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File #: ID 20-00908    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 6/30/2020 In control: City Council
On agenda: 7/16/2020 Final action: 7/16/2020
Title: Actions pertaining to Commercial Cannabis Activity: 1. ***RESOLUTION - Approving an Application for Authorization to Access State and Federal Level Summary Criminal History Information for Cannabis Employment, Contractors, Licensing or Certification Purposes (Subject to Mayor's Veto)
Sponsors: Office of Mayor & City Manager
Attachments: 1. Resolution

REPORT TO THE CITY COUNCIL

 

 

 

July 16, 2020

 

 

FROM:                     WILMA QUAN, City Manager

Office of the Mayor & City Manager

 

THROUGH:                     JANE SUMPTER, Assistant City Manager

                                          Office of the Mayor & City Manager

 

BY:                                          JENNIFER RUIZ, Project Manager

                                          Office of the Mayor & City Manager

 

SUBJECT

Title

Actions pertaining to Commercial Cannabis Activity:

1.                     ***RESOLUTION - Approving an Application for Authorization to Access State and Federal Level Summary Criminal History Information for Cannabis Employment, Contractors, Licensing or Certification Purposes (Subject to Mayor’s Veto)

 

Body

RECOMMENDATION

 

It is recommended that the City Council adopt the Resolution, which will authorize the City of Fresno to access state and federal level summary criminal history information for cannabis employment for the purposes of licensing and certification of commercial cannabis operations including retail, cultivation, distribution, testing, and manufacturing purposes.

 

EXECUTIVE SUMMARY

 

The proposed Resolution is a requirement to be submitted to the Department of Justice in order for the City to conduct livescan background checks as part of the cannabis business license application process and receive summary criminal history information from state and federal databases specifically for the purposes of licensing commercial cannabis operations.

 

BACKGROUND

 

Section 9-3318 of the FMC states that, “At the time of submission of an application for a commercial cannabis business permit, all operators, owners, investors, and managers of a commercial cannabis business or cannabis retail business shall submit information for a background check.” Although the language in this Resolution also includes other type of employees, the DOJ recommends this specific language and any alteration to it would cause delays in the approval process. Limiting the background checks to the business operators, owners, investors, and managers can still be achieved through the cannabis application process procedures.

 

ENVIRONMENTAL FINDINGS

 

This item is not a project as defined by the California Environmental Quality Act Guidelines Section 15378.

LOCAL PREFERENCE

 

N/A

 

FISCAL IMPACT

 

Commercial Cannabis Business application fees will cover the cost of the background check. 

 

Attachment:                     Resolution