§ 5.90.230. Medical marijuana business license permit application.

In addition to the general business license permit application requirements of Chapter 5.04, an application for a business license permit to operate a medical marijuana business shall include completed forms provided by the City for that purpose. Any application for a Medical Marijuana Business license shall be accompanied by the business license application fee, and criminal background check ("Live Scan") fee. The Applicant shall use the application to demonstrate its compliance with this Chapter and any other applicable law, rule, or regulation, or has made reasonable provision for the satisfaction of these requirements. The application shall include the following information: Name, address, e-mail address, Social Security number and contact phone number of the owner or owners of the medical marijuana business in whose name the permit is proposed to be issued. If an owner is a corporation, the name, address, e-mail address and contact phone number of all officers or directors of the corporation and all shareholders who individually own more than ten percent (10%) of the issued and outstanding stock of the corporation and the EIN for the corporation. If an owner is a partnership, association, or limited liability company, the EIN for the entity and the name, address, e-mail address and contact phone number of any person holding a voting interest therein and/or the managing member(s). If a managing member is an entity rather than an individual, the same disclosure shall be required for each entity with an ownership interest until a managing member that is a natural person is identified. If an owner is not a natural person, the organizational documents for all entities identified in the application, identification of the natural person that is authorized to speak for the entity and the address, e-mail address and contact phone number information for that person. Reasonable proof the entity is registered, if such registration is required, and in good standing with all applicable State Agencies.

Name, address, e-mail address and contact phone number of any business managers of the medical marijuana business, if the business manager is proposed to be someone other than the owner; and all agents of the medical marijuana business who act with managerial authority. A statement indicating whether any of the named owners, members, business managers, or persons named on the application have been: Denied an application for a Business License Permit pursuant to this Chapter, or any similar state or local licensing or permitting law, rule, or regulation, or had such a license or permit suspended or revoked; Convicted of violating any violent or serious felony(s) as specified in Sections 667.5 and 1192.7 of the Penal Code or any felony involving fraud, deceit or embezzlement. Proof of ownership or legal possession of the Property at which the medical marijuana business will be located. If the medical marijuana business is not the owner of the property of the business, the Applicant shall provide written authorization to the City from the property owner to enter the property for inspection of the property on a form approved by the City as well as an acknowledgement from the owner that the Applicant has the owner's permission and consent to operate a medical marijuana business at the subject property. A certificate for proof of insurance signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of workers' compensation and public liability insurance at least to the limits required by Section 5.90.030 of this Chapter, the limits of each policy, the policy number(s), the name of the insurer, the effective date, and expiration date of each policy. An identification of the specific State License as set forth in the MMRSA the proposed Medical Marijuana Business intends to apply for and obtain upon issuance of the City business license. An operating plan for the proposed medical marijuana business, including the following information: A description of the products and services to be provided by the medical marijuana business; A schedule depicting the hours of operation; A description of the procedures for cash handling and audits; A dimensioned floor plan, clearly labeled, showing: The layout of the facility and the floor plan in which the medical marijuana business is to be located; The principal uses of the floor area depicted on the floor plan, including but not limited to, the areas where non-patients will be permitted, private consulting areas, storage areas, retail areas, areas for cash handling and storage, and restricted areas where medical marijuana will be located; and Electrical, mechanical, plumbing, disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act; and The separation of the areas that are open to persons who are not patients from those areas open to patients. For cultivation facilities, and medical marijuana businesses that produce medical marijuana-infused products, a plan that specifies: The methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the City as set forth in Long Beach Municipal Code Chapter 15.16, "Industrial Waste and Wastewater"; A minimum of a one (1) hour fire separation wall between a cultivation facility and any adjacent business. All ventilation systems used to control the environment for the plants that describes how such systems operate with the systems preventing any odor leaving the property. Such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process. A State seller's permit issued to the Applicant pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code if such permit is required by law for the applicant's intended business operation.

Additional requirements: A fully legible copy of one valid government issued form of photo identification, such as a State Driver's License or Identification Card and Livescan finger-printing completed at the Long Beach Police Department. This requirement shall apply to all owners, business managers, and employees employed by the medical marijuana business. A plan for disposal of any medical marijuana or medical marijuana-infused product that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal. A plan for ventilation of the medical marijuana business that describes the ventilation systems that will be used to prevent any odor of medical marijuana off the property of the business. A description of all toxic, flammable, or other materials regulated by a Federal, State, or local government that would have authority over the business if it was not a marijuana business, that will be used or kept at the medical marijuana business, the location of such materials, and how such materials will be stored. A statement of the amount of the projected daily average and peak electric load anticipated to be used by the business and certification from the landlord and utility provider that the property is equipped to provide the required electric load, or necessary upgrades that will be performed prior to final inspection of the property. A description of the point of sale software the medical marijuana business will utilize to track inventory and sales of medical marijuana. For any medical marijuana business with two (2) or more employees (as defined in the California Business and Professions Code, Section 19322(6)), a statement that the business will enter into, or demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement. A statement signed under penalty of perjury by each owner or business manager that they have read, understand, and shall ensure compliance with the terms of this Chapter.

Should an applicant be awarded a license, any commitments in the application shall become conditions of the license. If a violation of a condition occurs, the City, pursuant to Section 5.90.240, may assess a penalty or seek suspension or revocation of the license.

( Measure MM § 4, 11-8-2016)