Local Cannabis Business Licensing
No. Personal Use means the cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with State law.
The following cannabis activities are exempt from needing a cannabis business license:
- Possession, processing, storage, transportation, or donation of not more than 28.5 grams of cannabis or not more than eight grams of concentrated cannabis by persons 21 years of age or older.
- Cultivation in a legally established, secure dwelling or an enclosed, legally established, secure building that is accessory to a dwelling of up to six cannabis plants by persons 21 years of age or older as allowed pursuant to Health and Safety Code Section 11362.1(a), as may be amended, and as allowed by the County Land Use and Development Code Section 35.42.075, Montecito Land Use and Development Code Section 35.422.055, and Coastal Zoning Ordinance Section 35-144U, as may be amended.
- Legal nonconforming medical marijuana cultivation sites established by County Code Section 35-1003, until they are terminated, pursuant to County Code Section 35-1003.C, as may be amended.
Yes. Commercial cannabis activity is, recreational or medicinal, including the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and/or cannabis products as provided in this Chapter 50 of the County Code.
A Cannabis Business License is required before the start of a cannabis business or, if the business is in operation and a license possessed, prior to the expiration of such license.
It is unlawful for any person to conduct, engage in, or allow to be conducted or engaged in a commercial cannabis activity in the unincorporated area of the County, unless the County has issued such person a business license under Chapter 50 of the County Code and the license is in effect.
Any person who seeks or obtains the following State licenses is also required to obtain the corresponding Santa Barbara County Cannabis Business Licenses as identified below:
|State License Types*||Santa Barbara County Cannabis Business License Required|
|Cultivation Licenses - Type 1, 1A, 1B, 1C, 2, 2A, 2B, 3, 3A, 3B, 5, 5A, 5B & Processor||Cultivator|
|Cultivation Licenses- Type 4||Nursery|
|Manufacturing – Type 6 & 7, N (edibles/topical) & P (packaging)||Manufacturer|
|Testing – Type 8||Testing|
|Retailer – Type 9 & 10||Retailer|
|Distributor – Type 11||Distributor|
|Microbusiness – Type 12||Microbusiness|
* Pursuant to Business and Professions Code § 26050, as may be amended.
Failure to possess, or operating without, a valid cannabis business licenses for each and every cannabis operation as required by Section 50-3 of the County Code, unless exempted in Section 50-5 County Code, is a misdemeanor.
No. A Cannabis Business License is issued to and covers only the licensee(s) identified on the cannabis business license and only the premises identified on the cannabis business license. A Cannabis Business License is not transferable and automatically terminates upon transfer or change of ownership pursuant to Section 50-23 of the County Code. A Cannabis Business License does not run with the land.
First, you need to have a County land use or conditional use permit.
Second, complete a County Cannabis Business License Application (coming soon) and compile the required documents.Third, submit the entire package to the County Executive Office at 105 E. Anapamu Street, Suite 406, Santa Barbara, CA 93101 with your Cannabis Application Fee deposit of $3,250. The County Treasurer has only authorized check and money order payments for cannabis related business licenses. Any check or money order used to pay for cannabis related licensing must clearly include the payer's information (particularly on money orders). Cash payments will not be accepted at this time.
First, you need to have a County land use or conditional use permit
Second, complete the Cannabis Business License Application (coming soon) and compile the required documents.Third, submit the entire package to the County Executive Office at 105 E. Anapamu Street, Suite 406, Santa Barbara, CA 93101 with your Cannabis Application Fee deposit of $3,250. The County Treasurer has only authorized check and money order payments for cannabis related business licenses. Any check or money order used to pay for cannabis related licensing must clearly include the payer's information (particularly on money orders). Cash payments will not be accepted at this time.
First, you need to participate in the Cannabis Zoning Review process.
Second, you need to acquire a County land use or conditional use permit.
Third, complete the Cannabis Business License Application (coming soon) and compile the needed attachments.
Fourth, submit the entire package to the County Executive Office at 105 E. Anapamu Street, Suite 406, Santa Barbara, CA 93101 with your Cannabis Application Fee deposit of $3,250. The County Treasurer has only authorized check and money order payments for cannabis related business licenses. Any check or money order used to pay for cannabis related licensing must clearly include the payer's information (particularly on money orders). Cash payments will not be accepted at this time.
All cannabis business licenses shall be valid for one (1) year from the date of issuance by the Treasurer-Tax Collector, unless suspended or revoked by the County pursuant to Section 50-27 of the Santa Barbara County Code.
The Cannabis Business License Application Fee deposit is $3,250. As county staff reviews your application, they will charge their hourly rate against that deposit. The deposit was set at about 80% of the time estimated to complete the application review. If the operation and application is complex it may take more time, so we may be invoiced for the additional hours. If it is simple, you may receive a refund. This deposit fee is only charged once for each application.
After an application is approved, the new licensee will pay a Cannabis Business License fee of $2,500. This is for the first year only. It includes the costs of providing the actual license and the compliance review work, including site visits, over the first year of licensing. Again, it is a deposit, so we will only bill actual hours against that deposit.
At the end of the first year, the Cannabis Business License Renewal Fee deposit is $3,600. This will include the processing costs of the renewal plus the compliance review over the subsequent years that the license remains active. Again it is a deposit, so we will only bill actual hours against that deposit. This Renewal Fee would be ongoing annually as long as the license remains in effect. If a license is revoked for noncompliance, the Renewal Fee deposit will not be refunded.
Most likely, you will provide the State of California with a copy of your Santa Barbara County Cannabis Business License to support your application or renewal of your annual State cannabis license.
Yes, in two cases.
Cannabis storefront retail licenses are limited to eight countywide, with no more than two in any supervisorial district. There will be a pre-qualification process and random selection process conducted to establish a list of eligible storefront cannabis retail operations in each district. In order, eligible operators will have the chance to complete their permitting and licensing applications.
Cannabis cultivation is limited in the Carpinteria Valley to a total of 186 acres. If the cap is achieved and whenever five acres become available, then the same pre-qualification and random selection process would be implemented for cultivation licenses in the Carpinteria Valley area.More details are available in Section 50-7 of the County Code.
Any application for a cannabis business license may be denied based on any of the following criteria:
- Any grounds for denial listed in Section 22-55, 22-56 or 22-57 of the Santa Barbara County Code;
- Knowingly, willfully or negligently made a false statement of material fact or omitted a material fact from the application;
- Any Applicant, owner, person having at least a 20% financial interest, manager, supervisor or employee has been convicted of a felony or other crime as set forth in Business and Professions Code section 26057, as may be amended and was not approved by the Sheriff;
- Operations, energy conservation, equipment, inventory control, quality control, security waste management or cultivation plans, or other information in the application are determined to be insufficient to maintain the health, safety and general welfare of employees or the public or fail to comply State law or the County Code by staff from the Agricultural Commissioner, Fire, Planning and Development, Public Health or Sheriff's departments;
- Failure to obtain and/or maintain a valid seller's permit required pursuant to the Revenue and Taxation Code, as may be amended;
- Proposed cannabis operation does not comply with the provisions of this Chapter 50 or Chapter 50A or State law;
- Have not received all necessary land use entitlements as required by Chapter 35, Zoning, of the Santa Barbara County Code;
- Denial a license to engage in commercial cannabis activity by a State licensing authority;
- Proposal exceeds the limitations or has not complied with the selection process established in Section 50-7 of the County Code;
- Denial of the County access to the premises to conduct an inspection; or
- Failure to pay County taxes, license or permitting fees.
Any of the following shall be grounds for suspension or revocation of a cannabis business license, based on substantial evidence and following notice and the procedure in Section 50-27 of the County Code:
- Failure to comply with one or more of the terms and conditions of the cannabis business license;
- The cannabis business license was granted on the basis of false material information, written or oral, given knowingly, willfully or negligently by the applicant;
- Any act or omission by a licensee in contravention of the provisions of Chapter 50 of the County Code;
- Any act or omission by a licensee in contravention of State law or the Santa Barbara County Code;
- Any act or omission by a licensee that results in the suspension or revocation of the applicable land use entitlement/permit issued under Chapter 35, Zoning, of the Santa Barbara County Code for the commercial cannabis activities;
- Any act or omission by a licensee that results in the denial, revocation or suspension of that licensee's State license;
- Failure to pay, or engaging in falsely reporting of, State or County taxes on commercial cannabis activity;
- Any of grounds for revocation listed in Section 22-59 of the Santa Barbara County Code;
- Failure to meet corrective action plans issued by County Department(s) cited in this Chapter; and
- Engaging in conduct that constitutes a nuisance, where the licensee has failed to abate the nuisance.
Planning and Permitting
|Lot Size(acres)||Threshold for Development Plan|
|Less than 40||20,000 square feet|
|40 to less than 100||25,000 square feet|
|100 to less than 200||30,000 square feet|
|200 to less than 320||40,000 square feet|
|320 or more||50,000 square feet|
- Lighting should only be on when needed – motion sensor activation
- Only light the area that needs lighting
- Be no brighter than necessary
- Be fully shielded and pointed downward
- All fencing and/or walls must be made of materials that blend into the surroundings and minimize visual impacts.
- Razor wire, tarps, dust guard fencing, privacy netting or polyethylene plastic are not allowed.
- Fences shall include lockable gates that are locked at all times (except during ingress/egress).
- If a fence could affect a wildlife habitat area, additional regulations apply.
- "No climb" fencing may be desirable
No, except for medical marijuana cultivation for personal medical use. Specifically, Subsection 35-1003.A of the Medical Marijuana Regulations states:
Medical Marijuana Cultivation Prohibited. Except for the limited exemptions in subsections A.l and A.2, below, medical marijuana cultivation is prohibited in all zones, districts, properties, and areas within the unincorporated areas of Santa Barbara County. Subsection 35-1003.A.1 of the Medical Marijuana Regulations may allow a qualified patient or person with an identification card, or that patient's or person's primary caregiver to cultivate medical marijuana for personal medical use. Please see question #4 below for additional details.
Subsection 35-1003.A.2 may provide an exemption for medical marijuana sites that existed on January 19, 2016. Please see question #5 below for additional information on this exemption.
Yes, subject to specific conditions and terms. In particular, Subsection 35-1003.A.1 of the Medical Marijuana Regulations states:
Medical Marijuana Cultivation for Personal Medical Use Exemption. A qualified patient or person with an identification card or that patient's or person's primary caregiver is allowed to engage in indoor or outdoor medical marijuana cultivation for personal medical use providedâ€¦
Subsections 35-1003.A.1.a through A.1.e list the following five conditions that apply to medical marijuana cultivation for personal medical use:
- The cultivation occurs on the lot that contains the lawful residential structure occupied by the qualified patient or person with an identification card; and
- The cultivation occurs on a single cultivation site that does not exceed one hundred square feet; and
- The cultivation conforms to all applicable zoning regulations and current California and county building codes; and
- The qualified patient or person with an identification card does not sell, distribute, donate, or provide marijuana to any other person or entity; and
- The primary caregiver does not sell, distribute, donate, or provide marijuana to any other person or entity for which they are not acting as the primary caregiver in accordance with the Medical Marijuana Regulation and Safety Act.
In addition, medical marijuana cultivation must also comply with the definitions of key terms in Section 35-1002, Definitions, which include but are not limited to "qualified patient," "person with an identification card," and "primary caregiver."
No, provided the legal medical marijuana cultivation site existed on January 19, 2016 pursuant to Subsection 35-1003.A.2 of the Medical Marijuana Regulations. The limited exemption in Subsection 35-1003.A.2 states:
Legal Nonconforming Uses Exemption. Medical marijuana cultivation locations already existing on January 19, 2016, if they are legal under California state law; these would become legal nonconforming uses.
Marijuana cultivation sites that existed on January 19, 2016 may continue if they were legal under California state law. Such uses would become legal nonconforming uses. The County zoning ordinances prohibit the expansion or other changes to legal nonconforming uses.
According to Subsection 35-1003.A.2 of the Medical Marijuana Regulations: Legal Nonconforming Uses Exemption. Medical marijuana cultivation locations already existing on January 19, 2016, if they are legal under California state law; these would become legal nonconforming uses.
The following list includes examples of applicable state law, including but not limited to the Compassionate Use Act, the Medical Marijuana Program Act, and the Medical Marijuana Regulation and Safety Act:
The medical marijuana cultivation location is not located within a 600-foot radius of a school. [Health and Safety Code Section 11362.768(b)]
The medical marijuana cultivation location complies with local laws, including for example, but not limited to, zoning, building, grading, and water requirements. [California Health and Safety Code Section 11362.769 and 11362.777(b)(3); Business and Professions Code Section 19322(a)(2)]
The medical marijuana cultivation is not a for profit business/organization. [Health and Safety Code Section 11362.765(a)]
The owner/operator of the medical marijuana cultivation location has a caregiver relationship with qualified patients and/or their primary caregivers. [Health and Safety Code Section 11362.5(d)]
The quantity of medical marijuana cultivated complies with the amounts specified in Health and Safety Code Section 11362.77(a) and (b).
Information on submitted land use entitlement applications may be located within the Planning & Development Department report found here: Cannabis Land Use Entitlement Report
Information on cannabis cultivation acreage applied for via land use entitlement applications may be located within the Planning & Development Department report found here: Cannabis Cultivation Acreage Report
Cannabis Operations Tax
- Nursery: 1% of gross receipts; and
- Distributor (excluding Distributor Transport Only): 1% of gross receipts; and
- Manufacturing: 3% of gross receipts; and
- Cultivation: 4% of gross receipts; and
- Retail: 6% of gross receipts; and
- Microbusiness: 6% of gross receipts.
In addition to the above rates, the number of cannabis units or cannabis products sold/transferred must be tracked and reported quarterly by the cannabis operator.
"Gross Receipts," means the total amount actually received or receivable from all sales and transfers; the total amount of compensation actually received or receivable for all the performance of any act or service. "Gross Receipts" subject to the cannabis operations tax shall be that portion of gross receipts relating to business conducted within the unincorporated area of the County.
The County's taxes on cannabis operations shall be paid on transfers between each operation (Nursery, Distributor, Manufacturing, Cultivation, Retail & Microbusiness) regardless of whether the activity is undertaken individually, collectively, or cooperatively, and regardless of whether the activity is for compensation or gratuitous.
For more detailed information please review the definition of "Gross Receipts" in County Ordinance 5026, Chapter 50A, Section 50A-3
Any operation that fails to remit payment by 5pm on the last day of the reporting month will be assessed a 10% delinquency amount on the tax amount.
Any operation that fails to remit payment for past due taxes on or before a period of 30 days following the first delinquency will be assessed a second delinquency amount of 10% on the original tax amount.
In addition to the delinquency amount(s) there is also interest charged on the original tax amount at a rate of 0.5% per month that will be added to the amount owed.
This Taxation FAQ does not address any state or federal taxes that may also be applicable.
Treasurer-Tax Collector's Contact Information:
Address:County Administration Building
105 E Anapamu St., Rm 109
Santa Barbara, CA 93101
Phone Number: (805) 568-2920
State Licensing FAQs
Community Engagement FAQs
Community Plans are adopted as amendments to the Land Use Element and/or Coastal Land Use Plan (if applicable area is within the coastal zone) and are often used by cities and counties to plan the future of a particular area at a finer level of detail. A community plan is a portion of the Land Use Element or Coastal Land Use Plan focusing on the issues pertinent to a particular area within the city or county. These documents supplement and must be consistent with the policies of the Comprehensive Plan. Development of Community and Specific Plans is not mandatory.
Santa Barbara County has a total of 10 Community/Area Plans. Each Community Plan contains goals, policies and standards guiding development of the community it serves. Information on the County's 10 Community Plans can be found at http://www.countyofsb.org/plndev/policy/communityplans.sbc
According to Santa Barbara County Code, Chapter 50 – Licensing of Cannabis Operations, Section 50-7, accepted applications will be scored and ranked by Community Plan Area based on the criteria established in the County Code using the scoresheets approved by the Board of Supervisors on August 18, 2020.
Each accepted application will be scored based on the submittal elements listed in the scoresheet. Scored submittal elements will be weighted as 25% based on the general application and 75% based on the Business Operations Proposal. Each accepted application must receive a score of 85% or greater to be considered a qualified application. Each qualified application will then be ranked. Ranking shall be weighted as follows: 10% based on the application as a whole and 90% based on the Neighborhood Compatibility Proposal. The highest ranked qualified applicant in each community plan area, as provided in Section 50-7, may then apply for a land use entitlement.
The County will only accept one application per person, per proposed operation location. Each project and/or project site may have unique circumstances. For specific questions, please send an email to email@example.com.
The 750-foot perimeter depicts the requirements in the Santa Barbara County Land Use and Development Code as follows:
"The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures."
The purpose of the map is for informational purposes only as it relates to planning and development and not intended to depict any and all restrictions or regulations that may apply to specific uses or activities that may occur.
Retail Application FAQs
I understand that only one application will be accepted per person, per location, but can multiple companies submit an application for the same property? For instance, if one location is particularly good and has ample parking and is the right size, can the owner enter into agreements with more than 1 company with the understanding that only 1 will win?
Only one application will be accepted for a given street address, and if multiple units exist at the stated street address, a unique suite number must be identified for each application submitted.
If selected to apply for a land use entitlement and business license, applicants may not make significant changes to information, proposals, goals, the Business Operations or Neighborhood Compatibility Plans submitted as part of the selection process. Any proposed modifications will be reviewed by County staff on a case-by-case basis and a determination will be made regarding whether the proposed modification is acceptable, or not.
Margins, on all sides of the document, shall equal no less than one inch.
Yes, all pages of the application, including all attachments (A1-19 and B1-6), must be submitted. While all nine pages of the application must be submitted, pages 1-2 will not count towards the 150-page limit.ANSWER
Any submitted Lease Agreements and/or Labor Peace Agreements will be counted towards the 150-page limit. As these can be lengthy documents, applicants only need to submit the relevant pages of these documents to show that they are valid, legally binding and relevant to the proposed project.
Applicants may submit the full Lease Agreement, or the relevant portions of the Lease Agreement that prove the applicant is in a current and legally binding contract to operate a cannabis business at the proposed location. This includes pages of the agreement with the applicants' name(s), the proposed location, term of the lease, and signatures of both the lessee and lessor. This is in addition to completing the Authority to Operate form in attachment A18.
Similar to the Lease Agreement, the applicant may provide the full Labor Peace Agreement, or the relevant portions of the Labor Peace Agreement that prove a current and legally binding agreement is in place for the proposed cannabis retail operation, or an affidavit that a Labor Peace Agreement is in place or will be in place in the applicable timeframe, or other documentation proving that negotiation for Labor Peace Agreement has commenced, etc.
Applications must be submitted electronically through a Box account that will be established on the County's cannabis website ( cannabis.countyofsb.org/retail.sbc) for the duration of the submittal period. The complete application with all attachments (A1-19 and B1-6) should be submitted together in a single folder (i.e. a zip file). Within that folder, as outlined in the application, individual attachments should be named according to the naming convention outlined in that section.
In section 'A3- Applicant Cannabis Experience in Santa Barbara County' no reference is made to evidence of the applicant's State or National experience. Will top marks go to the applicant with the most Santa Barbara County experience or will California and National experience be factored into this section?
Section A3 asks specifically about an applicant's cannabis experience in Santa Barbara County, and therefore, the highest scores will be given to applicants with significant experience with licensed cannabis operations within Santa Barbara County. Section A2 asks applicants to detail their experience with cannabis operations at the State and National levels. Please review the business operations proposal scoresheet and required Attachments A2 and A3 for more details: Business Operations Proposal Scoresheet
As Supply Chain Support is discussed in section A12, the mention of it in section A10 will be removed. The updated version of the application will be available on the County's cannabis website on 10/27/20.
In section 'A12 – Local Supply Chain Support', what is the County's definition of Supply Chain Support? Is it limited to direct product sourcing from cultivators/brands in the county or will distribution channels and Lab Testing be taken in to account? Is this in reference to supply chain support for products? Or does this mean supply chain support for fulfilling the employment goals?
The County's definition of Supply Chain Support is: all components of the supply chain, i.e. nursery operations, cultivators, distributors, manufacturing, testing. The supply chain begins with cannabis seeds, ends with the final sale to the consumer, and encompasses all steps in between. This does not deal with local employment goals, which are addressed in section A10.
Yes, a succinct narrative plan will suffice.
A representative list with top products in each category will be accepted. However, each category of products proposed to be sold must be included in section A1. The updated version of the application will be available on the County's cannabis website on 10/27/20.
The Business Operations Proposal and Neighborhood Compatibility Plan are the two key components of the Cannabis Storefront Retail Selection Application and will be assessed and scored separately. The 150-page limit applies to the application package as a whole, which includes the application form, the Business Operations Proposal and Neighborhood Compatibility Plan.
The County uploaded fillable forms to the website but it seems like there will be an allowance for additional pages to get to 150-page limit? Is there allowed to be any graphic design element or images on those additional pages? Do the actual forms need to be submitted or are those there as a guide?
The forms posted as part of the Cannabis Storefront Retail Selection Application on the County's cannabis website must be used by applicants as part of their application package submittal. Applicants must use each form, and may attach graphic design elements or images within those forms or on additional pages.
Zoning requirements are addressed in the County's zoning ordinances. Please see the following links for applicable requirements: Land Use and Development Code Article II Coastal Zoning Ordinance
The County Code allows for up to 6 storefront retail cannabis locations based on community plan area as follows: "To avoid excessive concentration of storefront retail operations within the County, a maximum of one storefront retail operation may be allowed in each of six community plan areas: 1) Orcutt, 2) Los Alamos, 3) Santa Ynez, 4) Eastern Goleta Valley, 5) Isla Vista/Goleta, and a combined 6) Summerland & Toro Canyonâ€¦" (Santa Barbara County Code § 50-7.) While there are not specific distance requirements included in the County Code between "dispensaries" all cannabis operations will need to comply with State law including, but not limited to Business and Professions Code section 26051(c). For additional requirements, please reference the County's zoning ordinances available at the following link: Land Use and Development Code Article II Coastal Zoning Ordinance
All forms provided by the County must be included in the submitted application for it to be considered complete. If any form exceeds one page or requires attachments, please add pages as necessary and number them appropriately. For example, Form A1: "A1 - Proposed Activities and Products", the applicant would attach the County-provided form, which is pre-numbered. If the narrative requires an additional page, the applicant may attach an additional page, which must be numbered as page 2, as follows: "A1-2", so that both the form number and page number is clearly identified. The next page would be "A1-3", etc. Please be mindful that the overall application page limit is established at 150 pages and will be strictly enforced. Each attachment should be clearly identifiable and should conform to the file naming convention detailed within the application.
Please note we have updated the form to allow for the inclusion of images. Regardless any images may be included either in the form or as attachment.
Yes, all County forms are required, regardless of the submittal method.
Is there a scoring guide for all of the sections in A and B? The scoring sheet provided here http://cannabis.countyofsb.org/uploadedFiles/cannabis/Content/Retail_Meetings/Business%20Operations%20Proposal%20Scoresheet.pdf, does not have 19 sections in Part A as shown on the link here http://cannabis.countyofsb.org/asset.c/171, it only has 17.
The process for scoring applications is included in County Code section 50-7 and outlined in the Business Operations Proposal and Neighborhood Compatibility Plan Scoresheets. Required Forms A1 through A17 corresponds sequentially with the 17 scoring criteria of the Business Operations Proposal. Forms A18 and A19 support the overall application and are required to be submitted in order to constitute a complete application. Failure to submit these forms will result in the application being deemed incomplete. Please see the scoring sheets located at the following links:
Neighborhood Compatibility Scoresheet
Business Operations Proposal Scoresheet
The neighborhood compatibility plan is scored in percentages, with no point values provided as shown here http://cannabis.countyofsb.org/uploadedFiles/cannabis/Content/Retail_Meetings/Neighborhood%20Compatability%20Scoresheet_PostBoard%20Final.pdf. Will there be point values associated with the plan?
The Neighborhood Compatibility Plan will be scored and the applications ranked according to the scoresheet that was approved by the Board of Supervisors.
Applications that successfully comply with the County's submittal standards and that comply with the preliminary zoning and permitting standards will be considered accepted applications. A list of accepted applications, by business name listed on the application, will be posted on the County's website. At the conclusion of the application review and scoring process, the County Executive Office will post the Preliminary Ranked Storefront Retail List of all scored and ranked accepted and qualified applications by each community plan area. Any accepted application will have five (5) business days after the posting of a List on the County's website to file a written scoring protest with the County Executive Office. Following the resolution of any protest, the County Executive Office will create and post on the County's website the Final Ranked Storefront Retail List for each community plan area.
Community engagement meetings for each designated community plan area were hosted by County staff in July 2020 to obtain the community's input on criteria to be included in the Neighborhood Compatibility Proposal. Each top-ranked applicant in each of the six community plan areas that is identified through the application selection process may submit an application to the Planning & Development Department to obtain a land use entitlement. The public may participate in the land use entitlement process, as they would for any other development.
To the extent possible, all documents must comply with the application requirement of no less than a 12 point font. The County will only accept font less than 12 point on any exhibits originating from other sources and submitted to substantiate adherence to any application requirements, including, but not limited to bank statements, financial statements, lease agreements, site plans, etc. Pictures, renderings, and images may be included in the application materials as long as the total application page limit does not exceed 150 pages.
I have a question regarding the cannabis retail storefront selection process application section "A18 – Authority to Operate." This section provides three options to describe the applicant's relationship to the property where the proposed business will be located:
• Property is owned by applicant.
• Property is currently leased by applicant.
• Applicant has a letter of intent to lease the property, signed by the property owner.
In our case, the property is in escrow to purchase. As such, is it acceptable to select the third option and provide a letter of intent to purchase the property, signed by the property owner?
Yes, if a property is in escrow to purchase, it is acceptable to select the third option and provide a letter of intent to purchase the property, signed by the property owner.
Applicants may submit more than one retail storefront application for the same community plan area. However, only one application will be accepted for a given street address, and if multiple units exist at the stated street address, a unique suite number must be identified for each application submitted. If more than one application is received for a given operation location, all applications will be returned to the property owner to indicate which application is the one authorized to operate at the proposed location. If the property owner fails to timely respond to the County, no application(s) will be accepted for the location.
A list of proposed activities and products must be provided in Section A1- Proposed activities and Products. This list must also be provided in Section A15 – Inventory Control Plan, however, in Section A15 the applicant must also address elements such as, how the applicant will receive shipments, store inventory, perform inventory reconciliation (including reconciling on-hand inventory with track and trace database), prevent theft or diversion, etc. The updated version of the application will be available on the County's cannabis website on 10/27/20.
Per the County's instructions in the Retail Application FAQ, application submittal requirements are minimum 12-point font and 1-inch margins. The proof of capitalization that we intend to provide is an account statement from a bank. However, the original account statement is not 12-point font or 1-inch margins. Should the original account statement be submitted as is or should it be altered to meet the formatting requirements?
To the extent possible, all documents must comply with the application requirement of no less than a 12 point font. The County will only accept font less than 12 point on any exhibits originating from other sources and submitted to substantiate adherence to any application requirements, including, but not limited to bank statements, financial statements, lease agreements, site plans, etc.
The application materials indicate that an application may not be accepted if it fails to meet the zoning and permitting standards. I am assuming this includes the separation buffer distances from sensitive uses. However, nowhere in the application guidelines or application materials is there a requirement for a zoning verification letter or an explanation of when this evaluation would take place. Can you confirm that so long as a parcel is zoned appropriately and there are no sensitive receptors on the GIS map at the time of submission that the property is appropriately zoned and not buffered out?
As part of the initial review of submitted applications, the Planning & Development Department will review each application to determine whether each applicant's cannabis operation site preliminarily meets zoning and permitting standards (i.e. that the location for the proposed operation is allowable in the zone and is within one of the six designated community plan areas, that the location meets all setback requirements, etc.).
The application submittal period remains unchanged and will run from 8AM on 11/2/20 through 5PM on 11/9/20 (Pacific Standard Time). The only modifications to the application are being made as a result of FAQS received.
All County forms provided must be used. If additional pages are necessary, the applicant may include additional pages as appropriate, but must comply with the overall application page limit, font requirements, page numbering requirements, margin requirements, and any file naming conventions stated within the application itself. If additional pages are necessary, the applicant may use another blank PDF.
Some clarification on the following would be helpful: "Applicants must use each form and may attach graphic design elements or images within those forms or on additional pages." It is unclear if the form is to be used as page 1 (only) or used to support all the text for content for each section. How does the County want applicants to present the remaining text for each section? For example, if you have 12 pages for section A1, use the form for page 1 and then use pdfs with one-inch margins for the remaining pages of content?
Applicants must use the County-provided forms. If additional page are needed, the applicant may provide additional PDF pages to accommodate the additional content, but all additional pages submitted must comply with all stated application requirements.
Graphic design elements may be used on all attachments submitted. This may include, but is not limited to company logos, graphs, diagrams, etc.
Applicants may submit text or images as necessary to address the County's requirements.
What does the County consider additional pages versus attachments (lease, LPA, etc)? Are additional pages the form used multiple times with the remaining content for each section? Or are additional pages pdfs used to fulfill the rest of the content for each section? Can the additional pages (pdfs) be designed with graphics that display colors and pictures to present the content in a more designed fashion?
Applicants must use each County-provided form. If additional pages are necessary to address a requirement, applicants may attach additional PDF pages. The County-provided form and any additional pages provided by the applicant are considered attachments to the application and are included in the page count. Applicants may include graphic design elements within any attachment. All pages submitted will count toward the 150 page limit.
To form a California corporation, you file Articles of Incorporation with the Secretary of State and pay the appropriate filing fee. Articles of Incorporation formally and legally create your corporation in the state. Once this formation document is processed, you will be able to conduct business in California.
California Certificate of Good Standing is an official certificate of status issued by the California Secretary of State that confirms authorization of corporations, LLC or LLP to undertake business within the state and further confirm that the corporation has fulfilled all annual reporting and tax payment duties the state has imposed. In the course of business you may be asked by another entity such as a bank, lending institution or business partner to provide them with a certificate good standing to show that your business is duly registered within the State and has complied with all required reporting and law.
All applicants must complete and submit the County-provided form titled "A-18 – Authority to Operate" and if the applicant is currently engaged in a lease of a proposed retail storefront location that is the subject of the application, must also include the full Lease Agreement, or the relevant portions of the Lease Agreement that prove the applicant is in a current and legally binding contract to operate a cannabis business at the proposed location. This includes pages of the agreement with the applicants' name(s), the proposed location, term of the lease, and signatures of both the lessee and lessor.
Conduction of background checks via Live Scan are not a requirement of the retail storefront selection process. However, the top-ranked applicant in each of the six community plan areas that are identified through the retail selection process must later apply for a cannabis business license. The County's cannabis business license ordinance and application process requires background checks conducted via Live Scan for all owners, managers, supervisors and persons having at least a 20% financial interest
Section 50-8(b)(1)(ii) provides that a commercial cannabis application should contain the following:
"Name, address and telephone number for all business owners, managers, supervisors, employees, and persons having a ten percent or more financial interest in the commercial cannabis activity that is the subject of the application or, if the applicant is an entity, having a ten percent or more financial interest in the entity."
I am looking for clarification as to the italicized portion. If the applicant is an entity, and that entity applicant's ownership consists of other entities, how would the County like this broken down?
Is it sufficient to list the entities that own 10% or more of the entity applicant?
Or, does the County require a further breakdown to the individuals of those entities owning the entity applicant?
This County interpretation is also needed for Section 50-8(b)(6)(ii) with respect to those who need to undergo a live scan.
As a requirement of the cannabis retail storefront selection process application, please identify all business entities and individuals that hold a financial interest of ten percent or more in the cannabis operation that is the subject of a retail storefront selection process application, in addition to the financial interest percentage held by the entity or individual. With respect to background checks conducted via Live Scan, Live Scans are not required as part of this cannabis retail storefront selection process.
The reference to "community plan area standards" in the County-provided form titled "B3 – Community Involvement Plan" refers to the County's development standards in each of the community plan areas. Please see the following link to view each applicable community plan: Community Plan Areas webpage