1606(c) 600 Foot Buffer Permit Application Processing

1.  Applicants for permits under Article 16 of the Police Code are responsible for submitting all application materials requested by the Office of Cannabis at the time that the Office requests those materials.  The Office of Cannabis will not consider submissions that are missing information or any other application material previously requested by the Office of Cannabis.  Such submissions shall not be deemed to have been “received” by the Office of Cannabis within the meaning of this rule.

 

2.  If, after an applicant submits all application materials previously requested by the Office of Cannabis, the Office determines that additional information is required to provide the Office with sufficient information to process those application materials in a manner consistent with Article 16, the Office will notify the applicant in writing and the applicant shall supply the requested information or documentation within five business days.

 

3.  If the applicant cannot meet this five-day deadline due to circumstances beyond their control, they may request an extension (for a defined period of time) from the Office of Cannabis.  The Office shall have discretion to grant or deny the extension, or to take other appropriate action (including, but not limited to, granting an extension for a shorter period of time).

 

4.  If the Office of Cannabis requests additional information from an applicant and the applicant fails to respond to the Office within five business days, the Office may commence review of the next application pending before the Office for completeness.

 

5.  Subject to the foregoing, the Office of Cannabis shall apply the following procedures to determine the order in which application materials are processed:

     a.  The Office of Cannabis shall process application materials according to the priority categories set forth in Section 1606(c) of the Police Code.

     b.  Within the “Equity Applicant” priority category, any change in the manner in which an Applicant satisfies the criteria set forth in Section 1604(b)(3)(A)–(E) shall not affect the order in which the Applicant’s application materials are processed, as long as the identity of the Equity Applicant does not change.

     c.  Within each priority category set forth in Section 1606(c) of the Police Code, the Office of Cannabis shall review, consider, and process all complete applications, revisions, corrections and other permit-related material application materials in the order in which they are received, except that the Office of Cannabis may depart from this procedure:

         (i)  if the Office determines, in writing, that good cause (including, but not limited to, the need to remedy an earlier error in the process of related application materials) exists for such a departure, or 

         (ii)  as otherwise provided by applicable law.  

     d.  For purposes of this rule, application materials shall be considered received when they are digitally date-stamped upon submission to the application platform, except that (as previously specified) submissions that are missing information or any other application material previously requested by the Office of Cannabis shall not be deemed to have been “received” within the meaning of this rule. 

     e.  To have an application be considered received:

          (i)  Equity Incubators will be required to submit an Incubator Agreement that meets all Equity Incubator requirements, including naming the form of incubation, outlining the specific benefits of the incubation, and identifying at least one verified Equity Applicant partner at the time of application. 

          (ii)  Verified Equity Applicants will be required to submit documentation showing how he/she meets the ownership requirements outlined in Police Code Section 1604(b)(3)(A-E), and all other material agreements associated with the business for which he/she is seeking a cannabis business permit, or permits at the time of application.  

     f.  The Office of Cannabis will refer the first application materials related to a proposed Medicinal Cannabis Retailer or Cannabis Retailer to the Department of Building Inspection for acceptance of a Building Permit Application or to the Planning Department for acceptance of a Conditional Use Authorization Application, except as provided below.

     g.  If two or more Applicants within the same priority category apply for Medicinal Cannabis Retailer or Cannabis Retailer permits within 600 feet of each other, the Office of Cannabis shall process the first-received set of application materials (including, but not limited to, referring those materials to the Department of Building Inspection and the Planning Department) first, and shall hold any later-received application materials in abeyance, to ensure consistency with Section 202.2(a)(5) of the Planning Code.  Any application materials held in abeyance pursuant to this rule shall not lose their place in line under the criteria set forth in this rule.  In the event that the Applicant who submitted an earlier-received set of application materials becomes unable to proceed with their permit application for any reason (including, but not limited to, an adverse determination by the Department of Building Inspection or the Planning Department), the Office of Cannabis shall proceed the next-received set of application materials according to that set of applicant materials’ place in line under the criteria set forth in this rule.
 

 

 

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Sharing your comments with the Office of Cannabis
Any person may submit written comments or arguments relevant to the proposed rules during the comment period. If you have questions or want to submit written comments or arguments, email officeofcannabis@sfgov.org.

In addition to submitting by email, written comments may be submitted by U.S. mail or in person to:

Nicole Elliott, Director
Office of Cannabis
San Francisco City Hall
1 Dr. Carlton B. Goodlett Pl. Room 018
San Francisco
CA 94102-4685

Office hours
1:00 - 5:00pm
Monday to Friday