The purpose of this chapter is to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Inyo County and to enforce rules and regulations consistent with state law. It is the further purpose of intent of this title to require all commercial cannabis operators to obtain and renew annually a license to operate within Inyo County. Nothing in this title is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or federal law. The provisions of this title are in addition to any other permits, licenses and approvals which may be required to conduct business in the county, and are in addition to any permits, licenses and approvals required under state, county, or other law.
(Ord. 1223 § I, 2018)
For the purposes of this chapter, the following words and phrases shall have the meanings set forth below when used in this chapter:
"Applicant"
means the individual, partnership, association, limited liability company, or corporation that has applied for, but not yet obtained a commercial cannabis business license to operate and conduct a business for which a commercial cannabis business license is required pursuant to the provisions of this chapter.
"Application"
means a written request submitted to the county commercial cannabis permit office for any license required by this chapter.
"Business"
means all activities engaged in or caused to be engaged within the unincorporated area of the county, and includes professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit of livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. A business shall also include a person as herein defined, but shall not include the services rendered by an employee to his or her employer. "Business" also means the soliciting of orders and the delivery of goods at either a fixed physical location and/or those that are operated on a mobile basis.
"Cannabis"
means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant; its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except for the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Cannabis does not include industrial hemp as defined by California Health and Safety Code Section 11018.5(a), as may be amended.
"Cannabis product"
means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Canopy"
means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. The plant canopy does not need to be continuous on any premises in determining the total square footage.
"Commercial cannabis business"
means any business activity relating to cannabis, including, but not limited to, cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, and selling (wholesale and/or retail sales) of cannabis and any ancillary products and accessories in the unincorporated area of the county, whether or not carried on for gain or profit.
"Commercial cannabis business license"
means the license issued pursuant to this chapter, which is required for all commercial cannabis business that is taxed pursuant to Inyo County Code Chapter 3.50 and California Revenue and Taxation Section 7284, and independent of any conditional use permit that may be required to conduct a commercial cannabis business at a specific location. The word "license" is interchangeable with the word "permit."
"County commercial cannabis permit office" or "C3PO"
means the office of the agricultural commissioner of the county of Inyo, his or her deputies, or any other county officer charged with the administration of the provisions of this chapter unless otherwise designated by resolution of the Inyo County board of supervisors.
"Fixed place of business"
means any establishment, store, office or central place for carrying on regular activities.
"Indoor"
means within a fully enclosed permanent building (e.g., not a "hoop house") constructed in such a manner that does not allow perceptible odor to escape to the exterior of the structure.
"Operator"
means any person who is operating and conducting, or intends to operate and conduct, a commercial cannabis business for which a license is required pursuant to the provisions of this chapter.
"Person"
means and includes an individual, partnership, corporation, limited liability company, firm, joint-venture, estate, trust, business trust, receiver, syndicate, association, cooperative or any other group or combination acting as a unit; when the terms used in this section designate the principal, the same means and includes the clerk, agents, servants, representatives, and employees or such principals, it being the intent of this chapter to license the business and not separate or individual acts or activities which constitute integral or related parts of the business except as otherwise provided in this chapter.
"Premises"
means the designated structure or structures and/or land specified in the application for a commercial cannabis business license that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis business will be or is conducted. A premises is not necessarily a parcel and one or more licenses may be required or issued per parcel. A premises cannot span across multiple parcels.
(Ord. 1223 § I, 2018; Ord. 1242 § 1, 2019)
This chapter applies in the unincorporated area of the county of Inyo. A commercial cannabis business license granted pursuant to this chapter does not authorize any occupation or activity of any kind which is prohibited by any other county regulation, including zoning ordinances, or by any state statute, law, rule, order or regulation.
(Ord. 1223 § I, 2018)
It is unlawful for any person to maintain, conduct, operate, or carry on within the unincorporated area of the county any commercial cannabis business, unless such person is issued a commercial cannabis business license pursuant to this chapter for such business, and such person is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities, including the duty to obtain any required local land use approvals and state licenses.
(Ord. 1223 § I, 2018)
A. 
A separate commercial cannabis business license is required for each class of commercial cannabis land-use activity permitted by the county as set forth in Inyo County Code Section 18.06.182. Except for classification 8 licenses (testing laboratory), all license classes may be distinguished based on whether the business is for commercial adult-use cannabis activity ("A") or for commercial medicinal cannabis activity ("M").
B. 
A separate commercial cannabis business license shall be required for each premises where commercial cannabis activity is carried on, at, or out of, regardless of ownership.
C. 
A licensee may conduct its commercial cannabis business only at the location and in the manner specified in the commercial cannabis business license.
(Ord. 1223 § I, 2018)
A. 
The commercial cannabis business license required by this chapter shall be procured prior to the commencement of business or, if the business is in operation and a license possessed, shall be renewed annually and prior to the expiration of such license in order for the license to remain valid.
B. 
All commercial cannabis business licenses are subject to an annual renewal. The renewal period shall begin May 1 and end July 1 of each year. The C3PO shall inform each commercial cannabis business license holder of the requirements of the requirements to renew their license.
C. 
As part of the annual renewal process, the county, acting through the board of supervisors at a public hearing noticed at least ten days in advance, may:
1. 
Amend the general conditions on commercial cannabis business licenses to impose additional general conditions based on relevant information brought to the county's attention in the preceding twelve months. If appropriate in the county's sole discretion, the county may specify a time period within which the operator must comply with such additional conditions.
2. 
Amend a specific commercial cannabis business licenses to apply additional specific conditions based on relevant information brought to the county's attention in the preceding twelve months. If appropriate in the county's sole discretion, the county may specify a time period within which the operator must comply with such additional conditions.
D. 
Operators who fail to annually renew their commercial cannabis business license prior to July 1 each year will be required to submit a new application, obtain all appropriate approvals, and pay the application and license fees in addition to any previous penalties due.
(Ord. 1223 § I, 2018; Ord. 1242 § 2, 2019)
A. 
The number of commercial cannabis business licenses available for each class of commercial cannabis activity, as set forth in Inyo County Code Section 18.06.182, shall be limited by zone as described below, and as shown for convenience purposes on the maps below. Any amendment of the ordinance codified in this section further limiting the number of commercial cannabis business licenses available shall not result in the revocation of any commercial cannabis business license existing and in good standing at the time of such a reduction. The number of available licenses shall be as set forth below, provided however that only one license-classification per parcel shall count toward the applicable limit:
1. 
Zone 1 shall be comprised of the First Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section and the unincorporated Inyo County portion of the Second Supervisorial District encompassing Tu Su Lane on the west, Early Pond on the south and See Vee Lane on the east, as that supervisorial district existed at the time of enactment of the ordinance codified in this section. The commercial cannabis business licenses available in Zone 1 shall be as follows:
a. 
Cultivation Licenses: 2.
b. 
Classification 6 Manufacturing Level 1: 1.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 2.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 1.
2. 
Zone 2 shall be comprised of the Second Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this chapter, excluding the unincorporated Inyo County portion of the Second Supervisorial District encompassing Tu Su Lane on the west, Early Pond on the south and See Vee Lane on the east, which shall be assigned to Zone 1 above. The commercial cannabis business licenses available in Zone 2 shall be as follows:
a. 
Cultivation Licenses: 2.
b. 
Classification 6 Manufacturing Level 1: Combined with Classification 7, 2 total.
c. 
Classification 7 Manufacturing Level 2: Combined with Classification 6, 2 total.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 0.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 1.
3. 
Zone 3 shall be comprised of the Third Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section. The commercial cannabis business licenses available in Zone 3 shall be as follows:
a. 
Cultivation Licenses: 0.
b. 
Classification 6 Manufacturing Level 1: 0.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 0.
e. 
Classification 9 Non-Storefront Retail: 0.
f. 
Classification 10 Retailer: 0.
g. 
Classification 11 Distributor: 0.
h. 
Classification 12 Microbusiness: 0.
4. 
Zone 4 shall be comprised of the Fourth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section. The commercial cannabis business licenses available in Zone 4 shall be as follows:
a. 
Cultivation Licenses: 2.
b. 
Classification 6 Manufacturing Level 1: 1.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 0.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 0.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 1.
5A. 
Zone 5A shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this chapter, bounded by: on the north, the Fourth Supervisorial District; on the east, from Owenyo Lone Pine Road and Dolomite Loop Road to Highway 136 between Owenyo Lone Pine Road and Highway 395; and Highway 395 south to the intersection of Cottonwood Creek Road; on the south, westward from Cottonwood Creek Road, along Cottonwood Creek, to Horseshoe Meadows Road. to the end of Horseshoe Meadows Road and due west approximately 2.6 miles to the county line. The commercial cannabis business licenses available in Zone 5A shall be as follows:
a. 
Cultivation Licenses: 2.
b. 
Classification 6 Manufacturing Level 1: 1.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 1.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 1.
5B. 
Zone 5B shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section, bounded by: on the north, the southern boundary of Zone 5A extending to 2.5 miles due east of the junction of Cottonwood Creek Road and Highway 395; on the east, from 2.5 miles due east of the junction of Cottonwood Creek Road and Highway 395 and extending south, along a line 2.5 miles east and parallel to Highway 395, to the northern boundary of Zone 5C, also being the southern line of Township 19 South M.D.B & M, approximately 2.5 miles from Highway 395; on the south, westward from the northern boundary of Zone 5C approximately 2.5 miles from Highway 395 to the county line; and, on the west the county line to the southern boundary of Zone 5A. The commercial cannabis business licenses available in Zone 5B shall be as follows:
a. 
Cultivation Licenses: 0.
b. 
Classification 6 Manufacturing Level 1: 0.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 0.
e. 
Classification 9 Non-Storefront Retail: 0.
f. 
Classification 10 Retailer: 0.
g. 
Classification 11 Distributor: 0.
h. 
Classification 12 Microbusiness: 0.
5C. 
Zone 5C shall be comprised of the area Within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this chapter, bounded by: on the north, the southern boundary of Zone 5B, also being the southern line of Township 19 South M.D.B & M, and extended along the southern boundary of Zone 5D approximately 5 miles; on the east, the western boundary of the China Lake Naval Weapons Station; on the south, the county line; and, on the west, the county line to the boundary of Zone 5B. The commercial cannabis business licenses available in Zone 5C shall be as follows:
a. 
Cultivation Licenses: 5.
b. 
Classification 6 Manufacturing Level 1: 1.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 2.
f. 
Classification 10 Retailer: 2.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 3.
5D. 
Zone 5D shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section, bounded by: on the north, the intersection of Owenyo Lone Pine Road and the boundary of the Fourth Supervisorial District east along the boundary of the Fourth Supervisorial District to the western boundary of Death Valley National Park; on the east, southward along the western boundary of Death Valley National Park to its intersection with Old Toll Road south to Ophir Road, and continuing south on Ophir Road to the northern boundary of the China Lake Naval Weapons Station, also being the southern line of Township 19 South M.D.B & M; on the south, the northern boundary of the China Lake Naval Weapons Station, also being the southern line of Township 19 South M.D.B & M, extending due west to the northeast corner of Zone 5C and extending 5 miles west along the northern boundary of Zone 5C, also being the southern line of Township 19 South M.D.B & M, to a point 2.5 miles east of Highway 395; and, on the west, 2.5 miles east of Highway 395 and extending north, along a line 2.5 miles east and parallel to Highway 395 until a point 2.5 miles due west of the junction of Cottonwood Creek Road and Highway 395; and north following Highway 395 to the junction of Highway 395 and Highway 136 and following Highway 136 east to Dolomite Loop Rd, and following Dolomite Loop Rd. north to Owenyo Lone Pine Rd. and following Owenyo Lone Pine Rd to the southern boundary of District 4. The commercial cannabis business licenses available in Zone 5D shall be as follows:
a. 
Cultivation Licenses: 2.
b. 
Classification 6 Manufacturing Level 1: 1.
c. 
Classification 7 Manufacturing Level 2: 0.
d. 
Classification 8 Testing Laboratory: 0.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 0.
g. 
Classification 11 Distributor: 1.
h. 
Classification 12 Microbusiness: 1.
5E. 
Zone 5E shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this section, bounded by: on the north and the east, the western boundary of Death Valley National Park; on the south, the county line; and, on the west the eastern boundary of the China Lake Naval Weapons Station to the south boundary of Zone 5D; and on the north, the north boundary of China Lake Naval Weapons Station east to Ophir Road and north along Old Ophir Road to the intersection with the boundary of Death Valley National Park. The commercial cannabis business licenses available in Zone 5E shall be as follows:
a. 
Cultivation Licenses: 5.
b. 
Classification 6 Manufacturing Level 1: 2.
c. 
Classification 7 Manufacturing Level 2: 1.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 1.
g. 
Classification 11 Distributor: 2.
h. 
Classification 12 Microbusiness: 1.
5F. 
Zone 5F shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this chapter, bounded by: on the north; by the southern boundary of Zone 4; and on the east, the Nevada state line south to the northern crest of the Nopah mountain range and south along the crest of the Nopah mountain range to the county line; and on the south, the county line to the western boundary of Death Valley National Park; and, on the west, the western boundary of Death Valley National Park to the southern boundary of Zone 4. The commercial cannabis business licenses available in Zone 5F shall be as follows:
a. 
Cultivation Licenses: 10.
b. 
Classification 6 Manufacturing Level 1: Combined with Classification 7, 5 total.
c. 
Classification 7 Manufacturing Level 2: Combined with Classification 6, 5 total.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 1.
f. 
Classification 10 Retailer: 1.
g. 
Classification 11 Distributor: 2.
h. 
Classification 12 Microbusiness: 2.
5G. 
Zone 5G shall be comprised of the area within the Fifth Supervisorial District, as that supervisorial district existed at the time of enactment of the ordinance codified in this chapter, bounded by: on the north and east, the intersection of northern crest of the Nopah mountain range and the Nevada state line south along the State line to the Inyo County line; on the south, the county line to the boundary of Zone 5F; and, on the west, the crest of the Nopah mountain range northward to the intersection with the Nevada state line. The commercial cannabis business licenses available in Zone 5G shall be as follows:
a. 
Cultivation Licenses.
1. 
4 for cultivation activities of 5,000 square feet or less; and
2. 
11 for cultivation activities including those greater than 5,000 square feet.
b. 
Classification 6 Manufacturing Level 1: Combined with Classification 7, 6 total.
c. 
Classification 7 Manufacturing Level 2: Combined with Classification 6, 6 total.
d. 
Classification 8 Testing Laboratory: 1.
e. 
Classification 9 Non-Storefront Retail: 0.
f. 
Classification 10 Retailer: 1.
g. 
Classification 11 Distributor: 2.
h. 
Classification 12 Microbusiness: 6.
B. 
Issuance of commercial cannabis business licenses for commercial cannabis business activities subject to the provisions of this chapter but not subject to the county's land use regulations or definitions set forth in Inyo County Code Section 18.06.182, may be considered on an individual basis unless limited by amendments to this chapter.
C. 
The board of supervisors may reduce the number of classification(s) of commercial cannabis business licenses available in a specific zone following the county's ordinance amendment process. Any amendment to this ordinance reducing the number of commercial cannabis business licenses available shall not result in the revocation of any commercial cannabis business license existing and in good standing at the time of such a reduction. If, however, the numbers of a classification of commercial cannabis business license are reduced in a given zone, all existing licensees in any such zone must re-apply for a commercial cannabis business license during the renewal period for that year, or if already passed the following year, pursuant to Section 5.40.090. If necessary and appropriate in the county's sole discretion, the county may grant a temporary extension to any affected existing license to prevent it from expiring during the application process specified by Section 5.40.090.
(Ord. 1223 § I, 2018; Ord. 1242 § 3, 2019; Ord. 1246 § 1, 2019; Ord. 1250 §§ 1—5, 2020)
A. 
The C3PO shall create a standard application consistent with requirements of this section. The application shall become part of the record for any directly related hearing subsequently conducted to consider an application for a conditional use permit required by Title 18 of this code.
B. 
The applicant for the commercial cannabis business license required by this chapter shall be the operator of the business.
C. 
Every application for a commercial cannabis business license and/or renewal required by this chapter shall be signed by the applicant under penalty of perjury on a form required for such application and shall include, but is not limited to, the following information:
1. 
The name and mailing address of the applicant and the names of all other persons having an ownership interest in the applicant applying for a license. If the applicant is not a natural person: the entity's address for its principal place of business and the name and mailing address of an officer who is duly authorized to accept the service of legal process;
2. 
Contact information for the operator, including telephone number, e-mail address, and mailing address where the operator can be reached at any time if an emergency or code compliance issue arises;
3. 
The name under which the operator will be doing business;
4. 
The exact nature of the commercial cannabis business;
5. 
The exact location of the commercial cannabis business including the assessor's parcel number(s) and street address or the route or territory to be covered if no fixed place of business;
6. 
The name and address of the owner of the property where the commercial cannabis business is located;
7. 
The name and address of the lessor and/or lessees, if different from the owner of the property where the commercial cannabis business is located, if the location of the business is based on a lease or option to lease the location;
8. 
Such other information as the C3PO may request in order to evaluate and process the application for a business license.
(Ord. 1223 § I, 2018; Ord. 1242 § 4, 2019)
A. 
It is the intent of the county to consider applications for commercial cannabis business licenses required by this chapter pursuant to a competitive process.
B. 
All applications for a commercial cannabis business license shall be filed with the C3PO after payment of any required fees established by resolution of the board.
C. 
Whenever there exists an available commercial cannabis business license(s), but no sooner than January 1, 2018, the C3PO shall issue a notice of available commercial cannabis business license(s) and a request for applications therefor. Said notice shall specify how applications shall be submitted, the deadline for submitting applications, and the scoring criteria utilized for ranking the applications. The C3PO shall allow at least sixty calendar days for applications to be submitted after issuance of the notice of availability.
D. 
Initial Application Evaluation.
1. 
The C3PO shall conduct an initial review of all applications and reject any application that meets any of the following criteria:
a. 
The application is incomplete.
b. 
The required fees have not been paid.
c. 
The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact from the application.
d. 
The proposed commercial cannabis business at the proposed location is not allowed as a conditional use or is otherwise prohibited by any state or local law or regulation.
e. 
Any person who is listed in the application as required by this chapter has been convicted of a felony within the past three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
f. 
Any person who is listed in the application as required by this chapter is delinquent in the payment of any applicable county taxes or fees.
g. 
Any person who is listed in the application as required by this chapter is then in violation of any county code.
2. 
First Rejection.
a. 
If the C3PO rejects an application, the office shall specify in writing the reasons for the decision and, except for an application that was previously rejected for any of the same reason(s), notify the applicant that the decision shall become final unless the applicant files an amended application within fourteen business days of the date that the applicant received the rejection notice via certified mail. Only one amended application shall be allowed per review period. If, after thirty calendar days from the mailing of the letter of first rejection no delivery confirmation has been obtained, the application will receive a final score based on the information contained in the initial application submission.
3. 
Second Rejection. If the C3PO rejects an application for a second time for any of the same reasons forming the basis of a prior rejection, the notice of rejection shall specify in writing the reasons for the decision and the right of the applicant to file an appeal pursuant to Section 5.40.150(A).
4. 
Upon close of the initial review period, all applications that are not rejected shall proceed to the application scoring evaluation.
E. 
Application Scoring Evaluation.
1. 
The C3PO shall develop detailed objective review criteria for evaluation of competing applications, which shall be scored on a point system or equivalent quantitative evaluation scale tied to each set of review criteria ("review criteria"). At a minimum, said review criteria shall include, but may not be limited to, the following considerations or combinations thereof:
a. 
Adequacy of the security plan taking into consideration the sheriff's evaluation of said plan;
b. 
Adequacy of the operating plan;
c. 
Appropriateness of site location;
d. 
Proposed measures to mitigate potential negative impacts to the community including, but not limited to, police and fire community safety considerations;
e. 
Environmental considerations including water sources;
f. 
Residency considerations, including: operator residing within the county, hiring preferences for residents of unincorporated Inyo County, and wages proposed to be paid to employees;
g. 
Community benefit plan, including, but not limited to, identification of a designated community liaison, and identified support for school-related and community-based organizations; and
h. 
Any prior or existing operation of a commercial cannabis business subject to this chapter, with those conducted in good standing to receive a ten percent increase in total score and those not conducted in good standing to receive a ten percent decrease in total score.
2. 
The C3PO may conduct the application scoring evaluation through a committee of county staff representing appropriate departments, other local agencies, and/or through use of a third party consultant.
3. 
After applications are scored, the C3PO shall provide the results of application scoring evaluation to the board of supervisors for its consideration along with any recommendations for which application(s) to approve, and the reasons therefor.
F. 
The board of supervisors' consideration of applications for a commercial cannabis business license, and any approval of such license will occur at a public hearing for which a public notice had been published fourteen days in advance.
G. 
The board of supervisors shall have the authority to determine, in its sole discretion, the competing applications that will be approved for a commercial cannabis business license. In making its decision, the board may adjust the results of the application scoring evaluation. The decision of the board of supervisors is final and not subject to further administrative appeal.
H. 
An application for a commercial cannabis business license must achieve a score of at least eighty percent of the total possible points on the final application scoring approval evaluation approved by the board of supervisors in order to be awarded a commercial cannabis business license.
I. 
Upon the board of supervisors approving issuance of a commercial cannabis business license, the C3PO shall provide the license to the applicant with thirty days of any conditions that may apply being met, and will be responsible for administering and enforcing the license terms and conditions. The commercial cannabis business license shall be in the form prescribed by the commercial cannabis business permit office and must contain, at a minimum, the licensee's name, the business name, the license classification, the location of the business operation, and the commencement and expiration dates of the license.
J. 
Commercial cannabis business licenses shall be conditionally issued contingent on applicant obtaining all applicable permits and licenses required by the county and/or state of California, and presenting same to the C3PO, within six months of issuance of a commercial cannabis business licenses. Commercial cannabis business licenses shall be void if the applicable state license(s) or permit(s), or local land use approvals, are not presented to the C3PO within twelve months unless the C3PO agrees, in writing, to extend to deadline for obtaining and submitting the state permit(s) or license(s) for a period not to exceed an additional six months. Any additional extension shall require the approval of the board of supervisors.
K. 
Commercial cannabis business licenses shall be conditionally issued contingent on the applicant remaining current on payment of all county fees and taxes, and compliance with all county regulations.
L. 
Every licensee having a fixed place of business shall display the valid license in a conspicuous place in such place of business. Every licensee not having a fixed place of business shall carry such license on their person at all times during any actions related to the conduct of carrying on the licensed commercial cannabis business activity, and shall exhibit it, whenever requested, to any person.
(Ord. 1223 § I, 2018; Ord. 1242 § 5, 2019; Ord. 1262 § 1, 2021)
A. 
Each licensee shall pay an annual license fee, in such amount as adopted by the board of supervisors by resolution, for the administration of the commercial cannabis business license chapter, including monitoring and enforcing compliance with terms of the license.
B. 
The board of supervisors may enact fees as may be necessary to recover the county's costs of inspection, enforcement, and corrective actions in relation to the commercial cannabis business license. The board of supervisors may enact a penalty for a late payment of any required fees, but in no event shall a license holder be granted more than sixty calendar days beyond the originally set deadline to pay the required fee. For purposes of this section, a payment is made when it is physically delivered to the county or when it is mailed to the county with a postmark dated on or before the deadline.
(Ord. 1223 § I, 2018; Ord. 1262 § 2, 2021)
Absent approval of the board of supervisors, no license granted under the provisions of this chapter shall be transferable or removable to another location, operator, person, or entity. For purposes of this section, a transfer shall include, but is not limited to, the change in corporate control of a licensee as set forth in the California Revenue and Taxation Code Division 1 Part 0.5 Chapter 2, as may be amended.
(Ord. 1223 § I, 2018)
A. 
Any of the following shall be grounds for revocation of a commercial cannabis business license:
1. 
Violation of any conditions of the license;
2. 
Violation of any provisions of this chapter or other applicable county regulations;
3. 
Failure to pay fees or taxes, including those imposed by Chapter 3.50, or fines or penalties associated with said business when due and payable;
4. 
Failure to obtain any other license or permit required by state law or county regulation to conduct the business, or such other required licenses or permits have been suspended or revoked;
5. 
The conviction of any person who is listed in the application as required by this chapter of a felony while holding a commercial cannabis business license during the previous three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
B. 
Notwithstanding any provision in the Inyo County Code to the contrary, if the C3PO intends to revoke a commercial cannabis business license, the C3PO or any other county officer charged with the administration of the provisions of this chapter shall specify in writing the reasons for the decision and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Section 5.40.150. The notice shall specify whether the revocation is immediately imposed for public health or safety reasons or shall be effective following the hearing. The notice of the decision shall be served or mailed to the applicant at the address indicated on the application.
C. 
No person may secure any commercial cannabis business license if that person has had any license issued under this chapter revoked within the preceding six months.
(Ord. 1223 § I, 2018; Ord. 1242 § 6, 2019)
A. 
Any applicant who alleges an error by the C3PO with respect to any second rejection of an application shall, within five business days of the date the rejection notice was mailed, make application in writing to the county administrative officer, or designee, for a hearing on the decision.
B. 
Any commercial cannabis business license holder aggrieved by any decision of the C3PO with respect to the revocation of a commercial cannabis business license shall, within ten business days, make application in writing to the county administrative officer, or designee, for a hearing on the decision before the board of supervisors. A license revocation for failing to pay a fee shall not be appealable unless the applicant alleges the fee was actually paid in a timely manner.
C. 
If application for a hearing is not made within the time prescribed, the rejection, revocation, or other decision or shall become a final action that is not subject to any further administrative remedy.
D. 
If such application is made within the prescribed time period, the county administrative officer, or designee, shall give no fewer than five business days’ written notice to the applicant to show cause at a hearing at a time and place fixed in the notice why the decision should not be upheld.
E. 
At the hearing, the applicant may appear and offer evidence why such decision should be vacated. Within sixty calendar days after the hearing, the county administrative officer, or designee, or the board of supervisors in the instance of an appeal revoking a license, shall determine if the decision shall be upheld and shall thereafter give written notice to the applicant. The decision of the county administrative officer, or designee, or board of supervisors, shall be final and not subject to further administrative appeal.
(Ord. 1223 § I, 2018; Ord. 1242 § 7, 2019; Ord. 1262 §§ 3, 4, 2021)
A. 
It shall be the duty of the C3PO to collect the permit fees, issue the permits approved by the board of supervisors, and perform the duties required by this chapter. The C3PO or any other county officer charged with the administration of the provisions of this chapter may adopt such rules and regulations consistent with the purpose, intent, and express terms of this chapter deemed necessary to supplement or clarify such provisions or aid in their enforcement. To that end representatives of the C3PO, or any other county officer charged with the administration of the provisions of this chapter shall be permitted to enter, free of charge during normal business hours, any such place of business required to be licensed under this chapter, for the purpose of inspection or to demand the display of any permit required hereby.
B. 
Any permit fees, fines or penalties required to be paid by any commercial cannabis business under the provisions of this chapter shall be deemed a debt owed by the business to the county. Any business owing money to the county under the provisions of this chapter shall be liable to an action brought in the name of the county of Inyo for the recovery of such amount.
(Ord. 1223 § I, 2018)
A. 
Notwithstanding any other applicable penalty, criminal penalties shall continue to apply to an unlicensed person engaging in commercial cannabis activity in violation of this chapter.
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 the commercial cannabis business permit office or any other county officer charged with the administration of the provisions of this chapter, be subject to an administrative action pursuant to Chapter 1.20 of the Inyo County Code and/or any other applicable law.
(Ord. 1223 § I, 2018)