issued county business license expires prior to the approval and issuance of the new business license, the operation must cease until a business license is approved and issued unless otherwise notified by the county executive office.

If the cannabis operation fails to comply with subsections (1) and (2) above, then the cannabis operation shall cease all cannabis activities until a new business license is issued.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 8, 2-9-2021; Ord. No. 5152, § 3, 3-1-2022; Ord. No. 5257, § 3, 6-10-2025)

(a) A licensee shall not change or alter the premises in a manner which materially or substantially alters the premises, the usage of the premises, or the mode or character of the business operation conducted from the premises, from the site plan or other plans on file with the application, unless and until the licensee obtains written approval by the county executive office.

(b) A material or substantial physical alteration includes, but is not limited to, a substantial increase or decrease in the total area of the licensed premises, any other physical modification resulting in substantial change in the mode or character of business operations.

(c) Change in premises due to a declared natural disaster does not constitute a surrender or abandonment of a license. Moving cannabis, non-manufactured or manufactured cannabis products stored on a premises to another location immediately to prevent loss, theft or degradation of the cannabis or non-manufactured or manufactured cannabis products is allowed without prior approval, if:

(1) Cannabis, non-manufactured or manufactured cannabis products are moved to a secure location where only the licensee, employees or contractors have access;

(2) Notice is given in writing to the county executive office of the change in location within twenty-four hours, including a request for relief from the premises specific licensing requirements;

(3) Access to the new disaster-related premises is provided to the county; and

(4) New premises is required for a period greater than ten days, the licensee submits a written request for relief from premises-specific requirements for a defined period of time and the reasons why such relief is required.

(d) To obtain county executive office approval of a change in premises the licensee shall submit a new premises diagram, security/video surveillance plan and a written determination from the planning and development department that the amended premises area is covered by the licensee's applicable land use entitlement/permit and continues to meet all setback/buffer and other requirements.

(Ord. No. 5037, § 1, 5-1-2018)

(a) Throughout the term of the cannabis business license, each and every licensee shall comply with this chapter, the County Code, and state law, including, but not limited to, all of the following:

(1) Premises Restrictions.

i. No cannabis shall be smoked, ingested or otherwise consumed on the premises.

ii. No cannabis or cannabis products, or graphics depicting cannabis or cannabis products, shall be visible from the exterior of the premises.

iii. No licensee may hold a license for the premise from the state department of alcoholic beverage control to sell alcoholic beverages, nor may the cannabis operation include a business that sells alcoholic beverages.

iv. No alcohol may be stored, sold, dispensed or consumed on the premises.

v. A licensee shall not sell, store or allow consumption of any tobacco or nicotine products on or at any premises licensed under this chapter.

vi. No person or employee shall be under the influence of a controlled substance.

(2) Display License and ID Cards.

i. Each licensee shall conspicuously display its license on the premises. Each commercial cannabis operation that engages in delivery or distribution shall carry a copy of the license in all vehicles that deliver or transport cannabis or cannabis products.

ii. Employee identification cards shall be worn at all times while on the premises and cards shall be color coded to identify levels of access to portions of the operations.

(3) Odor. Continuous operation of all required odor prevention devices and techniques for cannabis cultivation, processing, and manufacturing (volatile or non-volatile), in compliance with chapter 50 and chapter 35, zoning, of the County Code.

(4) Records. Each licensee shall keep accurate records of the licensee's commercial cannabis activities in a manner readily accessible for examination by the county for six months onsite and a total of seven years pursuant to Business and Professions Code Sections 26160 through 26162.5, as may be amended.

(5) Security Requirements.

i. Each licensee shall be responsible and liable for safety and security in and around the commercial cannabis operation, and shall provide adequate security on the premises including the cleanup of graffiti, trash around the premises within forty-eight hours.

ii. Each licensee shall maintain such surveillance video recordings for a period of at least forty-five days and shall make such video recordings available to the county upon demand.

iii. Following harvest, all cannabis and cannabis products shall be stored in a secured and locked safe room, safe or vault, and in a manner to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes, testing samples or immediate sale.

iv. Each licensee shall notify the sheriff within twelve to twenty-four hours after discovering any of the following: diversion, theft, loss, or any criminal activity involving the commercial cannabis operation; significant discrepancies identified during inventory; or any other breach of security.

(6) Twenty-Four-Hour Contact. Each licensee shall provide the county executive office with the name, telephone number and e-mail address of the licensee's designated community relations contact who the public may contact twenty-four hours a day regarding problems or concerns associated with the commercial cannabis operation. The licensee shall update the county if any changes occur to the community relations contact. The licensee shall make a good faith effort to resolve problems without the need for intervention by the county.

(7) Taxes. A licensee shall timely file all cannabis tax reports, pay all applicable state taxes, and pay all quarterly county taxes pursuant to chapter 50A within sixty days of the due date as defined in section 50A-5, and pay all required fees.

(8) Insurance. A licensee shall have and maintain for the duration of the license a general liability insurance policy naming the county as an additional insured with minimum coverage requirements of one million dollars per occurrence and two million dollars per aggregate.

(9) Valid Permits and State Licenses.

i. The property owner(s) who own(s) the premises where the commercial cannabis operation is located must at all times have all necessary land use entitlements/permits as required by chapter 35, zoning, of the Santa Barbara County Code and the land use entitlements must be operative.

ii. A licensee must legally hold all required state licenses under the Medicinal and Adult-Use of Cannabis Regulatory and Safety Act (Business and Professions Code §§ 26000, et seq.), as may be amended, and under all other applicable state laws.

(b) In the interest of public safety, county officials may enter the licensee's premises during standard operating hours for the purpose of observing compliance of the commercial cannabis operation with this chapter.

(c) County officials, including the county executive office or treasurer-tax collector, may inspect the commercial cannabis operation's records, books, accounts, financial data, and any and all data relevant to its licensed activities for the purpose of conducting an audit or examination.

(d) It is a misdemeanor for any person having any responsibility over a commercial cannabis operation to impede, obstruct, or interfere with an inspection, or the review of the copying of records and monitoring (including recordings) including, but not limited to, the concealment, destruction, and falsification of any recordings or records.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019; Ord. No. 5088, § 5, 8-27-2019; Ord. No. 5146, § 5, 11-9-2021; Ord. No. 5187, § 5, 7-18-2023; Ord. No. 5246, § 5, 4-1-2025; Ord. No. 5257, § 4, 6-10-2025)

(a) Any of the following shall be grounds for suspension or revocation of a cannabis business license, based on substantial evidence and following notice and the procedure in section 50-27:

(1) Failure to comply with one or more of the terms and conditions of the cannabis business license;

(2) The cannabis business license was granted on the basis of false material information, written or oral, given unknowingly, willfully or negligently by the applicant;

(3) Any act or omission by a licensee in contravention of the provisions of this chapter;

(4) Any act or omission by a licensee in contravention of state law or the Santa Barbara County Code;

(5) Any act or omission by a licensee that results in the suspension or revocation of the applicable land use entitlement/permit issued under chapter 35, zoning, of the Santa Barbara County Code for the commercial cannabis activities;

(6) Any act or omission by a licensee that results in the denial, revocation or suspension of that licensee's state license;

(7) Failure to pay within sixty days of the due date as defined in subsection 50A-5(a) as required in subsection 50-17(k), 50-20(a)(3), or engaging in falsely reporting of, state or county taxes on commercial cannabis activity;

(8) Failure to timely file by the due date as defined in section 50A-7 cannabis tax reports as required in subsection 50-17(1), 50-20(a)(3), and chapter 50A;

(9) Any of grounds for revocation listed in section 22-59 of the Santa Barbara County Code;

(10) Failure to meet corrective action plans issued by county department(s) cited in this chapter;

(11) Engaging in conduct that constitutes a nuisance, where the licensee has failed to abate the nuisance; and

(12) Failure to install and use required multi-technology carbon filtration or equivalent technology with run time meters on or before March 31, 2026 as required by chapter 50, County Code chapter 35 and/or their land use entitlement is grounds for revocation.

i. In the inland area, the extension process set forth in chapter 35 applies instead of this extension process.

ii. In the coastal zone, if chapter 35 is certified by the coastal commission before march 31, 2026, the extension process in chapter 35 applies instead of this extension process. If not certified by March 31, 2026, this extension process applies until chapter 35 is certified, upon which time this extension process will sunset and the process in chapter 35 will apply.

iii. One extension of up to twelve months past March 31, 2026 may be granted in accordance with this section.

iv. Extension requests along with all supporting documentation must be submitted to the county executive office for consideration at least ninety days prior to March 31, 2026. The county executive office will make a recommendation to the board of supervisors to either approve or deny the extension request. Action by board of supervisors is the final decision of the county and is not subject to appeal. Requests for extensions may include, but not be limited to:

a. Supply chain delays;

b. On-site power supply upgrades;

c. Off-site power supply upgrades and availability;

d. Other circumstances as determined by the board.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 9, 2-9-2021; Ord. No. 5187, § 6, 7-18-2023; Ord. No. 5246, § 6, 4-1-2025)

(a) Denial. If the treasurer-tax collector issues a notice of denial of an application for a cannabis business license or renewal of a cannabis business license, the applicant has five calendar days from the date of service of the treasurer-tax collector notice to file a written appeal of the denial pursuant to this section with the treasurer-tax collector. The hearing on the denial shall be conducted pursuant to this section.

(b) Suspension or Revocation. If the county executive office determines that grounds for suspension or revocation of the cannabis business license exist, the county executive office shall issue a written notice of intention to suspend or revoke the cannabis business license.

(1) Notice of Intention.

i. The notice of intention shall be served on the licensee, as reported on the cannabis business license, and on the property owner, as reported on the latest equalized assessment roll. The notice of intention shall be served in accordance with the requirements set forth in subsection (e) below.

ii. The notice of intention shall include the intention to revoke or suspend the license, the grounds for suspension or revocation, the action necessary to abate the violation, the time limit for compliance/abatement, and the right to a hearing. The notice of intention shall notify the licensee of the opportunity to request a hearing before a hearing officer, to present evidence as to why the license should not be suspended or revoked, and that the licensee has ten calendar days to submit a written request for a hearing to the county executive office.

(2) The licensee shall have ten calendar days from the service of the notice of intention to submit a written request to the county executive office for a hearing. Failure to submit a written request for a hearing shall be deemed a waiver of the right to challenge the suspension or revocation of the cannabis business license and a failure to exhaust administrative remedies. If the hearing is not timely requested, the license will be suspend or revoked in accordance with the notice of intention. Appellant will be assessed fees to cover the costs of appeals.

(c) Upon receipt of a timely written request for a hearing, the county executive office shall set a date for a hearing to be held within sixty days of receipt of the request, unless an immediate threat to the public health, safety and welfare necessitates an earlier hearing date. Notice of the hearing, including the time, date, and location of the hearing, shall be served in accordance with the requirements in subsection (e) below. Any request by the cannabis operator to continue the hearing beyond the sixty days referenced above shall require the cannabis operator to cease all cannabis activities until such time as the hearing can be held and a decision is issued by the hearing officer.

(d) Hearing by the Hearing Officer:

(1) The hearing officer is authorized to conduct hearings, receive evidence, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and render decisions on the denial of an application or suspension or revocation of the cannabis business license. The formal rules of evidence shall not apply to these hearings, and there shall be no right to depose witnesses or make other pre-hearing motions, exception for a motion for continuance, as may be appropriate.

(2) In any proceeding before a hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts. The standard of proof shall be a preponderance of the evidence.

(3) All parties to the hearing shall have the opportunity to testify, introduce exhibits, call and examine witnesses, and cross examine opposing witnesses on any matter relevant to the issues.

(4) The hearing officer may postpone the hearing date upon good cause shown, continue the hearing during the course of the hearing, and make such other procedural orders and rulings as he or she deems appropriate during the course of the hearing.

(5) Within thirty calendar days after the close of the hearing, the hearing officer shall issue a written decision to the county executive office, including a statement of the basis for the decision. The hearing officer's written decision shall constitute the final administrative decision of the county.

(6) In the event a civil action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the county's total costs of enforcement, including reasonable attorney fees.

(7) If neither licensee nor owner, nor their authorized representatives, appear at the noticed hearing, such failure to appear shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies.

(8) The county executive office shall inform the treasurer-tax collector of the final administrative decision of the hearing officer.

(9) The local compliance officer shall inform the appropriate state agencies that the operator no longer has county authorization to operate.

(e) Service of notice to an applicant, licensee, or owner based on this section shall be in writing, and shall either be delivered by (i) personal delivery, (ii) certified U.S. mail, postage prepaid, return receipt requested, or (iii) first class mail which shall be deemed to be received (also referred to as date of service) five calendar days following deposit in the U.S. mail. A copy of this notice shall also be provided to the county executive office.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5130, § 10, 2-9-2021)

Failure to possess, or operating without, a valid cannabis business licenses for each and every cannabis operation as required by section 50-3, unless exempted in section 50-5, is a misdemeanor.

(Ord. No. 5037, § 1, 5-1-2018)

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(a) It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.

(b) Any condition caused or allowed to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall, at the discretion of county, create a cause of action pursuant to Santa Barbara County Code, and any other action authorized by law.

(c) Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Santa Barbara County Code or otherwise authorized by law. Additionally, as a public nuisance, any violation of this chapter shall be subject to injunctive relief, costs of abatement, costs of restoration, costs of investigation, attorney fees, restitution, and any other relief or remedy available at law or in equity.

(d) The county or the office of the district attorney may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the licensee, operator or persons related thereto, or associated with, the commercial cannabis activity.

(Ord. No. 5037, § 1, 5-1-2018)

(a) Any complaints regarding cannabis operations may be submitted to the county executive office's cannabis hotline.

(b) Each licensee is required to have a twenty-four-hour community relations contact, pursuant to section 50-24, that is available to receive and respond to complaints from the public. The licensee shall update the county immediately, through the CEO, if any changes occur to the community relations contact. The licensee shall make a good faith effort to resolve complaints without the need for intervention by the county.

(Ord. No. 5037, § 1, 5-1-2018)

(a) The county executive office (CEO) is the designated contact for all communications with the state licensing authorities regarding cannabis operations. The CEO may designate one person to function as the local compliance officer with oversight responsibilities for the county's cannabis program.

(b) The CEO shall provide written notification to the state, pursuant to Business and Professions Code Section 26055(g)(2)(E), as to the status of legal nonconforming operators that are no longer eligible for local authorization of temporary or provisional annual state cannabis license(s) for the following reasons including, but not limited to:

(1) Failure to submit a complete county land use application prior to the expiration of amortization periods in Santa Barbara County Code Section 35-1003.c;

(2) Rejection or denial of a county land use or business license application;

(3) Failure to file required county cannabis tax report(s) or failure to pay required taxes on cannabis operations; or

(4) Failure to make appropriate progress through the land use or business licensing application process.

(Ord. No. 5037, § 1, 5-1-2018; Ord. No. 5075, § 1, 4-9-2019; Ord. No. 5130, § 11, 2-9-2021)