§ 6.88.330. Registration Process.

A.

Registration review. Pursuant to Section 6.88.300, no Collective or Cannabis Business shall operate in the City of San José without a Notice of Completed Registration from the City Manager. A Collective or Cannabis Business desiring to obtain a Notice of Completed Registration shall file a registration application with the City Manager that shall contain such accurate, complete and truthful information as is required pursuant to the application process set forth in the regulations promulgated by the City Manager pursuant to Section 6.88.315.

B.

Consent for inspection of records and Location.

1.

Required consent for inspection and copying of records.

a.

As part of the registration process, the Cannabis Business shall provide written consent for the inspection and copying by the Chief of Police, and any other City official charged with enforcing the provisions of this Code, of any recordings and records required to be maintained under this Chapter without requirement for a search warrant, subpoena or court order.

b.

The Cannabis Business shall be subject to the inspection and copying set forth in Subsection 6.88.330 B.1.a. at any time and without notice during the Cannabis Business's hours of operation and at any other time upon reasonable notice.

c.

Nothing in this Chapter requires the disclosure of any Qualified Patient's Private Medical Record.

2.

Required consent for inspection of Location and Premises.

a.

As part of the registration process, the Cannabis Business shall provide written consent for the inspection of the Location and the Premises by the Chief of Police, and any other City official charged with enforcing the provisions of this Code, without requirement for a search warrant or court order.

b.

The Cannabis Business Location and Premises shall each be subject to the inspection set forth in Subsection 6.88.330 B.2.a. at any time and without notice during hours of operation and at any other time upon reasonable notice.

C.

Signatories to registration. The person or persons authorized to sign on behalf of and legally bind the Cannabis Business shall print his or her name and sign the registration application under penalty of perjury certifying that all the information contained therein, and any attachments thereto, is true, complete and correct.

D.

Investigation and determination.

1.

Upon receiving a Cannabis Business's registration application, the City Manager shall proceed to investigate the information provided by the Cannabis Business and evaluate the compliance of the Cannabis Business with the requirements of this Chapter.

2.

The City Manager shall also investigate the Location and the Premises for the purpose of assuring that each Cannabis Business complies with the requirements of this Chapter, including, but not limited to Part 4, and all public health, safety, welfare and zoning laws set forth in this Code and in state and local laws.

3.

The Chief of Police shall also conduct a criminal background investigation on any Owner or Manager of the Cannabis Business and on any individual persons who participate in the cultivation, processing, manufacturing, transporting or dispensing of cannabis.

E.

Disqualification from registration.

1.

Any Cannabis Business may be disqualified from the registration process for any of the following reasons:

a.

The Cannabis Business or any person applying on behalf of a Cannabis Business knowingly made a false statement of fact or omitted a fact required to be revealed in the registration process, or any amendment or report or other information required to be made thereunder;

b.

The Cannabis Business Location or Premises is in violation of any building, zoning, health, safety or other provision of this Code; or of any state or local law which substantially affects the public health, welfare or safety;

c.

The Cannabis Business violates or has violated the terms and conditions of any requirement of this Code or any state law related to the operation of a Cannabis Business, other than solely because of its existence after the effective date of this Chapter;

d.

The Cannabis Business or any one of its Owners or Managers have owned or leased a Location or Premises that has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the Location or Premises to be a nuisance within the past five (5) years;

e.

The Cannabis Business was disqualified from the registration process under this Chapter on one or more of the grounds provided in this Section within five (5) years prior to the date of the current attempt to register;

f.

The Cannabis Business's registration under this Chapter has become null and void within the past five (5) years for any of the reasons set forth in Section 6.88.350;

g.

The Cannabis Business's registration, permit, license or any other authorization issued by the City or by any state or local agency and required to operate a cannabis Collective, cooperative, Dispensary, business or other such establishment, has been deemed null and void or has been suspended or revoked or otherwise nullified within the past five (5) years;

h.

The Cannabis Business has conducted itself in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, on or within three hundred (300) feet of the Location;

i.

If the Cannabis Business is a corporation, the corporation is not in good standing or authorized to do business in the state;

j.

The Cannabis Business conducted, conducts or anticipates conducting a Cannabis Business on a Location or Premises and such operation is prohibited under the terms of the lease for the Location or Premises or under the terms of another such document which memorializes the Cannabis Business's right to possess the Location or Premises;

k.

The Cannabis Business has as an Owner, Manager, or has persons participating in the cultivation, processing, manufacturing, transporting or dispensing of cannabis, who:

i.

Are on parole or probation for the possession, sale, manufacture, use, distribution or transportation of a controlled substance, excluding cannabis;

ii.

Have been convicted of a crime of moral turpitude; or

iii.

Have been convicted of any misdemeanor or felony within the last ten (10) years involving the following:

1.

The use of violence, force, fear, fraud or deception;

2.

The unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance, excluding cannabis;

3.

The use of money to engage in criminal activity; or

4.

The unlawful possession or use of a firearm.

l.

The Cannabis Business's operation from the Location or Premises results or will result in an imminent threat to the public's health, safety or welfare; or

m.

If, based on the investigation conducted pursuant to this Section or Section 6.88.360, the City Manager finds that there are grounds for disqualification of a Cannabis Business because an Owner, Manager, or a person participating in the cultivation, processing, manufacturing, transporting, dispensing, or testing of cannabis is found in violation of subsection E.1.k. above, and the Cannabis Business proves conclusively to the City Manager that it has terminated its relationship with that individual so that the individual is prohibited from being involved in the Cannabis Business as an Owner or Manager or individual participating in the cultivation, processing, manufacturing, transporting, dispensing, or testing of cannabis on behalf of the Cannabis Business, then in the City Manager's discretion, the Cannabis Business may be allowed to continue the registration process, or amended registration process, as the case may be, subject to compliance with all other requirements of this Code.

2.

Appeal procedure.

a.

Notice of intended decision.

i.

Upon determining the existence of any of the grounds for disqualification of an Owner, Manager, or individual person participating in the cultivation, processing, manufacturing, transporting, dispensing, or testing of cannabis from the registration process pursuant to Section 6.88.330 E.1.m., the Chief of Police may issue to such individual, with a copy to the Cannabis Business, a notice of intended decision to disqualify.

ii.

The notice of intended decision shall state all the grounds and reasons upon which the disqualification is based.

iii.

The notice of intended decision shall advise that the disqualification shall become final unless the individual files a written request for hearing before the Chief of Police within the time period specified below.

iv.

The notice of intended decision shall specify the effective date of the disqualification.

b.

Procedure for hearing before the Chief of Police.

i.

The written request for a hearing before the Chief of Police must be received by the Chief of Police within ten (10) calendar days of the date of service of the notice of intended decision to disqualify.

ii.

The Chief of Police shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing.

iii.

The Chief of Police shall serve a notice of hearing on the individual not later than ten (10) calendar days prior to the scheduled date of the hearing.

iv.

At the hearing before the Chief of Police, the individual shall be given the opportunity to present witnesses and documentary evidence.

v.

The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the Chief of Police deems reliable, relevant and not unduly repetitious may be considered.

c.

Decision of the Chief of Police.

i.

Within twenty (20) calendar days after the hearing, the Chief of Police shall serve a written decision sustaining, reversing or modifying his or her intended decision on the individual.

ii.

The decision by the Chief of Police after the hearing shall become final.

iii.

The written statement of decision shall contain a notice setting out Section 1.16.010 of this Code.

F.

Completed registration. After verification that all required application fees, as set forth in Section 6.88.380, have been timely and fully paid and that all necessary information has been provided and that the Cannabis Business is in compliance with all requirements of this Chapter, the City Manager shall notify the Cannabis Business that the annual operating fee and any applicable hourly inspection and/or investigative fee(s), as set forth in Section 6.88.380, are now due and payable to the City. Within ten (10) business days of receiving the Cannabis Business's payment of the annual operating fee, as set forth in Section 6.88.380, and any applicable hourly inspection or investigative fees, the City Manager shall mail a Notice of Completed Registration, and any subsequent updated registration, to the person authorized to accept service of process on behalf of the Cannabis Business.

G.

Notice of disqualification. If the Cannabis Business has not paid the fees or taxes required by this Code, has not provided all necessary information, is not in compliance with all the requirements of this Code, or has otherwise been disqualified from the registration process, the City Manager shall mail notice to the person authorized to accept service of process on behalf of the cannabis business advising the Cannabis Business that it has been disqualified from the registration process.

(Ord. 30210.)