It is unlawful for any person to engage in a cannabis-related business activity in the City unless the person: (1) has a valid cannabis business permit from the City; and (2) is in compliance with all applicable State and local laws and regulations pertaining to the cannabis business, including the duty to obtain and maintain any required State license(s).
(Ord. 1323 § 5, 8/28/17)
It is unlawful for a cannabis business permit to be issued for a cannabis-related business located on a parcel that is:
A. 
Within 600 feet of any other parcel containing a school. For purposes of this section, "school" includes a pre-school, transitional kindergarten, K-12 school, whether public or private.
B. 
Within 300 feet of any other parcel containing a religious facility; park (except those designated as primarily a pedestrian walkway rather than for recreational purposes); State- or County-licensed child daycare facility; youth center; or licensed drug or alcohol rehabilitation facility.
C. 
Except as otherwise provided, within 1,000 feet of any other parcel upon which a cannabis business is operating.
D. 
A cannabis business permit may be renewed for a cannabis-related business located on a parcel that is within the distance limitations in this section if:
1. 
The sensitive use located to the area after the subject cannabis business permit was first issued;
2. 
The subject cannabis business permit has not lapsed for any period of time; and
3. 
The cannabis-related business was in continuous operation.
E. 
Nothing in this section establishes a distance requirement for cannabis businesses located within the C-G zone that may be in the vicinity of residential uses.
F. 
For purposes of this section, a temporary interruption of business activity due to fire, natural disaster or other force majeure is excused provided reasonable steps are taken by the permittee to resume business operations expeditiously. The prior, temporary suspension of the cannabis business permit does not render a permit ineligible for renewal under this section provided the applicant otherwise qualifies for renewal pursuant to Section 14.08.060.
G. 
Wholly enclosed cannabis businesses for cultivation or manufacturing, or both, may be located not less than 500 feet from another parcel at which another cannabis business is operating if the City Council makes the following findings:
1. 
The cannabis business is for cultivation, manufacturing, or both, but not for dispensary or delivery purposes;
2. 
The cannabis business is wholly enclosed;
3. 
The cannabis business will utilize fewer than the minimum off-street parking spaces established by this Code; and
4. 
The cannabis business is substantially similar to any other business engaged in manufacturing or cultivation including, without limitation, those set forth in Section 17.52.020(B)(5).
(Ord. 1323 § 5, 8/28/17; Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)
A. 
By resolution, the City Council can establish the number, and types, of cannabis businesses that can be permitted to operate in the City at any given time. Each physical location of a cannabis-related business requires a separate cannabis business permit.
B. 
The following types of cannabis-related business activities can be authorized by a cannabis business permit:
1. 
Cannabis cultivation (including a nursery component);
2. 
Cannabis dispensary (including the incidental retail sale of cannabis accessories and cannabis delivery);
3. 
Cannabis manufacturing;
4. 
Cannabis distribution (see Business and Professions Code Sections 26001 and 26070); and
5. 
Cannabis testing.
C. 
Except as otherwise provided in this title, a cannabis business permit may authorize the permittee to engage in more than one type of cannabis business activity.
D. 
This section, along with an accompanying City Council resolution, is only intended to establish the maximum number of cannabis business permits that can be issued and active at any given time. It does not require the City to issue any particular number of cannabis business permits or to issue any cannabis business permits at all.
(Ord. 1323 § 5, 8/28/17; Ord. 1342 § 3, 9/11/17)
A. 
Cannabis business permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.
B. 
Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Such application fee is solely to reimburse the City for costs incurred as a result of processing a permit application. Any application fee is in addition to any permit fee or applicable tax separately established by City Council resolution or voter-approved ballot measure.
C. 
The application must identify the address of the location where the cannabis-related business is proposed to operate.
D. 
No person may apply for a cannabis business permit until and unless a Conditional Use Permit issued pursuant to Title 17 authorizes a cannabis-related business use at the subject location. A Conditional Use Permit is required in addition to, and separately from, a cannabis business permit required by this title. Before an application for a cannabis business permit will be accepted by the City for processing, the applicant must provide, on a form approved by the City, proof that the owner of the underlying property, or his/her/its authorized agent, has authorized the applicant to make the application for a cannabis business permit at the subject location. Unless a City Council resolution allows for concurrent permit applications, a copy of the Conditional Use Permit authorizing a cannabis-related use on the subject property must accompany the application. Only one application per parcel will be accepted and processed by the City at a given time. If an application for a cannabis-related business permit is denied, a subsequent application for a cannabis-related business permit on the same parcel may be accepted by the City only after the denial is final and all available administrative and judicial remedies relating thereto have been exhausted.
E. 
Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The City reserves the right to request supplemental information from any applicant before deeming an application complete. If supplemental information is requested, it must be provided to the City Manager, or designee, within seven business days of the request. If supplemental information is not provided within seven business days of the City's request, the application will lose its priority in the queue and will not be considered "received" until the date that all requested supplemental information is provided to the City Manager, or designee.
F. 
The City may reject or deny any or all applications. The City may request and obtain supplemental information from any applicant before making a decision on the application.
G. 
The City Council may, by resolution, establish minimum threshold qualifications for all cannabis business permit applicants including, without limitation, qualifications relating to prior relevant business experience, prior criminal history, and minimum liquid assets and/or net worth. Every application for a cannabis business permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.
H. 
The City Manager's decision with respect to a cannabis business permit application may be appealed to the City Council pursuant to this title.
I. 
Pursuant to Section 2.32.050(F) of this Code, the City Council will act as the Planning Agency for processing Conditional Use Permits.
(Ord. 1323 § 5, 8/28/17; Ord. 1348 § 3, 11/13/17; Ord. 1349 § 3, 11/27/17)
After an application is deemed complete, the City Manager, or designee, will schedule a public hearing before the City Council to consider whether to issue a cannabis business permit. Such permits may only be issued by the City Council following a public hearing held in accordance with Chapter 17.108 of this Code. It is within the City Council's sole discretion whether to issue a cannabis business permit.
(Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)
A. 
Each cannabis business permit issued pursuant to this title must be activated within 30 days after the public hearing approving the cannabis business permit. Activation occurs when the cannabis related business pays all fees required by this title; accepts all conditions; provides evidence that it was issued a valid Conditional Use Permit pursuant to Title 17 of this Code; and provides evidence that it applied with the State of California for all applicable State permits and commences operations as determined by the City Manager.
B. 
Each cannabis business permit issued pursuant to this title expires 12 months after the date it is issued. Cannabis business permits may be renewed as provided in this title.
(Ord. 1323 § 5, 8/28/17; Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)
A. 
An application for renewal of a cannabis business permit must be filed at least 60 calendar days before the expiration of the current permit.
B. 
The renewal application must contain all of the information required for a new application.
C. 
The renewal application must be accompanied by a renewal fee established by City Council resolution.
D. 
The renewal application must be denied if any of the following circumstances exists:
1. 
The renewal application is filed less than 60 calendar days before expiration of the permit.
2. 
The cannabis business permit is suspended at the time of the application.
3. 
The cannabis business has not been in regular and continuous operation in the four months before the renewal application.
4. 
The cannabis business failed to conform to the requirements of this title or any regulations adopted pursuant to this title.
5. 
The permittee does not possess a valid license from the State of California, if required by law.
E. 
Unless otherwise provided by City Council resolution, the City Manager, or designee, is authorized to make all decisions concerning applications for renewal. Unless otherwise provided by City Council resolution, the City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with State or local laws and regulations or to preserve and protect the public health, safety, or welfare.
F. 
If a renewal application is denied for any reason, the permittee will be barred from renewing the cannabis business permit. If the permittee wishes to obtain another cannabis business permit, he, she or it must file a new application as set forth in this title.
G. 
The City Manager's decision with respect to a renewal application may be appealed to the City Council pursuant to this title.
(Ord. 1323 § 5, 8/28/17; Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)
A. 
It is unlawful for any person to operate a cannabis business at any location other than the location specifically authorized and identified on a City-issued cannabis business permit.
B. 
No person may transfer ownership or control of a cannabis business or transfer any cannabis business permit issued under this title. A cannabis business permittee has no right to sell or transfer a cannabis business permit to another party or to have the City consider whether it should authorize the transfer of a cannabis business permit to another party. Any attempt to transfer ownership of a cannabis business or of a cannabis business permit will automatically render the cannabis business permit void.
C. 
Notwithstanding any other provision of this section, a permittee holding a cannabis business permit for medical cannabis may seek to convert that permit to a different cannabis related use by following the application and approval procedures established by this title.
(Ord. 1323 § 5, 8/28/17)
In consideration of the privilege for obtaining a cannabis business permit pursuant to this title, and in addition to any other requirements of this title, a permittee must pay to the City the following:
A. 
Permit Fee.
1. 
During the term of any permit, the permittee will pay the City an annual fee (the "permit fee") as established by City Council resolution.
2. 
The permit fee is due and payable annually on the anniversary date of the permit without demand and upon filing of the report required by this section. Any fees or expenses charged to permittees by City pursuant to this section, or any other provision of the permit, unless disputed in good faith, must be paid when due or are deemed delinquent. Any undisputed delinquent amounts will accrue an interest rate of 10% per annum. Any neglect, omission or refusal by permittee to pay any undisputed delinquent fee with any late charges, within 30 days of written demand for payment is grounds for the City to declare the permit forfeited pursuant to the procedures established by this title.
3. 
Payments must be made to the office of Treasurer, City of Bellflower, or at such place as the City may, from time to time, designate in writing. The permit fee must be paid annually during the term of the permit, including the year of granting the permit.
B. 
Annual Increase.
1. 
The amount of each annual payment of the permit fee is subject to an increase after the first year of the permit and each subsequent year.
2. 
The increase is based on the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles-Riverside-Orange County area (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which payment is due and payable CPI for the year. If the Index is discontinued or revised during the term of this permit, such other governmental price index or computation with which it is replaced chosen by the City will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
C. 
Reports Required. A permittee must file with the City Clerk and City's Finance Director, on or before January 31st after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this permit and on or before January 31st after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the permittee or by the oath of a duly authorized representative of the permittee, showing for the immediately preceding permit period:
1. 
The total gross receipts received by the permittee from the sale of cannabis and the use, operation or possession of this permit during the preceding calendar year, or fractional calendar year.
D. 
Any neglect, omission or refusal by permittee to file the verified statement required by the permit, or to pay any required payments at the time and in the manner specified is grounds for the declaration of a forfeiture of this permit and of all rights and privileges of permittee hereunder, provided that permittee has not cured said neglect, omission, or refusal to file or pay within 15 days following written notice from the City of failure to file or pay the required amount, or, if such neglect, omission or refusal is not reasonably subject to cure within such 15 day period, permittee has not commenced to cure such neglect, omission or refusal within such 15 day period and has not continued to prosecute such cure to completion.
E. 
The fee required by this section is in addition to any voter approved ballot measure imposing a tax upon a cannabis business.
(Ord. 1323 § 5, 8/28/17)