RESOLUTION NO. BLC21–0009
A RESOLUTION OF THE BUSINESS LICENSE COMMISSION OF THE CITY OF WEST
HOLLYWOOD APPROVING CANNABIS
CONSUMPTION AREA (EDIBLES) BUSINESS LICENSE #CCE-000003 FOR THE BUSINESS KNOWN AS FANTOM FLOWER TO BE LOCATED AT 8811 SANTA MONICA BOULEVARD.
The Business License Commission of the City of West Hollywood hereby resolves as follows:
SECTION 1: Following the City’s cannabis application screening and scoring process, the top eight scoring applicants in each cannabis business license category (four in medical) were selected to move forward in the process of securing a business license from the City, acquiring any Planning Department permits, and acquiring a state cannabis license. Based on its score, Where Eagles Fly, LLC doing business as Fantom Flower, is authorized to move forward to secure a cannabis consumption area (edibles) business license. On April 22, 2021, Fantom Flower applied for a business license to operate a cannabis consumption area (edibles) at 8811 Santa Monica Boulevard.
SECTION 2: A public hearing was noticed and held by the Business License Commission on June 28, 2021, pursuant to Section 5.08.070 of the West Hollywood Municipal Code.
SECTION 3: Section 5.08.010 and 5.70.035 of the West Hollywood Municipal Code, requires approval of the Business License Commission before any Cannabis Business License is issued.
SECTION 4: The Commission finds that the applicant, Fantom Flower, has satisfied the application requirements as required by WHMC Sections 5.70.030 and 035 and has been reviewed for operational compliance with WHMC 5.70 and State regulations.
Based on the evidence in the record and testimony presented at the public hearing, the Commission further finds that the applicant and any prospective manager are 21 years of age or older; the applicant and any prospective manager has not had a similar type of license previously revoked or denied within the past two years; and the applicant and any prospective manager has successfully passed the background investigation required under WHMC Section 5.70.030(c). A zone clearance has been approved for this location to ensure it is sufficient distance from the specified sensitive uses.
Further, the grounds for denial of a business license under WHMC Section 5.08.080 do not exist. The proposed conditions promote safe and responsible operation. Thus, the Commission finds that the proposed business, as conditioned, can be approved.
SECTION 5: Based on the foregoing findings, the Business License Commission hereby approves Cannabis Consumption Area (Edibles) Business License #CCE-000003 for the business known as Fantom Flower, to be located at 8811 Santa Monica Boulevard with the following conditions:
General Conditions:
1. This resolution reflects the Business License Commission’s decision to approve cannabis business licenses subject to conditions. Following the Business License Commission’s decision, the license shall not be effective until the applicant has submitted all information required under the Applicant Checklist in compliance with the West Hollywood Municipal Code, to include the State of California Bureau of Cannabis Control license, and the licensee has received all required agency approvals as determined by the Director of Public Works or designee, including those from the City of Building and Safety Division, Planning Division (including an Administrative Permit for outdoor dining, Development Permit for outdoor restrooms, and any other permits deemed necessary), and all other required agencies. Following agency approvals, the applicant must submit the required documents to the Department of Public Works / Code Compliance Division at (323) 848-6375 for license issuance.
2. This license will be valid for a period of one year from the date of issuance and be subject to annual renewals.
3. This license is not assignable, except as permitted under WHMC Section 5.70.060.
4. This license may be subject to a review of the compliance with and adequacy of the conditions of this resolution prior to annual renewal.
5. Licensee shall post clearly visible signs at all entrances and exits and at both on and off-site parking areas, requesting patrons to respect residents of adjacent residential neighborhoods by being quiet when leaving, reminding patrons of the existence of permit parking districts within the neighborhoods adjacent to the business, and that the consumption of cannabis in public areas is not permitted pursuant to state law.
6. A responsible person shall always be on the premises to act as manager and supervise employees during business hours.
7. The applicant shall comply with the Noise Ordinance as found in WHMC Chapter 9.08. Noise complaints shall be immediately addressed.
public rights-of-way, or within any other unit located within the same building as the cannabis use. An odor absorbing ventilation and exhaust system shall be installed so that odor generated within the business area boundaries is not detected outside of the business area boundaries. The licensee shall comply with the approved Odor Control plan attached. Odor complaints shall be immediately addressed.
9. Licensee shall proactively monitor and resolve any issues involving disturbances, loitering or ingestion of cannabis in parking lots or surrounding streets, sidewalks, and alleys.
10. Licensee shall provide law enforcement and all neighbors within one hundred feet of the business with the name and phone number of an on-site community relations employee to notify if there are operational problems with the establishment.
11. Licensee shall employ a minimum of two (2) on-site security guards during all hours of operation. All security guards employed by the business shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. Neighborhood security guard patrols shall be conducted for a two-block radius surrounding the business during all hours of operation. Video surveillance cameras at the facility shall be monitored in real time by an individual 24 hours a day, seven days a week.
12. The licensee shall not employ security guards armed with firearms or tasers.
13. Upon presentation of proper credentials by any Code Compliance or Law Enforcement Officer, the licensee shall consent to entry of the place of business at all reasonable times to enforce the provisions of this business license or the West Hollywood Municipal Code.
14. Licensee shall operate in substantial compliance (as deemed by the City) with the business plan, the odor control plan, and the security plan as submitted in the Cannabis Business License application, as well as all commitments, statements, and items in the May 2018 pre-screening application, unless otherwise noted as a “deviation” in the business license application or deemed to be an insignificant change by the Director of Public Works.
15. On-site sales of alcohol or tobacco, and on-site consumption of alcohol or tobacco products by patrons or employees is prohibited.
16. All proposed structures must comply with zoning and building code regulations and pass all requisite inspections and receive all permits required under applicable law.
Consumption Area Specific Conditions:
regulations.
2. Licensee may sell any type of edible/ingestible cannabis product for consumption on-site in compliance with state packaging requirements and may sell combustible cannabis products for the purposes of smoking or vaping within the designated smoking area(s). The type of vaping products sold within the designated smoking area(s) shall be limited to single, individually packaged vape cartridges and pens of no more than one gram.
3. Licensee may have a smoking area(s) in compliance to West Hollywood Municipal Code Section 5.70.041(l)(2)(i)(ii); provided that the smoking area(s) shall be no greater than 50% of the premises or 1,500 square feet, whichever is smaller. The edible/ingestion only area(s) (non-smoking area) within the licensed premises must also be equal to or greater than the smoking area(s) within the premises, both the smoking area(s) and edible/ingestion area(s) shall be in compliance with the site plans approved with this resolution by the Business License Commission, attached to this resolution and incorporated herein by reference.
4. Licensee shall create patron consumption guidelines that may include the utilization of labels, menu notifications, signage, portion control, dosage monitoring, and staff education to prevent the overconsumption of the cannabis by patrons.
5. Cannabis and cannabis products that are purchased and partially consumed on-site may be taken off-site. Partially consumed items taken off-site must comply with state packaging requirements, including exit packaging requirements. The number of products taken off-site shall not exceed five items per patron, and no more than two of the five partially consumed items may be combustible products.
6. The applicable take-away limit for the business (five partially consumed items per patron, of which only two can be combustible) shall be clearly printed on the menus provided to patrons in the consumption areas.
7. Patrons may not leave the premises with any cannabis or cannabis products that have not been partially consumed.
8. Licensee shall make an announcement at closing requesting patrons to respect the residents of the adjacent residential neighborhoods by being quiet when leaving.
9. Cannabis consumption areas shall not be visible to the public or by any persons under twenty-one years of age.
10. Licensee shall stop service to impaired patrons and provide information on car services.
11. The sale of cannabis products shall only take place between 6:00 a.m. and 10:00 p.m., daily.
the hours of 10:00 p.m. and 2:00 a.m., unless specifically prohibited by the State Bureau of Cannabis Control, or other applicable agency, in which case, the consumption area will close at 10:00 p.m. No sales of cannabis or cannabis products shall occur between 10:00 p.m. and 2:00 a.m.
13. If the consumption area remains operational past 10:00 p.m., all cannabis and cannabis products offered for sale prior to 10:00 p.m. shall be secured and not visible to patrons in the consumption area.
14. Entry into the premises by persons under the age of twenty-one is prohibited.
15. The smoking or vaping of cannabis shall be done in compliance with WHMC Section 7.08.030 (Smoking Regulations).
PASSED, APPROVED AND ADOPTED by the Business License Commission of the City of West Hollywood at a regular meeting the 28th day of June 2021, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
________________________ Robert Saltzman, Chair
ATTEST:
_________________________
Danny Rivas, Code Compliance Manager