REGULATION OF CANNABIS – FOLLOW-UP #1
CITY COUNCIL DIRECTION
- PURSUE REGULATION OF RECREATIONAL AND MEDICINAL CANNABIS USE
- No Ballot Measure to Regulate
- RETURN IN 2 MONTHS TO DISCUSS THE FOLLOWING QUESTIONS
- Lottery vs. Merit Based Qualification Process
- Can/Should We Regulate Land/Lease Value Market Forces?
- Expected Litigation
COUNCIL QUESTIONS – TOO EARLY TO ANSWER
STAFFING & LITIGATION – Both Will Depend Upon . . . . . . .
- Qualification Process
- Number Permitted
- Complexity of Regulations
STAFFING – Dedicated Personnel & One Primary Point of Contact (Consistency & Expertise)
- Code Enforcement Officer(s)
- Building & Fire Inspector(s)
- Finance Tax/Customer Service Rep(s)
- 3 Police Officers (Detective for County Task Force)
- PD Analyst
Consultants Can Be Used for Some (e.g. legal, auditors etc.) and Team Leader – Primary Point of Contact
ORDINANCE DEVELOPMENT (6-9 MONTHS)
- Factors: Public Input & Council Hearings
- Efficiency Assist: Ad Hoc Council Committee
- APPLICATION DEVELOPMENT (1 MONTH)
- APPLICATION INTAKE (1-2 MONTHS)
- APPLICATION EVAL & APPROVAL (1-3 MONTHS)
- Efficiency Assist: Administrative Approval Process
BUILD OUT AND OPENING 1-2 YEARS
BIG PICTURE ISSUES
- TYPES OF BUSINESSES TO ALL0W?
- WHERE TO ALLOW?
- DO WE LIMIT THE NUMBER AND – IF SO – HOW TO CALCULATE?
- LOTTERY VS. MERIT-BASED QUALIFICATION?
- ADMINISTRATIVE OR LEGISLATIVE APPROVAL PROCESS?
- TAXATION BALLOT MEASURE?
- AD HOC COMMITTEE?
- TYPES OF BUSINESSES TO ALLOW
- Indoor Only?
- Market in Corona?
- Higher Secondary Issues?
- Complexity of Regulation
- Testing Labs
- Retailers (Storefront)
- Retailers (Non-Storefront)
WHERE TO ALLOW?
- M – Manufacturing Zones?
- C2 & C3 – Restricted and General Commercial Zones?
- Specific Plans with General Commercial Zones?
DO WE LIMIT THE NUMBER AND – IF SO – HOW TO CALCULATE?
- If Limited, it is Typically Retail
- Some Argue for 1 Retail for Every 10K-15K Population
- BUT . . . . Are Limits Needed with Zoning & Distance Requirements?
- Let Qualification Criteria & Market Dictate?
LOTTERY VS. MERIT-BASED QUALIFICATION
- Merit = More Control
- Merit = Less Litigation (IF . . . . # Not Limited/Fair/Non-Political)
- Lottery = More Open
- Limit Qualification Process
- Zoning Issues
- Public Health, Safety & Welfare Issues
- Not Market Issues (e.g. Land/Lease Value Market Forces)
ADMINISTRATIVE OR LEGISLATIVE APPROVAL PROCESS?
- Admin = Efficiency
- Admin = Less Political = Less Litigation Issues
- Admin = Concerns Addressed in Ordinance & Qualification Criteria
- Leg = Each Business Publicly Examined
TAXATION BALLOT MEASURE?
- Less Risky Than Contractual Collection
- Better Collection Powers
- Contractual May Be Necessary – Ballot Measure Timing?
AD HOC COMMITTEE?
- Recommended for Time Efficiency
- Routine Input for Staff
- Can Increase Public Input
- Ordinance Including All Issues Would Return to Full Council
- Zoning & Distance Requirements
- Merit Based Qualification Criteria
- Rating Process
- Suggested Tax/Fee Rates