COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Introduce cannabis program application overview presentation and adopt resolution allowing the Sheriff's Department to access state and federal criminal information for cannabis businesses operators and their employees.  

SBC FILE NUMBER:119

Resolution No. 2018-91

The Cannabis permit application process will be split into four phases. Each phase will encompass the following responsibility:

1.      Application Submittal  & Determination of Eligibility

2.      Application Evaluation & Initial Ranking

3.      Interviews & Second Ranking

4.      Public Meeting & County Administrator Final Selection

Application Submittal & Determination of Eligibility- Fee TBD

1. Required documents:

• Business application (applicant to fill out form),
• Live Scan requests or background check applications for each employee/owner (sheriffs department,)
• Zoning verification letter (RMA).

2.      County staff reviews for completeness.

3.      Applicants with complete applications move to Phase 2

Application Evaluation & Initial Ranking

1. HdL reviews the applications and scores on five categories:

• Location,

• Business Plan,
• Neighborhood Compatibility Plan, 
• Safety Plan, and
• Security Plan. 

1. Applicant’s score based on ability to meet or exceed minimum requirements of each category,
2. HdL recommends applicants who score 80% or higher to advance to Phase 3 for County Staff to review.

Interviews & Second Ranking – Fee TBD

1. Applicants who scored 80% or higher in Phase 2 interview with a Selection Committee

·        Representatives from County’s Administered Office, Resource Management Agency, County Sheriff Department, County Counsel, Environmental Health, or Agricultural Commissioner. (typically composed 4-5 individuals)

2.      HdL assist in the facilitation of the interviews

1. Selection Committee awards scores based on criteria.

Cost recovery to cover staff time for the County staff, Third-party Reviewer, and inspections to be calculated. Applicants pay separate fees by Phase, as they continue through the application process.

San Benito County cannabis applicants are to obtain a criminal history background check. Permits will be conditioned to require annual submittal of a Live Scan criminal history background check to the cannabises business operators and employees. Penal Code Sections 11105(b)(11) and 13300(b)(11) authorizes cities, counties, districts and joint powers to access state and local summary criminal history information. However, these Penal Code Sections also require the Board of Supervisors to authorize access to summary criminal history information.

1) Accept informational presentation on commercial cannabis business application process; and

2)Staff recommends that the Board of Supervisors adopts a resolution allowing the San Benito County Sheriff's department to access the State of California’s Department of Justice Live Scan system for local, state and federal level criminal history information on prospective operators and employees of commercial cannabis businesses.