Commercial Cannabis Permit Program
Commercial Cannabis Businesses Overview:
The City of Hayward allows commercial cannabis businesses to operate in the City. The following commercial cannabis business activities are allowed in the City:
- Delivery, including non-storefront Retail
- Manufacturing (Type 1 and 2)
- Microbusiness (Type 12)
- Testing Laboratory
- Storefront Retail*
*Applications for new Storefront Retail Dispensaries are not currently being accepted; however non-storefront retail applications, as part of a Commercial Cannabis Delivery operation, or ancillary storefront retail, as part of a Commercial Cannabis Microbusiness (Type 12), will continue to be accepted until further notice.
Permitting Process Overview:
To operate a commercial cannabis business in the City, a Commercial Cannabis Permit, land use entitlement (if applicable), State License and business license are required. However, applicants must undergo a preliminary determination of eligibility process prior to applying for a Commercial Cannabis Permit.
Commercial Cannabis Preliminary Determination of Eligibility Process:
Prior to the submittal of a Preliminary Determination of Eligibility, applicants are encouraged to check the City’s GIS map, which shows the zoning districts where different cannabis activities are allowed. For questions or clarifications about this map, please contact the Planning Division at (510) 583-4200 or email: firstname.lastname@example.org.
Prospective commercial cannabis businesses shall complete a Preliminary Determination of Eligibility application. Preliminary Determination of Eligibility Applications are subject to all the screening criteria in Chapter 6, Article 14 of the Hayward Municipal Code.
Preliminary Determination of Eligibility applications are currently being accepted through Friday, March 31, 2023. The completed application form with all the supporting information and fees must be submitted for review and procession through the City's e-permitting system. Application fees and deposit information can be found at:https://www.hayward-ca.gov/your-government/documents/master-fee-schedule
Any questions or inquiries about this process should be forwarded in writing to Rozalynne Thompson, Senior Planner, at Rozalynne.Thompson@hayward-ca.gov.
Commercial Cannabis Business Permit Process:
If the Preliminary of Determination of Eligibility has been approved, prospective Commercial Cannabis Businesses will be invited to submit a formal Commercial Cannabis Business Permit and any associated land use entitlement application, if required. Commercial Cannabis Businesses are subject to compliance with Chapter 6, Article 14 of the Hayward Municipal Code and Chapter 10, Article 1, Section 3600 of the Hayward Municipal Code. In addition, all Commercial Cannabis operations are subject to all other applicable regulations from the City’s Zoning Ordinance and State laws.
Applicants shall complete the application and submit the required documentation and fees to the City’s e-permitting system. Please review the application checklist for submittal requirements and more information.
Commercial Cannabis Land-Use Permit Process:
If a land use entitlement (i.e. Conditional Use Permit) is required, the land use entitlement process will be concurrent with the Commercial Cannabis Business Permit process and will be overseen by the City of Hayward’s Planning Division. Projects are reviewed for compliance with the applicable development and operational standards, building codes, and fire codes (including hazardous materials), off-street parking requirements, and any other applicable local and State regulations. For more detailed land use requirements for all commercial cannabis activities, please review Chapter 10, Article 1, Section 3600 of the Hayward Municipal Code (Cannabis) for additional information.
Applicants shall complete the application in the City’s e-permitting system. Please review the application for submittal requirements and more information. Application fees and deposit information can be found at: https://www.hayward-ca.gov/your-government/documents/master-fee-schedule
All commercial cannabis businesses must have a valid State license to operate in Hayward. The State will require evidence that an applicant is in compliance with all City regulations and ordinances prior to issuing a State license. More information can be found on the Department of Cannabis Control’s (DCC) website at http://www.bcc.ca.gov/.
Once the Commercial Cannabis Business Permit and, if required, the land use entitlement have been approved, then an application for a business license must be submitted. Please see the City’s business license website for more information or call the Revenue Division at (510) 583-4000 or email at businesslicense@Hayward-ca.gov.
Commercial Cannabis Business Permit Renewal:
Commercial Cannabis Business Permits are valid for a period of one year from the date of issuance and shall be renewed annually. Permittees may apply for renewal in writing no later than sixty (60) days before the expiration of the current permit. The application for renewal shall include:
- A statement updating information from the original permit application or certifying that the information contained in the original permit application is unchanged.
- Verification that the permittee has renewed or is in the process of renewing a previously issued state cannabis license and is otherwise in compliance with the requirements of state law.
- Authorization for updated criminal background checks.
- Payment of the required renewal fee, as established per the City’s Master Fee Schedule https://www.hayward-ca.gov/your-government/documents/master-fee-schedule
Applicants must also maintain all required business and operating records noted in per Section 6-14.15 of Chapter 6, Article 14 of the Hayward Municipal Code, and be subject to annual audits to verify compliance with all Commercial Cannabis Business Permit and land use entitlement conditions. In addition, permittees shall allow inspection of any permitted facility by Code Enforcement, the Building Official, Fire Marshal or their designees, Police Department, Planning Division, and other City officials to verify compliance with applicable building and safety regulations. Any violations noted shall be corrected within a reasonable time as determined by City staff. Failure to correct violations or pay applicable fees, charges, taxes, or deposits may result in denial of a permit renewal request.
For questions about the Commercial Cannabis Business Permit Renewal process or to request a renewal of your Commercial Cannabis Business Permit, please contact the City’s Code Enforcement Division at 510-583-4143.
Transfers of Ownership:
Transfers of ownership interests that result in new majority ownership are not permitted and operators will be required to re-apply for a new Commercial Cannabis Business Permit, consistent with the provisions outlined in Chapter 6, Article 14 of the Hayward Municipal Code.
A permittee shall notify the City if it intends to transfer partial ownership or operational control of a commercial cannabis business and shall complete and submit a New Owner Attestation Form prior to any partial ownership transfer and pay the additional fee associated with the background/LiveScan check. The transferee shall be responsible for complying with all applicable local and state licensing requirements. Any conditions imposed upon the transferor by the original conditional use permit shall be binding upon any subsequent transferees.
Any transfer of ownership or operational control of a commercial cannabis business which results in a lapse of normal operations for a period of six (6) months or more shall be required to obtain a new Conditional Use Permit, if applicable, consistent with Sections 10-1.3170 or 10-1.3270 of the Hayward Municipal Code. Any changes to the approved business name, changes to the product marketing, and/or rebranding of the commercial cannabis business are also subject to review and approval by the City prior to any changes.
Required Permit Fees/Deposit:
Application fees and deposit information for all Commercial Cannabis Businesses, including annual Commercial Cannabis Business Permit renewals can be found at: https://www.hayward-ca.gov/your-government/documents/master-fee-schedule.
For More Information: