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Phase III Applicant Interview Questions

In response to requests from several applicants, the questions posed to each applicant during the Phase III Interview process are provided below.

Indio Interview Questions

Phase III Interview Guidance Documents

Following the April 5, 2023 City Council meeting, City staff, in a continued effort to be transparent regarding the City’s cannabis storefront retail business permit application process, reviewed all City cannabis records and consulted with HdL, its cannabis consultant. HdL provided the documents below to the City that it utilized during the recent Phase III interview process to assist the City interview panel in conducting the interviews.

Interview Scoring Guidance

Indio Panelist Instructions

Cannabis Appeal Fee Link:

Parties wishing to appeal the Phase III results should submit by clicking the below link that will connect to a payment portal. Please note that the appeal fee is $3,632.58. In addition, effective 4/25/2022, customers using credit/debit cards to pay for services will be charged a service fee payable to the City’s merchant service provider at the rate of 3.0% in addition to the cost of services. This is not a fee paid to the City. The credit card service fee will be reflected as a separate transaction on your credit card statement. Additionally, the City provides an option for e-check payments for a flat fee of $1.95, also payable to the City’s merchant service provider. Please select the e-check option at checkout if you wish to use this payment method.

To pay appeal fee, click here!

City of Indio – Summary of Indio Commercial Cannabis Business Permit Phase III Reviews

The City of Indio has completed Phase III (Interviews) of its Cannabis Business Permit application process. Please find below a summary of the total Phase III scores for each applicant as well as the scores for applicants for each of the evaluation categories. The maximum number of total points for each of the evaluation categories are found on Page 6 of the previously issued City of Indio Application Procedure Guidelines and Review Criteria document and are specified below:

Maximum number of total points for the Phase III interview process = 1,600 points

Maximum number of total points for the each evaluation category of the Phase III interview process:

Qualifications of Owners (400 Points)
Neighborhood Compatibility (400 Points)
Community Benefits and Investments Plan (400 Points)
Proposed Site Plan (400 Points)

Total Individual Applicant Scores

Interview Scoring (by Category)

Update on Processing of Cannabis Applications

At the close of the submittal period the city received a total 13 applications. As of November 7th, 2022, all 13 applications have been reviewed for completeness and are eligible to advance to Phase II Application Evaluation and Review. Phase II is expected to close on December 12th. Applicants are encouraged to monitor the City’s web page for additional information and updated.

Timeline for Commercial Storefront Retail Business Permits Application Process

Please find below the City’s current application process timeline for Cannabis Storefront Retail Business Permits. Please note that these timelines are subject to change and as such, it is recommended that you check back regularly for any timeline updates.

Date	Action
Sept 1, 2022	Application Period Opens
Oct 6, 2022	Application Period Closes
Oct 13, 2022	Applications transferred to HdL for Phase I Review for Completeness
Oct 14 – 19, 2022	Phase I Determination of Eligibility
Oct 21, 2022	Results of Phase I Determination of Eligibility Letter emailed to Applicants
Oct 28, 2022	Deadline for Applicants to submit omitted Application material
Oct 31 – Nov 4, 2022	HdL to evaluate supplemental material for final Determination of Eligibility
Nov 7, 2022	Final Phase I Eligibility Letter will be emailed to Applicants / City to post Phase I Results to City website
Nov 8 – Dec 9, 2022	Phase II Application Evaluation and Review
Dec 12, 2022	City to receive Evaluation and Scoring Reports for each Application, Phase 2 Scoring and Ranking Report, Individual Background Reports
Dec 12 – 16, 2022	City to review and consider Phase II Results
Dec 19, 2022	Phase II Result Letters emailed to all Applicants. Passing Applicants will receive instructions for Phase III Interviews, Failing Applicants will receive a letter with appeal instructions
Dec 19, 2022 – Jan 20, 2023	Phase II Appeal Period
Jan 30 – Feb 1, 2023	Phase III Interviews, Staff Selection Committee to conduct merit-based interviews
TBD	Phase IV City Council Interviews and Final Decision (dates based on council’s availability)

Cannabis Storefront Retail Businesses

Information Webpage

City of Indio Cannabis Submittal and Payment Portal :

(Please note the required cannabis applicate fee must be paid in order for your application to be processed)

FEES

All Applicants will be required to submit a fee of $10,856. This amount will be charged against time spent by City staff and the Consultant in reviewing applications and administrating the application process. Applicants may be required to pay additional amounts, as required, for the sole purpose of the City’s completion of the application review process. Payment must be made by credit card through the online payment portal, or by mail through a certified check, cashier’s check or money order made payable to the City of Indio. Please note that payment by credit card will include a separate processing fee. Applicants paying by certified check, cashier’s check or money order must submit payment by mail to the following address:

Community Development Department
Attn: Administrative Assistant
Indio City Hall
100 Civic Center Mall
Indio, CA 92201

Payments sent by mail shall clearly indicate which application is associated with the certified check, cashier’s check or money order, and must be postmarked no later than October 6, 2022. The City will not accept payment by cash. Application fees are non-refundable once the City has begun reviewing the application. A separate fee for the Zoning Verification Letter (ZVL) of $452 per site and a Background Check Fee of $300 per owner, will also be required.

The City of Indio City Council has recently authorized storefront retail and non-storefront retail cannabis businesses in the City. Cannabis lounges are allowed in association with a storefront retail business operation, but are not allowed to be operated as a stand-alone business. Please note that all other forms of cannabis business activity including but not limited to cannabis cultivation, cannabis manufacturing, cannabis testing and cannabis transportation and distribution facility are not currently allowed within the City.

On June 27, 2017, Governor Brown signed into law the Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) which consisted of legislation (SB94) intended to provide a comprehensive regulatory framework for the licensing, control and taxation of medical and adult-use cannabis related businesses in California. MAUCRSA expressly protects a City’s local licensing practices and zoning authority, and allows local governments to enact ordinances relative to allowing or prohibiting cannabis-related business and activities. The act also required compliance with any and all local requirements for cannabis-related operations as a condition of state licensure.

On December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City. On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city

On July 20, 2022, the City Council adopted Resolution No. 10313determining the number of Cannabis Storefront Retail Business Program Permits to be issued in the City, which is currently limited to five citywide.

On July 20, 2022, the City Council adopted Resolution No. 10314 establishing procedure guidelines and review criteria to govern the application and selection process for Cannabis Storefront Retail Business Program Permits. Please note that the City Council will separately adopt in the future procedures governing Cannabis Non-Storefront Retail businesses.

On July 20, 2022, the City Council reviewed and discussed proposed fees for Cannabis Storefront Retail Business Permits and gave direction to City staff to advertise for a public hearing and fee adoption consideration at its August 17, 2022 meeting. More information regarding the proposed fees can be found under Frequently Asked Questions (FAQ).

CITY OF INDIO CANNABIS STOREFRONT RETAIL BUSINESS APPLICATION FORMS:

Zoning and Buffers for Cannabis Storefront Retail Businesses

Zoning and Buffers Map

Cannabis Policy Actions by the City Council

Which State of California agency issue licenses for cannabis retail businesses?

Can I operate a cannabis business with only a state or City license?

What is the application period for Cannabis Storefront Retail Business Permits?

Where can I find the cannabis application?

Required application forms for cannabis-related businesses can be found on the bottom of this page, or by using the following link: Indio Cannabis Information Webpage.

Please note that the City will only be accepting online applications during the open application period that will begin at 12:00 a.m. on September 1, 2022 and end at 4:00 p.m. on October 6, 2022.

The City will not be accepting mailed or in-person/over the counter applications.

How many permits will the City be issuing?

On July 20, 2022, the City Council passed Resolution No. 1013 limiting the total number of citywide Cannabis Storefront Retail Business Permits to 5. Subsection 123.10 (C) of the Indio Municipal Code specifies that the number of each type of Cannabis Business that shall be permitted to operate in the City shall be established by resolution by the City Council. Subsection 123.10 (D) of the Indio Municipal Code specifies that notwithstanding Section 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15,000) residents in the City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio and that the population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau. The City Council decided that a total five (5) allowable Cannabis Storefront Retail Business Program permits based on the current census population for the City of Indio of 90,416 persons (Source: 2020 U.S. Census).

Subsection 123. 10 (E) of the Indio Municipal Code specifies that each year following the City’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution.

Subsection 123.10 (F) of the Indio Municipal Code specifies that the City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified.

Is it true that Indio is allowing consumption lounges?

Yes, the City is allowing consumption lounges, however, they must be in association with a permitted cannabis retail business operation and cannot be operated as a stand-alone business. Applicants interested in operating a cannabis lounge should note this on their application form. Additional information for operating a cannabis lounge will be provided after retailers have been selected through the competitive application process.

What are the City's fees for Cannabis Storefront Retail Business Permits?

The following are the proposed cannabis storefront retail business permit fees that will be considered and potentially adopted by the City Council on August 17, 2022 following a required public hearing. Please note that these fees include the City’s 3.64 percent technology fee.

Fee Description	Fee Amount
Annual Regulatory Fee for Cannabis Retail Storefront Business Permit Recipients	$23,082.70
Application Fee for Cannabis Retail Storefront Retail Businesses	$10,856.00
Appeal Fee	$3632.58
Application Renewal Fee	$260.40
Background Investigation (Owner/Manager)	$310.92
Background Investigation Renewal (Owner/Manager)	$103.64

Where can a licensed cannabis business be located in the City?

Per Ordinance No. 1779, The City’s zoning code specifies the zoning restrictions for each type of Commercial Cannabis Activity as well as the sensitive use and location restrictions that apply to each type of Commercial Cannabis Activity.

Ordinance No. 1779 specifies that cannabis storefront and non-storefront retail businesses are permitted in the following land use districts:

1. All commercial land use districts except on properties zoned Neighborhood Commercial

2. All Mixed-Use land use districts

3. On properties regulated by a Specific Plan or Project Master Plan that permit commercial land uses except for properties zoned or designated as Neighborhood Commercial within the applicable Specific Plan or Project Master Plan

A cannabis business shall be a minimum of 250 feet from any church located in a residential zone.

Further, a Cannabis Business must meet the following rules relating to proximity to sensitive uses:

Shall be no closer than six hundred (600) feet from any zoned parcel in the City designated as a sensitive use. Sensitive uses are defined as:

- A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12)

- A commercial daycare center licensed by the State, County or City

- A Youth Center that is further defined as:

- A public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:

- A private youth membership organizations or clubs

- Social service teenage club facilities

- Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business

- Similar amusement park facilities

- Must be used for youth activities at least 60 percent of the time in a calendar year

- A park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on City, county, or state parks.

PLEASE NOTE:

Youth centers shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

For both the 600-foot and 250-foot buffers, if a sensitive use or church is in existence at the time the permit is applied for, the applicant may not be able to locate the cannabis storefront retail business due to their presence. An applicant must obtain a Zoning Verification Letter from the City to be included in the submitted application. The Zoning Verification Letter can be applied for at any time by submitting the required application and paying the required application fee available on the City’s website. Please note that if sensitive uses are not present and are constructed after a cannabis storefront retail business permit is issued, the permit status shall be unaffected by their presence.

The distance between cannabis storefront retail businesses and sensitive uses and churches in residential zones shall be determined by the horizontal distance measured in a straight line from the closest property line of the sensitive use to the closest property line of the lot on which the cannabis storefront retail business is to be located, without regard to intervening structures.

You can review the various zones and required 600-foot sensitive uses buffer and 250-foot buffer from churches in residential zones on the following interactive map: Zoning and Buffers for Cannabis Storefront Retail Businesses

The Cannabis Map provides information about where cannabis businesses may locate within the City of Indio. The map identifies sensitive use buffers restrictions, including schools, parks, churches and youth centers. In addition, the map displays zoning districts established through Title XV of the Indio Municipal Code, and how they apply to cannabis facilities. This Map has been created from a subset of data from the City of Indio Geographic Information System (GIS) database. Map information is believed to be accurate, but accuracy is not guaranteed. Although the City strives to provide the best data that it can, it is provided for informational and preliminary planning purposes only. The City makes no claims, representations, or warranties (express or implied) concerning the validity, reliability, or accuracy of the information depicted on this map. The City cannot guarantee the currency of the information contained in this map, and decisions regarding the purchase or lease of real property for the purpose of operating a cannabis business should not be based upon the information depicted on this map or on the data displayed. City departments will not necessarily approve applications or permits based solely on the GIS data displayed in this map or any subset thereof. Actual field conditions will determine whether or not a cannabis business is located in conformance with applicable laws. All information and data on this map is subject to change without notice.

You can also obtain the operational requirements standards for cannabis retail businesses by reviewing Ordinance No. 1780

Are criminal background checks required?

Yes. Each Owner as defined in Chapter 123.06 (N) must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per IMC Chapters 123.08 and 123.37 (K). Owners who do not meet the criminal history eligibility requirements of Chapter 123.37 (K) will be disqualified. The background form can be found online here.

The initial background check fee for each owner shall be $300.00. This process will be required to meet the minimum threshold qualifications pursuant to IMC Chapter 123.37 (K). In addition, each successful Applicant will be asked to submit to a Live Scan as part of the background check as determined by the Chief of Police. Prior to being issued a permit, the Applicant’s primary contact will be notified by email with the instructions on how to schedule the Live Scan appointment.

Will the City tell me before i apply whether my proposed business location complies with the zoning, sensitive use and location restrictions?

As part of a complete application packet, an Applicant must obtain a Zoning Verification Letter (ZVL) from the City’s Community Development Department. To secure this letter, an Applicant must make a written request to the Community Development Department which should specify the intended use of the building, and the proposed building location. Please advise the City if you currently occupy the premises or if there is a tenant currently occupying the premises and what type of business activity is being conducted. The issuance of a ZVL does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory permit for a CCB does not constitute a permit that runs with the land on which the cannabis business is established.

How do i find out the status of my application?

Is the application fee refunded if the business is denied a license?

Is cannabis still illegal under federal law?

Can i consume cannabis while driving a vehicle? Are there "open container" cannabis laws?

It is unlawful for a person to consume cannabis while driving. It is also unlawful for a person who is under the influence of cannabis to operate a vehicle. It is unlawful for a person to possess “open containers” of cannabis -- any receptacle containing any cannabis or cannabis products which has been opened or has a seal broken, or loose cannabis flower not in a container -- while driving, unless placed in the trunk of the vehicle.

How will law enforcement determine if a driver is under the influence of cannabis?

Can I travel outside of California

Where can I buy legal cannabis in the City?

Can I sell cannabis in the City?

Are there any public health resources about cannabis in California?

Where do I submit a complaint about cannabis businesses in the City?

Section B of the Phase II Evaluation includes the following Criteria: "Application commits to offering employees a Living Wage, as defined by the Living Wage calculator (https://livingwage.mit.edu)."

Who do i contact if i encounter technical problems with the online criminal background-check portal

Do I need to include information relating to my cannabis delivery and/or lounge operations in my response to Evaluations Criteria Section A-G?

Written responses to Evaluation Criteria Sections A-G should focus primarily on storefront retail operations. Applicants intending to operate cannabis deliveries and/or consumption lounges should communicate this intent through the Commercial Cannabis Business Permit Application form, under the section entitled “Applicant (Entity) Information.” No additional information regarding proposed delivery and/or consumption lounge operations is required in Applicant written responses to Sections A-G of the Evaluation Criteria. Nothing within the Application Procedures and Guidelines prohibits an Applicant from providing information relating to their proposed delivery and/or consumption lounge operations in their written responses. However, Applicants should be aware that no additional points will be awarded during Phase II evaluation to Applicants who provide additional information related to proposed delivery and/or consumption lounge operations in their written responses. For Applicants selected to progress to Phase III interviews, the City reserves the right to ask questions related to proposed delivery and/or consumption lounge operations, if the Applicant selected one or both of these options on the Permit Application form. Additional information regarding Phase III evaluation will be provided to Applicants prior to the start of interviews. Please note that the City reserves the right to address delivery and/or consumption lounges by the addition of conditions and/or operation agreements..

How will specific Evaluation Scoring Criteria be weighted during Phase II and/or Phase III Evaluations?

How will Phase III Interviews be scored?

Does the City allow for transfer of ownership after a permit has been issued?

Transfer of ownership in a Cannabis Business Permit is authorized under Section 123.27 of the Indio Municipal Code. Pursuant to Section 123.27, the owner of a Cannabis Business Permit shall not transfer ownership or control of the permit to another person or entity “unless and until the transferee obtains an amendment to the permit from the City Manager. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with the provisions of this Chapter.” The City Manager has not yet created the application forms and/or procedures for transfer of ownership. The City Manager reserves the right to promulgate additional regulations, standards and other legal duties governing the transfer of ownership under the authority of Section 123.43 of the Indio Municipal Code including, but not limited to, restrictions on the ability to transfer permits within a minimum timeframe after receiving a business permit.

Additional Information/Resources

Meeting Videos:

Click Here to view the City of Indio Cannabis Storefront Retail Business Permits Meeting

Questions

If you have any questions or would like more information, please contact the City’s Cannabis Hotline at: 760-541-4207 or email: cannabis@indio.org.

Cannabis Storefront Retail Businesses Information Webpage

(Please note the required cannabis applicate fee must be paid in order for your application to be processed)

CITY OF INDIO CANNABIS STOREFRONT RETAIL BUSINESS APPLICATION FORMS:

Additional Information/Resources

Cannabis Storefront Retail Businesses

Information Webpage