At the May 4, 2021, council meeting, the council chose to award preliminary approval to the two applicants who received unanimous support, Responsible and Compliant Retail Fairfield LLC (dba Embarc) and J.J.V.I. Enterprises Inc. (dba The Bright Spot). The council did not decide on the remaining two retail cannabis permits. After closing the public hearing, and while discussing the council’s top applicants, Councilwoman Moy raised concerns about the applicant, The Showcase LLC. Ms. Moy based her concerns on additional information that at the time was not in the public hearing record. Councilmembers moved to continue the item to allow for more discussion on the council’s top applicants and to enter the information referenced by Ms. Moy into the public record.

A limited public hearing was held on June 1, for the sole purpose of allowing The Showcase LLC and any other interested persons to address the new information only. Following the close of the public hearing, the council continued their discussion on their top applicants and the remaining cannabis retail permits. The council chose to award preliminary approval to The Showcase LLC and Authentic Fairfield LLC. Council directed staff to return to the council with resolutions for approval to award a commercial cannabis retail permit to operate for these two selected applicants. With approval of these resolutions, all remaining cannabis retail permits will be assigned.

At council’s direction, staff prepared resolutions that set forth findings of the council and the final conditions of approval for the selected applicants. The resolutions authorize the city manager to issue a commercial cannabis business permit to each of the three applicants upon successful completion and satisfaction of the remaining requirements of FMC Chapter 10E and the conditions of approval. FMC Chapter 10E outlines additional requirements that a successful applicant must satisfy prior to the issuance of the permit and start of operations which includes obtaining LiveScans (fingerprinting and background checks) of all owners, passing building inspections, entering into a community relations agreement with the City, and other similar requirements included in FMC Chapter 10E.

Staff prepared conditions of approval for each of the selected applicants to ensure compliance with FMC Chapter 10E, state and federal law, and the contents of their applications. The community benefits offered in each of the applicant’s application as part of their community relations plan are included as conditions of approval. The details and obligations, and the way each chosen applicant verifies discharging said obligations shall be memorialized in a community relations agreement with the City.  

Either within their application or during their presentation to council, each of the chosen applicants committed to providing community benefits that are more detailed than, and in excess of, city code requirements. For example, applicants committed to providing a percentage of sales or income to support community outreach and educational efforts and to providing certain employee benefits. In the instances where an applicant has made such a commitment, staff included that commitment as a condition of approval to be included in the required community relations agreement. This ensures that all chosen applicants operate their business in the manner presented to and approved by the council. The council may seek to modify the conditions of approval or request additional conditions of approval, including community benefits, as they see fit.  

The Cannabis Operators Community Benefits Matrix (attached hereto) highlights a selection of the most significant community benefits proposed by each of the chosen applicants. The specifics of these community benefits and the manner in which each applicant proposes to provide them vary across all applicants. They are unique to each applicant’s business plan, abilities, backgrounds, and interests; therefore, staff does not believe it would be appropriate to apply a single set of uniform conditions to all applicants.  However, there are two conditions which staff believe are appropriate to apply to all retail applicants. Those conditions are outlined below.  

1. The selected applicants are conditioned to hire a minimum of 75% local employees. All applicants stressed the importance of local hiring and both The Showcase and Authentic Fairfield committed to local hires in their applications. After consultation with the city attorney, staff proposed a local hire minimum of 75% to be applied uniformly for all applicants.

2. The selected applicants are conditioned to provide a compassionate care program which provides reduced and no-cost medicine to low income and seriously ill patients in accordance with the regulations set forth by the Bureau of Cannabis Control. Both Responsible and Compliant Retail and J.J.V.I. Enterprises committed to providing a compassionate care program within their applications, The Showcase and Authentic Fairfield did not propose such a program. The ability to provide reduced or no-cost medicine to individuals such as those with terminal illnesses or suffering from P.T.S.D. is a substantial benefit to the residents of Fairfield that staff believes appropriate to require of all applicants. With the inclusion of this condition, all four selected retail applicants will be required to provide a compassionate care program.  

Upon satisfying the conditions of approval and remaining requirements of FMC Chapter 10E, the city manager may issue a permit to the chosen applicants. Staff anticipates this to occur as early as Fall 2021; however, the speed at which this occurs is entirely dependent upon the applicants.  

Amy Kreimeier, Senior Planner
(707) 428-7450

akreimeier@fairfield.ca.gov