FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #1
MEETING DATE November 6, 2024
PREPARED FOR Mayor and Town Council
PREPARED BY Christine Foster, Deputy Town Clerk
SUBJECT Pursuant to Town Code Section 2.08.090 a Residents’ Petition was Received Regarding Marin Alliance Medical Marijuana Business Location – Petitioner: Lynnette Shaw
RECOMMENDATION
Hear the petition and direct staff as appropriate.
BACKGROUND
Pursuant to Fairfax Municipal Code Section 2.08.090 (C), if the Council is presented with a petition signed by 25 Fairfax residents urging consideration of an issue, the issue shall be placed on the Council’s agenda for discussion.
The Town Attorney has provided the attached information to the petitioner and their attorney regarding the process of relocating a cannabis retailer.
DISCUSSION
On September 24, 2024, a residents’ petition was submitted to the Town for the Council’s consideration.
The petition has 25 signatures of Fairfax residents, which meets the 25-signature threshold, and is on file with the Town Clerk’s Office.
The language provided by the petitioner states:
“WE, THE CITIZENS AND PATRONS OF FAIRFAX, HEREBY REQUEST THAT THE
MARIN ALLIANCE DISPENSARY PROPOSAL TO RELOCATE THEIR BUSINESS BE PLACED UPON THE OCTOBER 16 2024 AGENDA. THIS IS AN URGENT MATTER
SINCE THEY ARE LOSING THEIR LOCATION AND WE WISH TO AVERT A MEDICAL CRISIS FOR THOUSANDS OF PATIENTS.”
The petitioners will be at the meeting to make a brief presentation. After the presentation and taking public comment, the Council may discuss the matter and direct staff as needed.
FISCAL IMPACT
Not applicable.
ATTACHMENTS
A. Information on Relocation Process
B. Letter to Larry Bragman, attorney for Lynnette Shaw
1 Town of Fairfax
Process for Cannabis Business Permit
• Fairfax Town Code (FTC) Chapters 17.110 (Cannabis Uses) and 5.56 (Cannabis Businesses) are applicable to the location and licensing of commercial cannabis businesses in Fairfax. No commercial cannabis use may establish and/or operate except in conformance with the provisions of these Chapters. (FTC § 17.110.040)
• A cannabis business permit issued under Chapter 5.56 is valid only as to the permittee and approved site and is therefore non-transferable to other persons or locations. (FTC § 5.56.130)
• Relocation of an existing, licensed business requires the applicant apply and be awarded a new license at a new, approved location. The new location must meet all the requirements of FTC Chapters 17.110 and 5.56.
• An application period must be opened with appropriate notice. The application period should be noticed prior to opening and remain open for a number of weeks (at least 6-8) to ensure potential applicants have enough time to secure a location, or rights to a location, meeting the requirements of the FTC and have adequate time to complete all application requirements, including site and building plans. • Once the application period comes to a close, Town staff reviews and processes all applications received pursuant to § 5.56.070. This includes a prescreening of the application and review of the applicants’ criminal history. Decisions on prescreening are made by the Town Manager within 60 days of the close of the application period or receipt of Livescan results, whichever is later. FTC § 5.56.070(A)(4) • Upon approval of the prescreening review, applications are heard by the Planning Commission for preliminary scoring and recommendation to
ATTACHMENT A
2 the Town Council. The Town Council renders the final determination on applications at a noticed public hearing.
• Scoring criteria, weighting (points per criteria), minimum qualifying scores and further application procedures are found in Town Council Resolution 19-34.
• Application packets are available from the Planning Department.
October 17, 2024
Lawrence Bragman
912 Lootens Place, 2nd Floor
San Rafael, CA 94901
[email protected]
TOWN OF FAIRFAX
142 BOLINAS ROAD, FAIRFAX , CALIFORNIA 94930
PHONE (415) 45 3 -1584 / FAX (415) 453-1618
Re: Relocation Process for Marin Alliance for Medical Marijuana Dear Mr. Bragman,
You asked for an outline of the process Lynette Shaw would need to follow to relocate her cannabis businesses to a new location in Fairfax as a result of the redevelopment of her current leased space and accompanying eviction of all tenants. Below is a brief outline with references to the applicable provisions in the Fairfax Town Code ("FTC").
Two sections of the FTC are applicable to the location and licensing of commercial cannabis businesses in Fairfax; Chapter 17.11 O Cannabis Uses and Chapter 5.56 Cannabis Businesses.
Currently Marin Alliance for Medical Marijuana ("MAMM") operates a storefront medical retail location and an adult use, delivery only location which must be closed to the public. (17.110.020 Definitions). It is our understanding that MAMM is being evicted from their current location at School Street Plaza due to redevelopment of the site and is required to vacate both locations no later than December 31, 2024.
FTC Section 17.110.030 provides that all commercial cannabis uses as defined in 17.110.020, are prohibited from establishing or operating in all zoning districts of the Town of Fairfax except as and expressly permitted by and in conformance with the provisions of Chapter 17.11 O and/or Chapter 5.56 of the FTC. (Section 17.110.040).
FTC Section 5.56.130 provides that a cannabis business permit issued under Chapter 5.56 "is valid only as to the permittee and approved site, and is therefore nontransferable to other persons or locations." In order for MAMM to relocate either the storefront medical retail business and/or the adult use delivery only business, one or more new commercial cannabis business permits
ATTACHMENT B
must be sought and awarded at one or more new, approved location(s) that meet the requirements of Chapters 17.11 O and 5.56.
In order to apply for a commercial cannabis permit(s), a business owner needs to have rights to or own a location meeting the requirements of Chapter 17.110, specifically Section 17.110.040.
Upon request, and in accordance with Chapter 5.56, the Town Manager shall post a notice that the Town will be accepting applications for commercial cannabis permit(s). It is anticipated the notice should be posted some number of weeks prior to the opening of the application period and the application period should extend for 6-8 weeks in order to provide applicants time to secure a location and complete the application requirements, including site and building plans. During the application period, MAMM would need to submit a complete application, pursuant to the requirements of Section 5.56.060 for one or more commercial cannabis permits.
Once the application period comes to a close, the Town will review and process the application(s) pursuant to Section 5.56.070. Briefly, the process includes a prescreening of the application and review of the applicant's criminal history. Decisions on prescreening will be made by the Town Manager within 60 days of close of the application period or receipt of Livescan results, whichever is later. (FTC Section 5.56.070(A)(4)). Upon approval of the prescreening review, the application proceeds to the Planning Commission for preliminary scoring and recommendation to the Town Council. The Town Council renders the final determination on applications at a noticed public hearing. The scoring criteria, weighting (points per criteria), minimum qualifying scores and further application procedures are found in Resolution 19-34 of the Town Council. An application packet may be obtained from the Planning Department during normal business hours.
I hope this brief outline of the applicable procedure helps to answer your questions about the required relocation process for MAMM. Please let me know if you have any further questions.
Sincerely,
Ifs
Janet Coleson,
Town Attorney
cc: Town Manager
Town Council
Planning Department