City Charter, Administrative Code, and Municipal Code

SEC. 104.03. APPLICATION PROCEDURE.

hat has reached Undue Concentration. If the Applicant’s proposed Business Premises is located in a Community Plan Area that has reached Undue Concentration, the Applicant must request that the City Council find that approval of the License Application would serve the public convenience or necessity. Prior to seeking a finding from the City Council, the Applicant shall submit a Pre-Application Record and pay a Pre-Application Review Fee pursuant to Section 104.19 for DCR to determine if the proposed Business Premises location complies with Section 104.04(b). (Amended by Ord. No. 188,451, Eff. 12/30/24.) (i) If DCR determines that the Pre- Application Record is not eligible for further processing, the Applicant shall not file a request that the City Council find that approval of the License application would serve the public convenience or necessity and DCR shall not further process the Application. The Applicant may submit a new Pre-Application Record for a new proposed location, subject to the payment of fees under Section 104.19 . (ii) If DCR determines the Pre-Application Record is eligible for further processing, the Applicant shall file a request, on a form provided by DCR, that the City Council find that approval of the License Application would serve the public convenience or necessity, supported by evidence in the record. The Applicant also shall pay a Public Convenience or Necessity Application Fee pursuant to Section 104.19 within 30 days from the date of invoice issuance. DCR shall transmit the request to the City Clerk within 30 days of the Applicant’s payment of the Public Convenience or Necessity Application Fee. Within 10 days of DCR transmitting an Applicant’s request to the City Clerk, DCR shall provide notice by electronic mail to: (1) the Applicant; (2) the closest Neighborhood Council; (3) the relevant business improvement district, if one exists; and (4) and the City Council Office within which the Business Premises is situated. The notice shall contain the following information: purpose of the notice, name of the Applicant, Application number, Business Premises address, Commercial Cannabis Activities requested, and the Council District and Community Plan Area in which the Business Premises is located. The notice shall also inform interested parties about how to provide DCR with information concerning the Application.