(1) 
The city of Willows authorizes, subject to the conditions set forth in this code, and only in zones in which such sales are permitted uses pursuant to WMC Title 18, the commercial sale of cannabis and cannabis products for medical and nonmedical uses. Such authorization, and any license issued hereunder, does not include the sale or manufacturing of cannabis or cannabis products at any location other than that for which a license is issued by the city of Willows.
(a) 
In addition to the requirements established in this chapter for retail/dispensary cannabis businesses, the delivery of cannabis and cannabis products shall be subject to the following requirements:
(i) 
Delivery of cannabis and cannabis products to customers at locations within the city of Willows shall be permitted only in conjunction with a cannabis retail establishment that has a physical location and a retail storefront open to the public within the city of Willows.
(ii) 
A cannabis retail establishment shall not conduct sales exclusively by delivery.
(iii) 
Conditional use permit applications for cannabis retail businesses shall include a statement as to whether the use will include delivery of cannabis and cannabis products to customers located outside the cannabis retail facility.
(iv) 
If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this chapter and state law.
(b) 
Cannabis businesses that sell or manufacture edible cannabis products shall have a valid Glenn County health permit. Permit holders shall comply with Health and Safety Code Section 13700 et seq., and Glenn County health permit requirements. Such requirements provide a system of prevention and overlapping safeguards designed to minimize foodborne illness, ensure employee health, demonstrate industry manager knowledge, ensure safe food preparation practices and delineate acceptable levels of sanitation for preparation of edible products.
(c) 
Drive-through or walk-up window services are prohibited at all retail/dispensary cannabis establishments in the city of Willows.
(2) 
The city council shall, by resolution, limit the number(s) of retail/dispensary cannabis business licenses to be issued within the city of Willows in order to avoid an excessive concentration of cannabis businesses in the city of Willows.
(3) 
The city council may, by resolution, establish special conditions for retail/dispensary cannabis business licenses.
(4) 
Each retail/dispensary cannabis business seeking to operate within the city of Willows must first apply and be issued the appropriate license to operate within the city of Willows. The license is specific to the location where the commercial cannabis activity business will be operating. Multiple operating locations for the same cannabis business will require separate licenses.
(5) 
No license shall be issued if the cannabis activity is not a permitted land use in the city. Every licensee shall hold a use permit issued authorizing the retail/dispensary sales of cannabis and cannabis products within the city of Willows.
(6) 
Repealed by Ord. 745-19.
(7) 
For the convenience and efficiency of both the applicant and the city, applications for retail/dispensary cannabis business licenses shall be processed in three phases: (a) a preliminary application intended to confirm the eligibility and suitability of the applicant(s), as determined in the sole discretion of the city of Willows; (b) significant information about the proposed site of the business, proposed operations, security and other detailed business operations; and (c) final consideration and approval/disapproval by the city council.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017; Ord. 740-18 § 1, 8-14-2018; Ord. 745-19 §§ 2 – 5, 7-9-2019)
(1) 
Phase One Applications for Retail/Dispensary Cannabis Business License.
(a) 
Phase one applications for retail/dispensary cannabis business licenses shall be filed with the city manager's office. Applications shall include all of the information required in subsection (1)(b) of this section, any other information reasonably requested by the city manager, and shall be accompanied by a nonrefundable phase one license application fee, established by resolution of the city council in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's license phase application. The phase one license application fee shall be in addition to any other fee imposed by this code. A request for additional information by the city manager shall be "reasonable" if it is intended to elicit more information or clarification about the applicant, its ownership, or background of the owners relevant to the ownership and/or operation of a retail/dispensary cannabis business in the city.
(b) 
The phase one application shall be signed by one or more owners certifying that all of the information provided is true and correct under penalty of perjury, and shall set forth in writing:
(i) 
Identity of the Retail/Dispensary Cannabis Business. A description of the statutory entity or business form that will serve as the legal structure for the business and a copy of its formation and organizing documents, including but not limited to articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement. If a corporation, limited liability company, or a general or limited partnership is a stockholder owning more than five percent of the stock or membership interest of an applicant's business, or is one or more of the partners in an applicant's business, the applicant shall set forth the names and addresses of each of the partners, officers, directors, and stockholders of the corporation, limited liability company, or general or limited partnership.
(ii) 
Management Information.
(A) 
The name, address, telephone number, title, and function(s) of each manager of the business.
(B) 
For each manager, 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.
(iii) 
Applicant's Phone Number and Mailing Address. The phone number and address to which notice of action on the application and future correspondence is to be mailed.
(iv) 
Previous Addresses. Previous addresses of the applicant for the past five years immediately prior to the present address.
(v) 
Verification of Age. Evidence that the applicant and all managers of the dispensary are at least 21 years of age.
(vi) 
Criminal Background.
(A) 
A list of each misdemeanor and/or felony conviction, if any, of the applicant, its owner(s) and manager(s), whether the conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each conviction, set forth the date of arrest, the offense charged, and the offense of which the applicant or manager was convicted.
(B) 
The applicant, each owner and each manager shall consent to fingerprinting and a criminal background investigation.
(vii) 
Employee Information. Number of employees, volunteers, and other persons who will work or provide services at the business.
(viii) 
State Licenses. Copies of the state licenses relating to marijuana, including cultivation licenses, the applicant holds, and/or a description of the state licenses the application for which the applicant intends to apply.
(ix) 
Plan of Operations. A plan describing how the business will operate consistent with state law and the provisions of this article.
(x) 
Business Description. A description of the proposed location, including the street address and parcel number, the square footage, and the characteristics of the neighborhood or surrounding area.
(xi) 
Response to the Zoning Code. An explanation of how the business complies or expects to comply with the zoning code, including, but not limited to, the location requirements.
(xii) 
Compliance with Applicable Taxes. The applicant shall provide a current copy of its business operations tax certificate and state sales tax seller's permit.
(xiii) 
City Authorization. Authorization and consent for the city manager to seek verification of the information contained within the application.
(xiv) 
Statement of Property Owner's Consent. Consent to operate a cannabis business at the proposed location, specifying the street address and parcel number, from the owner or landlord, of the proposed location.
(c) 
Review of Phase One Application.
(i) 
Upon receiving a phase one application for a retail/dispensary cannabis business license, the city manager shall determine whether the application is complete. If the city manager determines that the application is incomplete or has been completed improperly, the city manager shall notify the applicant within 30 days of application submittal. The city manager may grant the applicant an extension of up to 10 days to complete the phase one application.
(ii) 
If the city manager determines that the phase one application is complete and, on the face of the application, there appears to be no basis for denial of the permit, the city manager shall notify the applicant that it may continue to phase two in the application process.
(iii) 
If the application is incomplete, or remains incomplete upon the expiration of any extension, the city manager may deny the application on that ground. If the city manager denies the phase one application, pursuant to the provisions of this section, written notice of denial shall be served on the applicant. Notwithstanding any provisions of this code to the contrary, the decision of the city manager shall be final and not subject to administrative appeal.
(2) 
Phase Two Applications for Retail/Dispensary Cannabis Business License.
(a) 
If the city manager notifies the applicant that it may continue to phase two in the application process, the applicant shall file a phase two application with the city manager's office, that includes the following:
(i) 
A nonrefundable phase two license application fee in an amount established by resolution of the city council in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's phase two license application. The phase two license application fee shall be in addition to any other fee imposed by this code.
(ii) 
Security Plan. A description and documentation of how the applicant will secure the premises 24 hours per day, seven days per week, and how waste derived from any cannabis commercial activity will be disposed of in a manner to ensure it may not be utilized for unlawful purposes. The security plan shall include, but is not limited to, the following:
(A) 
Preventing individuals from remaining on the premises if they are not engaged in activity expressly related to the operations of the cannabis activity;
(B) 
Establishing limited access areas accessible only to authorized personnel including security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products;
(C) 
Storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes, samples, immediate sale, if applicable;
(D) 
Providing tamper-proof and tamper-evident packaging for finished cannabis product;
(E) 
Preventing off-site impacts to adjoining or near properties; and
(F) 
Limiting the amount of cash on the premises.
(iii) 
Floor Plan. A scaled floor plan for each level of the entire building showing the interior configuration of the building, including a statement of the total floor area occupied by the business. The floor plan must include entrances, exits, restrooms, waiting area, office space, storage, and area for the sale of cannabis to customers. The floor plan must be professionally prepared by a licensed civil engineer or architect.
(iv) 
Site Plan. A scaled site plan of the parcel of real property on which the business building is located, including the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel. The site plan must be professionally prepared by a licensed civil engineer or architect.
(v) 
Accessibility Evaluation. A written evaluation of accessibility by the physically disabled to and within the building and identification of any planned accessibility improvements to comply with all state and federal disability access laws, including, but not limited to, California Code of Regulations Title 24 and the Americans with Disabilities Act. The evaluation must be professionally prepared by a licensed civil engineer or architect, or Certified Access Specialist ("CASp").
(vi) 
Neighborhood Context Map. An accurate straight-line drawing depicting the boundaries of the business property, the boundaries of all other properties within 1,000 feet of the business property, and the uses of those properties, specifically including, but not limited to, any use identified in the location requirements of the zoning code. The map must be professionally prepared by a licensed civil engineer or architect.
(vii) 
Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.
(viii) 
Zoning Code Compliance. A copy of a valid conditional use permit approved by the city's planning commission for the proposed business location.
(ix) 
A copy of the business's commercial general liability insurance policy and all other insurance policies related to the operation of the business.
(x) 
A copy of the business's annual budget for operations.
(xi) 
A copy of the business's most recent year's financial statement and tax return.
(xii) 
A list of the most recent, or proposed, prices for all products and services provided by the business.
(xiii) 
Consent to entry by a city representative at any time, with or without prior notice and with or without reasonable cause, for the purpose of inspecting the premises and monitoring business operations and confirming compliance with the law and license conditions.
(xiv) 
An affirmation, signed by each business owner and manager, under penalty of perjury, that all sales shall be accurately and faithfully reported to the city of Willows, that other financial information reasonably requested shall be timely provided, that all taxes and fees will be properly calculated and paid as and when due. The applicant shall also consent to the audit of the business's books and financial records at any time deemed necessary by the city of Willows, but not more frequent than once each 180 days.
(xv) 
Applicant's Certification. A statement dated and signed by each owner and manager, under penalty of perjury, that the owner and manager has personal knowledge of the information contained in the phase one and phase two applications, that the information contained therein is true and correct, and that the applications have been completed under their supervision.
(xvi) 
Other Information. Such other information as deemed necessary by the city manager to demonstrate compliance with this code.
(b) 
Review of Phase Two Application.
(i) 
Complete Application.
(A) 
Upon receiving a phase two application, the city manager shall determine whether the application is complete. If the city manager determines that the application is incomplete or has been completed improperly, the city manager shall notify the applicant within 30 days of application submittal. The city manager may grant the applicant an extension up to 10 days to complete the phase two application.
(B) 
An application is not to be considered incomplete for purposes of this subsection (2)(b)(i) if the sole document remaining to be filed is the conditional use permit required to operate a retail/dispensary cannabis business in the city of Willows.
(ii) 
If the phase two application is incomplete, or remains incomplete upon the expiration of any extension, the city manager may deny the application on that ground. If the city manager denies the phase two application for being incomplete, pursuant to the provisions of this section, written notice of denial shall be served on the applicant. Notwithstanding any provisions of this code to the contrary, the decision of the city manager shall be final and not subject to administrative appeal.
(iii) 
The city manager shall notify the applicant that the application is complete if he or she determines that all of the required information has been provided and that the content and accuracy of the submitted documents is responsive to the requirements. The completion date of a phase two application shall be the date when the city manager notifies the applicant that it has received all of the information or materials required. If the conditional use permit is not submitted to the city manager, such notification shall advise the applicant that the otherwise complete application will be held in abeyance pending receipt of the required conditional use permit for a period not to exceed 60 days.
(3) 
Review by City Council.
(a) 
When the city manager has determined that the application is complete, including the issuance of a conditional use permit, the city manager shall have the application placed on the next available meeting agenda of the city council.
(b) 
The city council shall, in its sole discretion:
(i) 
Require any additional information deemed necessary or appropriate for consideration of issuance of the license; or
(ii) 
Deny the application and state the grounds therefor; or
(iii) 
By resolution, vote to issue the license, subject to any reasonable conditions imposed by the city council, upon applicant's payment of the business cannabis license fee established by the city council.
(4) 
The term of an initially-issued retail/dispensary business cannabis license shall be one year.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017; Ord. 745-19 §§ 4, 5, 7-9-2019)
(1) 
An application for renewal of a retail/dispensary cannabis business license, together with all applicable fees, must be submitted to the city manager at least 90 days before the expiration of the then-current license. Failure to submit a renewal application at least 90 days prior to the expiration date of the then-current license will result in the automatic expiration of the license on the expiration date.
(2) 
Renewal applications shall update and correct any such information provided in the initial phase one and phase two applications that is no longer correct, as well as an affirmation by the business owners and managers, made under penalty of perjury, that all of the information, as corrected, is accurate and correct.
(3) 
The city manager shall compile such information and documents, as well as any information pertaining to the licensee's business operations which may reasonably affect a determination regarding renewal of the business license.
(4) 
The city manager shall place the renewal application, together with all relevant information and documentation, on a city council agenda approximately 30 days prior to the expiration of the then-current license.
(5) 
The city council shall, in its sole discretion:
(a) 
Require any additional information deemed necessary or appropriate for consideration of the renewal of the license; or
(b) 
Deny the renewal application and state the grounds therefor; or
(c) 
By resolution, vote to renew the license, subject to any reasonable conditions imposed by the city council, upon applicant's payment of the then-current business cannabis license fee.
(6) 
The term of a renewed retail/dispensary cannabis license shall be two years, subject to the payment of the business cannabis license fee for each year, in the amount current at the time of the commencement of each year.
(7) 
License renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations in place at the time of initial issuance, and may require the submittal of additional information to ensure that the new standards are met. No person shall have any entitlement or vested right to receive a permit under this article.
(8) 
The city of Willows, its council members, managers, employees, attorneys, agents and representatives shall have no liability for any lost profits, costs, expenses, damages, or relocation or demobilization costs, or other claims of any kind claimed to have been suffered as the result of the denial or nonrenewal of any application for a retail/dispensary cannabis business license.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
A retail/dispensary cannabis business license is nontransferable to another person, entity or location, and no such transfer may be made except in accordance with this section. Any such transfer made without the prior consent of the city of Willows shall result in the revocation of the license. Any change in ownership of five percent or more, singly or cumulatively, shall be considered a "change in ownership" and constitute a "transfer" for purposes of this section.
(2) 
Any requested transfer of an interest in a retail/dispensary cannabis business license as a result of a change in ownership shall require the submittal of all of the information regarding the proposed transferee(s) contained in a phase one application, pursuant to WMC § 9.20.071. In addition, all such proposed transferees shall execute those consents and affirmations required in WMC § 9.20.071.
(3) 
Any requested transfer of a retail/dispensary cannabis business license to another location shall require the submittal of all of the information required in phase one and phase two applications pursuant to WMC § 9.20.071. Any licensee conducting any cannabis business at a location other than as licensed by the city of Willows shall have his/her/its license immediately revoked.
(4) 
Any modification of a licensee's business operations or to the premises to which the license has been issued shall require the submittal of all information identifying and describing the existing operation or premises affected by the proposed change, together with all proposed changes.
(5) 
The city manager shall place the transfer/modification application, together with all relevant information and documentation, on a city council agenda within 30 days after receiving such complete application.
(6) 
The city council shall, in its sole discretion:
(a) 
Require any additional information deemed necessary or appropriate for consideration of the transfer or modification of the license; or
(b) 
Deny the transfer/modification application and state the grounds therefor; or
(c) 
By resolution, vote to approve the transfer or modification of the license, subject to any reasonable conditions imposed by the city council including, but not limited to, a requirement that the applicant pay all expenses incurred by the city in processing such application, in addition to payment of the business cannabis license transfer/modification fee and, if the license is transferred to a new business location, the payment of an additional business cannabis license fee.
(7) 
Every such application for a transfer or modification of a retail/dispensary cannabis business license shall be accompanied by the payment of a transfer or modification fee established by the city council in an amount reasonably calculated to reimburse the city for costs and expenses incurred in processing such transfer or modification application.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
For retail/dispensary cannabis business licenses the city council shall establish by resolution:
(a) 
A phase one application fee in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's phase one license application.
(b) 
A phase two application fee in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's phase two license application.
(c) 
A cannabis business license fee, payable annually, authorizing the licensee to engage in the business of sales of cannabis and cannabis products in the city of Willows.
(d) 
A retail/dispensary cannabis business license renewal application fee in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's license renewal application.
(e) 
A retail/dispensary cannabis business license transfer/modification application fee in an amount reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, fully burdened staff time in processing applicant's application for the transfer or application of a retail/dispensary cannabis business license.
(f) 
An appeal fee in an amount reasonably calculated to pay the full cost of an appeal of the denial/disapproval of an application for a retail/dispensary cannabis business license, or renewal thereof, or the revocation or suspension of any such license, including but not limited to all staff and management time, legal fees, hearing officer fees, document and record fees, and other associated costs and expenses.
(g) 
A cannabis business regulatory fee reasonably calculated to reimburse the city for costs and expenses incurred including, but not limited to, issuance of licenses and maintenance of records, monitoring and inspections, preparation and submittal of reports, collection of and accounting for fees and other monies due the city, auditing, legal expenses, enforcement actions, and other anticipated costs and expenses directly or indirectly related to the licensee's sales of cannabis and cannabis products in the city of Willows. Such fee shall be due and payable prior to the commencement of business. This cannabis business regulatory fee shall be reviewed and revised at the commencement of each license year and shall be payable at the commencement of each license year.
(h) 
The fees set forth above shall be in addition to any other fee and/or tax imposed by this code or law.
(2) 
The city council may, by resolution, adjust any fee required herein at any time, which adjustment shall be effective on the date of the council's adoption of the resolution.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017; Ord. 745-19 § 5, 7-9-2019)
(1) 
Incomplete Application. If the license application is incomplete, or remains incomplete upon the expiration of any extension, the city manager may deny the retail/dispensary cannabis business license application or renewal thereof on that ground. If the city manager denies the application, written notice of denial shall be served on the applicant. Such service shall be deemed complete two days following its deposit in the U.S. mail. Notwithstanding any provisions of this code to the contrary, the decision of the city manager shall be final and not subject to administrative appeal.
(2) 
Suspension or Revocation of License.
(a) 
If the city manager deems, based on all available facts and circumstances, that continuation of the licensee's retail/dispensary cannabis business license will cause a significant threat to the health, safety or welfare of the public, the city manager may suspend or revoke the license and all rights and privileges thereunder.
(b) 
The city manager shall give notice to the licensee of his or her intent to suspend or revoke the license, together with the grounds therefor, in the manner set forth in subsection (1) of this section, and provide the city clerk with a copy of the notice.
(c) 
In the event of a suspension of a retail/dispensary cannabis business license, the city manager shall include in the notice of suspension the ground(s) therefor, the action necessary to cure or correct such ground(s), and provide the licensee a time limit to make such cure or correction. Failure to effect such cure or correction within the time provided, or any extension granted by the city manager, shall cause the revocation of the license.
(d) 
In the event of suspension or revocation of retail/dispensary cannabis business license, the licensee shall immediately cease operations.
(3) 
Grounds for Denial of Application, License Renewal, or Suspension or Revocation of License. The granting of a retail/dispensary cannabis business license, or a renewal thereof, may be disapproved, and an existing license revoked or suspended if:
(a) 
The applicant or licensee has knowingly made a false statement in the application or in any reports or other documents furnished to the city of Willows.
(b) 
The owner of the business premises withholds or revokes consent for the sale of cannabis and cannabis products on the premises.
(c) 
The licensee has violated the terms of this code or California law relating to the conduct of commercial cannabis activities.
(d) 
Revocation or suspension of the required state-issued license.
(e) 
The licensee failed to properly and truthfully report sales of cannabis and cannabis products, and/or failed to pay all fees and taxes in full as and when due.
(f) 
The licensee has engaged in the sale or distribution of cannabis or cannabis products in a location other than the licensed premises.
(g) 
The licensee has engaged in or permitted the sale or distribution of other controlled substances on or from the premises.
(h) 
Excessive traffic, neighborhood and/or law enforcement activity at the location of the applicant's or licensee's business premises.
(i) 
The licensee's failure to maintain the premises in a secure manner and/or to protect the safety and security of employees and customers.
(j) 
The granting or renewing of the license would perpetuate or encourage any of the following:
(i) 
Engaging in the illegal sale or distribution of cannabis or cannabis products or other controlled substances;
(ii) 
Providing cannabis or cannabis products to minors;
(iii) 
Diversion of cannabis or cannabis products to jurisdictions outside of the state where cannabis and cannabis products are unlawful under state or local law;
(iv) 
Trafficking of other illegal drugs or facilitation of other illegal activity;
(v) 
Violence and the use of firearms in the sale or distribution of cannabis and cannabis products;
(vi) 
The applicant or licensee or a cannabis business owner has been sanctioned by a licensing authority or other city or county for unauthorized commercial cannabis activity;
(vii) 
The applicant or licensee violates any provision of the MCRSA, AUMA, this article or any other permits issued by the city for the cannabis activity.
(k) 
The cannabis business owner has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the cannabis business for which the application is made, which includes but is not limited to:
(i) 
A violent felony conviction, as specified in Penal Code Section 667.5(c).
(ii) 
A serious felony conviction, as specified in Penal Code Section 1192.7.
(iii) 
A felony conviction involving fraud, deceit or embezzlement.
(iv) 
A felony conviction for drug trafficking with an enhancement pursuant to Health and Safety Code Section 11370.4 or 113798.
(v) 
A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(l) 
Except as provided in subsection (3)(k) of this section, an application for a permit shall not be denied if the sole ground for denial is based upon a prior conviction of California Health and Safety Code Section 11357. An application for a permit also shall not be denied if the state would be prohibited from denying a license pursuant to either California Business and Professions Code Section 26057(b)(5) or Section 26059. Conviction of any controlled substance felony subsequent to permit issuance shall be grounds for revocation of a permit or denial of the renewal of a permit.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Within 15 days after the city manager serves notification of disapproval of the application for a retail/dispensary cannabis business license, or renewal thereof, of the revocation or suspension of an existing license for any reason other than incomplete applications, an applicant may appeal the disapproval, revocation or suspension by notifying the city clerk in writing of the appeal, the reasons for the appeal, and depositing all applicable fees and costs associated with the appeal. The appellant shall be required to pay all fees and costs associated with any such appeal.
(2) 
The city clerk shall set a hearing on the appeal and shall fix a date and time certain, within 30 days after the receipt of the applicant's or licensee's appeal, unless the city and the applicant agree to a longer time, to consider the appeal. The city clerk shall provide notice of the date, time and place of hearing, at least seven days prior to the date of the hearing.
(3) 
The city attorney shall appoint a hearing officer to hear the appeal and determine the order of procedure, and rule on all objections to admissibility of evidence. The applicant and the city manager, or his designee, shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all evidence shall be admissible which is of the kind that reasonably prudent persons rely upon in making decisions.
(4) 
The hearing officer shall issue a written decision within 15 days after the close of the hearing. The decision of the hearing officer shall be final.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
(1) 
Prior to commencing business operations pursuant to a cannabis retail/dispensary business license issued by the city of Willows, the applicant shall hold a certificate of authorization issued by the city of Willows. Certificates of authorization shall be issued only to applicants who hold (a) a retail/dispensary cannabis sales license issued by the city of Willows, (b) a use permit issued by the city of Willows planning commission, and (c) California state-issued A-license and/or M-license.
(2) 
Hours of Operation. All permitted retail/dispensary cannabis business premises shall be closed to the general public and transporter deliveries and pick-ups shall be prohibited between the hours of 7:00 p.m. and 8:00 a.m.
(3) 
Odor Control. Odors shall be contained on the property on which the commercial cannabis activity is located. If the city receives any odor complaints, the cannabis business shall work with the building official or his designee to correct odor concerns. Unresolved or repeated odor complaints may be basis for suspension or revocation of the license or denial of license renewal.
(4) 
Minors. Licensees shall ensure that no person less than 21 years of age is permitted to work as an employee, to purchase cannabis or cannabis products, or to be on the premises of the licensee at any time.
(5) 
Business Conducted within Building. No production, distribution, storage, display or wholesale of cannabis and cannabis-infused products shall be visible from the exterior of the building where the commercial cannabis activity is being conducted.
(6) 
Security Measures. Every cannabis business shall maintain a commercial burglar alarm monitoring system, and install a video surveillance system.
(7) 
Security Breach. A cannabis business shall notify the city and the Glenn County sheriff's office within 24 hours after discovering any of the following:
(a) 
Diversion, theft, loss, or any criminal activity involving the cannabis or cannabis product or any agent or employee of the permittee.
(b) 
The loss or unauthorized alteration of records related to cannabis or cannabis product, registered qualifying patients, primary caregivers or employees or agents.
(c) 
Significant discrepancies identified during inventory.
(d) 
Any other material breach of security.
(8) 
Labeling and Packages. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling and packaging requirements. Until such regulations are adopted by the federal and/or state authorities, as a condition of license issuance, the city manager may impose labeling and packaging requirements to protect the public safety, health and welfare of the citizens of the city of Willows.
(9) 
Inspection Records. Inspections, if necessary, shall take place at a reasonable time with prior notice to the cannabis business. Notwithstanding the foregoing, upon reasonable suspicion of a material violation of the law or the provisions of this code or the conditions of a license, inspections may be made at any time, with or without prior notice. Upon request, the cannabis business shall timely provide the city official with reports and records related to the business including, but not limited to, sales reports, utility bills from the commercial energy provider for the premises. This section shall not limit any inspection authorized under any other provision of law or regulation.
(10) 
In addition to a retail/dispensary cannabis business license, obtain and maintain a business license from the city of Willows.
(11) 
Maintain at all times commercial general liability insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury with limits of not less than $1,000,000 per occurrence and comprehensive automobile liability (owned, nonowned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than $1,000,000. The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall specify that insurance coverage afforded to the city shall be primary, and shall name the city of Willows, its officials, employees and attorneys as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the license immediately, and ultimately, revocation.
(12) 
By accepting the license, each licensee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law the city of Willows, its officers, employees, attorneys, agents and consultants from and against any and all actual and alleged damages, claims, liabilities, costs (including attorney's fees), suits or other expenses resulting from and arising out of or in connection with licensee's operations, except such liability caused by the gross negligence or willful misconduct of city of Willows, its officers, employees, attorneys, agents and consultants.
(13) 
Maintain for a minimum of three years a written accounting or ledger of all cash, receipts, credit card and other financial transactions, and reimbursements (including any in-kind contributions) as well as records of all operational expenditures and costs incurred by the licensee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the city, its auditors or consultants during business hours for inspection upon reasonable notice by the city manager and for purposes of audit.
(14) 
Inform the city manager, in writing, of any change of or to any of the information submitted to the city in phase one and phase two applications, any renewal application, or any amendments thereto, within 10 days of any such change including, but not limited to, any change in ownership of five percent or more in a single transaction or cumulatively.
(15) 
Notify the city manager within three days of any notices of violations or other corrective action ordered by a state or other local licensing authority, and provide copies of the relevant documents.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017; Ord. 745-19 § 6, 7-9-2019)