A. 
Purpose. The purpose of a cannabis-oriented business permit is to provide a process for the appropriate review of cannabis-oriented businesses and uses.
B. 
Intent. The intent is to ensure that all approved site and structural development:
1. 
Respects the physical and environmental characteristics of the site;
2. 
Ensures safe and convenient access and circulation for pedestrians and vehicles;
3. 
Exemplifies the best professional high-quality design practices;
4. 
Allows for and encourages individual identity for specific uses and structures;
5. 
Encourages the maintenance of a distinct neighborhood and/or community identity;
6. 
Minimizes or eliminates negative or undesirable visual impacts; and
7. 
Provides for the adequate dedication of land for public purposes and the provision of public infrastructure, associated with the development.
(Ord. 24-13, 10/1/2024)
A cannabis-oriented business permit is required to authorize any cannabis-oriented business identified by Chapter 17.435 (Cannabis-Oriented Business) as being allowable in the applicable zone subject to the approval of a cannabis-oriented business permit.
(Ord. 24-13, 10/1/2024)
The City Manager or his/her designee shall be responsible for the granting, disapproving, revoking, renewing, suspending, and canceling cannabis-oriented business permit for proposed or existing uses. The City Manager shall also be responsible for ascertaining whether a proposed cannabis-oriented business for which a permit is being considered complies with all applicable zoning laws and/or regulations.
(Ord. 24-13, 10/1/2024)
A. 
By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code, and to the exercise of authority by the City Manager, the Police Chief, and all other City employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the City.
B. 
The applicant for a cannabis-oriented business permit under this chapter or a permittee shall have a continuing duty to promptly supplement any information required by this Code in the event information changes in any way from what was stated in previous submittals.
C. 
Submission of the materials required for a cannabis-oriented business permit shall not preclude the need for the applicant to obtain other standard approvals from the City in compliance with the standards of this Development Code.
D. 
Every person who proposes to establish, maintain, operate, or conduct a cannabis-oriented business in the City shall file a cannabis-oriented business permit application with the City Manager upon a form provided by the City along with applicable filing fees.
E. 
In addition to the regular required information for a land use development case, all cannabis-oriented business permit applications shall include the following information:
1. 
The applicant's full legal name, address, phone number and email address. For the purposes of this provision, the applicant is the person, or persons authorized to make business decisions for which the permit is being requested. It shall be the applicant's responsibility to maintain an updated address, as necessary, even after permit issuance by notifying the City.
2. 
If different than applicant, the project's legal representative's, full name, address, phone number and email address.
3. 
The applicant shall provide a notice address, which shall be the address to which notice of action on the application is to be mailed. The applicant shall also provide the name, address and phone number of the person who is responsible for providing access to the proposed site for inspection purposes.
4. 
Location and address of the proposed cannabis-oriented business.
5. 
Legal description of the subject property.
6. 
Proposed hours of operation, number of employees and hours of shifts and employees per shift.
7. 
A detailed site plan including a plan for all utility services (water, electric and gas).
8. 
A detailed description of the type of licenses for which the permit is requested, and the nature of the operation and activities that are to occur on site.
9. 
A parking plan providing for adequate contiguous on-site parking for the intended use, and in compliance with the requirements for parking set forth in Chapter 17.435 (Cannabis-Oriented Businesses).
10. 
A lighting plan prepared by a licensed lighting engineer and in compliance with the requirements of Chapter 17.435 (Cannabis-Oriented Businesses).
11. 
The name or names of the person or persons having responsibility for the management or supervision of the applicant's use.
12. 
Detailed floor plan and interior configuration of the premises, including a statement of the total floor area occupied by the cannabis-oriented business.
13. 
Detailed elevations showing all four elevations of any proposed structures and signs, and listing proposed exterior building materials. Elevations shall be colored or a materials board shall be submitted. In the case of existing structures where a change of use is proposed and no structural changes or exterior modification are proposed, photographs may be accepted in lieu of elevation drawings if they show all elevations of the structure.
14. 
Detailed description on how cannabis-related waste will be disposed of consistent with state law.
F. 
On-Site Security Plan:
1. 
A description of how security data from security cameras will be collected and maintained. All security cameras on site shall operate in an on-going manner with at least 240 concurrent hours of digitally recorded documentation in a format approved by the City manager or designee. The cameras shall be in use 24 hours per day, seven days per week.
2. 
A description of security personnel to be utilized on site. All security personnel shall be licensed security guards, licensed by the California Department of Consumer Affairs. At least one licensed security guard shall be present at the cannabis-oriented business during all hours of operation. If any security guard is to be armed, then the security guard shall possess at all times a valid security guard card and firearms permit issued by the California Department of Consumer Affairs.
G. 
The application shall include the documentation submitted for any regulatory permit in conjunction with the cannabis-oriented business at the site, including but not limited to any permit required by Chapter 9.28 (Regulation of Cannabis Uses) of the San Jacinto Municipal Code.
(Ord. 24-13, 10/1/2024)
The application for a cannabis-oriented business permit may include a plan for a phased expansion or build-out of the cannabis-oriented business. The phased plan shall not extend expansion or build-out beyond three years of initial approval. If such plan is included and approved, the applicant shall give notice to the City Manager not less than 30 days prior to the start of any expansion or build-out activities and not less than 10 days after completion of such expansion or build-out. Approval of any phased plan shall not result in or be construed as the granting of any vested rights to complete development of the site in accordance with the phased plan.
(Ord. 24-13, 10/1/2024)
A. 
Upon receipt of a completed application required by this chapter and payment of the requisite application and permit fees, the City Manager or his/her designee shall investigate the information contained in the application to determine whether the application is complete.
B. 
When an application has been deemed complete by the City, the City Manager shall complete the investigation, grant or disapprove the application in compliance with the provisions of this section:
C. 
If the applicant has not obtained a state license for the cannabis-oriented business at the time the application is granted, then the granting of the application shall be deemed to be conditional upon obtaining and submitting proof acceptable to the City Manager of the appropriate state license within 180 days. This timeframe may only be extended upon showing that the applicant timely and diligently pursued the state license and the failure to obtain the state license was not due to the applicant. Nothing herein shall authorize commencement of a use without first obtaining an appropriate state license.
(Ord. 24-13, 10/1/2024)
A. 
The City Manager shall disapprove an application for any of the following applicable reasons:
1. 
The site, building, structure, equipment and/or location to be used by the use for which the permit is required, does not, or cannot, be corrected to comply with the locational requirements set forth in this chapter and the applicable zoning, land use, development, health, fire, building and safety laws of the City and state.
2. 
The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit required by this chapter or in any report or record required to be filed in connection with the application.
3. 
The applicant is under 21 years of age.
4. 
The required permit application fee has not been paid.
5. 
The applicant failed to submit a complete application after being notified by the City Manager that the application was incomplete.
6. 
The applicant or the applicant's cannabis-oriented business is in violation of, or is not in full compliance with, provisions of this chapter related to the establishment and maintenance of a cannabis-oriented business.
7. 
The applicant, manager, partner, agent, director, officer, or stockholder has had any type of cannabis-oriented business permit or regulatory permit suspended or revoked by any city, county, or state within two years immediately preceding the date of the application, because of failure to comply with regulations, standards or conditions of the regulatory agency.
8. 
The granting of the permit would violate a statute, ordinance, or court order.
9. 
The applicant or property owner is overdue in payment to the City of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former cannabis-oriented business.
10. 
The application does not include an adequate plan for gas, water and electric utility services or will serve letters from the same.
B. 
If the application is disapproved and all appeal rights have been exhausted, the applicant shall be ineligible to apply for any cannabis-oriented business permit in the City for a minimum of two years from the date the application was disapproved. If, subsequent to disapproval, the City Manager finds the basis for disapproval of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date the disapproval became final.
C. 
After any final disapproval of a permit under this chapter, the applicant may seek prompt judicial review of the decision in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq., and in compliance with the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.
(Ord. 24-13, 10/1/2024)
In approving a cannabis-oriented business permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.603.010 (Purpose and Intent), above.
(Ord. 24-13, 10/1/2024)
A. 
Any cannabis-oriented business permit approved in compliance with this chapter that includes a dispensary shall become null and void if not exercised within 12 months from the date of the approval. If a cannabis-oriented business ceases to operate for a period of 180 days, the cannabis-oriented business permit shall become null and void. A permit extension may be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City Manager that it has a good faith intent to presently commence the proposed use. Extensions of a cannabis-oriented business permit that includes a dispensary shall not exceed a total of two six-month extensions.
B. 
Any cannabis-oriented business permit approved in compliance with this chapter that does not include a dispensary shall become null and void if not exercised within 36 months from the date of the approval. If a cannabis-oriented business ceases to operate for a period of 12 months, the cannabis-oriented business permit shall become null and void. A permit extension may be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City Manager that it has a good faith intent to presently commence the proposed use. Extensions of a cannabis-oriented business permit that does not include a dispensary shall not exceed 36 months.
(Ord. 24-13, 10/1/2024)
A. 
A permittee may be subject to suspension or revocation of a permit granted under this chapter, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes of action arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, operator, or manager of a cannabis-oriented business:
1. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
2. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to disclose the conviction of an act for which disapproval of a permit would have been required in compliance with this chapter.
3. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager refused to allow an inspection of the premises of the cannabis-oriented business as authorized by this chapter.
4. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager does not have a necessary state license for the operation of the use or the state license of the permittee, employee, agent, partner, director, stockholder, operator, or manager is suspended, revoked, or is otherwise inapplicable to the cannabis-oriented business on the site.
5. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the cannabis-oriented business in violation of a state, or local law, including but not limited to laws and regulations related to building, fire, health, or zoning statutes, codes, ordinances, or regulations, applicable in the City, based on the investigation by the City or other agency responsible for the enforcement of the applicable rules or laws.
6. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to abide by any action previously imposed by an appropriate officer of the City or other agency responsible for the enforcement of this chapter and other county and state codes and laws.
7. 
The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to comply with any condition of approval of the cannabis-oriented business permit or regulatory permit.
B. 
On determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a hearing by the City Manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support of permit suspension or revocation. The notice shall be mailed to the applicant's address listed on the permit application, or shall be delivered to the permittee personally, at least 10 business days prior to the hearing date. Hearings shall be conducted in compliance with procedures established by the City, but at a minimum shall include the following:
1. 
All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.
2. 
Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
3. 
Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness.
C. 
After holding the hearing in compliance with the provisions of this section, if the City Manager finds and determines that there are grounds for the action, the City Manager may impose one or more of the following:
1. 
A warning.
2. 
Suspension of the permit for a specified period not to exceed six months.
3. 
Modification of the permit to impose additional conditions or to revoke a portion of the permit.
4. 
Revocation of the permit.
D. 
The City Manager's decision may be appealed in compliance with Section 17.603.120 (Appeal of Disapproval, Suspension, or Revocation).
E. 
If any decision of the City Manager to revoke a permit is upheld after the permittee has exhausted the permittee's appeal rights, the permittee shall cease conducting use in the City. A revoked permit shall not be renewed and no other permit shall be issued to the same permittee or his or her successors-in-interest within two years of the date revocation became effective.
(Ord. 24-13, 10/1/2024)
A. 
After disapproval of an application for a permit submitted in compliance with this chapter, or after disapproval of renewal of a permit, or suspension or revocation of a permit, the applicant or permittee may appeal the administrative action in compliance with the provisions of this section.
B. 
An appeal of a disapproval, suspension or revocation shall be submitted to and received by the City Clerk within 10 business days of the date of the decision. The appeal shall be in writing on forms provided by the City together with an appeal fee established in compliance with Section 17.603.160, below. All appeals shall set forth the appellant's reason for asserting the action was in error, or in violation of this Development Code, or other applicable law. Any action appealed shall be suspended until action has been taken on the appeal.
C. 
When a timely appeal is filed, the City Manager shall, within 30 days of the filing of the appeal, set the item for a public hearing by the City Council.
D. 
All decisions made by the City Council regarding the permit disapproval, disapproval of renewal, suspension or revocation of a permit, shall be final. If the permit disapproval, disapproval of renewal, suspension or revocation of a permit is affirmed on review by the City Council, the applicant or permittee may seek prompt judicial review of the administrative action in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq. The City shall make all reasonable efforts to expedite judicial review in compliance with Code of Civil Procedure Section 1094.8. Any action under judicial review shall be suspended pending final administrative determination.
(Ord. 24-13, 10/1/2024)
Any cannabis-oriented business permit granted or approved in compliance with this chapter shall be granted or approved with the City reserving the right and jurisdiction to review and modify the cannabis-oriented business permit – including the conditions of approval – based on changed circumstances. Changed circumstances include, but are not limited to, modification of the use, change in scope, emphasis, size, or nature of the use, and expansion, alteration, or change of use or a change in federal or state law or policy relating to cannabis. The reservation of the right to review a cannabis-oriented business permit granted or approved under this chapter is in addition to, not in lieu of, the right of the City to review and revoke or modify any permit granted or approved in compliance with this chapter for any violations of the conditions imposed on the permit.
(Ord. 24-13, 10/1/2024)
An applicant or permittee shall permit the City Manager, Police Chief and representatives of the Department, the fire department, or other City departments or county agencies to inspect the premises of a cannabis-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to cannabis-oriented business, at any time it is occupied or opened for use. A person who operates a cannabis-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for use. Inspections shall be conducted in a reasonable manner.
(Ord. 24-13, 10/1/2024)
The provisions of this chapter are not intended to be exclusive and compliance with this chapter shall not excuse noncompliance with any other regulations pertaining to the operation of uses as adopted by the Council, including but not limited to Chapters 9.28 (Regulation of Cannabis Uses).
(Ord. 24-13, 10/1/2024)
The Council shall establish by resolution, and from time to time may amend, the fees for administration of this chapter. If additional fees are required for further investigation of an applicant, the permit shall not be issued until the additional fees are paid to the Department. Fees required by this chapter shall be in addition to any fees required by other City code or ordinance.
(Ord. 24-13, 10/1/2024)
A. 
It shall be unlawful for any person to operate a cannabis-oriented business without a valid permit(s) issued by the City Manager in compliance with this chapter.
B. 
Violation of any of the provisions of Subsection A, above, shall constitute a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this chapter is committed, continued, or allowed by that person. Despite the foregoing, the City Attorney may elect to prosecute any provision of this chapter as an infraction.
C. 
Violation of any requirement of this chapter applicable to a cannabis-oriented business permit issued in compliance with this chapter shall constitute grounds for revocation of the permit. A permittee shall be responsible for the conduct of all employees, independent contractors, or other persons who work at the permittee's cannabis-oriented business, and a permit may be subject to revocation for any violations of this chapter arising from the acts or omissions by employees, independent contractors, or other persons who work at the cannabis-oriented business.
(Ord. 24-13, 10/1/2024)
The City Manager or his or her designee is responsible for enforcing the provisions of this chapter.
(Ord. 24-13, 10/1/2024)