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a. After an applicant files a complete dispensary or delivery only dispensary license application and pays all required fees, the Police Chief shall conduct a background check pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, or supervisor of the marijuana business must submit fingerprints and other information deemed necessary by the City Manager or his/her designee(s) for a background check by the Clearlake Police Department. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a marijuana business or a related work permit unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. After completing the background check, the Police Chief shall take action as follows:

1. The Police Chief shall refer the application to any other City departments as necessary to complete his or her review of the application.

2. The Police Chief shall review the results of the background check and if any owner or operator has been convicted of any crime listed in California Business and Professions Code Section 19323 the applicant shall fail the background check and shall be ineligible to receive a permit. The City shall not disclose the results of the background check to any private party.

3. The application, or competing applications, if applicable, shall also be subject to a preliminary review conducted by the Police Chief and the City Manager. The Police Chief and City Manager shall make such recommendations to the Planning Commission as they deem appropriate based on their review.

4. A site visit within thirty (30) days of application.

5. Fire Marshall review and approval required.

b. Within sixty (60) days after completion of the Police Chief’s investigation, the application shall be scheduled for a hearing before the Planning Commission where the Planning Commission may either grant or deny the application in accordance with the provisions of this section. (Ord. #201-2017)