1609(b)(16) Premises Diagram Rulemaking

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Background

Pursuant to Section 1609(b)(16) of the San Francisco Police Code, every Cannabis Business Permit Applicant is required to provide a detailed, scaled diagram of the proposed premises that shows the boundaries of the property and all entrances, exits, interior partitions, walls, rooms, doorways, and common or shared entryways. This diagram must also show the areas in which all Commercial Cannabis Activity will take place, including but not limited to areas where access will be limited to employees of the Cannabis Business and where customer access will be prohibited. If the proposed premises consists of only a portion of property then the diagram shall reflect the premises used for Cannabis activity and describe the use for the remaining portion of the property.

The following rules apply to the development of the premises diagram requirement and the rules governing changes to a premises after a Cannabis Business Permit is issued.

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Definitions

Where these rules use terms defined in Article 16 of the Police Code, the Article 16 definitions of those terms shall also apply to these rules.

"Cannabis Odor Ventilation System" means a ventilation system capable of removing all detectable odors, smoke, and by-products.

"Limited Access Area" means an area in which cannabis goods are stored or held and is only accessible to a Permittee and its employees and authorized individuals.

"Retail Area" means a building, room, or other area that is open to the public, upon the permitted storefront retailer or permitted microbusiness premises authorized to engage in storefront retail sales in which cannabis goods are sold or displayed.

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Rules

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Mandatory Requirements for Premises Diagram

1. Any applicant seeking a Cannabis related permit are required to provide a complete, detailed and legible premises diagram ("diagram") of the proposed premises to the Office of Cannabis.
2. This diagram must be submitted in a digital format and be to scale.
3. The diagram shall not contain any highlighting and the markings on the diagram shall be in black-and-white print.
4. Separate floors must be shown on separate pieces of paper and clearly identified (e.g. basement, first floor, second floor).
5. If multiple floor plans are submitted to satisfy all of the requirements outlined in these rules, the physical layout and room uses must be identified for each floor plan showing the same section of the premises.
6. At minimum, the diagram must include the following information:
   1. The boundaries of the property and the proposed premises to be permitted, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, doorways, common or shared entryways.
   2. If the proposed premises consists of only a portion of a property, the diagram shall reflect the premises used for commercial cannabis activity and describe the use for the remaining portion of the property, including any areas shared with other Permittees.
   3. If the proposed premises consists of only a portion of a property that will contain two or more premises (for two or more proposed cannabis businesses), the diagram shall clearly show the designated entrances and walls under the exclusive control of the applicant for the premises, as well as the designated entrances and walls for each additional premises.
   4. The address of each premises for which a permit is being sought. If the premises covers multiple addresses, all addresses covered by the premises shall be reflected on the diagram.
   5. A brief and specific description of all cannabis-related activity that will take place in each area of the premises including, but not limited to: infusion, extraction, storage, batch sampling, loading or unloading of shipments, packaging and labeling, customer sales, loading for deliveries, cultivation and processing.
   6. Identification of all Limited Access Areas.
   7. For all diagrams other than those depicting a Cannabis Testing Facility, a designated area for a fireproof safe.
   8. Designated secured area(s) for cannabis waste.
   9. Designated area for storage of hazardous materials and hazardous waste, if applicable.
   10. Location of all surveillance cameras.
       1. Each camera shall have an assigned number to for identification purposes.
   11. Designated area where surveillance recordings will be stored.
   12. Common use area(s) or shared areas meant to be used by multiple Permittees, if any, such as lobbies, hallways, bathrooms, or break areas.
   13. Designated processing area(s) if the Applicant will process on site.
   14. Designated packaging area(s) if the Applicant will package products on site.
   15. Designated composting area(s) if applicant will compost cannabis waste on the premises.
   16. The location(s) of Cannabis Odor Ventilation Systems.

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Additional Requirements for Storefront Retailers

17. Designated area for medical cannabis customer consultation, pursuant to Section 1609(h)(4).

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Additional Requirements for Storefront Retailers Seeking Delivery Authorization & Delivery-Only Retailers

18. Location where cannabis products for delivery will be packaged for delivery, transported to vehicles, and, if applicable, returned by the drivers.
19. Location where the delivery vehicles will be parked while employees transport inventory to and from the delivery vehicles.

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Additional Requirements for Storefront Retailers Seeking Consumption Authorization

20. Locations of consumption, including information concerning the types of consumption allowed or for which a consumption permit is being sought.

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Additional Requirements for Cultivators

21. All roads and water crossings on the property, if applicable.
22. If the applicant proposes to use diversion from a waterbody, groundwater well, or rain catchment system as a water source for cultivation, the following locations on the property diagram with locations also provided as coordinates in either latitude and longitude or the California Coordinate System:
    1. Sources of water used, including the location of waterbody diversion(s), pump location(s), and distribution system.
    2. Location, type, and capacity of each storage unit to be used for cultivation.
23. Any other proposed water storage, pursuant to Section 1609(c)(4).
24. Canopy area(s), which shall contain mature plants at any point in time, including square footage by individual space, and aggregate square footage.
    1. For Applicants using a shelving system, the surface area of each level shall be included in the total canopy calculation.
25. Area(s) outside of the canopy where only immature plants shall be maintained, if any; this area shall not be shared with any other Permittee.
26. Designated pesticide and other agricultural chemical storage area(s).
27. Designated area(s) for harvested cannabis storage.
28. Designated research and development area(s) which may contain mature plants, if the Applicant will be conducting research and development that require a plant to flower;
29. Designated seed production area(s) which may contain mature plants.
30. Lighting system with the following information:
    1. Location of all lights in the canopy area(s); and
    2. Maximum wattage, or wattage equivalent, of each light.

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Additional Requirements for Non-Volatile Manufacturers

31. If serving as a shared-use facility, indicate the designated area to be used by any secondary operator(s); detail where each secondary operator will store its cannabis, cannabis concentrates, and cannabis products; and include all information otherwise required by these rules in connection with the entire premises, including for the designated area to be used by any secondary operator(s)

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Additional Requirements for Microbusinesses

7. A Microbusiness Applicant must reflect all premises diagram requirements associated with the types of commercial cannabis activity for which they are seeking a microbusiness permit.

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Modification of Premises Diagram after Permit Issuance

8. A Permittee shall not, without the prior written approval of the Office of Cannabis, make a physical change, alteration, or modification of the licensed premises that materially or substantially alters the premises or the use of the premises from the premises diagram originally filed with the Office of Cannabis.
9. Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to:
   1. The removal, creation, or relocation of a common entryway, doorway, passage, or a means of public entry or exit, when such common entryway, doorway, or passage alters or changes limited-access areas within the premises.
   2. The removal, creation, or relocation of a wall or barrier.
   3. Changing the activities conducted in or the use of an area identified in the last premises diagram provided to the Office of Cannabis.
   4. Modification to any area described in the licensee’s cultivation plan including, but not limited to, the removal, creation, or relocation of canopy, processing, packaging, composting, harvest storage, and chemical storage areas.
   5. Change in water or power source(s).
10. A Permittee wishing to materially or substantially change, modify, or alter a premises is responsible for filing in writing a modification request to the Office of Cannabis. The request for an approval of a physical change, alteration, or modification shall be submitted to the Office of Cannabis in writing, and the request shall include:
    1. A new premises diagram that meets all state and local requirements; and
    2. Any additional documentation requested by the Office of Cannabis to evaluate the Permittee’s request.
11. The Office of Cannabis shall review the Permittee’s written request for a modification and notify the Permittee if the premises modification is approved or denied.