City Council Worksheet Commercial Marijuana

Transcription

1 City Council Worksheet Commercial Marijuana 1. License Types and Land Use Questions a. Should the City limit the number of MJ businesses? Y or N b. Is a phased approach preferred? Y or N c. If yes, What types of licenses should be included in the Code for the first phase? d. Should the City establish numerical limits or limits through zoning/buffers? e. If numerical, how many retailers? f. If numerical, how many of other MJ business types? g. If by zoning/buffers, is 600 feet from schools/daycares, youth centers sufficient? Y or N h. If by zoning/buffers, other types of limits (per subcommittee: treatment centers, religious facilities)? i. Any limits by zoned areas (Residential, Commercial, Industrial)? j. Does Council wish to impose size limitations (beyond state requirements)? Y or N k. Does the Council wish to distinguish medicinal/adult use? Y or N l. Should MJ Locations be clustered or defined distances from one another? Y or N m. MJ business in the Tourist Core? Y or N* n. If retail allowed, does CC want delivery services? Y or N o. If yes, linked only to storefront? Y or N p. Should City allow permittees to hold more than one license type? Y or N q. Impose 100% renewable requirement for this new energy demanding industry? Y or N r. If so, what timeline? (Liberty Energy indicates such a business option will be available in 6 months) s. Does City Council wish to circulate a public survey? Y or N t. If yes, similar to questions reviewed today? Y or N u. If yes, timing of survey? *Not applicable if permits are limited to restricted, pre-defined areas

2 State Licensing Types Considerations from Subcommittee and Staff 1. License Types/locations/quantities: Direction for each type of license/location and quantity NOTE: License types exists for both medicinal only and adult use. Subcommittee and staff have not recommended a split. Subcommittee Type Location Limits Quantity Retailer (type 10) All Locations (map) 3 Cottage (cultivation)* All locations (map) unlimited Specialty Cottage (cultiv)* All locations (map) unlimited Nursery (cultivation)* All locations (map) unlimited Manufacturing (N)-no extract All locations (map) unlimited Manufacturing (P)-no extract All locations (map) unlimited Distributor All locations (map) unlimited Distributor Transport All locations (map) unlimited Laboratory All locations (map) unlimited Delivery (part of storefront) N/A 3 *no outdoor cultivation for any license type Staff Type Location Limits Quantity Retailer Defined Area 1 Laboratory Industrial Area 1 Delivery (part of storefront) N/A 1 Not Recommended (Staff and Subcommittee) Retailer, Non-storefront Microbusiness NOTES:

3 2. Application (or Proposal) Selection Process Application (or proposal)/selection process would normally include things like: acceptance timeframe, review for completeness, review for compliance with requirements, scoring (if competitive), selection process, appeal period, final approval (once structure/infrastructure is ready), permit(s) issuance. a. Should qualifications be established for MJ business owners/employees? Y or N b. If yes, is staff/subcommittee input sufficient (no MJ felonies)? Y or N c. If no, what modifications or other restrictions are needed? d. Selection model for limited permits (first come, lottery, merit based, hybrid)? e. If merit based, what elements for selection? (e.g. business history, community plan, financial capacity) f. Who should review/approve/score/select applications (if limited # of permits)? g. Who should hear appeals to such decisions? h. Same application process for all license types? Y or N (if no, define differences) i. Should City give local preference? Y or N j. If yes, how should local be defined? k. If weighted for local preference, to what numerical extent (assume scoring matrix of 100)? l. How long and where should we advertise/publish the availability of permits? m. Council review/approval of application forms/process/timelines before going live? Y or N n. Dual permitting structure be utilized (public safety/land use)? Y or N o. Should the MJ program be cost neutral to the City? Y or N p. Separate application fees and permit fees? Y or N* q. Cost Recovery Deposit for each permitted site? (staff to bill permittee s account for work) Y or N** r. Different fee amounts by license types? Y or N s. If yes, staff to calculate estimates for each type of license (both applications/permits)? Y or N *A non-refundable application fee would be related to the costs for administering just the applications, whether or not the applicant is successful in obtaining a permit. Likewise, permit fees would be used for costs relating to administering the program and costs/services related to all permittees (similar to VHR) **For costs associated with specific MJ business (inspections, violations, other City costs). This would provide for fair distribution of expenses among the permittees (e.g. a more City employee labor intensive business may cost more than another which requires less oversight).

4 3. Operational Requirements (beyond State law) Subcommittee and Staff Agree: a. Video feed to PD? Y or N b. LiveScan Fingerprinting of all employees (no non-marijuana felonies)? Y or N c. Employer led training of all employees on State and local regulations/laws? Y or N d. Require on-the-job sobriety? Y or N e. City and TRPA Signage limits (per subcommittee: no green cross, etc.)? Y or N f. TV/Radio advertising (both subcommittee and staff say no)? Y or N g. Sandwich boards (both subcommittee and staff say no)? Y or N h. Age verification by automated (swipe) state ID system (no swipe no weed)? Y or N i. No notice public safety/development services inspections? Y or N j. Automatic revocation for upheld, intentional violations (specific definitions needed)?* Y or N k. Local on-line access to business records? Y or N Staff: l. No cost random samples from all retail or microbusinesses for lab testing? Y or N* m. If yes, costs for lab testing paid by establishment? Y or N n. On-site consumption (subcommittee recommends on-site consumption/staff says no)? Y or N o. Marijuana related benefits (pay) for employees, managers or owners? Y or N *Provides last step and confirmation that State system of lab testing is effective. This should be limited to reasonable frequencies and small quantities for testing only. In the event we find that the state system is reliable over time, then this extra testing requirement could be discontinued (perhaps as part of a periodic review by CC).

5 4. Revenue Models/Amounts a. Should City prepare a tax measure? Y or N b. Special or General Tax Measure? c. If taxed, on what type of business/transaction (retail, cultivation, etc.)? d. Any tax differentiation on medicinal or recreational? Y or N e. If yes, what differences? Amounts: f. Subcommittee recommends up to 3.5% on all license types? Y or N g. Staff recommends 10%? Y or N h. If neither is preferred, other amount? Options: i. Subcommittee option: Issue permits with Development Agreements until tax passes? Y or N* j. Option 1: Pass tax measure first, then issue permits? Y or N** k. Option 2: Issue permits with no tax imposed? Y or N Development Agreement (DA) Questions (for later meeting(s)): l. How will DA be negotiated? m. What is selection criteria? n. What is duration of DA? o. Who is on negotiating team? p. What consideration/public benefit will be required from the DA? *Uncommon **Most common

6 5. Expenditures from Revenues Subcommittee and Staff Agree: Enforcement* Community education program Local treatment program Staff: Priority 1 Revenues to go to SLEDNET-like operation Priority 2 School Resource Officer at Middle School Priority 3 Education and Treatment through Community Benefit Program Expenditure Direction a. City Council wish to specify funds for anything besides enforcement, education, treatment? Y or N b. If yes, what type of function or program? c. Does City Council want to prioritize enforcement? Y or N d. If yes, to what extent (program types, dollar amount, or percentage of total revenue)? e. Does City Council wish to specifically allocate funds for education or treatment? Y or N f. If yes, as part of Community Benefit Program (CBP)? Y or N g. If not as part of CBP, how much and how should such funds be allocated? h. If CBP is desired, how much or what portion of revenue? (one CA city designated 1% of retail sales) i. If CBD is desired, how should funds be distributed? (annual grant awards by Council, predefined, etc.) How much will local government benefit from State Marijuana Taxes? Significant State funds exist for local health departments and qualified community-based non-profits Local Governments, on the State s lowest funding tier, may get small pass thru from State agencies Very little flows to local government (includes strings to State interests) No funding for any local enforcement or police!

7 Division 2 of the Revenue and Taxation Code Subsection provides for AUMA distribution of tax revenues as follows: First, reimbursement for reasonable costs incurred or sufficient funds relating to costs of administration of AUMA for: Board of Equalization Department of Public Health Department of Pesticide Regulation Bureau of Marijuana Control and Regulation Department of Fish and Wildlife Legislative Analyst's Office Department of Consumer Affairs Controller State Water Resource Control Board Department of Food and Agriculture State Auditor Second, Ten million dollars ($10,000,000) to a public university or universities in California annually to research and evaluate the implementation and effect of the Control, Regulate and Tax Adult Use of Marijuana Act. Three million dollars ($3,000,000) annually to the Department of the California Highway Patrol beginning fiscal year until fiscal year to establish and adopt protocols to determine whether a driver is operating a vehicle while impaired. Ten million dollars ($10,000,000) beginning fiscal year and increasing ten million dollars ($10,000,000) each fiscal year thereafter until fiscal year , at which time the disbursement shall be fifty million dollars ($50,000,000) to the Governor's Office of Business and Economic Development to administer a Community Reinvestments grants program to local health departments and at least fifty-percent to qualified community-based nonprofit organizations to support job placement, mental health treatment, substance use disorder treatment, system navigation services, legal services to address barriers to reentry, and linkages to medical care for communities disproportionately affected by past federal and state drug policies. two million dollars ($2,000,000) annually to the University of California San Diego Center for Medicinal Cannabis Research to further the objectives of the Center including the enhanced understanding of the efficacy and adverse effects of marijuana as a pharmacological agent. Third, remaining funds distributed as follows: Highlighted section for education and treatment Grey Area where local government is discussed Sixty percent (60%) to the Department of Health Care Services for programs for youth that are designed to educate about and to prevent substance use disorders and to prevent harm from substance use. The programs shall emphasize accurate education, effective prevention, early intervention, school retention, and timely treatment services for youth, their families and caregivers. Twenty percent (20%J to the Department of Fish and Wildlife and the Department of Parks and Recreation for the cleanup, remediation, and restoration of environmental damage in watersheds affected by marijuana cultivation and related activities including, but not limited to, damage that occurred prior to enactment of this part, and to support local partnerships for this purpose. Twenty percent (20%) to the Department of the California Highway Patrol for conducting training programs for detecting, testing and enforcing laws against driving under the influence of alcohol and other drugs, including driving under the influence of marijuana. The Department may hire personnel to conduct the training programs specified in this subparagraph; to the Department of the California Highway Patrol to fund internal California Highway Patrol programs and grants to qualified nonprofit organizations and local governments for education, prevention and enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including marijuana; and, to the Board of State and Community Corrections for making grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The Board shall not make any grants to local governments which have banned the cultivation or retail sale of marijuana or marijuana product.

8 6. Enforcement a. Code provision requiring compliance with all state law (local permit consequences)? Y or N b. Code granting the same access to City authorities as the State enjoys over licensees? Y or N c. Random inspections of all permitted commercial establishments? Y or N d. If yes, City Council expected frequency? e. Fines for violations? Y or N (specifics on amounts, types, etc. for later meeting) f. Revocation for violations? Y or N (specific types of violations for revocation at later meeting) g. Duration of public safety permit period (if dual permits)? Define (e.g. year, 2 year, etc.) h. Public safety permit renewal process? Y or N (audit design, inspection, review later meeting) 7. Long Range Strategy/ Path Back a. Does City Council wish to have a path back or community impact data measures? Y or N b. If yes, what frequency for such reporting to City Council? (once/year, twice/year, etc.) c. If yes, what process to identify agreeable measures? d. Is Council interested in joint subcommittee to develop marijuana impact data? Y or N* e. Does Council wish to include mention of periodic Council review in the Code? Y or N f. Code to refer to declaration of public nuisance or health emergency as part of CC review? Y or N g. If yes, what, if any, MJ industry consequences should be included in the Code? *Joint subcommittee could be comprised of one or two Council member(s), member(s) of board for school and hospital, or others (along with appropriate staff from involved agencies). 95 total questions 71 for Code Development (highlighted) 24 for Policy, Administrative Process, or Later Stages (not highlighted)