This chapter applies to every cannabis business permitted by Chapter 17.110 of this code.
(Prior code § 13A-3-01; Ord. 1686 § 1, 2022)
No person shall operate a cannabis business without obtaining a valid cannabis business permit issued pursuant to this article, except that an outside cannabis delivery service, as defined in Section 5.28.360, shall instead be required to obtain an outside cannabis delivery permit pursuant to Article 5 of this chapter.
(Prior code § 13A-3-02; Ord. 1686 § 1, 2022)
The cannabis business permit program fee is hereby established and imposed. The City Council shall establish by resolution the amount of the cannabis business permit program fee applicable to each respective cannabis business permitted by this chapter, and any related penalties.
A person may apply for a cannabis business permit, or a permit renewal, by filing an application with the Community Development Director. The application shall be on a form approved by the Community Development Director and may require any information or documentation consistent with the provisions of this code and State law, including the following:
A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, statement of information, articles of association, and fictitious business name statement.
A legible copy of one valid government-issued form of photo identification, such as a State driver's license, a passport issued by the United States, or a permanent resident card.
A list of his or her misdemeanor and felony convictions, if any. For each conviction, the list must set forth the date of arrest, the offense charged, the offense convicted, the jurisdiction of the court, and whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.
A description of the previous experience of the applicant and interested parties that will be directing, controlling and/or managing State regulated cannabis businesses or experience in a similarly State regulated activity.
A description of cannabis businesses or similarly State regulated activities owned and/or operated by applicant, and the role of the interested parties in those businesses.
A description of any profession certifications or formal training of the interested parties to be involved in the day-to-day operations and/or oversight of the proposed cannabis business.
Description. A general description of the proposed cannabis business site, including the street address, parcel number, total square footage of the site, and the characteristics of the surrounding area.
Floor Plan. A scaled floor plan for each level of each building that makes up the business site, including the entrances, exits, walls, and cultivation, manufacturing, laboratory and research, distribution and retail storage areas, as applicable. The floor plan must be professionally prepared by a licensed civil engineer or architect.
Site Plan. A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas, and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.
Compliance with Title 17, the Zoning Ordinance. A copy of a valid conditional use permit approved by the City for the proposed location, as may be applicable.
Statement of Owner's Consent. Written consent of the owner or landlord of the proposed site to operate a cannabis business, specifying the street address and parcel number.
Security Plan. A detailed security plan outlining the measures that will be taken to ensure the safety of persons and property on the business site. The security plan must be prepared by a qualified professional, consistent with Section 5.28.260 and approved by both the Police Chief and Community Development Director.
Odor Control. A detailed ventilation plan describing the air treatment system, or other methods that will be implemented to prevent offensive odors generated from the manufacturing, testing and/or storage of cannabis from being detected outside the buildings on the site.
Business Plan. A plan describing how the cannabis business will operate in accordance with this code, State law, and other applicable regulations. The business plan must include ownership and qualifications, budget, quality control, inventory control, plans for hours of operation, handling cash, and transporting cannabis and cannabis products to and from the business site, as may be applicable.
Community Benefit Plan. A plan describing the benefits the cannabis business has provided or will provide to the local community including direct aid, participation in, and commitment to funding the work of local nonprofits, community, civic, or social service based organizations. The development of public outreach and education program related to risks of youth and drugs, and any other agreed upon community benefit between the City and applicant.
Social Policy and Local Enterprise Plan. A plan describing applicant's plans for local outreach and hiring of residents of the City of Woodland for open positions and/or compensation for continuing education, and any other actions proposed by applicant that are intended to benefit the local workforce and/or applicant's local employees.
Community Relations and Neighborhood Compatibility Plan. A plan describing who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted. The plan should additionally describe how the cannabis business will proactively address and respond to complaints from the surrounding community related to noise, light, odor, litter, vehicles and pedestrian traffic and any other activities that could become a nuisance or have impacts on the cannabis business's neighbors and the surrounding community.
State Licenses. Copies of the applicant's State licenses relating to cannabis, as required by State law. If the applicant applies for a cannabis business permit prior to the State issuing the appropriate licenses, the applicant shall specify which State license(s) will be obtained once the State begins issuing licenses.
Tax Compliance. A current copy of the applicant's City business license tax certificate, State sales tax seller's permit, and the applicant's most recent year's financial statement and tax returns, as may be applicable.
Insurance. The applicant's certificate of commercial general liability insurance and endorsements and certificates of all other insurance related to the operation of the cannabis manufacturing business.
City Authorization. Authorization and consent for the Community Development Director to seek verification of the information contained within the application.
Applicant's Certification. A statement dated and signed by the applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, and that the application has been completed under the applicant's supervision.
Operating Agreement and Indemnification. The City and applicant shall enter into an operating agreement, in a form approved by the City Attorney, whereby the applicant:
Releases the City, and its agents, officers, elected officials, and employees from any and all claims, injuries, damages, or liabilities of any kind arising from: (i) any repeal or amendment of this chapter or any provision of the Zoning Ordinance relating to the cannabis business, and (ii) any arrest or prosecution of the applicant or its managers, employees, or members for violation of State or Federal laws.
Defends, indemnifies, and holds harmless the City and its agents, officers, elected officials, and employees from and against any and all claims or actions: (i) brought by adjacent or nearby property owners or any other parties for any damages, injuries, or other liabilities of any kind arising from operations at the manufacturing site, and (ii) brought by any party for any problems, injuries, damages, or other liabilities of any kind arising out of the distribution of cannabis or cannabis products at the business site.
Agrees to abide by the requirements of this code and any other operating terms and conditions as mutually agreed by the parties to ensure that the social policy and local enterprise plan commitments and community benefits derived from the proposed cannabis business adequately address potential adverse impacts.
No person shall knowingly make a false statement of fact or knowingly omit any information that is required in an application for a cannabis business permit.
(Prior code § 13A-3-04; Ord. 1686 § 1, 2022)
The Community Development Director, in consultation with the City Manager and Police Chief, is authorized to establish procedures and guidelines to process cannabis business permit applications.
The operation of the business site described in the application fails to comply with any of the requirements in this code, State law, or any other regulation;
Applicant has had a State or local cannabis-related land use or business permit revoked; or any of its managers were associated with a cannabis business that had its cannabis-related permit(s) revoked;
The applicant was notified that it was conducting commercial cannabis activity in violation of this chapter and any other City of Woodland ordinances, codes and requirements, and failed to cure the violation in a timely manner;
The applicant is delinquent in payment of Federal, State or local taxes and/or fees, and took no steps to cure the delinquency when notified by the appropriate agencies; or
A cannabis business permit issued pursuant to this article is valid for one year from the date that the permit is issued, unless suspended or revoked sooner.
A cannabis business permit is only valid for the operator of the cannabis business(es) identified on the cannabis business permit for that particular cannabis business site. In the event of multiple operators located on a single cannabis business site, each operator shall obtain and maintain a separate cannabis business permit to operate the operator's cannabis business(es).
A cannabis business permittee shall not allow cannabis or cannabis products on the business site to be visible from the public right-of-way, the unsecured areas surrounding the building(s) on the site, or the site's main entrance and lobby.
The permittee shall notify the Community Development Director of any change in the information provided on the application to obtain the cannabis business permit within 30 days of the change.
Conditions placed on the conditional use permit issued under Chapter 17.132 of this code are also conditions of the cannabis business permit. Any violation of the conditions of the conditional use permit is grounds for suspending or revoking the cannabis business permit.
The Community Development Director may impose additional conditions on the cannabis business permit, including the maximum amount of cannabis and cannabis products allowed on the site, number and types of equipment allowed, and security features.
A permittee may apply for a cannabis business permit renewal by submitting to the Community Development Director at least 30 calendar days before the expiration of the permit, a renewal application and a non-refundable renewal fee in an amount set by resolution of the City Council. Failure to timely submit a renewal application prior to expiration of the permit shall result in permit expiration, and an application for a new permit shall be required pursuant to Section 5.28.180.
If a timely and complete application for renewal is filed, the permit's expiration shall be stayed until a decision on the renewal application is issued.
The Community Development Director shall either approve or deny the renewal of a permit within 30 calendar days of receipt of the complete application. The Community Development Director may extend the time for consideration of the application for up to an additional 30 calendar days upon written notice to the applicant. The failure of the Community Development Director to timely act shall constitute approval of the renewal of the permit.
The Community Development Director shall approve the renewal of a permit if he or she finds that the circumstances existing during the term of the permit and during the review period of the application for renewal are consistent with all of the findings required for approval of a new permit specified in Section 5.28.180, and that no permittee or interested party of the cannabis business has committed, permitted, or failed to prevent violations of the municipal code, or any license or permit condition, during the preceding permit term.
Notwithstanding an approval for a permit renewal, the Police Chief may add, delete or modify the permit conditions using the criteria set forth in Section 5.28.210.
The renewal application shall be on a form approved by the Community Development Director. The Community Development Director, in consultation with the City Manager and Police Chief, is authorized to establish procedures and guidelines to process cannabis business permit renewal applications.
The Community Development Director may suspend, modify, or revoke a cannabis business permit issued pursuant to the provisions of this article for any of the following reasons:
The suspension, modification, or revocation of a cannabis business permit shall comply with Article 2 of this chapter.
(Prior code § 13A-3-09; Ord. 1686 § 1, 2022)
A cannabis business permittee shall provide the Community Development Director with the current name and primary and secondary telephone numbers of at least one 24-hour on-call manager to address and resolve complaints and to respond to emergency operating problems or concerns associated with the cannabis business.