§ 5.80.050. Equity Permit Program.

A.

Equity Criteria. Applicant ownership/owner must satisfy the following criteria:

1.

Be an Oakland resident; and

2.

In the last year, have had an annual income at or less than eighty (80) percent Oakland average median income (AMI) adjusted for household size; and

3.

Either (i) has lived in any combination of Oakland Police Department Beats 2X, 2Y, 6X, 7X, 19X, 21X, 21Y, 23X, 26Y, 27X, 27Y, 29X, 30X, 30Y, 31Y, 32X, 33X, 34X, 5X, 8X and 35X for at least ten (10) of the last twenty (20) years; or (ii) was arrested after November 5, 1996 and convicted of a cannabis crime committed in Oakland, California.

B.

Review of Criteria.

1.

Proof of Income shall be supported with federal tax returns and at least one (1) of the following documents: two (2) months of pay stubs, current Profit and Loss Statement, Balance Sheet, or proof of current eligibility for General Assistance, Food Stamps, Medical/CALWORKs, or Supplemental Security Income or Social Security Disability (SSI/SSDI)

2.

Residency must be for a total of ten (10) years in any combination of the designated Oakland police beats as set forth in Section 5.80.010 H.3. A minimum of two (2) of the documents listed below, evidencing ten (10) years of residency, shall be considered acceptable proof of residency. All residency documents must list the applicant's first and last name, and the Oakland residence address in the police beats set forth in Section 5.80.010 H.3:

• California driver's record; or

• California identification card record; or

• Property tax billing and payments; or

• Verified copies of state or federal income tax returns where an Oakland address within the police beats is listed as a primary address; or

• School records; or

• Medical Records; or

• Banking records; or

• Oakland Housing Authority records; or

• Utility, cable or internet company billing and payment covering any month in each of the ten (10) years.

3.

Proof of Conviction should be demonstrated through federal or state court records indicating the disposition of the criminal matter.

C.

Assistance. Equity Applicants will be eligible for participation in the Equity Assistance program, which will include industry specific technical assistance, business ownership technical assistance, no interest business start-up loans, and waivers from City permitting fees.

D.

Initial Permitting Phase.

1.

The period of time before the Equity Assistance Program referred to in OMC 5.80.050(C), is established, funded and implemented shall be referred to as the Initial Permitting Phase

2.

At any point during the Initial Permitting Phase, a minimum of fifty (50) percent of all permits collectively issued under OMC Chapters 5.80 and 5.81 shall be issued to Equity Applicants. This excludes the permits issued to the initial eight (8) dispensaries.

3.

In the Initial Permitting Phase, a General Applicant will receive the next available General Applicant permit if it serves as an Equity Incubator by providing free real estate or rent to an Equity Applicant who obtains a cannabis permit. In order to receive this permitting priority, the General Applicant must also comply with the following conditions:

a.

The free real estate or rent shall be for a minimum of three (3) years.

b.

The Equity Applicant shall have access to a minimum of one thousand (1,000) square feet to conduct its business operations.

c.

The General Applicant must provide any City required security measures, including camera systems, safes, and alarm systems for the space utilized by the Equity Applicant.

d.

The General Applicant is otherwise compliant with all other requirements of OMC Chapter 5.80 or 5.81.

4.

If a General Applicant obtains a cannabis permit utilizing the Equity Incubator priority provisions of OMC 5.80.050 D.3. and the Equity Applicant ceases its business operations, the General Applicant must:

a.

Notify the City Administrator within thirty (30) days of the Equity Applicant ceasing its business operations; and

b.

Re-apply for a cannabis permit subject to the permitting restrictions of this Chapter, including OMC 5.80.050 D.2.

5.

Failure to notify the City Administrator, submit a new application and obtain a new cannabis permit as required under OMC 5.80.050 D. is grounds for revocation and a violation of this Chapter.

E.

Renewal.

1.

In order to continue to receive new Equity Assistance Program services, an Equity Applicant must provide proof that it continues to satisfy the Equity Criteria at the time of its annual permit renewal.

2.

An Equity Applicant who no longer satisfies the Equity Criteria but is compliant with all other requirements of OMC Chapter 5.80 or 5.81 will be entitled to renew the permit but will no longer be entitled to receive new Equity Assistance Program services. Such an Applicant may utilize any services previously granted under the Equity Assistance Program, though, such as previously issued loans.

(Ord. No. 13504, § 3, 10-2-2018; Ord. 13464, § 3, 11-28-2017; Ord. No. 13424, § 3, 3-28-2017; Ord. No. 13370, § 3, 5-17-2016)

Editor's note

See editor's note to § 5.80.030.