1609(b)(19) Good Neighbor Policy rulemaking

Background

Pursuant to Section 1609 of the San Francisco Police Code, every Cannabis Business Permit Applicant is required to submit to the Office of Cannabis a Good Neighbor Policy as part of the permit application.

The following rules apply to the development of the Good Neighbor Policy and further outline application requirements.

 

Definitions

“Neighbors” means property owners and tenants within 300 feet of the proposed Cannabis Business Permit premises.

 

Rules

     Mandatory Requirements for Good Neighbor Policy Development

  1. The development of a Good Neighbor Policy shall be reasonably informed by input solicited during the Cannabis Business Permit Community Outreach pursuant to Section 1609(b)(24) of the Police Code.

  2. When notifying neighbors of the mandatory community meeting pursuant to Police Code Section 1609(b)(24), Community Outreach Rule (a)(1), applicants must provide neighbors with a written copy of the proposed Good Neighbor Policy, which shall include at a minimum the mandatory Good Neighbor Conditions associated with the Cannabis Business Permit(s) being sought for that location. 

Mandatory Good Neighbor Conditions for Cannabis Business Permit Holders

  1. For all Cannabis Business Permits Applicants, the Good Neighbor Policy shall include, but may not be limited to a commitment to:
    1. Provide outside lighting in a manner that illuminates the outside street and sidewalk areas and adjacent parking as appropriate.
    2. Provide adequate and appropriate ventilation to ensure odor controls result in no emission of noxious odors.
    3. Maintain the premises, adjacent sidewalk and/or alley in good condition at all times.

  2. Cannabis Business Permits Applicants seeking a Cannabis Retailer, Medicinal Retailer, or Microbusiness Permit that will include storefront retail, shall also include a commitment to:
    1. Prohibit double parking directly outside the premises.
    2. Prohibit loitering in or around the premises.
    3. Prohibit littering in or around the premises.
    4. Prohibit the consumption of cannabis products around the premises.
    5. Post notices on the premises that:
      1. Direct patrons to leave the establishment and neighborhood peaceful and in an orderly fashion.
      2. Direct patrons to not litter or block driveways.
      3. Advise individuals of the prohibition on loitering.
      4. Advise individuals that smoking of cannabis is prohibited in public places.
    6. Ensure notices are clear, well-lit, prominently displayed and maintained at all public entrances to and exits from the establishment.
    7. Secure the premises within 50 feet of any public entrance and exit.

  3. Cannabis Business Permit Applicants seeking Cannabis Retailer, Medicinal Retailer, or Microbusiness Permits that also intend to seek consumption permits from the Department of Public Health shall also include a commitment to:
    1. Post clear and prominent “No Smoking” signs in any area of the premises where smoking is prohibited.
    2. Post clear and prominent “No Consuming Cannabis” signs in any area of the premises where the consumption of cannabis and cannabis products is prohibited.
    3. Ensure notices are well-lit, prominently displayed and maintained.
    4. Prohibit any person on the premises from smoking or consuming cannabis or cannabis products where smoking or consumption are prohibited.

Mandatory Cannabis Business Permit Application Submissions

  1. The Applicant must provide to the Office of Cannabis an attestation, on behalf of the Applicant Entity, that the Applicant has engaged in a Community Outreach Strategy to solicit input on the Applicant Entity’s Good Neighbor Policy.

  2. The Applicant must provide to the Office of Cannabis a copy of the actual correspondence provided to residential and commercial neighbors within 300 feet of the proposed premises, pursuant to Section 1609(b)(19)(A) of the Police Code, as well as the full name, title, email, phone number, and mailing address of the Applicant Entity’s designated community liaison.
    1. Maintaining the community liaison contact with the neighbors and the Office of Cannabis is an ongoing requirement.
    2. Any changes to the community liaison should be promptly reported to the Office of Cannabis.

  3. Copies of any written input provided to the Applicant by neighbors related to the Applicant’s Good Neighbor Policy.

  4. Any additional commitments made by the Applicant Entity other than those listed in “Mandatory Conditions for Cannabis Business Permit Holders” shall be submitted to the Office of Cannabis as part of the Cannabis Business Permit Application.

Compliance with Permit Conditions

  1. All commitments in a Good Neighbor Policy, once approve by tThe Office of Cannabis, shall be will interpret all Good Neighbor Policy commitments as conditions of the final any Cannabis Business Permit issued pursuant to Section 1615 of the Police Code.

  2. Violations of any condition agreed to in a Permittee’s Good Neighbor Policy shall be treated as a violation of a permit condition as set forth in Police Code Section 1612, 1615, and 1617, and other applicable laws. and the rules and regulations adopted pursuant to Article 16 of the Police Code.

  3. Changes to a Permittee’s Good Neighbor Policy shall not occur without prior express, written approval of the Office of Cannabis.

  4. A Permittee may request a permit amendment to remove or change a condition of their Good Neighbor Policy by filing a request with the Office of Cannabis pursuant to Section 1617(c) of the Police Code.

 

 

Comment period start date
Comment period end date
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