HomeMy WebLinkAboutC-20-34 The Artist Tree RedactedApplicant (Entity) Information
Application Type
Proposed Location
Commercial Cannabis Business
Permit Application
C-20-34
Submitted On: Dec 04, 2020
Applicant
Lauren Fontein
213-700-6858
lauren@theartisttree.com
Applicant (Entity) Name:
TAT Fresno LLC
DBA:
The Artist Tree
Physical Address:
1426 N. Van Ness Ave.
City:
Fresno
State:
CA
Zip Code:
93728
Primary Contact Same as Above?
Yes
Primary Contact Name:
Lauren Fontein
Primary Contact Title:
Owner
Primary Contact Phone:
(213) 700-6858
Primary Contact Email:
Lauren@theartisttree.com
HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR
ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?:
Yes
Select one or more of the following categories. For each
category, indicate whether you are applying for Adult-Use (“A”)
or/and Medicinal (“M”) or both
Both
Please make one selection for permit type. If making multiple
applications, please submit a new application for each permit
type and proposed location.
Permit Type
Retail (Storefront)
Business Formation Documentation:
Limited Liability Company
Property Owner Name:
Ryan Janisse on behalf of P&P Holdings, LLC
Proposed Location Address:
1426 N. Van Ness Ave.
City:
Fresno
State:
CA
Zip Code:
93728
Property Owner Phone:
(559) 448-9800, Ext. 107
Property Owner Email:
rjanisse@gmlegal.net
Assessor's Parcel Number (APN):
45112215
Proposed Location Square Footage:
Supporting Information
Application Certification
Owner Information
2756
List all fictitious business names the applicant is operating under including the address where each business is located:
TAT Fresno LLC dba The Artist Tree operating at 1426 N. Van Ness Fresno CA
Has the Applicant or any of its owners been the subject of any
administrative action, including but not limited to suspension,
denial, or revocation of a cannabis business license at any time
during the past three (3) years?
No
Is the Applicant or any of its owners currently involved in an
application process in any other jurisdiction?
No
I hereby certify, under penalty of perjury, on behalf of myself
and all owners, managers and supervisors identified in this
application that the statements and information furnished in this
application and the attached exhibits present the data and
information required for this initial evaluation to the best of my
ability, and that the facts, statements, and information
presented are true and correct to the best of my knowledge and
belief. I understand that a misrepresentation of fact is cause for
rejection of this application, denial of the permit, or revocation
of a permit issued.
In addition, I understand that the filing of this application grants
the City of Fresno permission to reproduce submitted materials
for distribution to staff, Commission, Board and City Council
Members, and other Agencies to process the application.
Nothing in this consent, however, shall entitle any person to
make use of the intellectual property in plans, exhibits, and
photographs for any purpose unrelated to the City's
consideration of this application.
Furthermore, by submitting this application, I understand and
agree that any business resulting from an approval shall be
maintained and operated in accordance with requirements of
the City of Fresno Municipal Code and State law. Under penalty
of perjury, I hereby declare that the information contained in
within and submitted with the application is true, complete, and
accurate. Iunderstand that a misrepresentation of the facts is
cause for rejection of this application, denial of a permit or
revocation of an issued permit. A denial or revocation on these
grounds shall not be appealable (FMC 9-3319(d)).
Name and Digital Signature
true
Title
Owner
Please note: the issuance of a permit will be determined based
on the application you submit and any major changes to your
business or proposal (i.e. ownership, location, etc.) after your
application is submitted may result in a denial.
All applications submitted are considered public documents for
Public Records Act request purposes.
For details about the information required as part of the
application process, see the Application Procedures &
Guidelines, City of Fresno Municipal Code Article 33 and any
additional requirements to complete the application process. All
documents can be found online via this link.
For questions please contact the City Manager’s Office at
559.621.5555.
Owner Name:
Lawrence Artenian
Owner Title:
Owner
Owner Address:
1111 E. Herndon Ave. Suite 317
Owner City:
Fresno
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
FOR COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION
To the fullest extent permitted by law, the City of Fresno (City) shall not assume any liability whatsoever with respect to
having issued a commercial cannabis business permit pursuant to Fresno Municipal Code Section. 9-3333 or otherwise
approving the operation of any commercial cannabis business or cannabis retail business.
In consideration for the submittal of an application for a commercial cannabis business permit application and/or issuance
of a cannabis business permit, and to the furthest extent allowed by law, Applicant does hereby agree to indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by City, Applicant or any other person, and from any
and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), arising
or alleged to have arisen directly or indirectly out of the issuance of a cannabis business permit. Applicant’s obligations
under the preceding sentence shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees,
agents or volunteers.
Applicant must, at the time of permit issuance, maintain insurance at coverage limits and with conditions thereon
determined necessary and appropriate from time to time by the City Manager.
Applicant shall conduct all defense at his/her/its sole cost. The fact that insurance is obtained by Applicant shall not be
deemed to release or diminish the liability of Applicant, including, without limitation, liability assum ed under this Agreement.
The duty to indemnify shall apply to all claims regardless of whether any insurance policies are applicable. The duty to
defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists
regardless of any ultimate liability of Applicant. The policy limits do not act as a limitation upon the amount of defense
and/or indemnification to be provided by Applicant. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Applicant, its officials, officers, employees, agents, volunteers or invitees.
City shall be reimbursed for all costs and expenses, including but not limited to legal fees and costs and court
costs, which the city may be required to pay as a result of any legal challenge related to the city's approval of the
applicant's commercial cannabis business permit. The City may, at its sole discretion, participate at its own
expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed
hereunder.
This Indemnification and Hold Harmless Agreement shall survive the expiration or termination of the Application
and/or Permit.
The undersigned acknowledges that he/she (i) has read and fully understands the content of this Indemnification
and Hold Harmless Agreement; (ii) is aware that this is a contract between the City and Applicant; (iii) has had the
opportunity to consult with his/her attorney, in his/her discretion; (iv) is fully aware of the legal consequences of
signing this document; and (v) is the Applicant or his/her/its authorized signatory.
Signed on this day of 2020.
Applicant Signature City Employee Signature
Print Name and Company Name Print Name
Address Title
Telephone Number Telephone Number
09811-0000\543539.8 1
LEASE AGREEMENT
This Lease Agreement (the “Lease”), dated effective as of September __,
2020 (the “Effective Date”), is entered into by P&P Holdings, LLC, a California limited
liability company (the “Landlord”), and TAT Fresno LLC, a California limited liability
company (the “Tenant”), pursuant to the following recitals.
Landlord owns the real property commonly known as 1426 N. Van Ness
Avenue, Fresno, California, legally described as: “Lot 21 of North Van Ness Tract,
According to the map thereof recorded in Book 5, Page 46 of Record of Surveys, records
of said county. Subject to covenants, conditions, restrictions, easements and rights of way
or record, if any” (the “Property”).
Tenant is seeking a cannabis license in the City of Fresno in which the
Property is located and is leasing the Premises for the purpose of operating a cannabis
retail storefront at the Premises.
Therefore, the Parties agree as follows:
1. Lease of Premises.
1.1 Lease. Landlord hereby demises and leases to Tenant, and
Tenant hereby leases from Landlord, for the term and subject to the covenants, conditions
and provisions set forth in this Lease, the Premises for the Permitted Use. Tenant agrees
to lease the Property in its “AS IS/WHERE IS” condition.
1.2 Premises. Landlord owns the Property. The Property is
improved with concrete slab, a brick wall structure, roof, and interior improvements (the
“Premises”). The Landlord owns the interior improvements, including bar, drink serving
area, refrigeration, audio equipment, fixtures, and all other improvements. Landlord, at
Landlord’s expense, shall remove any refrigeration equipment and any other personal
property not constituting fixtures prior to deliver of possession to Tenant.
1.3 Parking. Subject to any laws or regulation, Tenant may use
entire square footage of the Property and all parking spaces located thereon for its
business.
1.4 Acceptance of Premises. By taking possession of the
Premises, Tenant shall be deemed to have accepted the Premises as being in good and
sanitary order, condition and repair and to have accepted the Premises in their condition
existing as of the date Tenant takes possession of the Premises, subject to all applicable
Laws, covenants, conditions, restrictions, easements and other matters of public record
and the reasonable rules and regulations from time to time promulgated by Landlord
governing the use of the Premises, and Tenant acknowledges that neither Landlord nor
Landlord’s Agents have made any representation or warranty as to the suitability of the
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09811-0000\543539.8 2
Premises for the conduct of Tenant’s business, the condition of the Premises, or the use
or occupancy which may be made thereof and Tenant has independently investigated and
is satisfied that the Premises are suitable for Tenant’s intended use and that the Premises
and the Building meet all governmental requirements for such intended use, Tenant
further acknowledges that it has carefully reviewed and approves the land on which the
building is located.
2. Term.
2.1 Term of Lease. Subject to Tenant’s termination right set forth
in Section 2.2, the initial term for this Lease shall be approximately ten (10) years, as
increased by the Contingency Period and Rent Abatement Period (both defined below),
commencing on the Effective Date and ending the last day of the 120th full calendar
month after Rent Commencement Date, subject to the Tenant’s option to extend as
hereinafter provided.
2.2 Contingency Period. The Tenant has a contingency period for
six months from the Effective Date during which time the Tenant can terminate this
Lease without fault or penalty (the “Contingency Period”) if the Tenant is not awarded a
cannabis license from the City of Fresno to operate in Fresno County District 1 (the
“Permit”). As consideration for this contingency, Tenant shall pay Landlord five
thousand dollars ; the “Contingency Fee”) on execution of this Lease. Provided
the City of Fresno has not awarded the Permits, Tenant shall have the ability to extend
the Contingency Period three times, each for an additional six months, by paying
Landlord five thousand dollars ; each, a “Contingency Extension Fee”) on or
before the expiration of the Contingency Period or extended Contingency Period. The
Contingency Fee and any Contingency Extension Fee shall be earned by Landlord when
paid. Upon a successful award of a the Permit (the “Permit Award Date”), the Tenant’s
contingency right shall automatically terminate.
2.3 Delivery of Premises. Landlord is in possession and shall
deliver possession of the Premises to Tenant no later than thirty (30) days from the award
of the Permit. Landlord shall cooperate with Tenant to make the building available to
Tenant upon reasonable notice so that its architects, engineers, contractors, or other
professionals can have access to the Premises. The Parties acknowledge that Landlord
may allow another business to operate in the Premises during the Contingency Period.
Such business’ right of possession shall be subordinate to Tenant’s and such business’
right to use the property shall be conditioned on its express agreement to vacate the
property on 30 days notice.
2.4 Option to Extend. Provided that Tenant is not in default of
any monetary or material nonmonetary provision of this Lease at the time of exercise of
an option to extend provided in this Section 2.4 or at any time thereafter prior to the
commencement of the applicable “Option Term” (as hereinafter defined), Tenant will
09811-0000\543539.8 3
have the option to extend the Term for two (2) additional five (5) year terms of this Lease
(each such period being hereafter referred to as an “Option Term”) by giving Landlord
written notice at least three (3) months before the expiration of the then applicable Term.
All of the terms, covenants, conditions, provisions, and agreements applicable to the
initial Term will be applicable to the Option Term(s). All references in this Lease to the
“Term” will be deemed to mean the initial Term as extended by the Option Term(s), as
applicable. Tenant will have no right to exercise an Option Term if Tenant has not paid
Rent.
3. Rent.
3.1 Rent. Tenant will pay “Rent” (as hereinafter defined) to
Landlord at the address set forth in Section 20 or on written notice from Landlord, to
Landlord’s assignee or such other place as Landlord may from time to time designate in
writing to Tenant, without prior demand, deduction, or setoff, as more particularly set
forth in this Section 3.
3.2 Construction Period; Deferred Rent. During the first twelve
months following the Effective Date, rent shall be
per month, which payment shall be deferred. On the Permit Award
Date, the deferred rent payment shall be due and payable in two installments, pursuant to
the following schedule: shall be payable within thirty
days of the Permit Award Date or delivery of possession of the Premises (whichever is
later); and shall be payable within thirty (30) days
of opening for business. In the event the Tenant is not open for business within twelve
months of the Effective Date, Landlord agrees to abate any other rental payment for time
period of eighteen months from the Permit Award Date or until the Tenant is open for
business, whichever is earlier. If Tenant has not opened for business after eighteen (18)
months from the Permit Award Date, Tenant shall then pay Landlord
per month until it is open for business.
3.3 Minimum Rent. Upon being open for business (“Regular Rent
Commencement Date”), Tenant will pay to Landlord
per month (“Minimum Rent”) for each month. If Tenant does not open on the first of a
calendar month, the first month’s rent shall be prorated by dividing the number of days
remaining in the month by the total days in the month multiplied by
3.4 Additional Rent. Tenant shall pay and discharge before the
imposition of any fine, lien, interest or penalty may be added thereto for late payment
thereof, as additional rent (“Additional Rent”), all other amounts and obligations which
Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every
fine, penalty, interest and cost which may be added by the party to whom such payment is
due for nonpayment or late payment thereof. In the event of any failure by Tenant to pay
09811-0000\543539.8 4
or discharge any of the foregoing, Landlord shall have all rights, powers and remedies
provided herein, by law or otherwise, in the event of nonpayment of Annual Base Rent.
3.5 Late Payments. If any installment of Rent is not received by
Landlord from Tenant within ten (10) days after the date when due, Tenant will
immediately pay to Landlord a late charge equal to five percent (5%) of the delinquent
amount. Landlord and Tenant agree that this late charge represents a reasonable estimate
of the costs and expenses Landlord will incur and is fair compensation to Landlord for its
loss suffered by reason of late payment by Tenant.
3.6 Personal Guaranty. Tenant covenants that it shall own the
Permit and not transfer the Permit to any other individual or entity. This covenant is shall
be in lieu of providing a personal guaranty.
4. Taxes & Utilities.
4.1 Taxes. Beginning on the date that Tenant opens for business
to the public, Tenant shall pay, prior to delinquency, all “Impositions”, which are defined
as: (a) taxes (as defined in this Section 4), assessments (including, without limitation, all
assessments for public improvements or benefits, whether or not commenced or
completed prior to the date hereof and whether or not commenced or completed within
the term of this Lease), excises, levies, fees (including, without limitation, license,
permit, inspection, authorization and similar fees), water and sewer rents and charges,
ground lease rents, and all other governmental charges, general and special, ordinary and
extraordinary, foreseen and unforeseen, and any interest and penalties thereon which are,
at any time prior to or during the Lease Term, imposed or levied upon or assessed against
or which arise with respect to (i) the Premises, (ii) any Minimum Rent, Additional Rent
or other sums payable hereunder, (iii) this Lease or the leasehold estate hereby created or
(iv) the operation, possession or use of the Premises; (b) all sales (including those
imposed on lease rentals), value added, ad valorem, single business, use and similar taxes
at any time levied, assessed or payable on account of the acquisition, ownership, leasing,
operation, possession or use of the Premises or use of the Permit; (c) all offers, claims
and demands of mechanics, laborers, materialmen and others which, if unpaid, might
create a lien on the Premises; and (d) all charges of utilities, communications and similar
services serving the Premises. Tenant shall not be required to pay any franchise, estate,
inheritance, transfer, net income or similar tax of Landlord unless such tax is imposed,
levied or assessed in substitution for any other tax, assessment, charge or levy which
Tenant is required to pay pursuant to this Section 4, provided, however, that if at any time
during the term of this Lease, the method of taxation shall be such that there shall be
assessed, levied, charged or imposed on Landlord a capital levy or other tax directly on
the rents received therefrom, or upon the value of the Premises or any present or any
future improvement or improvements on the Premises, then all such levies and taxes or
the part thereof so measured or based shall be payable by Tenant. Tenant will furnish to
Landlord, within ten (10) days after the due date thereof, proof of payment of all
09811-0000\543539.8 5
Impositions. If any such Imposition may legally be paid in installments, Tenant may pay
such Imposition in installments; in such event, Tenant shall be liable only for installments
which become due prior to or during the Lease Term. Tenant shall not be liable for any
Impositions during the Contingency Period or Rent Abatement Period. Upon the
termination of the Lease Term, all Impositions shall be prorated as of 12:01 A.M. local
time, as of the date of termination.
4.2 Utilities. Beginning on the date that Tenant takes possession
of the property, Tenant shall pay or cause to be paid all charges for water, gas, electricity,
light, heat or power, sewer, telephone and other utility services used, rendered or supplied
to or in connection with the operation of the Premises during the term of this Lease and
any renewals hereof. Tenant shall contract for the same in its own name. Landlord shall
not be liable for any interruption or failure in the supply of any such utility service to the
Premises unless caused by or resulting from the reckless or willful misconduct of
Landlord, its agents, servants, employees or contractors.
5. Tenant’s Conduct of its Business.
5.1 Permitted Use. Tenant will use the Premises solely for the use
as a cannabis dispensary--i.e., cannabis retailer (the “Permitted Use”) permitted under the
Applicable Laws (hereinafter defined).
5.2 Compliance With Law. Tenant, at Tenant’s sole expense, will
comply with all applicable local and state statutes, regulations, rules, codes (including
building codes), ordinances, and other requirements of governmental authorities now or
hereafter in effect (“Applicable Laws”) pertaining to the use or condition of the Premises
and the conduct of Tenant’s business. Tenant must give Landlord immediate written
notice on Tenant’s becoming aware that the use or condition of the Premises is in
violation of any Applicable Laws.
6. Improvements; Repairs and Maintenance.
6.1 Tenant Improvements. Tenant, at its sole cost and expense,
shall be solely responsible for all of improvements to the Premises (the “Tenant
Improvements”), including the cost of architectural or design plans, permitting, fees,
construction and inspection. All improvements to the Premises required by the
Applicable Laws because of the particular type of retail use of the Premises by Tenant
will be performed by Tenant at its sole cost and expense. Landlord agrees to cooperate
with any city or requirements for cannabis licensing. Tenant Improvements shall be
subject to the Landlord’s consent, which shall not be unreasonably withheld or delayed.
6.2 Landlord’s Repair Obligations. Landlord will maintain in
good condition and repair the structural components and foundations, roofs, and exterior
09811-0000\543539.8 6
surfaces of the exterior walls of all buildings (exclusive of doors, door frames, door
checks, windows, and window frames).
6.3 Tenant’s Repair Obligations. Except for the portions and
components of the Premises to be maintained by Landlord as specifically set forth in
Section 6.2, Tenant, at its expense, will keep the Premises and all utility facilities and
systems exclusively serving the Premises (“Tenant Utility Facilities”) in first-class order,
condition, and repair and will make replacements necessary to keep the Premises and
Tenant Utility Facilities in such condition; provided that Tenant has no right to spray
paint the exterior or interior of the windows without prior written consent of Landlord.
All replacements will be of a quality equal to or exceeding that of the original. Tenant
must utilize Landlord’s roofing contractor in the event Tenant desires to penetrate the
roof of the Premises for any repairs, alterations, or improvements permitted to be made to
the Premises by Tenant under the terms of this Lease; provided that if Landlord and
Tenant reasonably determine that Landlord’s roofing contractor’s rates are not reasonably
competitive, Tenant will have the right to utilize any other licensed and reputable roofing
contractor reasonably acceptable to Landlord.
6.4 Alterations. After initially opening the Premises for business,
Tenant will not make or cause to be made to the Premises or the Tenant Utility Facilities
any addition, renovation, alteration, reconstruction, or change (collectively,
“Alterations”) (i) costing in excess of (ii) involving
structural changes or additions; (iii) affecting the exterior storefront, fire sprinkler
systems, exterior walls, floor slab, or roof of the Premises; or (iv) requiring or resulting in
any penetration of the roof, demising walls, or floor slab of the Premises, without first
obtaining the written consent of Landlord, which consent will not be unreasonably
withheld. Landlord may not withhold consent for Alterations that are necessary for
Tenant to comply with the Permit and state and local law and which are otherwise
undertaken in compliance with the Lease. Landlord shall not make any alterations or take
any action that would cause the Permitted Use or Premises to violate state or local law or
the Permit.
6.5 Landlord Consent. Tenant must provide Landlord with not
less than five business (5) days’ prior written notice of the commencement of any
Improvements or Alterations in the Premises, and Landlord will have the right to enter
the Premises to post customary notices of nonresponsibility with respect thereto. All
Improvements or Alterations to the Premises by Tenant including, but not limited to, light
fixtures, floor coverings, and partitions, but excluding trade fixtures and signs, will be
deemed to be the property of Landlord on installation thereof. Within thirty (30) days
after the completion of any Alterations, Tenant will deliver to Landlord a set of “as built”
plans depicting the Alterations as actually constructed or installed. If Tenant makes any
permitted Improvement or Alterations, Tenant must carry “Builder’s All Risk” insurance
in an amount reasonably determined by Landlord covering the construction of such
09811-0000\543539.8 7
Alterations and such other insurance as Landlord may reasonably require. Any
Alterations to the Premises or the Tenant Utility Systems that are required by reason of
any present or future law, ordinance, rule, regulation, or order of any governmental
authority having jurisdiction over the Premises or of any insurance company insuring the
Premises, and regardless of whether or not such Alteration pertains to the nature,
construction, or structure of the Premises or to the use made thereof by Tenant, will be at
the sole cost of Tenant regardless of whether the work is performed by Landlord or
Tenant.
6.6 Trash Removal. Tenant will deposit trash only within
receptacles reasonably approved by Landlord. Tenant will cause trash receptacles to be
emptied at Tenant’s cost and expense upon taking possession of the Premises.
6.7 Pest Control Requirements. If any event of pest or vermin
infestation is found in the Premises then Tenant, at Tenant’s expense, will have a bonded,
professional pest-and-sanitation control operator immediately remedy such event of
infestation upon taking possession of the Premises.
7. Insurance.
7.1 Coverage Requirements. Tenant shall, upon taking possession
of the Premises and at all times remaining in the Term, provide and maintain the types
and minimum amounts of insurance as set forth in this Section 7. In the event any
insurance (including the limits thereof) hereby required to be maintained is not
reasonably available or obtainable on a commercially reasonable basis in the commercial
insurance market, then such requirements shall be deemed reduced and/or eliminated to
the extent necessary to be consistent with the coverage that is available.
a. At all times during the Term of this Lease, following
the taking of possession of the Premises, and any renewals hereof, Tenant shall
maintain and provide commercial general liability insurance, including but not
limited to bodily injury and property damage covering the Premises and operations
of the Tenant with limits of not less than
for each occurrence. Umbrella/Excess Liability policy may be
used to supplement the limits required. All such insurance shall name Tenant,
Landlord and the Lender as named insureds.
b. Workers’ Compensation Insurance as required by
California laws.
c. Insurance policies designated necessary by Landlord
with regard to Tenant’s, or Tenant’s contractors’, construction of Tenant’s
Improvements or Alterations as well as with regard to the construction of
09811-0000\543539.8 8
Alterations including contingent liability and builders’ “all risks” insurance, in
amounts acceptable to Landlord.
d. All insurance companies providing the coverage
required under this Section 7 (other than any insurance directly maintained by
Landlord pursuant) shall be selected by Tenant and shall have a claims paying
ability rating by Standard & Poor’s of not less than A IX, shall be licensed to write
insurance policies in the State of California, and shall be acceptable to Landlord in
Landlord’s reasonable discretion. Tenant shall provide Landlord with copies of all
policies or certificates of such coverage for the insurance coverages referenced in
this Section 7, and all Commercial General Liability and Umbrella Liability or
Excess Liability policies shall name Landlord (and any Lender designated by
Landlord) as an additional insured. Any such coverage for additional insureds
shall be primary and non-contributory with any insurance carried by Landlord or
any other additional insured hereunder. All property insurance policies shall name
Landlord and the Lender as an additional insured as their respective interests may
appear, and shall provide that all losses shall be payable as herein provided. All
such policies of insurance shall provide that the amount thereof shall not be
reduced and that none of the provisions, agreements or covenants contained
therein shall be modified or canceled by the insuring company or companies
without thirty (30) days prior written notice being given to Landlord. Such policy
or policies of insurance may also cover loss or damage to Tenant’s Property, and
such benefits applicable to Tenant’s Property shall accrue and be payable solely to
Tenant. Tenant may provide the required insurance under its so-called blanket
policy provided that such “blanket” policy or policies otherwise comply with the
provisions of this Section 7. In the event any such insurance is carried under a
blanket policy, Tenant shall deliver to Landlord and the Lender (if required by
Landlord or the Lender) evidence of the issuance and effectiveness of the policy,
the amount and character of the coverage with respect to the Premises and the
presence in the policy of provisions of the character required in the above sections
of this Section 7.
7.2 Evidence of Insurance. Tenant shall provide Landlord with
written proof of required insurance coverage upon taking of possession of the Premises
and not later than thirty (30) days prior to the expiration of any insurance by furnishing
Landlord with a certificate of insurance, including applicable endorsements, by the
insurance company for each policy in a form satisfactory to the Landlord and setting forth
the coverage, the limits of liability, the name of the carrier, the policy number, the
expiration date and all other provisions relating to the insurance coverage afforded by
such policy. Tenant shall also provide certified copies of required policies, if requested
by Landlord
09811-0000\543539.8 9
7.3 Primary Coverage. All coverage provided by policies of
insurance maintained by Tenant hereunder shall be primary to any insurance maintained
by Landlord with respect to the Property. There shall be a mutual waiver of subrogation
clause on all policies of insurance maintained by Landlord or Tenant with regard to the
Property.
7.4 Failure By Tenant to Maintain Insurance. If Tenant neglects
to secure and maintain insurance policies complying with the provisions of this Article,
Landlord may secure the appropriate insurance policies and Tenant shall pay, upon
demand, the cost of same to Landlord, plus a service fee equal to fifteen percent (15%) of
the total annual premium cost of the policy or policies, as Rent. Landlord, or an affiliate
of Landlord, may act as an insurance agent or broker in such transactions and will be paid
as a result of the placement of such insurance.
7.5 Reimbursement of Insurance Premiums by Tenant. Tenant
shall reimburse Landlord for the cost of any insurance premiums for insurance required
to be maintained directly by Landlord (rather than Tenant) by a Lender, if any, or to
insure the Premises (“Landlord’s Insurance Costs”) on an annual or more frequent basis,
with the payment of Monthly Basic Rent. Landlord shall provide Tenant with an
estimate of Landlord’s Insurance Costs, and Tenant’s monthly payment thereof, from
time to time.
7.6 Waiver of Subrogation. Landlord and Tenant hereby waive all
rights of subrogation each may have against the other or any other occupier of the
Premises, of which the Premises are a part, to the extent of available and applicable
property insurance coverages, regardless of cause or origin, including, without limitation,
the negligence of Landlord or Tenant or any of their respective representatives, agents,
employees, contractors and invitees. Neither Tenant, Landlord nor their respective
insurance company(ies) shall have any right of action, by way of subrogation or
otherwise, against Landlord or Tenant or any of their respective officers, employees,
agents, contractors or invitees arising from such damage or destruction.
7.7 Sufficiency of Coverage. Neither Landlord nor any of
Landlord’s agents makes any representation that the types of insurance and limits
specified to be carried by Tenant under this Lease are adequate to protect Tenant. If
Tenant believes that any such insurance coverage is insufficient, Tenant will provide, at
its own expense, such additional insurance as Tenant deems adequate. Nothing contained
in this Section 7.7 will limit Tenant’s liability under this Lease.
8. Destruction of Property. If the Premises is damaged or destroyed by
casualty, Landlord shall, except as hereinafter provided, diligently repair or rebuild the
buildings to substantially the condition in which they existed immediately prior to such
damage or destruction, provided that insurance is available to pay one hundred percent
(100%) or more of the cost of such restoration, excluding the deductible amount. Tenant
09811-0000\543539.8 10
shall repair any damage to the Property which is reasonably estimated in good faith by
Landlord to be less than the deductible amount under any applicable insurance policy of
Landlord; provided, however, that such deductible amount shall not exceed
Landlord shall not be obligated to repair or replace any
improvements made by or for Tenant, and Tenant trade fixtures or installations or
personal property; however, any insurance in addition to one hundred percent (100%) of
the cost to restore the Premises from damage or destruction by a casualty, excluding the
deductible amount, shall be provided to repair or replace any improvements made by or
for Tenant, and Tenant trade fixtures or installations or personal property.
9. Eminent Domain.
9.1 Total Taking of Property. If the whole of the Premises (or a
portion of the Premises, which makes the conduct of the Permitted Use under Section 5.1
impractical) is acquired or condemned by eminent domain for any public or quasi-public
purpose, the Term will terminate as of the sooner of the date that is thirty (30) days after
Tenant gives to Landlord written notice of termination or the date on which title vests in
the condemning authority. All Rent will be paid up to the date of termination of the
Lease.
9.2 Partial Taking of Property. In the event less than all of the
Property is taken, this Lease will continue in full force and effect, except that if a portion
of the Property is taken, the Rent due hereunder will be reduced in a fair and equitable
manner with respect to the nature and extent of the portion of the Property which is taken.
9.3 Award. Regardless of whether this Lease is terminated, the
condemnation award shall be divided among Tenant and Landlord as follows: (i)
Landlord shall receive an amount of the condemnation award equal to the fair market
value of the Property (or the portion condemned) and (ii) Tenant shall be entitled to the
balance, if any, of the condemnation award.
10. Assignment; Subleases; Liens.
10.1 Assignment by Landlord. Landlord may assign or transfer its
rights and obligations under this Lease and in the Premises without prior written consent
of, and without prior notice to, Tenant.
10.2 Assignment by Tenant. Tenant shall not assign or transfer its
rights and obligations under this Lease and in the Premises without the prior written
consent of the Landlord, which consent shall not be unreasonably withheld or delayed.
Any assignment or transfer in violation of this provision shall be null and void.
Notwithstanding the forgoing, Tenant may assign or transfer its rights and obligations
under this Lease and in the Premises in whole or in part to a family trust, parent
company, subsidiary or affiliate of Tenant without Landlord’s consent (a “Permitted
09811-0000\543539.8 11
Transfer”). Tenant shall notify Landlord in writing prior to making a Permitted Transfer
and provide such information or documentation to Landlord to evidence that such
assignment is a Permitted Transfer.
10.3 Sublet. Tenant shall not sublet the Property, or any portion
thereof, without prior written consent of the Landlord, which consent shall not be
unreasonably withheld. Any sublet in violation of this provision shall be null and void.
10.4 Administration Fee for Assignment or Sublet. Upon request
by Tenant to assign the Lease or sublet the Property other than a Permitted Transfer,
Tenant shall pay Landlord reasonable costs and expenses, including attorney and
accountancy fees, to evaluate the proposed assignment; provided, however, such amount
shall not exceed
10.5 Liens.
a. Tenant Shall Keep Property Free From Liens. Tenant
shall keep all of the Premises free and clear of any and all mechanics’,
materialman’s and other liens for or arising out of or in connection with work or
labor done, services performed or materials or appliances used or furnished for or
in connection with any operation of the Tenant, its agents, representatives,
employees, subsidiaries or assigns, or any alteration, improvements or repairs or
additions which Tenant may make or permit or cause to be made or any work or
construction by, for or permitted by Tenant on the Premises, or any obligations of
any kind incurred by Tenant. At all times, Tenant shall promptly and fully pay and
discharge any and all obligations and all claims on which such lien may or could
be based and shall indemnify, defend and hold Landlord harmless from and
against any and all such liens, claims or suits pertaining thereto.
b. Contesting Liens. If Tenant wishes to contest any such
liens or claims, Tenant may do so. Tenant shall be responsible for all costs and
fees incurred to contest any such liens or claims. If at any time the Property or any
part thereof shall then be subject to forfeiture, or if Landlord shall be subject to
any liability arising out of the nonpayment of any such liens or claims, Tenant
shall, notwithstanding any pending contest or review, either pay such liens or
claims or post such bond as may be required to prevent such forfeiture or liability,
at least thirty (30) days prior to such forfeiture.
11. Landlord Cooperation. Landlord will reasonably cooperate with
Tenant in applying for the Permits and all other licenses required by the city and state for
the Permitted Use, which cooperation will include signing a letter to the city and state
indicating that Tenant is entitled to occupy the Premises and to conduct and continue its
cannabis related business activities at the Premises under the Permitted Use.
09811-0000\543539.8 12
12. Signage and Advertising. Tenant may install and use on the exterior
of the building (with the exception of the roof) exterior signs and otherwise paint signage
on exterior walls; provided, however, such signage shall comply with all city ordinances
and be subject to the prior approval of the Landlord, which shall not be unreasonably
withheld.
13. Default by Tenant.
13.1 Events of Default. Tenant shall be in default under the terms
of this Lease if: (i) Tenant fails to make any payment of Rent on the date that such
payment is due; (ii) Tenant commits a breach of any of its obligations under the Lease
other than the failure to make a payment of Rent, including, but not limited to, Tenant
being in default in the prompt and full performance of any its promises, covenants, or
agreements within thirty (30) days after Landlord’s written notice of default to Tenant (or
if more than thirty (30) days shall be required because of the nature of the default, if
Tenant shall fail to promptly commence performance within such thirty (30) day period
and thereafter proceed diligently to cure the default); (iii) Tenant vacates or abandons the
Premises prior to the end of the term or any extension thereof; (iv) Tenant makes any
general assignment for the benefit of creditors; (v) a petition has been filed against
Tenant to have Tenant adjudged a bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy; (vi) Tenant institutes any proceedings
under the Bankruptcy Code or any similar or successor statute, code, or act; or (vii) an
appointed trustee or receiver takes possession of all or substantially all of Tenant’s assets
or of Tenant’s assets at the Premises, or of Tenant’s interest in this Lease, where
possession is not restored to Tenant within thirty (30) days; or (viii) should all or
substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this
Lease be attached or judicially seized, where the seizure is not discharged within thirty
(30) days.
13.2 Rights of Landlord Upon Breach. Landlord may treat the
occurrence of any one (1) or more of the events of default under Section 13.1 above as a
breach of this Lease, and, in addition to any and all other rights or remedies of Landlord
under this Lease, at law or in equity, Landlord shall have the option, following a twelve
(12) day notice, to: (i) declare the Term ended and to re-enter and take possession of the
Premises, and remove all persons therefrom; (ii) Re-enter the Premises and occupy the
whole or any part for and on account of Tenant, to the extent then permitted by California
law, without declaring this Lease terminated, and to collect any unpaid Rent and other
charges which have become due and payable, or which may thereafter become due and
payable; or (iii) Even though Landlord may have re-entered the Premises, to elect
thereafter to terminate this Lease and all of the rights of Tenant in or to the Premises;
provided, however, that Landlord shall not be deemed to have terminated this Lease, or
the liability of Tenant to pay any Rent, by re-entering the Premises pursuant to this
Section, or by any action in unlawful detainer or otherwise to obtain possession of the
09811-0000\543539.8 13
Premises, unless Landlord shall have notified Tenant in writing that it has so elected to
terminate this Lease.
13.3 Termination of Lease. Should Landlord elect to terminate this
Lease pursuant to the provisions of Sections 13.1 and 13.2 above, Landlord may recover
from Tenant, as damages, the following: (i) The worth at the time of award of the unpaid
Rent which had been earned at the time of termination; plus (ii) The worth at the time of
award of the amount by which the unpaid Rent which would have been earned after
termination until the time of award exceeds the amount of such rental loss that Tenant
proves could have been reasonably avoided; plus (iii) The worth at the time of award of
the amount by which the unpaid Rent for the balance of the Term after the time of award
exceeds the amount of Rent loss that Tenant proves could have been reasonably avoided;
plus (iv) Any other amount necessary to compensate Landlord for the detriment
proximately caused by Tenant’s failure to perform its obligations under this Lease or
which in the ordinary course of things would be likely to result therefrom, including, but
not limited to, any costs or expenses incurred by Landlord in (a) retaking possession of
the Premises, including reasonable attorneys’ fees (including charges of in-house
counsel) therefor, (b) maintaining or preserving the Premises after any default, (c)
preparing the Premises for reletting to a new tenant, including repairs or alterations to the
Premises, (d) payment of leasing commissions, and (d) payment of any other costs
necessary or appropriate to relet the Premises; plus (vi) at Landlord’s election, any other
amounts in addition to or in lieu of the foregoing as may be permitted from time to time
by the laws of the State where the Property is situated. For the purposes of this section
Rent will be deemed to be Minimum Rent and all other sums required to be paid by
Tenant under the terms of the Lease.
14. Default by Landlord. If Landlord fails to perform any of the
covenants, provisions, or conditions contained in this Lease on its part to be performed
within thirty (30) days after Tenant’s written notice of default to Landlord (or if more
than thirty (30) days shall be required because of the nature of the default, if Landlord
shall fail to promptly commence performance within such thirty (30) day period and
thereafter proceed diligently to cure the default), then Landlord shall be liable to Tenant
for damages sustained by Tenant as a direct result of Landlord’s breach as described
below. For purposes of this Lease, damages sustained as a direct result of Landlord’s
breach shall only include the following: (i) the actual costs of replacement, repair, or
restoration of Tenant’s tangible property or the tangible property of third parties for
which Tenant is responsible, to the extent the damage or destruction of such tangible
property occurred as a direct result of Landlord’s breach and (ii) actual damages awarded
to third parties by courts of competent jurisdiction against Tenant but only to the extent
such damages are directly attributable to Landlord’s breach; and all other consequential
damages (including, but not limited to, damages for lost profits) are hereby expressly
waived by Tenant and shall not be recoverable against Landlord.
09811-0000\543539.8 14
15. Subordination, Attornment, and Tenant’s Certificate.
15.1 Subordination. This Lease shall, at Landlord’s election, be
subordinated to any mortgage, and Tenant agrees to attorn to a successor landlord and to
execute, within twenty (20) days of Landlord’s written request, a subordination,
attornment and nondisturbance agreement either (a) in a commercially reasonable form as
to evidence such subordination and attornment (“SNDA”), which SNDA also prohibits
Lender from disturbing Tenant’s tenancy and extension rights as provided in the Lease so
long as Tenant is not in default under the Lease or (b) in form and substance as that
reasonably required by the Lender.
15.2 Attornment. Notwithstanding anything set out in
subparagraph (a) above to the contrary, in the event the holder of any such mortgage
elects to have this Lease be superior to its mortgage, then upon Tenant’s being notified to
that effect by such encumbrance holder, this Lease shall be deemed prior to the lien of
said mortgage, whether this Lease is dated prior or subsequent to the date of said
mortgage, and Tenant shall execute, acknowledge and deliver an instrument, in the form
customarily used by such encumbrance holder, effecting such priority.
15.3 Estoppel Certificate. Tenant, within ten (10) days after receipt
of Landlord’s written request, shall execute and deliver to Landlord a written statement
(on such form as a prospective purchaser or encumbrancer of all or part of the Property
may require) certifying that (i) this Lease is in full force and effect, without modification
(or, if there have been modifications, that the Lease is in full force and effect as modified
and stating the modifications); (ii) that there are no uncured defaults in Landlord’s
performance and that Tenant has no right of offset, counterclaim or deduction against
Rent (or listing any existing exceptions); (iii) except as may be specifically disclosed in
such statement, that there are no options, rights of first refusal, or other agreements
between Landlord and Tenant other than as set forth in this Lease; (iv) the dates to which
Rent has been paid; and (v) any other matters reasonably requested by Landlord. Failure
of Tenant to so execute and deliver such statement shall constitute acceptance of the
Premises by Tenant and Tenant’s acknowledgment that the statements referenced in the
statement delivered to Tenant are true and correct, without exception.
16. Covenants.
16.1 Landlord’s Covenants. Landlord covenants and warrants that
Landlord has the lawful right and authority to make this Lease, and that Tenant, upon
paying the rent and performing and observing the covenants and conditions herein
contained on Tenant’s part to be performed and observed, shall and will peacefully and
quietly have, hold and enjoy the Premises, together with all appurtenances thereto,
subject to the terms of this Lease.
09811-0000\543539.8 15
16.2 Tenant’s Covenants. Tenant covenants and warrants each of
the following: (a) Tenant will obey and comply with all Applicable Laws, regulations,
ordinances and codes in connection with its possession and use of the Premises; and (b)
(b) Tenant is duly formed limited liability company, having full power and authority to
execute this Lease and the execution and delivery of this Lease by its representatives
have been authorized by the members of Tenant and constitute valid binding obligations
of Tenant, as applicable. The execution and performance of this Lease by Tenant will not
conflict with or cause a default under any contract, mortgage, indenture, order, law or
regulation applicable to or binding upon Tenant, as applicable.
17. Reserved Rights. Landlord expressly reserves the following rights
for the benefit of both Landlord: (a) to enter said Premises upon reasonable notice and at
all reasonable times to carry out its obligations and examine same, or to make such
repairs, alterations or additions as it may deem necessary as permitted in this Lease, but
Landlord assumes no obligation to make repairs to said Premises or said building; (b) to
enter the Premises and display a notice or for rent sign at any time within one-hundred
eighty (180) days before the expiration or sooner termination of this Lease, and to
maintain the same as placed; and (c) during or after the time Tenant abandons or vacates
the Premises as provided herein, to enter and remodel, repair, alter or otherwise prepare
the Premises for reoccupancy. Any entry to the Premises pursuant to this paragraph shall
comply with the provisions set forth in paragraph 20.1 below. The exercise of any
reserved rights by Landlord shall never be deemed an eviction or disturbance of Tenant's
use and possession of the Premises, and shall never render Landlord liable in any manner
to Tenant or to any other person.
18. Indemnification and Hold Harmless. Tenant agrees to indemnify and
exonerate Landlord against and from all liabilities, losses, obligations, damages,
penalties, claims, costs, charges and expenses, including reasonable attorneys' fees,
paralegal fees, and legal costs and actual expenses incurred by Landlord, whether or not
judicial proceedings are filed, and including on appeal and in any bankruptcy
proceedings, which may be imposed upon or asserted against or incurred by Landlord by
reason of any of the following occurring: (a) any work or thing done by Tenant, its
agents, contractors or licensees in respect of construction of, in or to the Premises or any
part of the improvements now or hereafter constructed on the Premises; (b) any use,
possession, occupation, operation, maintenance or management of the Premises or any
part thereof by Tenant, sublessees, their agents, employees, guests, invitees or licensees;
(c) Tenant's failure to, or to properly, use, possess, occupy, operate, maintain or manage
the Premises or any part thereof; (d) any negligence on the part of Tenant or any of its
agents, contractors, servants, employees, licensees or invitees; (e) any accident, injury or
damage to any person or property occurring in, on or about the Premises or any part
thereof including any sidewalk adjacent thereto; (f) any failure on the part of Tenant to
perform or comply with any of the covenants, agreements, terms or conditions contained
in this Lease on its part to be performed or complied with; or (g) for any and all claims
09811-0000\543539.8 16
related to the American Disability Act, or any successor statute (“AD”) related to the
Premises. In addition to the indemnification provisions provided in Section 18, Tenant
further agrees to indemnify, defend and hold Landlord harmless against any and all loss,
damage or expense, including reasonable attorneys’ fees, claims, damages, accidents and
injuries to persons or property caused by or resulting from or in connection with anything
in or pertaining to or upon the Premises during the Lease Term or otherwise while Tenant
is occupying the Premises, except if such claim, damage, accident or injury shall be
caused by the reckless or willful misconduct of Landlord, its agents, servants or
employees. Landlord agrees to indemnify and hold harmless Tenant for anything caused
by the reckless or willful misconduct of Landlord, its agents, employees or its authorized
representatives.
19. Environmental Matters.
19.1 Hazardous Materials. Tenant, at its sole cost and expense,
will comply with all federal, state, and local laws and regulations relating to the storage,
use, handling, and disposal of hazardous, toxic, or radioactive matter (collectively,
“Hazardous Materials”). Cannabis or cannabis products are not Hazardous Materials.
Tenant will immediately notify Landlord and provide to Landlord a copy or copies of any
environmental entitlements or inquiries related to the Premises. The cleanup and disposal
of any Hazardous Materials located or released onto Property by Tenant or its agents,
contractors, or employees will be performed by Tenant at Tenant’s sole cost and expense
and will be performed in accordance with all applicable laws, rules, regulations, and
ordinances, following a site assessment and removal/remediation plan prepared by a
licensed and qualified geotechnical engineer and submitted to and approved in writing by
Landlord prior to the commencement of any work. Despite the foregoing, Landlord in
Landlord’s sole and absolute discretion may elect, by written notice to Tenant, to perform
the cleanup and disposal of such Hazardous Materials from the Premises. In such event,
Tenant will pay to Landlord the actual cost of same on receipt from Landlord of
Landlord’s written invoice. Despite any other term or provision of this Lease, Tenant will
permit Landlord or Landlord’s agents or employees to enter the Premises at any time, on
reasonable notice and pursuant to paragraph 20.1 below, to inspect, monitor, and/or take
emergency or long-term remedial action with respect to Hazardous Materials on or
affecting the Premises or to discharge Tenant’s obligations under this Lease with respect
to such Hazardous Materials when Tenant has failed, after demand by Landlord, to do so.
All costs and expenses incurred by Landlord in connection with performing Tenant’s
obligations under this Section 18.1 will be reimbursed by Tenant to Landlord within
thirty (30) days of Tenant’s receipt of written request.
19.2 Conservation. Tenant will cooperate with and participate in
conservation programs for water, electricity, and natural gas and recycling programs
instituted by the governmental entity with jurisdiction over the Property and/or Landlord,
including those for the collection of cardboard, metals, plastics, and glass.
09811-0000\543539.8 19
25.3 Construction of Lease Terms. As used in this Lease, the terms
“herein,” “herewith” and “hereof” are references to this Lease, taken as a whole. The
term “includes” or “including” shall mean “including, but not limited to.” The singular
shall include the plural and vice versa. The masculine shall include the feminine and vice
versa. Premises and Property shall have the same meaning. Lease and Lease shall mean
this Lease.
25.4 Amendments. No change, amendment or modification of this
Lease shall be valid or binding upon the Parties unless such change, amendment or
modification is made in writing and duly executed by both Parties.
25.5 Captions. The captions and headings contained in this Lease
are for convenience and in no way define, describe, extend or limit the scope or intent of
this Lease or any provision contained herein.
25.6 Severability. The invalidity of one or more phrases,
sentences, clauses, paragraphs or sections contained in this Lease shall not affect the
validity of the remaining portions of this Lease, so long as the material purposes of this
Lease can be determined and effectuated without the invalid phrase, sentence, clause,
paragraph or section.
25.7 No Waiver. Any failure of Landlord or Tenant to enforce any
of the provisions of this Lease or to require compliance with any of its terms at any time
while this Lease is in effect shall not be deemed a waiver of the validity of this Lease or
any part hereof and shall not be deemed a waiver of the right of such party to thereafter
enforce any and each such provision. Any consent or approval given pursuant to this
Lease shall be limited to its express terms and shall not otherwise increase the obligations
of the party giving such consent or approval or otherwise reduce the obligations of the
party receiving such consent or approval.
25.8 Further Assurances. Each party agrees to execute and deliver
all further instruments and documents and take any other further action reasonably
necessary to effectuate the purposes and intent of this Lease.
25.9 Applicable Law; Venue. This Lease will be governed by and
construed in accordance with the laws of the State of California, without regard to its
conflicts of law doctrine. Venue for any dispute shall be Fresno County. Landlord and
Tenant hereby acknowledge that they are aware of and fully understand that the
cultivation, manufacturing, distribution, and sale of cannabis and cannabis products is
still technically unlawful under federal law of the U.S., and the Parties shall waive
illegality as a defense to any Lease enforcement action.
09811-0000\543539.8 20
25.10 Counterparts. This Lease may be signed in any number of
counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument.
25.11 Survival. Except as otherwise provided herein, expiration or
termination of this Lease shall not relieve the Parties hereto of obligations that by their
nature should survive such expiration or termination, including remedies in the case of a
termination for breach of or default under this Lease, promises of indemnity, payment
obligations and dispute resolution provisions.
25.12 Entire Lease. This Lease and the other documents and
certificates delivered pursuant to the terms of this Lease set forth the entire agreement
and understanding of the Parties in respect to the subject matter contained in this Lease,
and supersede all prior agreements, promises, covenants, arrangements, communications,
representations or warranties, whether oral or written, by any party or any employee or
representative of any party to this Lease. Landlord and Tenant understand, agree and
acknowledge that: (a) this Lease has been freely negotiated by both parties; and (b) that,
in any controversy, dispute, or contest over the meaning, interpretation, validity, or
enforceability of this Lease or any of its terms or conditions there shall be no inference,
presumption, or conclusion drawn whatsoever against either party by virtue of that party
having drafted this Lease or any portion thereof.
25.13 Binding on Successors. Subject to the terms of this Lease, all
rights and obligations of Landlord and Tenant under this Lease extend to and bind the
respective heirs, executors, administrators, and the permitted concessionaires, successors,
subtenants, and assignees of the parties. If there is more than one (1) Tenant under this
Lease, each is bound jointly and severally by the terms, covenants, and agreements
contained in this Lease.
25.14 Authorization. If Tenant or Landlord is a corporation,
partnership, or limited liability company, each individual executing this Lease on behalf
of the corporation, partnership, or limited liability company (in his/her representative
capacity only) represents and warrants that he or she is duly authorized to execute and
deliver this Lease on behalf of the corporation, partnership, or limited liability company
and that this Lease is binding on the corporation, partnership, or limited liability
company.
25.15 No Representation by Broker/Realtor. Tenant represents and
warrants that it has not had any dealings with any realtors, brokers, or agents in
connection with the negotiation of this Lease, and agrees to hold Landlord harmless from
the failure to pay any realtors, brokers, or agents and from any cost, expense, or liability
for any compensation, commission, or charges claimed by any other realtors, brokers, or
agents claiming by, through, or on behalf of Tenant with respect to this Lease and/or the
negotiation of this Lease.
09811-0000\543539.8 21
25.16 No Recording. Neither this Lease nor any memorandum of
this Lease will be recorded by either party to this Lease.
25.17 Assignment and Assumption by Landlord. Should Landlord
sell, exchange, or assign this Lease (other than a conditional assignment as security for a
loan), then Landlord, as transferor, will be relieved of any and all obligations on the part
of Landlord accruing under this Lease from and after the date of such transfer, provided
that Landlord’s successor in interest will assume such obligations from and after such
date. Landlord shall provide Tenant written notice of any such transfer.
25.18 Time of the Essence. Time is of the essence with respect to all
matters set forth in this Lease.
25.19 No Joint Venture. Neither this Lease nor anything contained
herein shall be construed to authorize either party to act as agent for the other, except as
expressly provided herein.
25.20 No Intended Third Party Beneficiary. Tenant and Landlord
agree that this Lease is personal to Tenant and Landlord and there are no intended third-
party beneficiaries to this Lease or any extension, modification or amendment hereof.
25.21 Attorneys’ Fees. In the event that either Tenant or Landlord
fails to perform any of its obligations under this Lease, or in the event a dispute arises
concerning the meaning or interpretation of any provision of this Lease, the prevailing
party in any such dispute shall be entitled to payment from the non-prevailing party of
any and all reasonable costs and expenses incurred by the prevailing party to enforce or
establish his rights under this Lease, including court costs and reasonable attorneys’ fees.
25.22 Binding Lease. This Lease shall be binding upon, and shall
inure to the benefit of, the Parties and their successors, heirs, and permitted assigns.
The Parties to this Lease have executed this Lease as of the Effective Date.
LANDLORD:
P&P Holdings, LLC
__________________________________
Ryan M. Janisse, Manager
TENANT:
TAT Fresno LLC
__________________________________
Courtney Caron
Avi Kahan TAT Fresno LLC 11330 Ventura Blvd. Studio City, CA 90064 November 17, 2020
RE: FMC 9-3316(c) In accordance with FMC 9-3316(c) TAT Fresno LLC employs or will employ within one year of receiving a commercial cannabis business permit, one supervisor and one employee, who have completed a CAL-OSHA industry outreach course offered by a duly authorized training provider. Sincerely, Avi Kahan Managing Member
2
SECTION 1
Hallmarks of Success:
• Unparalleled customer experience
• Elegant store design
• Unique arts programming
• Extensive consumer education
• Comprehensive product selection
• Competitive pricing
Our ownership team includes lifetime Fresno
resident Lawrence (Larry) Artenian, Fresno native
and cannabis attorney, Courtney Caron, and The
Artist Tree’s founders, Lauren Fontein, Avi Kahan,
and Mitchell (Mitch) Kahan.
Larry and Courtney have deep roots in Fresno.
For his entire life, Larry has resided in Fresno. He
is a Professor of Contract Law at San Joaquin
College of Law in the neighboring city of Clovis,
and a Partner at Jones, Kopfman & Artenian LLP
in Fresno. Courtney is a graduate of California
State University Fresno and San Joaquin College
of Law, where she and Larry first became
acquainted nearly 17 years ago. In early 2020,
Courtney partnered with Larry, Lauren, Avi, and
Mitch to develop Fresno’s ideal cannabis store.
Lauren, Avi, and Mitch have owned and operated
several successful licensed retail cannabis
businesses in California since 2006. They created
The Artist Tree (“TAT”) to promote local artists
and to provide a safe, welcoming and communal
space for cannabis exploration. In 2018, they
teamed up with Courtney to open the first
Artist Tree location in West Hollywood and have
continued working with her on subsequent retail
projects throughout California. The team is now
operating and developing eight retail locations
(West Hollywood, Los Angeles (3), El Sobrante,
Riverside, Corona and Oxnard) and two cannabis
consumption lounges (West Hollywood) under
The Artist Tree brand. They co-own additional
retail stores in Los Angeles and Long Beach.
As in Fresno, Lauren, Avi and Mitch have forged
partnerships with local residents and social
equity partners to operate their other locations
(e.g., Riverside, El Sobrante and Koreatown),
promoting local and social equity business
ownership. Unlike many other growing cannabis
companies, TAT’s owners are directly involved
in every aspect of their businesses. They work
daily with store management, develop training
procedures, create inventory control systems,
implement security protocols, interact with
customers, and implement community benefit
initiatives to continually improve our businesses.
They prioritize legal compliance, drawing on our
extensive real world knowledge of regulations,
licensing, and employee management.
Drawing on their combined expertise, the TAT
team has developed an eye catching store design
that is both inviting and functional, featuring
numerous areas for displaying art, educational
consoles, and alluring product displays. They
will utilize their past experience building out retail
locations to update the existing building at 1426
N. Van Ness Avenue with a restored Art Deco
façade, hardwood floors, custom display tables,
multiple vault rooms, and alarm and surveillance
systems to create the safest and most enjoyable
customer experience possible.
In addition to cannabis experience, all of TAT’s
owners have worked with numerous nonprofit
organizations, as detailed below. They will
continue their philanthropic efforts in Fresno,
partnering with the Fresno Arts Council, Central
California Community Food Bank, Fresno Unified
School District, Tower Marketing Organization
and many more to positively impact the City’s
residents. TAT’s ownership team also draws on
years of combined education with four J.D.s
and an M.B.A from prestigious universities, as
outlined in the resumés below.
Resumés
–––––
The following resumés summarize the cannabis,
legal, and operations experience and education
of each of TAT’s owners.
13
SECTION 1
Owner Biographies
Lawrence M. Artenian
–––––
In 1912, Lawrence (“Larry”) M. Artenian’s grandfather
moved to Fresno, and thus began the 108 year
history of residency. Larry’s father, a veteran of the
U.S. Marine Corps, was also a commercial artist and
shared his love of art with Larry.
Larry is a graduate of Hoover High School, where
he won a national championship in speech and
debate. After receiving a bachelor’s degree from
Harvard University, Larry completed law school
at the University of San Francisco and began to
practice law with a firm in San Francisco’s financial
district. In 1987, Larry joined the McCormick
Barstow law firm in Fresno, where he remained for
two years before leaving to work independently,
while teaching law courses at San Joaquin College
of Law. He served as a full-time Professor of Law
for nearly twenty years, and he continues to teach
as a member of the adjunct law faculty. Larry is
currently a Partner in Jones Kopfman Artenian, a
Fresno law firm he joined in 2010.
Larry’s family connection to Fresno’s historic
downtown gave him an early interest in
preservation of the city’s architectural and artistic
heritage. As a child, he watched the demolition
of the courthouse dome and construction
of the downtown malls, and he attended the
public unveiling of Renoir’s “Grande Laveuse”
(the “washerwoman”) by then Mayor Floyd
Hyde. At Harvard, Larry was selected by the
Graduate School of Design for a seminar course
in urban redevelopment, partly because of the
international celebrity of Fresno’s Fulton Street
redevelopment efforts.
Later, as President of the Fresno Downtown
Association, Larry was appointed by the City
Council to serve on the Central Area Planning
Task Force. Working closely with the Director
and Staff of the City Planning Department,
Larry authored a portion of the Central Area
Community Plan that was adopted by the City
Council, and sat on an early committee created by
Mayor Karen Humphrey to investigate resources
for the construction of a downtown triple-A
baseball stadium. The team that was interested
in Fresno at that time chose to locate in Salt Lake
City, but during Larry’s tenure the Downtown
Association collected hundreds of pledges from
local businesses to purchase seat options, as a
way of demonstrating support in the business
community for a new downtown stadium.
Through his work on the Central Area Planning
Task Force, Larry learned that homelessness and
hunger are complex problems involving many
different sets of circumstances. Larry donates
annually to the Central California Food Bank and
the Fresno Rescue Mission, and he believes the
revenue-generating potential of the cannabis
industry can provide a significant source of
private-sector financial support for these and
other community-based efforts to address the
problems of hunger and homelessness in Fresno.
The Artist Tree recognizes the importance of
reducing food insecurity and homelesness and
works to resolve both as part of their Social
Responsibility Plan.
Larry also led the Downtown Association to
sponsor a street art festival during which local
artists were given assigned spaces to create
14
SECTION 1
temporary murals, landscapes, and portraits
in pastels, directly on the pavement of the
downtown malls, as thousands of attendees
watched. The art spanned the entire length of
the mall and featured a work by guest artist Kurt
Wenner, whose innovative street paintings had
become well-known in Europe. During the multi-
day festival, Wenner created “The Magic Flute”
on a huge canvas, taped to the pavement next
to the clock tower at Fulton and Mariposa. The
painting depicted a scene that included buildings
whose architectural elements were taken from
some of the ornate structures built in downtown
Fresno in the 1920’s. Larry committed funds from
the Downtown Association to help purchase the
finished work as a gift to the City of Fresno. Today,
it hangs in the foyer of Fresno City Hall, above a
staircase leading to the Council Chamber.
Larry believes in ventures that enrich the lives of
people of all backgrounds by bringing them into
contact with the arts. As a classical violinist, he
was employed as the youngest member of the
Fresno Philharmonic Orchestra before leaving for
college. As the concertmaster of Harvard’s Bach
Society Orchestra, Larry rehearsed with Leonard
Bernstein and performed in Boston and New York
with many classical recording artists, including
cellist Yo Yo Ma and soloists from the New
York Metropolitan Opera. Larry also supports
and advocates community and professional
theater arts, and he has made annual financial
contributions to the Oregon Shakespeare
Festival for many years. He has also acted in and
directed theatrical productions in college, as well
as community theater in San Francisco.
Through such experiences, Larry has seen over
and over again how education and participation
in the visual and performing arts can uplift young
people and serve as a bridge to better educational
opportunity, and ultimately better economic
opportunity as well. Shared artistic efforts build
self-esteem and a sense of community and
teamwork, in much the same way as participation
in organized sports.
Larry’s interest in law incidentally has a
connection to the arts. Larry’s mentor at Harvard
was James Vorenburg, then a law professor,
and later Dean of the Harvard Law School and
Assistant Special Prosecutor in the Watergate
hearings. Professor Vorenburg assisted Larry
with copyright and licensing issues related to a
theatrical production. As an attorney, Larry has
represented large and small businesses, public
entities, and working people. Today, his efforts
focus on representing employees in class action
suits to enforce California’s Labor Code and other
laws intended to protect the safety and earnings
of working people. Larry and his partners have
obtained numerous multi-million dollar judgments
and settlements on behalf of title and escrow
workers, packing house employees, truck
drivers, and others, throughout California. Most
recently, after a lengthy appeal, the U.S. Court
of Appeals affirmed a unanimous jury verdict
in a San Francisco federal court, obtained by
Larry and his partners on behalf of all Wal-Mart
truck drivers in California. Larry gave the closing
argument before the jury, which led to a recovery
of over $80 million, the largest to date achieved
by a Fresno law firm in a single case.
Larry and his partners have received various
awards for their work. One such award was
in recognition of the firm’s application of class
action laws to direct many thousands of dollars
of settlement funds to Central California Legal
Services, a local non-profit organization that
extends legal services to people who otherwise
could not afford an attorney. On behalf of the legal
team in the Wal-Mart case, Larry was nominated
as Trial Lawyer of the year in 2017 by the Justice
Foundation in Washington D.C. He has been
voted “Teacher of the Year” many times by the
students at San Joaquin College of Law, and
has received the peer-reviewed “Superlawyers”
award for both 2019 and 2020 from the legal
publishing division of Thompson-Reuters.
24
SECTION 1
an operations plan and a formal training system
for incoming staff. Mitch and Avi oversee hiring
decisions and ensure that each team member
is professional, enthusiastic and personable.
Realizing the value of team member retention, TAT
LA offers incentive bonuses for individuals who
meet certain milestones, based on time with the
company and sales metrics.
Mitch and Avi work closely with the General
Manager, Sumaiya Islam, to set sales goals,
manage inventory, and improve operations. Avi
manages bookkeeping, working with the store’s
independent auditor and legal counsel to ensure
compliance with state and local regulations. Mitch
and Lauren handle TAT LA’s marketing efforts,
creating digital and print advertisements, in store
promotions, email marketing, and social media
content. Mitch also works closely with TAT LA’s
Purchasing Manager to source inventory. Mitch
and Avi have always sought to distinguish TAT
LA from its competitors by offering an extremely
wide selection of cannabis flower, concentrates,
edibles and tinctures. TAT LA caters its offerings
to its unique demographic of middle aged
professionals, seniors, and women, carrying a
large assortment of non-traditional cannabis
products, such as topical creams, bath balms
and CBD-only products. Mitch has established
long term relationships with well known cannabis
brands such as Select, Kiva, dosist, Canndescent,
and Papa & Barkley. He also sources products
from small scale, environmentally conscious
producers, such as Flow Kana, a flower brand
that works with small, eco friendly cultivators.
In 2011, The Green Easy partnered with
IndicaOnline to pioneer a point of sale system for
cannabis dispensaries. Avi worked closely with
IndicaOnline to keep more precise accounting of
inventory, employee hours, and sales. At a time
when cash and paper receipts were the norm, Avi
brought accountability to sales, tax reporting, and
inventory management. TAT LA recently transitioned
to Blaze POS (“Blaze”) as its point of sale and
inventory management system, and also utilizes an
independent auditor to take physical inventory of its
products once a week for reconciliation purposes.
The Artist Tree Re-Brand
TAT LA is currently undergoing renovations and
will become The Artist Tree LA in Spring of 2021,
increasing The Artist Tree’s Southern California
brand presence. Lauren, Avi and Mitch have
developed a new store layout and design, consistent
with TAT’s focus on enhancing the local arts. The
updated design includes a gallery space in the
entryway, an open floor plan, custom freestanding
display tables with products shown through inlaid
glass, and increased security features. TAT LA will
work in tandem with TAT WeHo, located only 1.5
miles away, to host community events and provide
support to local charities.
MMD Marina del Rey
–––––
In 2012, Avi and Mitch acquired Cantodiem
Dispensing Collective LLC, a medical cannabis
dispensary now doing business as MMD
Marina Del Rey (MMD). They began plans to
relocate the dispensary to a prime retail spot
in Los Angeles’s Larchmont Village and began
construction in 2013.
Community Integration
Although the location was fully compliant under
Los Angeles’s cannabis ordinance, the Larchmont
community strongly opposed a dispensary in the
neighborhood. Avi and Mitch personally reached
out to neighboring businesses and attempted
to forge a relationship with the neighborhood
council. They published a letter in LarchmontLA
addressing residents’ legitimate concerns, such
as odor, loitering, and crime. Unfortunately, the
Larchmont community was not ready to welcome
a medical marijuana collective, despite MMD’s
full compliance with state and local laws. Avi
and Mitch ultimately decided to relocate MMD to
North Hollywood.
Through their battle with the Larchmont community,
Avi and Mitch learned a valuable lesson on the
29
SECTION 1
Courtney Caron
–––––
Courtney Caron works closely with the TAT team
on all of its cannabis projects, as cannabis counsel
and community affairs consultant. Fresno holds
a special place in Courtney’s heart, as she spent
nearly a decade living, studying, working and
volunteering in the City of Fresno. In 1998 as a
17-year-old Freshman, Courtney set out to earn her
degree in Communicative Sciences and Disorders
(Deaf Education) from California State University,
Fresno (CSUF). As a Bulldog, Courtney served as
President, Vice President and Philanthropy Chair of
Alpha Xi Delta Sorority, President of The Order of
Omega, and was named Greek Woman of the Year
in 2002 for her philanthropic efforts and leadership
skills exhibited as part of the student body. In 2002,
Courtney was crowned Miss Fresno County for
the Miss America Organization and spent the year
volunteering and speaking to Fresno’s youth on
Arts Education. Following graduation, Courtney
took a teaching position at Sequoia Middle School
as a math and science teacher.
Having always had an interest in the law, Courtney
decided to enroll as a student at San Joaquin
College of Law (SJCL). It was there that she met
TAT local owner, Larry Artenian, a professor of
the law school. While a student, Courtney was a
member of Delta Theta Phi Fraternity, served as
the Student Bar Association President, sat as a
member of the SJCL Board of Directors, was the
Brown Scholarship Recipient and was a semi-
finalist in the Hooper Moot Court competition.
Now, focusing her law practice on cannabis law (an
exciting and emerging area of practice), Courtney
has been featured in SJCL’s Inter Alia and has
spoken on the new student panel.
While a law student and following graduation,
Courtney worked as a litigation attorney for several
Fresno, Sacramento, Los Angeles, and San
Francisco area law firms. She eventually moved to
Santa Monica, CA, where she founded Adamant
Law Group, P.C. a boutique firm specializing in
cannabis law and music entertainment law.
In 2017, while attending a City Council meeting in
the City of West Hollywood, Courtney met Lauren
Fontein, Mitch Kahan, and Avi Kahan. Courtney
considers this meeting a pinnacle moment in
her legal career. Following this meeting, TAT
was formed and, together, Courtney, Lauren,
Avi, and Mitch drafted and submitted cannabis
license applications to the City of West Hollywood.
As a former ballerina and stained-glass artist,
Courtney’s love for both fine art and performing
arts tied perfectly with TAT’s mission of providing
a forum for the arts. Courtney successfully helped
TAT win 5 cannabis licenses in West Hollywood’s
highly competitive merit-based application
process. TAT was born.
Following the West Hollywood process, Courtney
has continued to work with TAT to rank highly in
application processes and successfully obtain
licenses in Riverside County, Contra Costa
County, and Oxnard.
For two years, Courtney has followed the
legalization of cannabis in the City of Fresno,
with the hopes that one day TAT would have the
opportunity not only to provide the City with quality
cannabis products, but also with a unique forum
for local artists to prosper. Courtney has partnered
with TAT to operate TAT Fresno, because The
Artist Tree’s passion for the advancement of the
arts aligns so well within the City.
30
SECTION 1
Aside from TAT, Courtney also represents multiple
other successful cannabis clients, for whom she
has attained numerous cannabis licenses across
the state. Courtney is most proud of the fact that
each of her clients are 100% citation free, meaning
they operate within the confines of both local and
state law. Due to Courtney’s success with merit-
based licensing and focus on compliance, Courtney
has become one of the most highly sought-after
cannabis attorneys in the state of California.
Courtney has devoted a great deal of her life
to volunteer work and impacting change within
her community. On the civic side, Courtney was
elected into public office in 2010 as a member
of the Board of Directors for a local water utility
company. While a resident of Fresno, she
volunteered with numerous food banks, homeless
shelters, children’s related organizations, and at
civic events. In more recent years, Courtney has
served as a Steering Committee Member for the
Los Angeles Food Bank’s “Food From the Bar”
Campaign, a pro bono attorney for Bet Tzedek’s (a
legal nonprofit in Los Angeles, CA) LGBTQ Gender
and Name Change clinic, a volunteer for Baby 2
Baby, and as a member of the Board of Directors of
Rail LA and the Cannabis Chamber of Commerce.
With The Artist Tree’s expansion into the City of
Fresno, Courtney will serve as both cannabis
counsel and Community Affairs Director,
developing and implementing TAT’s community
benefits programs. Courtney is most excited for
the opportunity to implement a free expungement
clinic for local residents through a partnership
with her alma mater San Joaquin College of Law
and other members of the local legal community.
Organizational Structure of The Artist Tree’s Operations Team
Chief Operating
Officer
–––––AvivHalimi
VP of Operations
–––––KennyPerez
General Manager
–––––Local Fresno Resident
VP of Business
Development
–––––Tommy Quicksilver
Purchasing
Manager
–––––SeanPollack
Chief Strategic
Officer
–––––MitchKahan
Chief Financial
Officer
–––––AviKahan
Chief Compliance
Officer & Marketing
Director
–––––Lauren Fontein
Cannabis Counsel &
Community Affairs
–––––Courtney Caron
31
SECTION 1
In addition to the ownership team, TAT also relies
on the breadth of knowledge and expertise from
its Financial Interest Holders and Advisory Team
members, as described below.
Aviv Halimi
–––––
Aviv is Chief Operating Officer of The Artist Tree
Holdings and a TAT Financial Interest Holder.
He works closely with Lauren, Avi, and Mitch to
operate TAT’s businesses. In 2013, he founded
Encore Recycling, an agricultural recycling facility
with 300,000 square feet of manufacturing space.
At Encore, Aviv managed four facilities with nearly
1,000 employees reporting to him. Encore was
acquired by Revolution in 2018, and in 2019,
Aviv was awarded Revolution’s Executive of the
Year award for his instrumental role in achieving
record levels of operational efficiency across his
facilities. Simultaneously, Aviv partnered with Avi,
Lauren, and Mitch to assist them in operating TAT
locations throughout California. Aviv now works full
time as COO of TAT, where he is instrumental in
developing operational systems, budgets, goals,
strategies, and company policies, resulting in
continual month-over-month growth at existing
TAT locations. He will continue his role as COO as
part of TAT’s operations team.
Dennis Kahan
–––––
Dennis is a financial interest holder of TAT and a
retired attorney and business owner. He was the
founder and CEO of Teletrac, one of the original
geolocation technology providers. Dennis currently
works with TAT’s locations as a consultant and
investor. In Fresno, he will advise TAT on legal
matters and operational strategy.
Elizabeth Jonasson Rosas
–––––
Elizabeth presently serves as the Strategy and
Communications Officer for Fresno Economic
Opportunities Commission. Elizabeth also
represents the Roosevelt High region on the Fresno
Unified School District Board, the third largest
school district in California. With her international
background and entrepreneurial instincts,
Elizabeth began Jonasson Consulting to serve the
thriving Fresno business community interested in
capturing a larger portion of the Hispanic Market
with expansion into Mexico. Impressed with her
skills, she was invited to join the City of Fresno to do
community outreach and Spanish-language media
relations. She continued to use her media and
outreach experience joining Coalition for Clean Air,
a statewide policy advocacy organization. More
recently she used her talent in the San Joaquin
Valley office of the California High-Speed Rail
Authority as an Information Officer. For her work
there she was named the State Public Information
Officer of the Year for 2015. Elizabeth will assist
TAT with implementation of our local hire program
in an effort to exceed the City’s goals represented
in its Social Policy.
Marie Slater
–––––
Marie is a lifelong resident of Fresno and a graduate
of Fresno High School and California State University
Fresno, where she was a member of Alpha Xi Delta
Sorority. Upon graduating Cal State Fresno in 1971,
Marie began a 47 year career as a teacher in the
Fresno and Clovis Unified School Districts, teaching
at both Daily Elementary and Pinedale. Marie has
devoted a great deal of time to giving back to the
community. She formerly served as an advisor
and board member for Alpha Xi Delta (where she
met Courtney Caron). Currently, she is a board
member of Temple Beth Israel and a volunteer for
Mike’s Books through the Housing Authority. Most
notably, Marie has been a docent of the Chaffee
Advisory Team and Financial Interest Holders
33
SECTION 1
1.2
Budget and Financial Model
At the heart of the San Joaquin Valley, Fresno is
a formidable metropolitan center surrounded by
vast agricultural areas. It is home to approximately
530,000 residents and is one of the fastest growing
cities in the US. There is a tremendous need for
safe access to legal cannabis in the area. There
are currently no licensed cannabis dispensaries
or delivery services in Fresno or in any of the
surrounding communities. The closest licensed
dispensaries are 30+ miles away in Lemoore,
Farmersville, Merced, Tulare (Medical only), and
Woodlake. Therefore, TAT will serve not only residents
of Fresno, but residents of surrounding areas,
including Clovis, Kerman, Malaga, and Sanger.
TAT’s financial model, as set forth in the Pro Forma
in Section 1.4, reflects our years of experience
operating cannabis businesses. In generating
the model, we have assumed our retail location
will open for business on September 21, 2021,
allowing 4 months for the City of Fresno to award
cannabis licenses and another 4 months for
TAT to obtain all necessary licenses/permits and
complete construction.
Initial Capital Expenditures
–––––
TAT’s Initial Capex includes renovating the building’s
interior and exterior, installing millwork, installing a
security & camera system, and building out a vault
room. TAT will work with Crawford Architecture,
Armaplex Security, and local construction, security
and IT providers to complete the project. TAT will
also purchase furniture (office desks, chairs, etc.),
IT infrastructure (iPads, Elo POS terminals, receipt
printers, etc.), interior and exterior signage, and a
Toyota Prius for delivery. TAT’s financial model line
items capital expenditures and depreciation with
the understanding that IRS Section 280E does not
currently allow for deductions other than Cost of
Goods Sold. Our total capital expenditures total
in 2021.
TAT will incur rent holding costs of
month for 12 months) and other initial costs such as
legal fees, accounting fees, and licensing, totaling
an additiona . TAT’s total start up expense
is projected at TAT understands that
unexpected difficulties and challenges often
arise when starting a new business, for example,
COVID-19. As experienced cannabis operators,
we are equipped with the liquidity necessary to
give our business time to grow. We have provided
proof of funds showing in liquid assets
(see Section 1.3). Thus, TAT has readily accessible
operational capital far in excess of that needed to
fund our start up expenses. Once operational, TAT
will occasionally take advantage of a distributor
floating product for a period of time (i.e., net 30),
generating an accounts payable line item, but TAT’s
balance sheet will never have significant liability line
items. Should TAT incur unexpected losses beyond
2022, it will remain adequately capitalized and
never have to take on outside debt/funding.
TAT will rely on its owners and operators’ expertise
to efficiently navigate the permitting process and
bring its vision to life as quickly as possible. As
the first retail cannabis store to open from West
Hollywood’s 2018 application process and the
first company to obtain CUP approval to date in
Riverside County and Contra Costa County, TAT’s
operators are adept at managing project build-
outs and quickly obtaining licensing.
Initial Capital Expenses
–––––
37
SECTION 1
We will successfully employ these methods to
attract new customers, resulting in a steady 20%
monthly growth rate. We have budgeted
for marketing during our initial ramp (
per month for 6 months) followed by $15,000 per
month or per year thereafter. We have
also modeled delivery COGS much higher than
retail COGS at 85%. This is to account for our
experience with lower margins for delivery as a
result of additional labor costs, vehicular costs,
insurance, and occasional undeliverables.
TAT operators Lauren Fontein and Mitch Kahan
will work directly on marketing campaigns and
customer retention management. In collaboration
with TAT’s in store team and their brand partners,
they will design product promotions, monthly
sale days, and special events. As in current TAT
locations, Lauren will design marketing materials,
including print materials, digital ads, email
campaigns, out of home ads, website content,
and text messaging imagery. Mitch will craft
discount and loyalty programs, manage CRM
platforms, and track the efficiency of all marketing
campaigns.
TAT will adhere to Fresno’s cannabis advertising
restrictions and will not advertise on billboards,
bus shelters, or placards (FMC § 9-3309(h)(6)).
Pursuant to state law, TAT will only advertise in
publications or locations where at least 71.6%
of the audience is 21 or older and will not use
advertisements that are appealing to minors (16
CCR § 5040).
39
SECTION 1
Other
Finally, we have included a catch all Other Expense
category, totaling a substantial 3% of gross receipts.
This catch all will encompass small line items like
Utilities (expected to total less than $12,000 per
year), Payroll Fees, Art Curation Fees, and any
additional unexpected business expenses.
Summary
–––––
TAT’s major expenses are COGS and Payroll,
both of which are variable in nature. Should
revenue not materialize as anticipated, TAT can
reduce costs as needed to ensure continued
business success. TAT projects total EBIT to
steadily increase and turn positive in 2022.
Utilizing our retail experience and the marketing
strategies described herein, in conjunction with
favorable cannabis industry trends, we believe
we will realistically achieve these projections.
1.3
Proof of Capitalization
1.4
Pro Forma
45
SECTION 1
1.5
Hours of Operation and Opening & Closing Procedures
Hours of Operation
–––––
TAT will be open from 8:00 a.m. to 10:00 p.m seven days a week in accordance with FMC § 9-3310(a)(1).
Opening Procedures
–––––
TAT’s opening procedures ensure the safety of our employees, customers and product. TAT will employ
an onsite security guard 24 hours a day to provide maximum protection to the property, ensure the
safety of the areas adjacent to the store, and deter potential break ins.
Security Guards, Front Desk Staff, Guides, Fulfillment Staff, Delivery Drivers
–––––
• Arrive at start of scheduled shift (at least 15 minutes prior to retail opening hours);
• Conduct a visual inspection of the storefront, parking lot, and surrounding areas for any security
concerns, such as forced entry, loitering, or suspicious activity, before entering the facility;
• Immediately report any breaches in security to onsite security guard and Fresno Police Department;
• Enter through the secure access employee/delivery entrance with employee specific TAT issued
key card;
• Place all personal belongings (including cell phones) in employee lockers in the employee lounge area;
• Clock-in using individualized employee ID through Wurk (a cannabis specific payroll services provider);
• Review posted announcements and check in with Manager on duty for daily team meeting; and
• Fulfillment:
–Check for orders placed prior to opening and process any pending pick up and delivery orders.
• Delivery Drivers:
–Check for pending orders and create delivery route; and
–Verify that copies of insurance and cannabis licenses are in the delivery vehicle and that the
lockbox is property secured inside the vehicle.
• Guides:
–Receive a designated tablet, POS terminal and cash drawer associated with their employee IDs;
–Verify that the amount of cash in drawer equals $100; and
–Check that all display products on the sales floor are in the correct place.
• Front Desk:
–Check that ID scanners and check in computers are up and running.
Management Staff
–––––
• Arrive at least 30 minutes prior to retail opening hours and follow applicable procedures above;
• Disarm the security system utilizing Manager’s individually designated code;
• Turn on all indoor lights in retail showroom and back of house (lights in lobby will remain on 24/7);
• Manually test all door locks, cabinet locks and safes;
• Confirm that security cameras are functioning and free of obstruction;
• Deposit $100 into each Elo cash register to ensure sufficient daily change is available.
46
SECTION 1
• Ensure the facility is clear of any slip, trip or fall hazards and that all egress pathways are unobstructed;
• Confirm that all signage, including local and state permits, are up-to-date and easily visible;
• Turn on the POS and computer systems;
• Check inventory levels in Daily Inventory Vault and transfer items from Main Inventory Vault;
• Turn on in-store music system (through Soundtrack music service);
• Ensure all scheduled staff have arrived or are otherwise accounted for;
• Host morning team meeting regarding daily task lists, any new procedures or policies, current
promotions, and any outstanding items from the prior day; and
• Ensure all staff are in their assigned stations via the schedule listing.
Closing Procedures
–––––
TAT’s Closing Procedures are designed to ensure the safety of TAT employees, promote the cleanliness
of our store, and ensure the integrity of our products.
Front Desk Staff and Guides
–––––
• Guides:
–Reconcile cash drawers at the end of shift and drop cash in safe following TAT’s cash handling
procedures;
–Ensure all product displays, including flower goblets, product packaging and product information
signs, are orderly and in the correct places; and
–Charge ordering tablets and wireless card readers.
• Fulfillment: Reconcile inventory in Daily Inventory Vault in POS system;
• Delivery Drivers: Return any undelivered products to inventory.
• Clean the retail floor with broom and wood floor mop;
• Wipe down terminals, counters, and other display areas;
• Collect all trash/recyclables and empty waste bins into the corresponding dumpster;
• Charge all tablets, ID scanners, and mobile debit card processing equipment;
• Clock out using Wurk app; and
• Gather personal belongings and leave premises prior to the Manager’s departure.
Management Staff
–––––
• At 9:50 pm, stop admitting customers to retail area and notify all remaining customers that they
must complete their purchases;
• Escor t customers out of the building prior to 10 pm and lock the doors;
• Reconcile all of the cash on hand via POS system and place it in the safe;
• Reconcile all daily sales records with CCTT-METRC (“METRC”);
• Log out of Blaze system and verify that password protection is enabled;
• Turn off Soundtrack music system;
• Turn off indoor lights in showroom, Manager’s office, and back of house;
• Activate the facility alarm system;
• Confirm that all surveillance cameras and lighting are functioning and free from obstruction;
• Confirm that all doors, cabinets and safes are closed and locked; and
• Verify all doors are secure before leaving for the day.
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SECTION 1
Security Personnel
–––––
• Escort staff members to parking lot;
• Ensure that no individuals or cars remain on the premises or in the parking lot after store hours
other than TAT’s delivery vehicle;
• Survey street and sidewalk areas adjacent to store for suspicious persons, vehicles or circumstances
(persons potentially laying in wait); and
• Exit facility with closing Manager, ensuring the nighttime guard is on duty, with doors secured and
alarm activated.
1.6
Day to Day Operations for Retail with Delivery
Compliance with State and Local Law
–––––
Legal compliance is the backbone of TAT’s operations. Our standard operating procedures have been
tested and perfected through years of experience operating compliant cannabis businesses. Our existing
stores strictly adhere to all local and state cannabis laws, including tax reporting, inventory procedures,
quality control procedures, security measures, delivery procedures, and posting requirements. We will
replicate our perfect compliance record in Fresno through strict compliance with the Fresno Municipal
Code (FMC) and California state cannabis regulations as fully described below. For example, TAT will:
• Verify the age of every individual prior to dispensing cannabis (FMC § 9-3310(a)(3));
• Utilize a buzz-in electronic/mechanical entry system to limit access to the retail area and separate
TAT’s waiting area from its retail area (FMC § 9-3310(a)(4));
• Employ armed security personnel onsite 24 hours a day (FMC § 9-3310(b)(1)(xii));
• Prohibit onsite cannabis consumption (FMC § 9-3309(a)); and
• Sell no more than the daily limits of cannabis, enumerated in 16 CCR § 5409, to a single customer
in a single day.
Day to Day Operations
–––––
The following outline describes the day to day responsibilities of TAT employees during store hours.
The duties of each TAT employee are fully detailed in Section 2.
Front Desk Staff
–––––
• Keep the front desk surface clean, organized, and free of any prohibited materials, including cell
phones, food, beverages, or magazines;
• Welcome customers warmly to the store and answer any questions;
• Scan and confirm validity of each customer’s government issued ID and check each customer into
TAT’s POS pursuant to the check in procedures described in Section 1.6.1.i below;
• Upon age verification and check in, grant each customer access to the retail floor area through a
“buzz-in” electronic entry system pursuant to FMC § 9-3310(a)(4).
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SECTION 1
Delivery Driver
(detailed fully in Section 1.6.1.vi below)
–––––
• Communicate with Fulfillment staff to prepare
orders for delivery;
• Route deliveries using TAT’s GPS system;
• Contact customers in advance of delivery to
confirm arrival;
• Safely operate TAT vehicle, park in appropriate
areas, and monitor surroundings for potential
security threats;
• Verify customers’ IDs and medical documents
before transferring products to customers;
• Collect payment via cash or mobile card reader;
• Maintain products and cash in secured
lockbox in vehicle;
• Transport cash and undelivered items back to
TAT; and
• Reconcile all delivery transactions in Blaze POS.
Additional Guide, Fulfillment, and
Delivery Driver Requirements
–––––
• Notify Manager on duty immediately of any
issues with customers, orders, or deliveries;
• Alert Manager on duty and ask to be covered
before leaving for a rest or meal break;
• Wear employee badge at all times; and
• Wear TAT uniform and adhere to TAT dress
code at all times.
Security Guards
–––––
• Conduct a perimeter inspection no less than
every hour of the parking lot, street and
sidewalk areas adjacent to the store, looking
for any individuals who are loitering, consuming
cannabis products, harassing customers/
employees, acting erratically, or are otherwise
creating a nuisance or safety threat;
• Take appropriate action to curb any illegal
or unwanted behavior, including summoning
TAT management and/or the Fresno Police
Department;
• Monitor lobby and retail showroom for any
disruptive behavior and remove any guests
exhibiting potentially dangerous or offensive
behavior;
• Monitor areas outside store for any cannabis
odors and promptly address odor issues;
• Ensure entry into the retail showroom is granted
only to customers who have been age verified
and buzzed in by the Front Desk employee;
• Ensure banned customers are denied entry
to the premises;
• Rotate between the waiting room, retail
showroom, fulfillment, and parking areas as
needed;
• Monitor customer behavior in retail showroom
to prevent possible diversion or theft; and
• Ensure the Security Guard for the following
shift is on duty prior to ending each shift.
Management Staff
–––––
• Verify that each employee clocks in and out
for his/her shift and meal break;
• Check with Cashiers throughout the day to
avoid having over $500 in a drawer at any
one time;
• Monitor the cash on hand throughout the day
and schedule cash pickups via armored car
service when necessary;
• Provide assistance to customers needing
extra help or who have an issue with an order;
• Respond to emails, customer complaints,
and employment inquiries;
• Respond promptly to security concerns;
• Receive incoming product deliveries and log
items into METRC and Blaze;
• Schedule employee shifts and manage
payroll;
• Ensure employees take required rest and
meal breaks;
• Monitor daily inventory levels and restock
inventory as needed from the Main Vault; and
• Check performance of odor control and
HVAC equipment and address any issues.
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SECTION 1
1.6.1.i
Customer Check-In Procedures
Age Verification and Medical Patient Verification
–––––
TAT strictly adheres to state and local age verification requirements to ensure that no underage
persons gain entry to our retail area. Pursuant to 16 CCR §§ 5400 & 5404 and FMC § 9-3310(a)(3),
a TAT Front Desk receptionist will verify the age and medical documentation (if applicable) of each
individual before granting access to the sales floor area of our store. All customers must present
valid photo identification showing that they are at least 21 years of age or at least 18 years of age
with valid medical patient documentation. Customers who (i) are under the age of 21 and lack valid
medical patient documentation, (ii) are under the age of 18; or (iii) who fail to present a valid form of
identification will be politely denied entry into TAT’s retail area. FMC § 9-3310(a)(4).
Photo & Age Identification
–––––
Valid forms of photo identification include the following:
• A document issued by a federal, state, county, or municipal government, or a political subdivision or
agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains
the name, date of birth, height, gender, and photo of the person;
• A valid identification card issued to a member of the Armed Forces that includes the person’s
name, date of birth, and photo; or
• A valid passport issued by the United States or by a foreign government.
Upon check in, a TAT front desk employee (FDE) will verify each customer’s age and identity by
visually confirming that the customer’s face matches the ID presented and scanning the ID through
our electronic Zebra DS9208 ID scanner. The ID scanner records and calculates ages for drivers
licenses and IDs from all 50 states as well as Canada and Military IDs. For other valid forms of ID (e.g.,
passports), the employee will visually verify that the age on the ID is at least 21 or 18 as applicable.
Medicinal Patient Documentation
–––––
If a customer identifies himself/herself as a medical patient, TAT’s FDE will ask for the patient’s
medical documentation. Acceptable medical documentation includes either (1) a valid physician’s
recommendation or (2) a Medical Marijuana Identification Card (MMIC) issued by the Fresno County
Department of Public Health (Cal. Health & Safety Code §§ 11362.7 & 11362.71). The FDE will
authenticate each patient’s documentation as follows:
• For a physician’s recommendation, contact the recommending physician for verification.
• For an MMIC, use the California Department of Health’s online system to verify the patient’s
information.
Patients with invalid medical documentation will not be allowed entry if under 21.
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SECTION 1
Customer Profile
–––––
After verifying the validity of a customer’s ID,
TAT’s FDE will scan a photo of the ID into Blaze
and create a customer profile with a unique
customer ID. In the case of a medical patient, the
receptionist will also scan the patient’s physician’s
recommendation or MMIC and add it to the Blaze
profile. The FDE will also collect each customer/
patient’s phone number and email address if the
individual wishes to join our loyalty program.
Online Pick Up and Delivery Orders
–––––
TAT offers online ordering through our website,
theartisttree.com, for in store pick up and
delivery. Customers who order online must
create a customer profile with their personal
information and upload a photo of their ID and
medicinal patient documentation (if applicable)
when placing an order. Upon pick up or delivery,
a TAT Cashier or Delivery Driver will review the
individual’s original ID and medical documentation
(if applicable) to ensure that the documents are
valid and that they match the items uploaded to
the customer’s online profile.
Record Retention
–––––
TAT will use Blaze to store all customer/patient
records electronically. Blaze is compliant with
HIPAA standards and stores its data in maximum-
security data centers in multiple locations in the
United States and Canada, which are guarded by
armed personnel. Data is also protected against
unauthorized retrieval with 256-bit SSL file
encryption. Pursuant to Cal. Bus. & Prof. Code
§26162.5, TAT will maintain patient records in
strict confidence. TAT will not maintain paper
copies of patient records onsite. To further protect
patient confidentiality, all customer profiles will be
password protected, and only staff members with
appropriate security clearance will have access
to customer profiles.
1.6.1.ii
Location and Procedures for
Receiving Deliveries
TAT only purchases cannabis goods from licensed
distributors (FMC § 9-3309(f)). TAT will receive
deliveries of cannabis goods between the hours
of 9 a.m. and 5 p.m into the Receiving area of
TAT’s back of house (See Floor Plan in Section
6: Location). The Receiving area will be directly
accessible via the rear door of the facility, which
is secured by an electronic access control and
inaccessible to customers. At no time will cannabis
products be delivered through TAT’s front door or
carried through the lobby or retail showroom.
TAT will schedule all deliveries in advance to
prevent unscheduled deliveries and to ensure that a
Security Guard and Manager are available to intake
each delivery. Approximately 15 minutes prior to
arrival, the distribution employee must notify TAT
via phone call or text that he/she is approaching
the facility. TAT management will ensure that the
surveillance cameras monitoring the receiving
area are functioning and unobstructed and that a
Security Guard is stationed at the door to supervise
the process and prevent unauthorized access
during shipment intake. Only after verifying all of
the foregoing will TAT’s Manager grant access to
the distribution employee.
Acceptance of Shipments and Product
Inspection
–––––
TAT will fully comply with all State regulations
regarding the acceptance and/or rejection of
shipments of cannabis products under 16 CCR
§ 5052.1. TAT’s Manager will:
• Review the shipping manifest and visually
verify that the products delivered match both
the shipping manifest and purchase order
and are fit for sale;
• Check for missing items, incorrect products,
noncompliant packaging/labelling, missing
certificates of analysis (COAs), and expired
products; and
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SECTION 1
1.6.1.vi
Delivery Service Procedures
Applicable Law
–––––
16 CCR §§ 5403, 5415-5421. FMC §§ 9-3309(d)-
(e),(k), and(i); 9-3310(a)(7) and (b)(3); 9-3331(d).
TAT will offer delivery to the residents of Fresno,
providing a convenient option for customers who
are unable to access the store or who simply opt for
delivery. TAT foresees that delivery will be a crucial
aspect of its business in light of COVID-19 and the
ever increasing popularity of in-home delivery. TAT’s
team is currently operating delivery in its existing
locations and will model its Fresno delivery service
after those locations. We will deliver cannabis within
the City of Fresno between the hours of 9 a.m. and
9 p.m. The 9 p.m. cutoff will ensure that our drivers
have sufficient time to arrive back at the retail store
prior to our 10 p.m. closing time.
Delivery Vehicle(s)
–––––
TAT will launch delivery with one company owned,
fully electric vehicle. As the demand for our delivery
service grows, we will add additional company
vehicles to adequately service the community.
TAT’s vehicles will be registered with the State of
California at all times.
Vehicle Details - TAT’s delivery vehicle(s) will be
environmentally friendly, fully electric cars and
will possess advanced driver safety features and
crash avoidance technology. Company vehicles
will be enclosed and will bear no markings that
identify them as cannabis delivery vehicles
pursuant to FMC § 9-3310(a)(7). All vehicles will at
all times be owned by TAT and properly licensed/
registered. The vehicle(s) and all TAT Delivery
Drivers will be insured under TAT’s automobile
insurance policy. TAT will use All Risks insurance,
a cannabis approved commercial car insurance
provider that currently provides automobile
insurance to existing TAT locations, to insure its
vehicle(s) and Delivery Drivers.
Vehicle GPS and Monitoring System - TAT’s
vehicle(s) will be outfitted with a dedicated
Vyncs Global Positioning System (GPS) device.
The GPS device will integrate directly into the
ODB-2 port of each car, which links to the
vehicle’s central computer system. By using a
GPS tracker that taps into the ODB-2 port, we
will not only have real-time tracking and alerts
about the delivery vehicle’s location, but we will
also have full visibility into the car’s operating
condition, including the car’s speed, whether it is
on or off, services warnings, and indications of
potential car failure. Using this system, we can
set up automatic alerts to management in real-
time if a driver is driving past the speed limit,
deviates from the stated route, or if the car is
potentially on the verge of mechanical failure.
This monitoring will allow us not only to safeguard
against active threats from robbers or hijackers,
but also to prevent more benign threats, such as
having a delivery car stranded in the field with
large amounts of inventory due to car failure.
TAT will track and record the geographic location
of delivery vehicle(s) at all times and provide
geographic information to the BCC upon request.
Vehicle Security - TAT’s delivery vehicle will be
fully alarmed and equipped with a lock box for
storing cannabis goods and/or cash. The lockbox
will be secured to the interior of the vehicle
through a locked tether system. The box will not
be visible or accessible to the public. Goods and/
or cash will only be removed from the lock box for
the purpose of transferring then to a customer
or to TAT management. The vehicle will also be
equipped with a dash-cam to ensure driver safety.
Vehicle Storage - TAT will use the designated
delivery vehicle parking space within its on site
parking lot as the secure location for our delivery
vehicle, both during business hours and after
the close of business. The parking lot will be
monitored 24 hours a day by video surveillance
equipment and an onsite Security Guard.
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SECTION 1
• Confirm Order Details
–Confirm that the delivery address is an
actual physical address and that it is not
located on publicly owned land or in a
building leased by a public agency;
–Confirm that the customer is at least 21 for
adult-use orders or at least 18 for medicinal
orders; and
–Confirm the validity of medical
documentation, pursuant to the
procedures outlined above.
• Remove Products from Inventory &
Package
–Remove from inventory all products
necessary to fulfill the order and place
them in a TAT shopping bag;
–Affix receipt to exterior of bag, which
contains the following information:
›Name and Address of Retailer;
›Name and employee ID # of Delivery
Driver responsible for order;
›Name and employee ID # of Fulfillment
employee;
›Date and time of order;
›Customer’s name, address, telephone
number, and customer number;
›Detailed receipt with an itemized list
of products purchased and cost,
including product weight, volume, or
other measure;
›Order total, including taxes and fees,
cost of goods, and delivery fee; and
›Upon delivery, date and time delivery
was made and customer signature.
Product Tracking Procedures
–––––
TAT’s Blaze POS includes specific functionality
for delivery orders.
• After a delivery order is packaged, the
responsible Fulfillment employee will “Check
Out” the order in Blaze and assign it to the
applicable Delivery Driver to alert the POS
that the order is leaving TAT’s facility and
being transported for delivery.
Customer Ordering Process
–––––
Customers may place delivery orders at
theartisttree.com, by telephone, or by using a
third party platform, such as Weedmaps and
IheartJane. When ordering online, consumers
have the opportunity to review product
information, including product origins, customer
reviews, known effects of use, known therapeutic
benefits, and ingredients.
Upon placing their first online order, all customers
will be required to create a customer profile and
provide the following information:
• The customer’s name, address, date of birth,
phone number, and email address;
• A photograph of the customer’s state issued
identification; and
• In the case of a medical patient, a
photograph of the patient’s MMIC or doctor’s
recommendation
After a customer submits his/her online order, the
order will immediately be transmitted to Blaze for
fulfillment. Blaze will create a unique customer ID
for the customer and designate the order as a
delivery order.
Customers who place an order by telephone will
be assisted by a TAT Guide, who will manually
create a customer profile for the caller. Phone
customers will be required to email a photo of their
IDs and medical documentation (if applicable) to
TAT’s fulfillment email address before their orders
can be fulfilled.
Order Fulfillment Process
–––––
Upon receipt of an order (electronically or
telephonically), a TAT fulfillment employee will
initiate the order fulfillment process, which
includes the following:
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SECTION 1
• Upon delivery, the Delivery Driver will mark
the product as delivered in Blaze, notifying
our POS and METRC that the products are
no longer in our inventory.
• TAT’s transport manifests are stored digitally
within Blaze and are available at any time for
review by TAT management, the City or the
BCC. They include the following information:
(i) delivery vehicle used in delivery; (ii) delivery
employee; (iii) customer information; and (iv)
products delivered.
Minimum Requirements for Delivery
Driver Positions
–––––
TAT will hire delivery drivers that are responsible,
personable, and, to the greatest extent possible,
have prior experience performing deliveries
(non-cannabis or cannabis). TAT requires that all
Delivery Drivers (1) are 21 years of age at the
time of applying and hiring; (2) possess a valid
California driver’s license; and (3) have a clean
driving record.
Delivery Associate Duties
–––––
Delivery Drivers will communicate closely
with Fulfillment employees and Managers to
coordinate deliveries each day. Delivery Drivers
follow the procedures below when conducting
deliveries in compliance with FMC § 9-3310(b)
(3):
• Retrieve order(s) from the fulfillment area;
• Review each receipt to ensure that it includes
the customer’s name, address, and phone
number;
• Review each packaged order to ensure that
the products contained therein match the
items on the printed receipt;
• Utilize OnFleet, TAT’s delivery management
software, to plan the most efficient route for
executing delivery order(s);
• Before leaving TAT’s facility, ensure that Driver
is equipped with copies of TAT’s current state
and City cannabis licenses, his/her government
issued ID, and his/her employee badge;
• Place all cannabis goods and/or cash in the
secure lockbox located within TAT’s delivery
vehicle and maintain products and/or cash in
the lockbox at all times during delivery route
unless transferring products and/or cash to a
customer or TAT management;
• Allow inspection by all BCC personnel (upon
providing proper identification) while en route
or at TAT; and
• When 5 minutes away from a customer’s
address, contact the customer via phone
or text message to inform him/her that the
delivery will be arriving shortly.
Upon arrival to delivery location, the Delivery
Driver will:
• Confirm the physical delivery address;
• Locate safe legal parking;
• Remove the order from lock box and transport
it to the customer’s door;
• Confirm the customer’s identity and age by
physically examining the customer’s driver’s
license or other government issued ID and
matching it to the name on the order;
• Confirm the order contents with the customer;
• Scan any identification information not
already included in customer profile (such as
a driver’s license or medical documentation);
• Upon appropriate verification, collect payment
from the customer via cash or debit card;
–Debit Card - The Delivery Driver will
›Confirm that the name on the card
matches the customer’s photo ID;
›Process the debit card through a
wireless debit card reader; and
›Confirm that payment has successfully
processed and transfer the order to the
customer.
–Cash - The Delivery Driver will
›Count customer’s payment and provide
change if necessary and
›Place any cash received as payment
in the lock box for safekeeping upon
returning to vehicle
–After payment, the Driver will obtain a
digital signature receipt from the customer.
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SECTION 1
TAT adheres to the following cash handling procedures:
• After each cash purchase, the Cashier on duty will deposit the cash into the cash drawer within his/
her Elo POS terminal. When the contents of the Cashier’s drawer approach $500, the Cashier will
–Take the cash drawer into the back of house Receiving area outside of the purview of customers;
–Count the cash;
–Complete a cash drop slip with the Cashier’s name and dollar amount of the drop;
–Affix the slip to the cash and place both in a sealed bag; and
–Drop the bag into a drop safe built into the floor in the Manager’s Office, which is concealed
from view at all times when not in use.
• At the end of the day the Manager on duty will:
–Collect all cash drops from the drop safe;
–Reconcile the cash with the POS sales data for the day; and
–Lock the cash inside the safe in our Main Vault Room.
• Armored Car - TAT will use Hardcar, an armored car service, to securely transfer cash to our bank
account whenever our cash balance exceeds $20,000. HardCar works with Gain to process cash
deposits. As needed, Hardcar will pick up cash from TAT and deposit it to Gain’s Master Account
at the Federal Reserve on behalf of TAT.
• Cash Vendor Payments - TAT will strive to make all payments to vendors, service providers,
and suppliers electronically or via check. However, because some cannabis vendors still do not
have access to traditional bank accounts, we will reserve up to $20,000 on hand for cash vendor
payments. TAT will follow the following procedure for outgoing cash payments:
–A TAT Manager will schedule the cash payment with the distribution company for a specific day
and time;
–Prior to the distribution employee’s arrival, the Manager will count the cash and attach it to a
copy of the corresponding invoice;
–The distribution employee will contact TAT when he/she is 15 minutes away from TAT’s facility;
–TAT’s Manager will ensure that the parking area cameras are on and functioning and alert our
Security Guard of the pick up;
–The distribution employee will enter TAT through the rear door into the Receiving Area;
–TAT’s Manager will give the employee the cash payment;
–The distribution employee will count the money and places it in a tamper proof envelope;
–The distribution employee will provide a payment receipt; and
–TAT’s Security Guard will escort him/her from the rear door of the premises to the parking lot.
Internal Management Information System
–––––
In addition, we have developed our own in-house Management Information System (MIS) that further
tracks all cash collected, disbursed, or transferred. This system architecture was designed by our COO,
Aviv Halimi, who has extensive experience designing and implementing MIS systems for large scale
manufacturing businesses with 2,000+ employees. Aviv designed the MIS software system specifically
for TAT to ensure that all cash collections, payments, transfers, and reconciliations are tracked by the
minute. Through the MIS, TAT’s management and Executive Team has full visibility and chain-of-custody
over the movement of cash from the customer, to the drop safe, to the Main Vault, and ultimately to
the armored car pickup. The system was also designed superficially to mirror the operational SOPs
for cash management that were already in place. Through our proprietary MIS system, we are able to
ensure that the location and quantity of cash at each location is always reconciled to the penny.
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SECTION 1
Product Storage Security Measures
–––––
TAT will incorporate a multitude of security features
and policies to protect cannabis products onsite,
as detailed fully in Section 5: Security Plan, which
include the following:
• Customers will not be able to access the retail
showroom until they have presented photo
identification and been buzzed in by a TAT
Front Desk employee (FMC §9-3310(a)(4)).
• The retail showroom will contain the bare
minimum amount of product necessary for
display purposes. The majority of items on the
showroom floor are display (dummy) packaging
and do not contain actual cannabis products.
• All cannabis products will be stored in one of
two secured limited-access vaults: (1) Main
Inventory Vault and (2) Daily Inventory Vault.
Both are locked with a double deadbolt and key
code locked doors (FMC § 9-3310(b)(1)(vii)).
• Only company Managers will have access to
the Main Inventory Vault and only employees
with appropriate security clearance will have
access to the Daily Inventory Vault.
• Any authorized individuals, such as outside
vendors, contractors, or other persons
conducting business that require access to
the limited-access areas, may only enter a
cannabis storage area if they are escorted
and attended by a Manager (16 CCR § 5042).
• All movement of products throughout the
facility will be clearly captured on video
surveillance. TAT’s premises will be monitored
by digital surveillance cameras and alarm
systems that will be active 24/hours a day, as
well as by security staff (FMC §§ 9-3310(b)
(1)(viii)(1); 16 CCR §§ 5044, 5045). Each
camera will clearly record limited-access
areas, point-of-sale areas, areas where
cannabis goods will be displayed for sale,
storage areas, packaging areas, and loading
areas (16 CCR § 5044).
3. Track and Trace Procedure
Applicable Law
–––––
16 CCR §§ 5048-5052; 5054; 5411. FMC §
9-3309(e)
In accordance with both local and State
regulations, TAT employees will enter all
transactions into METRC within 24 hours of
occurrence. Pursuant to Cal. Bus. & Prof. Code §
26067(b), TAT will maintain the confidentiality of
all information received and contained in METRC,
and will only disclose such information to those
fully authorized by law. Per 16 CCR § 5048, prior
to engaging in retail operations, TAT will take the
following steps to ensure compliance with local
and State track-and-trace requirements.
Implementing of Track and Trace
–––––
• Immediately upon licensing, but prior to
engaging in any retail sales, TAT will create
an account with METRC.
• Account Manager (16 CCR § 5048) - TAT
will designate TAT Owner Avi Kahan as the
METRC account Manager (“AM”). He will
authorize the store’s General Manager as a
system user. The AM and the GM will complete
state required METRC training before access
or use. Avi and each designated user will
be assigned a unique log-in and will only
be permitted to access the METRC system
using their assigned and unique logins. An
employee will never be permitted to use the
login of another employee. As AM, Avi will
have the following responsibilities:
–Attend and successfully complete all
required Account Manager Training
sessions offered through METRC prior to
licensing or no later than five days after
receiving a BCC license;
–Maintain a complete, accurate, and up-
to-date list of all METRC users, consisting
of their full names and login information;
and
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SECTION 1
–Strictly monitor all compliance notifications
from the METRC system and resolve
any issues detailed in a compliance
notification.
• Maintenance of Compliance Notifications
(16 CCR § 5048(e)) - TAT will keep a record of
all compliance notifications received from the
State, indicating how and when compliance
was achieved. If TAT cannot achieve
compliance within three (3) business days of
receiving a compliance notification, TAT will
notify the BCC immediately by submitting
the Notification and Request Form, BCC-
LIC-027.
Reporting (16 CCR § 5049)
–––––
TAT’s Blaze POS is integrated with METRC,
and all product and sales data is automatically
synced to METRC in real time. In the case of a
connection delay between Blaze and METRC,
TAT will generate METRC reports within twenty-
four (24) hours of each transaction. All reports
will be stored electronically (unless otherwise
required) within Blaze and will be accessible to
the BCC.
TAT employees will enter all cannabis activity in
the Blaze/METRC system, including:
• Sale and transfer of cannabis goods;
• Receipt of cannabis goods from distributors;
• Certificates of Analysis (COAs) containing
laboratory testing and results;
• Return of cannabis goods which do not
comply with the law;
• Destruction and disposal of cannabis goods;
and
• Recall of cannabis goods.
Each transaction entered into METRC will include
the following information:
• Name and type of the cannabis goods;
• Unique identifier (UID) of the cannabis goods;
• Amount of the cannabis goods, by weight
or count, and total wholesale cost of the
cannabis goods, as applicable;
• Date and time of the activity or transaction;
and
• Name and license number of other licensees
involved in the activity or transaction
Destruction and/or Disposal of
Cannabis Goods
–––––
If cannabis goods are destroyed or disposed of
(See Section 3.7) , we will record the following
information in METRC:
• The name of the employee performing the
destruction or disposal;
• The METRC ID of the product;
• The name and quantity of the product;
• The reason for destruction and/or disposal;
and
• Whether the item was disposed of as cannabis
waste.
Loss of Access (16 CCR § 5050)
–––––
TAT will attempt to ensure continuous internet
connectivity by installing its own dedicated internet
line. Should a loss of access to the METRC system
occur for any reason, TAT will prepare and maintain
comprehensive records detailing all commercial
cannabis activities that were conducted during
the loss of access or connectivity. Blaze will aid
in this process by providing back up storage of
transaction records. In addition to maintaining
detailed records, we will:
• Document and immediately notify the BCC
as to when access/connectivity to the system
was lost, when it was restored, and the cause
of loss, if known;
• Enter, within three (3) calendar days of
regaining access/connectivity to the METRC
system, all transactions which occurred during
the period of loss of access/connectivity; and
• Ensure that no cannabis goods are
transported, received, or delivered until
system connectivity is restored. We will submit
all loss notifications on Form BCC-LIC-027.
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5. Product Testing Procedures
Applicable Law
–––––
16 CCR §§ 5303-5307, 5406, 5408(a)(3),
5411(b)(2), 5700-5739; Cal. Bus. & Prof. Code
§§ 26100-26106, 26120; FMC § 9-3309(f).
Company Zero Tolerance Policy
–––––
TAT will ensure that all products we carry have
been properly tested by a licensed ISO/IEC 17025
accredited testing facility in full compliance with
California law. TAT has a zero tolerance policy
regarding products which have not met the
testing requirements of the State. Employees who
are involved in the purchase of products from an
unlicensed distributor or who engage in the sale
of untested products are subject to immediate
termination.
Procedure
–––––
To ensure all products retailed at TAT meet the
State’s testing requirements, we use following
standard operating procedures:
Extensive Employee Training
Educating employees properly is the first line
of defense in preventing consumer harm.
We provide detailed new hire and ongoing
employee education on the State’s product
testing requirements and our internal company
procedures for verifying proper testing.
Confirm Validity of State Licenses
As in our current stores, TAT will only purchase
products for our Fresno location from licensed
distributors per FMC §9-3309(f). Prior to
engaging in business with a distributor, TAT’s
Purchasing Manager (“PM”) will request a copy
of the distributor’s California issued cannabis
license and confirm its validity. The PM will also
confirm that all batch testing initiated by a licensed
distributor is conducted by a licensed testing
laboratory which has obtained ISO/IEC 17025
accreditation. The PM will request a copy of the
testing laboratory’s California issued license and
confirm its validity. We will retain digital copies of
distributor and testing facility licenses in Blaze.
Confirm Testing Results
Each item we retail will be identified by a unique
identifier (“UID”) and a METRC batch number.
When we receive an incoming order, we require
each batch of products to be accompanied by a
METRC tag and Certificate of Analysis (“COA”)
detailing test results. We will review every COA to
confirm that
• The testing facility fully complies with
California’s testing regulations by testing for: (1)
cannabinoids, (2) foreign material, (3) heavy
metals, (4) microbial impurities, (5) mycotoxins,
(6) moisture content and water activity, (7)
residual pesticides, (8) residual solvents and
processing chemicals, and (9) terpenoids;
• The batch has passed all tests for items (1)-
(9) above; and
• The THC, CBD, CBDa, CBG, and CBN content
of the product matches the amount advertised
by the distributor/cultivator/manufacturer.
We also reserve the right to confirm with the
testing laboratory that
• The required tests were conducted and that the
COAs are accurate;
• The proper batch size was tested;
• The distributor was physically present to observe
the laboratory employee obtaining the sample
of the product for testing and that increments
were taken from throughout the batch;
• A video recording, with verbal affirmations, was
taken of the testing process;
• The testing facility and distributor signed and
dated a chain of custody; and
• The distributor did not assist the laboratory
employee nor touch the cannabis goods or
sampling equipment while sample was being
obtained.
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• Updates to cannabis laws;
• New product information;
• Changes to company policies;
• Emerging trends in the industry;
• Updated safety protocols; and
• Community concerns.
TAT also encourages employees to pursue outside
education. We provide a credit of $100 per month
to employees who are enrolled in verifiable
educational programs (related to any field),
including formal degree programs, professional
accreditation programs, performing arts classes
(music, art, theater, etc.). We also promote career
advancement by covering the costs associated
with education programs related to:
• Cannabis industry topics, such as cultivation,
manufacturing, and product information;
• Specific job duties at TAT, including inventory
management, bookkeeping, customer
relations, and employee management;
• Legal compliance;
• Health, wellness, and stress management; and
• Entrepreneurship
TAT supports a wide variety of continuing
education programs relevant to the cannabis
industry, including education on how to start and
operate a new cannabis business as part of our
overall plan to promote career advancement
and social equity cannabis business ownership
(described below). These programs include:
Oaksterdam University
(oaksterdamuniversity.com)
• The Business of Cannabis: 14 week live
instruction course designed to fully prepare
students for opening and operating a
compliant cannabis business, which covers
the following topics:
–History, Science and Law of Cannabis
–Therapeutic Effects of Cannabis
–Methods of Ingestion
–Facility Design Requirements
–Cannabis Cultivation
–Regulation and Compliance
–Crafting a Business Plan and Pro Forma
–Business Startup and Licensing
–Employee Hiring and Management
–Advocacy
• Budtending Cer tificate Program:
Comprehensive program that empowers
budtenders with cannabis knowledge and
customer relations skills, including:
–History, Science and Law of Cannabis
–Products and Methods of Ingestion
–Budtending Roles and Responsibilities
–Product Handling Procedures
–Security and Chain of Custody
–Customer and Patient Relations
–Cannabis Dosing
–Cannabis Strains, Genetics, and the
Sativa/Indica Fallacy
Cannabis Training University
(cannabistraininguniversity.com)
• Staff Training Program: Comprehensive
certification program for current employees,
covering the following topics:
–Laws and Regulations
–Essential Budtender Skills
–Cannabis Retail and Delivery Management
–Cannabis as Medicine
• How to Open a Dispensary: Education on
how to launch a new cannabis business, with
the following content:
–Preparing Business Startup Documents
–Banking
–Lease Issues
–Purchasing cannabis products
–Security
–Creating a Budget
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Employee Handbook–––––
TAT’s employee handbook details TAT’s employment policies. The
handbook summarizes the employee benefits, paid time off, and leave
policies set forth above. In addition, it covers the following topics:
1. Open Door Policy: TAT encourages employees to contact their
supervisor and store GM directly with any issues or complaints.
Employees may also contact TAT’s President directly if the GM is
unable to address their concerns.
2. Equal Opportunity Employment: TAT bases all decisions relating to
employment, including hiring, promotions, transfers, or termination,
solely on an individual’s experience, talent and qualifications. TAT
prohibits unlawful discrimination or harassment based on race, color,
religion, sex, gender identity and gender expression, pregnancy,
active military or veteran status, national origin, ancestry, citizenship,
age, marital status, physical disability, mental disability, medical
condition, active military or veteran status, sexual orientation, genetic
information or characteristics, or any other characteristic protected by
state or federal law.
3. ADA Policy: TAT makes reasonable accommodations for the known
physical or mental limitations of otherwise qualified individuals with
disabilities who are applicants or employees, including reasonable
accommodations related to pregnancy in accordance with applicable local,
state and federal law. TAT participates in a timely, good faith, interactive
process with each disabled applicant or employee to determine effective
reasonable accommodations, if any, which can be made.
a. All information regarding a disability shall be kept confidential
unless disclosure to supervisors and/or managers is necessary
to make informed decisions regarding work duties and
accommodations.
4. Establishing Employment Eligibility: Each employee, as a
condition of employment, must complete the Employment Eligibility
Verification Form I-9 and present documentation establishing identity
and employment eligibility.
5. Age Requirement: TAT employees must be at least 21 years of age
(16 CCR § 5031).
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6. Employee Badge: All employee must display a TAT provided, plastic
coated employee badge at all times, secured via a lanyard, with (1)
the employee’s name, (2) TAT’s name and license number, (3) color
photo of employee, and (4) employee number (16 CCR § 5043).
7. Prohibition Against Harassment, Discrimination and Retaliation:
TAT prohibits discrimination and harassment against applicants,
contractors, customers, employees, guests, interns, volunteers,
vendors, and others based on any protected characteristic or status,
as defined by law, including age, ancestry, color, exercising the right
to family care and medical leave, gender, gender identity, gender
expression, genetic information, marital status, medical condition,
mental illness or disability (including clinical depression and bipolar
disorder), military and veteran status, national origin, physical
disability, race, religious creed, sex, or sexual orientation.
a. TAT encourages all team members to immediately report any
act of harassment, including sexual harassment, to a supervisor.
TAT will subsequently conduct a timely, fair, and objective
investigation; document the complaint; maintain confidentiality;
consider appropriate remedies; and take reasonable action,
including warnings, reprimands, suspension or discharge.
b. Employees bringing a harassment complaint will not be
adversely affected, discriminated against, or discharged
because of the complaint.
8. Prohibition Against Providing Medical Advice: TAT employees
may not provide medical advice to customers or make any medical
claims associated with products retailed by TAT.
9. Full-Time, Part-Time, Temporary, and Seasonal Employees:
Full-Time employees are those that work at least 35 hours per week
and are eligible for company full-time employee benefits. Part-Time
employees work fewer than 35 hours per week and are eligible for
part-time employee benefits. Seasonal or temporary workers are not
eligible for employee benefits or paid leave.
10. Time Keeping: Employees must clock in at the start of their shifts
and clock out at the end of a shift via the Wurk (our cannabis payroll
provider) timekeeping app.
11. Attendance: If unable to come in to work, employees must call their
supervisor before or as close to their scheduled start time as possible.
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Unreported absences of 3 or more consecutive days are considered a
voluntary resignation without notice.
12. Work Schedule: The regular work hours at TAT are 7:45 am to 10:30
pm Monday through Sunday.
13. Overtime: Non-exempt employees are paid one and a half times their
regular hourly rate for (i) all hours worked over 40 in a work week,
(ii) all hours worked over 8 in a work day, or (iii) the first 8 hours
worked after the employee has worked 7 consecutive days in a work
week. Non-exempt employees are paid two times their regular hourly
rate for (i) all hours worked in excess of 12 in a workday and (ii) all
hours worked in excess of 8 hours on the 7th consecutive day of a
work week. Employees may be asked to work overtime, however,
TAT considers all overtime to be voluntary and not mandatory. All
overtime must be authorized by a supervisor. TAT may not require
employees to work 7 consecutive days in the same week, however, an
employee may voluntarily choose to do so.
14. Rest and Meal Periods: TAT adheres to California rest and meal
break laws. Employees are permitted to take a paid 15 minute break
for any shift over 3 ½ hours. Employees who work shifts over 5 hours
must take a 30 minute, duty free, unpaid meal break. Employees
working shifts over 9 hours are permitted an additional 30 minute meal
break. Employees that miss a break must complete a designated form.
Employees may voluntarily waive their meal breaks by completing a
designated form. Employees are free to leave TAT’s premises during
meal periods. Non-exempt employees must clock out and in at the
beginning and end of their meal breaks.
15. Lactation Policy: TAT will provide a private space within the
employees’ only area of TAT’s store for lactating mothers to express
breast milk. TAT permits such mothers to take an extra 15 minute rest
break, in addition to their normal rest and meal period, for purposes of
expressing breastmilk, for shifts worked over 7 hours.
16. Employee Conduct: TAT provides reasonable opportunities for
employees to correct behavior or actions that conflict with TAT’s
standard of conduct. However, if an employee fails to make a correction,
he/she will face disciplinary action, up to and including termination.
The following are examples of conduct that violates TAT’s standards
of conduct: falsifying company records; lack of cooperation/negative
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attitude; failure to comply with safety and sanitation standards; willful
destruction of company property; possession, use or distribution of
illegal and/or non-medically prescribed drugs on TAT’s premises;
gambling on premises; falsifying an employment application;
unauthorized removal of company property; harassment of any other
individual on TAT’s premises; smoking on TAT’s premises; use or
possession of alcohol on the premises or in TAT vehicles; working
while under the influence of alcohol/illegal drugs; unexcused
absences; excessive tardiness or absenteeism; failure to follow
company policies; dishonesty, theft, or attempted theft; conviction of
a felony; unsatisfactory work performance; or fighting while at TAT.
17. Alcohol, Cannabis, and Drug Policy: TAT strictly prohibits any use,
sale, purchase, transfer or possession of any illegal or non-prescribed
drug by employees while on duty or performing company business,
including while driving company-owned vehicles. An employee may
not report to work, be on TAT’s premises, or operate a TAT delivery
vehicle while under the influence of alcohol, cannabis, illegal drugs,
or any other substance, including legally prescribed prescription or
over-the-counter drugs, that impairs the employee’s ability to perform
his/her job duties.
a. TAT encourages employees struggling with alcohol, drug
or other substance abuse to ask a supervisor for referral
information for rehabilitation or substance abuse counseling
services.
b. TAT reserves the right to conduct drug/alcohol testing on
employees (i) as a condition of hiring; (ii) for employees in
sensitive positions; (iii) after an on-the-job accident; or (iv)
upon a reasonable suspicion that the employee is working in
an impaired condition.
18. Employee Uniforms and Personal Appearance:
a. Guides and Front Desk employees are issued an artist inspired
black jumpsuit, black TAT t-shirt, and TAT hat upon starting
employment. Similar to painters’ coveralls, the one piece suits
are comfortable and easy to wear. They create a consistent
appearance amongst employees so that guests can easily
identify a Guide while in the store. While working, Guides
and Front Desk employees must adhere to the following
guidelines:
i. Wear TAT issued black jumpsuit;
ii. Wear TAT issued lanyard/clip containing employee badge;
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iii. Wear closed-toed shoes;
iv. Ensure that clothes are clean, wrinkle free, and in
good order;
v. Wear a TAT hat, forward facing, at an employee’s
option, but not any other type of hat or head covering
unless for religious reasons; and
vi. Not wear any other clothing item over the TAT
jumpsuit (e.g., a jacket or sweater).
b. Management employees, including General Manager and
Floor Managers shall wear business casual attire while on duty,
consisting of solid colored pants (non-denim), a short-sleeved or
long-sleeved blouse or button down/collared shirt, and close-toed
shoes. Clothing items may not display any logos, text, illustrations,
or any other graphics that may be considered offensive.
c. Security Guards must wear security uniforms issued by their
referring security company.
19. Restricted Access Areas: No visitors to the facility, including friends
or family of employees, may enter restricted access areas of the store,
such as the employee lounge, cashier area, fulfillment area, manager’s
office, or product storage area.
20. Sales Limit Violations: If an employee sells more than the legal daily
limit of cannabis products to a consumer (as defined in 16 CCR § 5409
or as subsequently amended by state and/or local law), the employee will
receive a first and final warning from TAT management. Upon a second
sales limit violation, the employee shall be terminated without exception.
21. Threats, Violence, and Weapons: TAT prohibits violence, threats of
violence of any sort, fighting, or any unwelcome touching. Employees
that (i) witness violence or threats against any individual on TAT’s
premises or (ii) become aware of an individual bringing a weapon
onto the premises must immediately report such actions to their
supervisor. TAT will promptly investigate any reports of violence,
threats, or weapons, take appropriate corrective action, and discipline
or discharge offending employees.
22. Holidays: Non-exempt employees receive holiday pay of time and
a half when working on a holiday. TAT makes every attempt to
accommodate the religious observances of employees and will allow
time off for religious holidays upon receiving advance notice from the
employee requesting the time off.
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23. Safety on the Job: TAT is responsible for keeping the job site free
from hazards and complies with all applicable federal, state and local
health and safety regulations. TAT employees must immediately
report any accident on the premises to a supervisor. Work areas must
be kept clean and orderly at all times. TAT will promptly investigate
any reported accidents.
24. Security: Employees use TAT issued access cards to access secure
areas of the premises. Employees are prohibited from sharing an access
card or entry code with any other individual, and each employee must
swipe his/her own card to open any key card controlled entryway.
TAT reserves the right to search all areas of the premises, including
employee work areas and lockers where there is a reasonable suspicion
of any illegal or inappropriate items onsite, and to conduct bag checks
of employees entering and exiting the premises. Employees must also
comply with all other protocols outlined in TAT’s Security Plan.
25. Promotions: TAT fills vacancies, whenever possible, from within its
current employee team by allowing current employees to apply for
job openings before publicizing them externally.
26. Technology and Information: All company-owned computers,
databases, email and voicemail systems, and internet access via
company-owned computers and data lines are company property.
All data received, collected, downloaded, uploaded or created on
non-company computers and used for company business are also
company property. TAT prohibits transmission of inappropriate
messages, harassment, sending/receiving/downloading copyright
protected materials, disclosing confidential or trade secret information,
gambling, streaming videos unrelated to work tasks, trading in
securities, or accessing another employee’s email via the company
computer systems. TAT monitors all information stored or transmitted
through the company’s computer systems.
27. Termination: Employees may voluntarily terminate their
employment at any time by providing verbal or written notice. TAT
may terminate an employee due to poor performance, misconduct,
or other violations of company rules. TAT may also discharge
employees for lack of work or other economic considerations and
will attempt to provide advance notice. Employees who resign in
good standing are eligible for rehire consideration.
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Cannabis Laws and Regulations: Training staff members provide an overview of current cannabis
laws and regulations, especially laws governing personal use and prohibitions. For example:
• The daily limits on cannabis sales (currently one ounce of cannabis or 8 grams of concentrate for
adult-use customers) under HSC § 11357;
• Limits on personal cultivation (not more than 6 living plants) under HSC §11362.2;
• Prohibitions against consuming cannabis in public (unless in a licensed consumption facility),
manufacturing concentrates, and driving or riding in a vehicle while smoking or possessing an
open container of cannabis under HSC § 11362.3;
• Product labeling requirements under 17 CCR §§ 40403-40412;
• Hours of Operation under FMC § 9-3310(a)(1);
• State and local tax rates for adult-use customers and medical patients; and
• Limits on the amount of cannabis goods that can be carried by a delivery driver under 16 CCR § 5418.
Day One concludes with our Rules and Regulations Quiz. Employees receive two chances to take the
test and must score 80% on the quiz to continue to the next day of training. TAT makes accommodations
in administering all quizzes for anyone with known physical or mental limitations.
Orientation (Day Two)
World of Cannabis: To prepare our Guides and other employees for work at TAT, we utilize our
World of Cannabis guide. It covers all aspects of cannabis products, consumption, and the cannabis
industry, including the most up-to-date information on the following topics:
• Differences between Indica, Sativa, and Hybrid strains;
• The effects and aromas of terpenes;
• The cannabis growth process;
• Product types (vapes/edibles/tinctures/topicals/flower/pre-rolls/concentrates);
• The effects of specific cannabinoids, including THC CBD, CBG, and CBN;
• The various effects of edibles, flower, concentrates, and tinctures as methods of consumption;
• Handling cannabis products;
• Understanding THC percentages and dosages and the effects they will have on consumers;
• Cannabis as a medical remedy and which types of products are therapeutic for specific health issues;
• Potential interactions between cannabis and other substances;
• Medical patients’ rights under HIPAA; and
• Do’s and Don’ts for providing product advice.
See examples on following page of infographics from our manual.
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Orientation (Day Three)
Product Specific Knowledge: TAT’s current
locations are known for their incredibly extensive
product selections, and we will carry approximately
700 SKUs from 70 different brands in Fresno.
Because of our immense selection, we devote
significant time developing our employees’ product
knowledge. We provide information on each brand
and its product lineup. We highlight products by
brands that are customer favorites (such as 710
Labs, Canndescent, Raw Garden, and KIVA);
products that provide relief for health ailments (such
as Papa + Barkley tinctures, Tikun topicals, and Plus
CBD gummies); and unique consumption methods
(such as Omura heat-not-burn devices, Releaf
patches, LEVEL tablinguals, and Nano5 oral sprays).
On an ongoing basis, TAT also has representatives
from each brand it carries onsite every month to
provide training on the brand’s products.
Day 3 concludes with our Consumption Types
and Product IQ Quiz. All hires must score an
80% or higher to move forward to the next day of
training (with two opportunities to take the quiz).
Orientation (Day Four)
Security Concerns & Protocols: Employees
learn security and safety protocols and crime
prevention techniques. Training will include cash
management, inventory procedures, and rules of
access to different areas of the facility depending
on employee security clearance level. The training
establishes a uniform method of notification and
response to armed robbery, invasion, or any
other criminal incident. Training staff identify the
emergency alert system and the locations of silent
alarms (panic buttons) under each POS terminal.
Additionally, employees learn (1) how to evaluate
suspicious persons, vehicles, or packages, (2)
how to respond to a community-wide threat, (3)
how to handle potentially false alarms, and (4)
how to document an incident on the Alarm Log.
TAT Delivery Drivers receive specialized training
on the secure transport of cannabis products and
cash, avoiding potential hazards, and other TAT
delivery policies. (See Section 5: Security Plan).
Ensuring Safety/Handling Emergencies: The
GM and Security Consultant train staff on safety
and medical emergency protocols, based on
OSHA regulations and best industry practices.
Diversion Prevention: Training staff explains
procedures designed to prevent diversion, theft,
or other loss, including (1) the California Track
and Trace system CCTT-METRC (“METRC”), (2)
our internal inventory management system, and
(3) our inventory audit procedures. Employees
learn signs of possible theft/diversion and the
appropriate reporting procedures.
Orientation (Day Five)
Customer Interactions: New hires learn
procedures for dealing with customers, from
check in to customer exit. Specifically, we provide
training on the following procedures:
• How to identify and welcome new and
returning customers;
• How to deal with consumer complaints;
• How to answer phone calls (“It’s a good day
at The Artist Tree. My name is John. How may
I assist you?”);
• How to answer consumer questions in a
friendly and appropriate manner;
• How to respond to vendors seeking a
purchasing manager; and
• How to deal with inquiries regarding
purchasing artwork.
TAT training staff test new hires’ product knowledge
and customer relations skills by carrying out mock
customer interactions. Training staff members
pretend to be customers or vendors and new
hires act as on duty Guides. These entertaining
skits, covering a variety of potential scenarios,
are the highlight of the training program as new
hires come up with spontaneous responses to
questions, complaints, and in store occurrences.
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Employee Training Records
TAT, in compliance with local and state law, keeps
records on all employees who have been trained
and the training they have undergone.
Legally Mandated Training
Employees who hold positions that require local
or state mandated training (e.g., Designated
Account Managers using METRC undergo the
required training prior to engaging in the regulated
activity).
2.4
Commitment To Social Policy
One of the most significant ways TAT will benefit
the City of Fresno is by providing local employment
opportunities. Social distancing associated with
COVID-19 has placed a heavy strain on small
businesses, especially in the Tower District, and
many individuals have become unemployed or
will suffer a loss of employment in the coming
months. As our economy rebuilds, TAT will create
full-time careers for local Fresno residents with
opportunities for advancement. We aim to hire
100% of our workforce from within the City.
We are extremely impressed with the City’s Social
Policy guide for cannabis employers, codified in
FMC § 9-3316(b). Fresno’s Social Policy aligns
perfectly with TAT’s own policies of tailoring hiring
efforts directly toward members of the local
community most in need. TAT aligns our hiring
practices with those mandated by the Department
of Fair Housing and Employment (DFEH) and
the Equal Employment Opportunity Commission
(EEOC). We recruit, hire and promote with EEOC
principles in mind by implementing practices
designed to widen and diversify our pool of
potential team members.
TAT will endeavor to recruit 100% team members
who are local residents and who fall into one of
the following categories (“Priority Applicants”)
per FMC § 9-3316(b)(1):
• Annual family income below 80% AMI;
• Convicted for a cannabis related crime that
could have been prosecuted as a misdemeanor
or citation under current State law;
• Lived in a low to moderate income census tract
in the city for a minimum of three (3) years;
• Veteran;
• Former foster home youth who was in foster
care as a minor;
• Unemployed; or
• Receiving public assistance.
We understand the difference between making a
promise and executing a successful plan. We are
confident we will execute our plan of staffing the
majority of our positions with Priority Applicants,
because we already provide job opportunities to
similarly situated individuals in our existing stores.
In our West Hollywood, Los Angeles and Long
Beach locations, we routinely draw our talent
from local residents who are under-represented
in the general working population, receiving
public assistance, residing in low income areas,
have been negatively impacted by prior cannabis
laws, and/or are unemployed. Our diverse mix of
team members from numerous ethnicities, races,
genders, and sexual orientations spans across all
levels of employment from budtenders to senior
management staff. We are extremely proud of
our long track record of employing a diverse
workforce of local residents and will continue this
practice in Fresno.
FEOC Partnership Plan
–––––
To most effectively reach Priority Applicants,
TAT has partnered with the Fresno Economic
Opportunities Commission (FEOC). We
are not only honored, but fortunate to have
Elizabeth Jonasson Rosas, FEOC Strategy and
Communications Officer, as a member of our
Advisory Team. For over five decades, FEOC has
provided education and job placement services to
Fresno residents to reduce poverty, increase self
sufficiency, and strengthen the community. For
the past several months, we have been working
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with Elizabeth, Patrick and other members of the
FEOC to develop a plan that not only meets, but
exceeds the Social Policy goals laid out in FMC
§ 9-3316(b)(1). TAT will implement the following
recruitment plan:
• TAT will provide a grant to FEOC sufficient to
fund recruitment efforts, based on a budget
provided to TAT by FEOC.
• TAT will provide the FEOC with a list of
employment opportunities, including detailed
job descriptions.
• Utilizing funds from the TAT grant, FEOC
will develop marketing materials to notify
local residents from the categories above of
potential employment opportunities at TAT.
• In partnership with FEOC, TAT will host our
“Teach and Train” program, consisting of pre-
application workshops and job fairs. During
each workshop, we will present information
about our company, provide education on the
cannabis industry as a whole, and describe all
available positions. To get a jump start on this
process, TAT has volunteered to fund and host
an informational employment webinar with
FEOC in early 2021, as a means to introduce
cannabis employment to the community.
• In a separate webinar, TAT will provide in-
depth instructions on how to fill out our
application and identify any additional
information necessary to seek employment in
the cannabis industry. We will provide contact
information for a TAT team member, should
applicants have any additional questions or
require additional assistance with the process.
• TAT will conduct timely interviews and provide
feedback to all applicants even if they are not
selected for an immediate position.
• As staffing needs change constantly, TAT
will maintain a list of interested candidates to
contact first should an opening occur.
• Following our initial hiring process, TAT will
offer quarterly programming with FEOC to
ensure that newly interested candidates are
given the opportunity to learn about TAT and
be placed on our interested candidates list.
We realize that the wider we cast our net, the
more we will reach talented candidates and
Priority Applicants. In addition to FEOC, we will
implement similar recruitment efforts with the
following organizations:
• Arthur Moss at Fresno Regional WDB
Workforce Connection;
• Owens Valley Career Development Center;
• Fresno Chamber of Commerce
• Fresno County Women’s Chamber of
Commerce;
• Lincoln Training Center;
• Fresno City College Career Center;
• California State University Fresno Career
Center.
TAT also anticipates we will receive a significant
number of job applications from interested local
residents via our website and from customers
who visit our storefront, as this occurs daily at
our West Hollywood location. Additionally, we
anticipate referrals from our local owner, Larry
Artenian, and our Advisory Team members.
Welcoming Interview Process
We recognize that many individuals feel nervous
and insecure during job interviews, especially
those from marginalized groups. TAT promotes
an open-door hiring policy through a casual,
non-threatening application process to help
Priority Applicants succeed. We offer an inclusive,
relaxed interview process. We encourage
applicants to dress casually and will not require
formal resumés or cover letters. Our interviewers
treat all applicants equally and are sensitive to the
difficulties certain individuals encounter in the job
application process. We seek a diverse team of
employees from all backgrounds and do not require
previous experience for our Front Desk, Guide and
Delivery Driver positions as our Employee Training
program is extremely thorough.
20
SECTION 2
2.5
Local Management
TAT is a proud, locally owned and managed
enterprise. TAT is owned by Larry Artenian (51%
owner), a lifelong Fresno native. Larry also owns
a Fresno-based legal practice, Jones, Kopfman
& Artenian. Larry will draw on his deep ties to
the City to help TAT identify qualified local team
members. TAT’s priority, when integrating into
a new community, is to create employment
opportunities for local residents. Rather than
relocating an existing manager from another
of our locations, we will create well paying
management positions for Fresno residents. We
will hire our General Manager and Floor Manager
directly from the local community, and we
specifically will hire residents who have lived in
the City for more than a year before hire through
the recruitment methods discussed above. We
will provide exemplary employee training and
mentorship from our seasoned TAT managers,
as described in Section 2.3, so that our Fresno
management team is fully prepared to operate a
cannabis business.
Employee Growth Chart
–––––
28
General Manager Floor Manager Guide / Delivery Fulfillment Front Desk Security Guard
16
26
14
24
12
22
10
4
20
8
2
18
6
0
2021 2022 2023 2024 2025
2.6
Number of Employees and
Job Descriptions
Number of Employees
–––––
In our first full year of operations (2022), TAT
will employ over 43 individuals from the Fresno
community in the following positions:
• General Manager: 1;
• Floor Manager: 2;
• Guides & Delivery Drivers: 18;
• Fulfillment Associates: 13;
• Front Desk Associates: 3;
• Security Guards: 6.
In addition to local employees, TAT has a robust
Executive Team, which will operate TAT’s Fresno
location and includes the following individuals:
• Community Affairs Director (Courtney Caron),
• Chief Financial Officer (Avi Kahan),
• Chief Operating Officer (Aviv Halimi),
• Chief Compliance Officer (Lauren Fontein),
• Chief Strategic Officer (Mitch Kahan),
• VP of Business Development
(Tommy Quicksilver),
• VP of Operations (Kenny Perez), and
• Purchasing Manager (Sean Pollack).
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SECTION 2
Guide
Job Summary: Our budtenders are dubbed “Guides,” because they skillfully navigate customers
through the shopping experience, providing expert guidance on products and cannabis use. Guides
are responsible for curating the guest experience at the The Artist Tree to promote creativity, inclusivity,
and cannabis exploration. They thoughtfully and professionally guide customers through the product
selection process. Guides serve as both sales floor associates and cashiers.
Responsibilities include, but are not limited to:
• Cheerfully guide guests through the shopping selection process;
• Assess each customer’s level of cannabis experience, listen to product requests, and identify
products to suit the customer’s unique needs.
• Help cultivate repeat customer base through customer recognition, loyalty program, and data retention;
• Possess extensive knowledge of products and cannabis (after completing TAT’s training program);
• Effectively communicate the safe use of our products;
• Enter orders into the Blaze POS through a handheld tablet and transmit orders to fulfillment;
• Maintain a clean and organized store;
• Perform other duties as assigned, requested or deemed necessary by management;
• Assist customers with self service ordering kiosks;
• Educate guests on artists and artwork exhibits;
• Retrieve each order from the fulfillment area and verify that all items in the shopping bag match the
items the customer ordered;
• Ring up purchases and process payment via cash or debit card; and
• Adhere to safety and security protocols.
Qualifications:
• Experience/Knowledge: Previous one (1) year experience in retail, hospitality or regulated
cannabis business preferred but not required. Basic knowledge of state and local compliance laws
preferred.
• Skills/Abilities/Other Requirements:
–Must be 21 or older;
–English speaking or bilingual;
–Able to operate a cash register;
–Able to compute basic mathematical calculations; and
–Able to prioritize, organize and make good judgments.
• Physical Requirements: Standing and walking for long periods of time. Repetitive bending,
stooping, reaching, twisting, lifting and carrying. Reaching above, at and below shoulder level.
Lifting and carrying unassisted up to 30 lbs. of bulk goods. Exposure to cleaning agents.
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SECTION 2
Fulfillment:
Job Summary: Fulfillment associates are an essential part of The Artist Tree team. They ensure a
positive guest experience by fulfilling customer orders, restocking product, keeping inventory rotated and
organized, and assisting in inventory control. They strictly adhere to company procedures and cannabis
regulations to accurately track inventory through Blaze and METRC.
Responsibilities include, but are not limited to:
• Fulfill in-store customers orders promptly as received with 100% accuracy;
• Receive and package online orders for delivery and pickup;
• Verify that all applicable discounts have been applied to orders;
• Maintain and operate Ar tist Tree technology platforms (Blaze POS, Seed, IheartJane online menu,
Weedmaps, etc.);
• Ensure proper product storage and handling with proper product rotation in accordance with FIFO
(first in, first out);
• Restock products in the fulfillment area to maintain adequate inventory;
• Maintain a clean and organized work environment;
• Advise on upcoming “best by” or expiration dates for incoming inventory;
• Assist in completion of opening and closing duties;
• Assist in inventory audits;
• Enforce legal limits on daily sales of cannabis products;
• Answer phone calls and provide ordering assistance;
• Coordinate curbside pickup and outgoing delivery orders;
• Audit digital content catalog for POS system and online menu.
Qualifications:
• Experience/Education: Previous one (1) or more years experience as budtender or inventory
specialist preferred. Basic knowledge of state and local compliance laws preferred.
• Skills/Abilities/Other Requirements:
–Must be 21 or older;
–English speaking or bilingual;
–Ability to compute basic mathematical calculations;
–Attention to detail;
–Ability to prioritize, organize and make good judgments; and
–Dependable.
• Physical Requirements: Standing and walking for long periods of time. Repetitive bending,
stooping, reaching, twisting, lifting and carrying. Reaching above, at and below shoulder level.
Lifting and carrying unassisted up to 30 lbs. of bulk goods. Exposure to cleaning agents.
26
SECTION 2
Delivery Driver
Job Summary: Delivery Drivers efficiently navigate and deliver orders throughout the City of Fresno
while providing personable service to our delivery customers. They politely and professionally
communicate with in-store staff to process orders and with customers to coordinate delivery details.
Responsibilities of the job include, but are not limited to:
• Retrieve delivery orders from our facility and verify accuracy of outgoing orders;
• Safely operate TAT owned delivery vehicle in accordance with traffic laws;
• Operate TAT navigation system (OnFleet or other) while delivering to accurately track location in
real time;
• Securely maintain and account for all inventory and payments while conducting deliveries;
• Deliver products to customers and collect payment via cash and debit card;
• Return unordered products and payment to TAT’s store;
• Track each step of the delivery process on our Blaze delivery POS;
• Carry cannabis licenses, drivers license and insurance documents at all times;
• Communicate with in-store team regarding updates to delivery orders;
• Communicate with customers regarding delivery status; and
• Assist with in-store opening and closing procedures.
Qualifications:
• Experience/Education: Previous one (1) or more years experience as a delivery driver preferred
but not required. Basic knowledge of traffic laws and state and local cannabis compliance laws
preferred.
• Skills/Abilities/Other Requirements:
–Must be 21 or older;
–Clean driving record;
–Valid driver’s license;
–English speaking or bilingual;
–Ability to compute basic mathematical calculations;
–Attention to detail;
–Ability to prioritize, organize and make good judgments; and
–Dependable.
• Physical Requirements: Sitting for long periods of time. Repetitive bending, stooping, reaching,
twisting, lifting and carrying. Reaching above, at and below shoulder level. Lifting and carrying
unassisted up to 30 lbs. of bulk goods. Exposure to cleaning agents.
Security Personnel
A Security Guard will be present on TAT’s property 24 hours a day to ensure customer and employee
safety and deter potential criminal activity. Security Guards will rotate between TAT’s entrance, retail
showroom, and delivery fulfillment area. They will also patrol the parking area and street immediately
adjacent to the store. A detailed description of their responsibilities and duties are detailed in Section
5: Security Plan.
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SECTION 2
Executive Team
TAT’s executive team will support the local Fresno staff by handling many operational functions at the
corporate level. The executive team has honed its skills in cannabis operations through decades in
the California cannabis industry. The team is composed of TAT owners, Mitch Kahan, Avi Kahan, and
Lauren Fontein (as described in Section 1) along with 5 additional team members.
• Purchasing Manager (Sean Pollack - 5 years experience in cannabis purchasing): Sean (1)
monitors inventory levels; (2) vets and onboards new vendors; (3) places purchase orders; (4)
communicates with brands regarding new products and promotions; and (5) processes returns for
defective products and recalls.
• VP of Business Development (Tommy Quicksilver - 10 years experience in cannabis sales,
marketing, and brand relations): Tommy (1) manages brand partnerships; (2) creates programming
for in store events; (3) develops creative content; and (4) manages social media accounts and
influencer marketing.
• VP of Operations (Kenny Perez - 12 years experience operating and managing employees at
hospitality businesses). Kenny will train TAT’s GM in person both at our flagship West Hollywood
store and in Fresno to adequately prepare the GM for managing the Fresno location. On an ongoing
basis, Kenny (1) works directly with the in store GM, including several days a month at TAT Fresno,
to oversee operations; (2) ensures consistency in operational policies across all TAT locations; (3)
establishes employee policies; (4) tracks sales transactions and customer trends; and (5) ensures
proper cash management across locations.
• Chief Strategic Officer (Mitch Kahan): Mitch (1) oversees the store buildout, managing
architects, consultants, and contractors; (2) hires, trains, and oversees the Regional Manager,
Purchasing Manager, and VP of Business Development; and (3) devises customer acquisition and
retention programs.
• Chief Compliance Officer/ Marketing Director (Lauren Fontein): Lauren (1) develops tailored
standard operating procedures; (2) prepares annual license applications; (3) works with the city
and state regulatory agencies to obtain necessary business and building permits; (4) develops and
implements marketing strategies; and (5) works with Community Affairs Director, Courtney Caron,
to plan community events and in store donation drives.
• Chief Financial Officer (Avi Kahan): Avi (1) works directly with store management to ensure
accurate track-and-trace and tax reporting; (2) monitors and ensures continued compliance with
all cannabis operating requirements; (3) designs and implements security systems; (4) handles
bookkeeping; and (5) tracks and reports taxes to the city and state.
• Chief Operating Officer (Aviv Halimi - 9 years experience in operations and finance): Aviv (1)
develops budgets, short and long term plans, strategies, and goals; (2) works with the GM and
Regional Manager to ensure that the store runs smoothly and is meeting sales and customer
acquisition goals; (3) tracks revenue and profits and assesses company performance; (4) works
with the other members of the executive team to create, implement, and adapt company policies
and procedures to continually increase efficiency and revenue.
• Community Affairs Director (Courtney Caron): Courtney (1) identifies community partners
most in need; (2) designs and implements giving campaigns; (3) implements the Public Relations
Plan, Community Benefits Plan, Expungement Clinic, and oversees compliance with the Fresno
Social Policy; (4) interacts with local community members, neighborhood councils, non-profits, art
related organizations, Fresno Unified, and other stakeholders.
30
SECTION 2
2.8.3
Living Wage
To attract the best possible candidates and
promote employee wellbeing, TAT offers
competitive wages that far exceed minimum and
living wages. Our starting hourly wage of per
hour exceeds Fresno’s minimum wage per
hour) by an hour. TAT offers management
salaries that far exceed both Fresno’s median
household income of and the state’s
minimum monthly salary requirement of
per year. Our Floor Manager will earn a starting
salary of per year and our General
Manager will earn a starting salary of at least
per year. TAT will provide annual raises
based on time spent with the company and job
performance further increasing each employee’s
earning potential. In addition, salaried employees
are eligible for end of year bonuses equal to
10% of their base salaries. TAT will adjust wages
and salaries yearly in line with changes to the
minimum and living wages of Fresno and the
state of California.
2.9
Social Equity Business
Incubator
The TAT team has a track record of supporting
social equity cannabis business ownership. We
realize the disadvantages faced by individuals
from low income areas or who have been
disproportionately impacted by the war on drugs,
and we strive to use our resources to help level
the playing field. In Los Angeles, TAT owners,
Lauren, Avi and Mitch, partnered with social
equity applicant Michael Saghian in 2019 to
develop a retail store (TAT Koreatown) as part of
Los Angeles’s social equity cannabis licensing
process. In a true 50/50 partnership, Lauren,
Avi, Mitch, and Michael are working side by side
to construct TAT Koreatown and will operate
it as a joint venture. This is in contrast to many
other social equity cannabis businesses, wherein
a corporate entity partners with a social equity
individual merely to get a license, and the social
equity individual does not truly own a substantial
portion of the business.
The TAT team is very excited about the possibility
of partnering with a Fresno social equity
candidate in the future to build out another Artist
Tree location. In the meantime, we will use our
store at 1426 N. Van Ness Ave. as a social equity
incubator as follows.
Creating Social Equity Owners from Within
Because more than 30% of our team members
will be Priority Applicants (as a member of one
of the groups enumerated in FMC 9-3316(b)(1)),
we anticipate that we will have many employees
that will qualify as social equity applicants. As
part of our goal of fostering career advancement,
we will encourage our team members to consider
opening and operating their own social equity
cannabis businesses and will guide them on the
path toward business ownership. Through our
employee training, mentorship, and continuing
education programs (described above), we
will provide our team members with the skills
necessary to operate their own licensed cannabis
businesses. We will provide extensive training on
purchasing, legal compliance, inventory control,
METRC, cash handling, order fulfillment, and
security protocols so that our employees learn
all aspects of operating a cannabis business. We
will also provide optional training to employees,
offered during paid work hours, on the path toward
cannabis business ownership and upcoming
licensing opportunities. For employees who want
more information, our Executive Team has an
open door policy and is available to consult with
team members one-on-one to help them achieve
their goals.
We have successfully done this in the past with a
former employee, who is now an equity owner of
TAT WeHo, Elmer Aguilar Cruz. Elmer is a native
of Honduras who immigrated to the U.S. at age
five. Elmer grew up in a financially disadvantaged,
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SECTION 3
Neighboring Businesses
Eateries
Loving Hut - 1495 N. Van Ness Ave.
Ming - 1414 N. Van Ness Ave.
Frosted Cakery - 1292 N. Wishon Ave.
Hi-Top Coffee - 1306 N Wishon Ave.
Goldstein’s Mortuary and Delicatessen - 1279 N. Wishon Ave.
Ampersand Ice Cream - 1940 N. Echo Ave.
Revue - 568 E. Olive Ave.
Supreme Donuts - 1595 N. Palm Ave.
Teazer World Tea Market - 645 E. Olive Ave.
Piemonte’s Deli - 616 E. Olive Ave.
Spokeasy Public House - 1472 N. Van Ness Ave.
Strummer’s Bar and Grill - 833 E. Fern Ave.
Veni Vidi Vici - 1116 N. Fulton Ave.
Strummer’s - 833 E. Fern Ave.
Retail
Kamikaze Apparels - 1435 N. Van Ness Ave.
Chase Flower Shop - 1405 N. Van Ness Ave.
Repeat Performance Consignment Superstore - 1429 N. Van Ness Ave.
Wonderland Comics - 1409 N. Van Ness Ave.
Tone Shop - 1446 N. Van Ness Ave.
Entertainment (Theaters/Galleries)
Broken Leg Stage & Art Gallery - 1470 N. Van Ness Ave.
Crazy Moon Studios - 1407 N. Van Ness Ave.
GCP’s 2nd Space Theater - 928 E. Olive Ave.
Roger Rocka’s Dinner Theater - 1226 N. Wishon Ave.
Spectrum Art Gallery - 608 E. Olive Ave.
Studio 74 Art Gallery - 1274 N. Van Ness Ave.
Tower Theater for the Performing Arts - 815 E. Olive Ave.
Automobile
Tower Automotive Repair - 1402 N. Van Ness Ave.
OK Car Wash - 1504 N. Van Ness Ave.
Salas International 100% Hand Car Wash - 49 E. Olive Ave.
Personal Care
Timeless Beauty Salon and Spa - 1475 N. Van Ness Ave.
Bubble Salon - 1434 N. Van Ness Ave.
Resistance Tattoo - 1459 N. Van Ness Ave.
Don’t Tell Mom Tattoo - 1140 N. Van Ness Ave
7
SECTION 3
11
SECTION 3
Noise Control
–––––
TAT’s proposed location on 1426 N. Van Ness
Ave. has previously been occupied by bars/
nightclubs with live music and late closing times.
In contrast, TAT is the perfect combination
of an art gallery and cannabis retail store and
will not operate like a noisy nightclub or a bar.
We will manage the level of noise both in and
around our property to provide consumers with
a peaceful and relaxing shopping environment.
To ensure that our noise level does not interfere
with neighboring residents or businesses, TAT
will implement the following protocols:
• Security guards will patrol both the interior
and exterior of the property 24-hours a day.
Guards will take immediate action to curb any
excessive noise from customers exiting the
building, loitering in the parking lot, or within
the premises. At no time will management or
security allow individuals to loiter near or on
the property.
• TAT will maintain a 2:1 customer to staff ratio
within the retail showroom, allowing staff to
quickly and attentively assist consumers. By
efficiently processing customers, TAT will
limit the total number of customers in the
store at any one time and, therefore, limit
potential noise.
• When the showroom floor has reached a
2:1 ratio, all remaining consumers will be
asked to wait quietly in the Lobby. Guards
will constantly monitor noise levels of waiting
customers and prevent any excessive noise.
TAT will not allow customers to queue outside
of our facility to minimize noise.
• TAT will play ambient music in the showroom
to enhance the shopping experience. We will
monitor the volume to ensure that the music
is never audible from outside our premises.
TAT will not generate any other sounds that
are audible from outside the building.
Lighting
–––––
Inside of our facility, overhead lighting and daylight
from windows will provide ample illumination.
Proper lighting is necessary to showcase the
art we curate and to provide a pleasant and safe
environment for customers. To enhance customer
safety and visibility, TAT will install exterior lighting
near surveillance cameras, entrances, exits, and
parking areas. On the exterior of the building,
recessed lighting will run along the entire length
of the building under the fascia and will provide a
safe, well lit entryway to the store. TAT’s parking lot,
located behind the building, will be illuminated by
light fixtures mounted to the exterior of the building.
In addition to lighting on TAT’s facility, the sidewalk
is illuminated by one of the Tower District’s historic
pinapple street lamps positioned just a few feet from
TAT’s entryway.
TAT’s lighting design is tasteful and unobtrusive,
with no neon lights, garish colors, or anything
that detracts from the surrounding character of
the neighborhood. No lighting will be installed
without the approval of the City’s Planning and
Development Department and will fully comply
with the Tower District Design Guidelines. In
the unlikely event that TAT receives a complaint
regarding lighting, TAT will work with Planning
and Development to immediately rectify the
situation and develop alternate lighting plans.
Litter
–––––
TAT will not permit customers to open products
on our premises. We will include signage, which is
clearly visible to customers as they exit the Lobby,
advising customers that all products must be
consumed offsite and not on public property or in a
motor vehicle (even when parked) in accordance
with CA Health & Safety Code § 11362.3. We will
eliminate any litter near our premises, regardless
of whether it is related to our business. A TAT
Security Guard will make hourly sweeps of the
perimeter of the property, thoroughly inspect
the exterior of the property and the parking lot
12
SECTION 3
for litter, and remove any litter found. Should we
receive any complaints regarding litter appearing
on neighboring properties, we will immediately
implement a corrective action and increase
the distance of our hourly patrols to include the
surrounding areas.
Vehicle and Pedestrian Traffic
–––––
TAT will create less traffic congestion and better
parking conditions than its predecessors. For the
past several decades, 1426 N. Van Ness Avenue
(zoned as CMS (Commercial Main Street))
has been operated as a bar and entertainment
venue, most recently as Full Circle Olympic.
Establishments of this type typically generate
large crowds of people at the same time, require
expansive parking for multi-hour periods, and
remain open until 2:00AM. Because of the limited
number of parking spots available in the on-site
parking lot, patrons of the bar frequently parked
for long periods on the streets adjacent to the
building. TAT’s business model differs greatly from
the bar model. Because on-site consumption
is not allowed, our customers typically do not
spend extended periods of time inside. Rather, the
typical customer completes a purchase within 15
minutes of arriving at our store. Unlike a bar, TAT
customers will visit throughout the day rather than
being concentrated at the store during a particular
time period. Not only will TAT not generate parking
issues or vehicular or pedestrian traffic congestion,
it will also be an improvement over previous tenants
with regard to these issues.
North Van Ness Avenue is a wide, single lane,
one-way street with a bicycle lane along the East
side. Along both sides of the street, vehicles
may park curbside for up to 2 hours for free. At
least two to three vehicles will comfortably fit in
the street parking located directly in front of the
building. TAT’s designated parking lot, with both
handicap and regular parking, is located behind
the building. Customers may access the lot
through a wide alley, which runs between East
Floradora Ave and East Home Ave.
Home to a multitude of commercial businesses,
N. Van Ness was designed to allow for
efficient traffic flow and to accommodate
traffic associated with commercial businesses
common to a “main street” style development.
We do not foresee vehicular traffic increasing or
causing any congestion in the area upon TAT’s
opening beyond that which the area currently
experiences or has experienced in the past.
Both sides of the street along N. Van Ness Avenue
are equipped with wide sidewalks. Given that
this is a mixed use zone with both residences
and commercial retail establishments, and given
the close proximity to Fresno City College, we do
anticipate that there are pedestrians in the area.
However, locating TAT on N. Van Ness will not
cause any more pedestrian traffic than what the
area has experienced in the past, as we are simply
taking over a building that was also highly utilized.
Crime Prevention
–––––
We know community members are often
concerned about an increase in crime as a
result of a new cannabis business. All of TAT’s
dispensaries go above and beyond the requisite
security protocols to prevent crime as described
in Section 5: Security Plan. Rather than increase
neighborhood crime, TAT will improve security
and safety in the neighborhood through
partnerships with local law enforcement,
installation of state-of-the-art security systems,
and installation of additional lighting. While
there is currently no onsite security at 1426 N.
Van Ness Ave., TAT will employ full-time onsite
security 24-hours a day to maintain access
control and surveillance, effectively deterring
criminal activity. In addition, TAT has already
reached out to Cookies Retail and Haven, both
with proposed businesses nearby, to discuss the
possibility of a roaming security guard between
E. Olive, N. Maroa and E. Floradora.
16
SECTION 3
• Daily Inventory Vault: The Daily
Inventory Vault will hold our second highest
concentration of inventory and will house one
CM-11 unit. The volume of the daily inventory
vault is approximately 2,700 cubic feet. One
CM-11 operating at 850 CFM will completely
recirculate the air every 3.2 minutes.
• Retail Floor: Because our retail showroom
will only house small samples of each
product, the retail floor will likely not generate
a significant amount of odor. The odor control
units detailed above will prevent most, if not all
odors from entering the retail area. However,
there is a possibility that odor escapes into
the retail floor area. To fully eliminate odor
and provide clean area throughout our store,
we will install an additional CM-11 unit in the
retail showroom. This area is 13,000 cubic
feet. One CM-11 operating at 850 CFM will
completely recirculate the air every 15.3
minutes.
Ionization System
–––––
We will also integrate GPS-FC48-AC 4,800 CFM
Auto-Cleaning Needlepoint Bipolar Ionization
Systems into each of our three centralized
HVAC systems to further neutralize odor. These
ionization systems each generate more than 400
million ions per cubic centimeter per second,
which have been proven effective in neutralizing
odor caused by volatile organic compounds
(“VOCs”) suspended in the air.
In addition to directly neutralizing odorous
VOCs, the ions produced by this system bond
to odor-causing particulates in the air, causing
the particles to agglomerate into larger masses.
These larger masses are more easily drawn
into existing mechanical and activated carbon
filtration systems than individual particles,
making the filtration systems exponentially more
effective than traditional air filtration systems.
These units are each designed to service 4,800
SF. We are employing 3 separate units, capable
of servicing 14,400 SF on a combined basis -
more than 5 times the 2700 square foot capacity
of our space.
Monitoring Odor Control Plan
–––––
TAT will monitor the effectiveness of its odor
control equipment and perform routine
maintenance to ensure optimal air quality. TAT’s
GM will address any and all odor complaints
and provide responses to odor complaints.
Upon request by the City, TAT will provide
all odor control records, including system
installation, maintenance, or deviations from the
implemented plan. Should the City’s Planning
and Development Director request changes
to our plan, we will immediately implement
the suggested changes, update our plan, and
provide the new plan to the City within thirty (30)
days of the modifications.
3.6
Staff Training on Odor Control
Management Training: TAT’s GM will strictly
monitor the effectiveness of our odor control
equipment and assess any complaints regarding
detectable odors. The CM-11 units are easy to
use and remain on 24 hours a day. The GM
and Floor Manager will be trained to operate
the device, by learning (1) the location of and
operation of switches to turn on/off the units; (2)
The location of carbon filters and pre-filters; and
(3) contact information for the HVAC and odor
control maintenance company. Furthermore,
the GM and Floor Manager will be trained in
proper record keeping practices associated
with the operation of the machinery and waste
receptacles. They will be responsible for
providing the City with any and all odor mitigation
records, including records related to installation,
maintenance, complaints or deviations from the
implemented plan. Managers will be instructed
to make a digital copy of all hard records, and to
file the hard copy in a secured access area.
18
SECTION 3
containing waste receptacles will be restricted
to TAT employees with appropriate security
clearance and GAIACA personnel. Public
access to this area will be strictly prohibited.
On or near the receptacle, TAT will place a sign
with thorough examples of what is and is not
acceptable to place inside the receptacle. ONLY
cannabis waste (adulterated and otherwise) will
be placed inside the receptacle.
Identifying Waste
–––––
As a retailer, TAT generates cannabis waste
from the following sources: products returned
by customers, products that have been
purchased and subsequently abandoned on
TAT’s premises, products that are defective or
otherwise unfit for retail sale, expired products,
and products that have been removed from
their packaging and used for display. All TAT
managers are trained to place any item that falls
into one of the aforementioned categories in
TAT’s GAIACA waste receptacle.
Destruction of Cannabis Goods
–––––
Prior to disposing of a product as cannabis waste,
a TAT manager must first destroy the product
by removing or separating the cannabis product
from any packaging or container and rendering
it unrecognizable and unusable (16 CCR §
5054). The manager ensures that products are
completely unusable and unrecognizable by
mixing the packaging and unpackaged product
with kitty litter prior to disposal. Cannabis
oil contained in a vape cartridge need not be
removed from the cartridge, so long as the
vape cartridge itself is unusable at the time
of disposal. To ensure the vape cartridge is
unusable managers are trained to crush the
vape cartridge with a hammer prior to disposing
of it as cannabis waste.
Recording of Waste
–––––
Prior to the disposal of any cannabis product, the
GM will log the product on the disposal manifest
provided by GAIACA as well as electronically
log the disposal of the product in CCTT-METRC
(“METRC”) and TAT’s POS system. Both the
physical and electronic log will include the type,
the volume and the batch number of the waste.
Only one batch will be disposed of at a time with
absolutely no co-mingling.
Removal of Cannabis Waste
–––––
TAT will schedule predetermined, regular waste
pick up days with GAIACA. Cannabis waste
will be removed from the property weekly or
more frequently if necessary. At no time will
the cannabis waste containers be filled beyond
capacity, preventing closure of the lids.
Record Keeping Policy
–––––
TAT’s GM will maintain records of all activities
related to the generation and disposal of
cannabis waste at our facility. The GM will also
obtain a record from GAIACA evidencing the
acceptance of the cannabis waste material at its
facility. The record must contain (1) Name and
address of the business and facility; (2) Date;
(3) Volume or weight of the cannabis waste
accepted; (4) Facility type; and (5) Name and
signature of GAIACA employee who accepted
the cannabis waste.
Once the cannabis waste is accepted by the
solid waste facility, the GM will input the date
and time of the disposal or disposition of the
cannabis waste at the solid waste facility into
METRC. These records will be subject to
inspection by the BCC and the City.
Selling of Cannabis Waste
–––––
TAT strictly prohibits the sale of any cannabis waste.
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Overall Safety Features
–––––
Described below are the safety features of The Artist Tree’s premises, including maintenance and
housekeeping procedures (CFC § 404.2.2.5).
• Fire Prevention (Major Hazards)
–Accumulation of trash and debris: TAT shall use City approved waste containers that are
appropriately sized and stored in an approved location, and will ensure regular trash pickup
from the City’s waste services provider, Mid Valley Disposal.
–Combustible Storage: TAT will store any combustible materials in an orderly manner and
separate from heating or ignition sources so that ignition cannot occur. Very few, if any,
combustible materials will be kept on the property.
–Ignition Sources and Open flames: There will be no open flames on the premises. Any other
potential ignition sources will be separated from flammable and combustible materials.
–Maintenance of Exiting
›The minimum exit access widths (as determined by the City) will be maintained always.
›The minimum aisle width (36”) will be maintained always.
›Enhanced building security will not interfere with exiting measures and will by no means
impede egress for the facility’s occupants or firefighters in the event of an emergency.
›Electronic access control will not interfere with the exiting components.
›All locking hardware on doors (interior or exterior) will meet the minimum requirements for exiting.
›All doors and door hardware will be identified on the specifications and plans presented to
the City at the time of applying for a Conditional Use Permit.
›All exit doors, passageways and exit corridors will remain free of any obstruction and
maintained as required by the Fresno Fire Code (“FFC”).
›Any security device or system that emits any medium that could obscure a means of egress
in any building, structure or premise will be prohibited.
›Emergency lighting with battery backup will be provided in all exit passageways and exit
corridors.
›Exit signs will be installed above all exits and maintained as required by code.
• Fire Department Access
–A KNOX key box or key switch will be installed on the front exterior of TAT’s building, because
access to or within TAT’s structure is restricted because of secured openings and to allow
immediate access for lifesaving or fire-fighting purposes. The key box or key switch will be of
an approved type and will contain keys to gain necessary access as required by the fire code
official per 5 FFC § 10-50506.1.
–All required exterior doors will remain operable for emergency access by firefighters. Eliminating
the function of any exterior doors will require prior approval that cannot be granted in every
circumstance, and where allowed, the door must be marked with a sign stating, “THIS DOOR
BLOCKED.”
–Rooms containing fire protection equipment (fire alarm panels, fire sprinkler valves, etc.),
controls for air-conditioning equipment, utility equipment for gas or electrical service and rooms
containing hazardous materials will have identifying signage to aid firefighters.
• Fire Extinguisher Maintenance.
–Portable fire extinguishers shall be installed in M and S occupancy groups per 5 FFC § 10-
52811.8. The size and distribution of portable fire extinguishers shall also be in accordance
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with the FFC and at the discretion of the City of Fresno Fire Department. TAT will strategically
locate all extinguishers per code. Please see the Safety Plan Diagram below for the proposed
location of all fire extinguishers.
• Electrical Hazards/Extension Cords
–Electrical panels and service equipment will be clearly identified with a clear space of not less
than 30 inches in width, 36 inches in depth and 78 inches in height. Storage will not be permitted
within the above dimensions.
• Hazardous Materials (General)
–Hazardous materials or hazardous waste will not be stored or handled at this facility apart from
cleaning products, which will be stored in a safe location. TAT understands that cannabis waste
is regulated and must be handled in accordance with all applicable laws and regulations. All
cannabis waste will be stored according to law, in a locked receptacle in a limited access area,
and will only be disposed of by a licensed waste management company. TAT will utilize GAIACA
for cannabis waste management.
Automatic Fire Protection Systems (Fire Sprinklers) 404.2.2.6
TAT’s facility is equipped with an automatic fire protection system (Fire Sprinklers).
HVAC Systems (CFC 404.2.2.7
TAT’s Heating, Ventilation and Air Conditioning (“HVAC”) System is a standard split system which
will be monitored/controlled by a supervising fire alarm system.
404.2.2.8 Fire Alarm and Monitoring System
TAT’s facility is equipped with a compliant Fire Alarm and monitoring system. Specific information
about the proposed fire alarm system including the installer’s information will be provided during the
plan submittal process. Plans and permits will be submitted to the City of Fresno Planning Division
department for approval.
404.2.2.9 Identification and assignment of personnel responsible for maintenance of systems
and equipment installed to prevent or control fires.
The GM will be responsible for maintenance of systems and installation of new equipment to prevent
or control fires.
404.2.2.10 Identification and assignment of personnel responsible for maintenance,
housekeeping and controlling fuel hazard sources.
The GM will be responsible for maintenance, housekeeping and controlling fuel hazard sources at
subject location.
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4.1
Prepared by Professional Fire Prevention and Safety Consultant
Robert L. Rowe, CFI/CFEI
Pyrocop, Inc.
4000 Long Beach Boulevard, Suite 251
Long Beach, CA 90807
Direct
(562) 988-7999 Office
(562) 988-7998 Fax
www.pyrocop.com
The attached Safety Plan has been prepared by Robert Rowe of Pyrocorp, Inc.in compliance with section 4.1
of Fresno’s Commercial Cannabis Business Application Guidelines. Robert is a professional fire prevention
and suppression consultant.
Robert began his 27-year fire service in 1980 when he was promoted up through the ranks from Firefighter
to Fire Marshal. During his career, Robert served as a Fire Inspector, Hazardous Materials Specialist, Fire
Investigator and Fire Marshal. As Fire Marshal, Robert managed an organized municipal Fire Prevention/
Investigation Division in the Los Angeles area where he obtained extensive knowledge and expertise in both
Fire Investigation and Fire & Building Codes and Standards. Robert served as President of the Area “E”
Arson Task Force and was appointed as a Special Deputy by the U.S. Marshals Service.
Robert gained his fire code knowledge and experience serving on several code and advisory committees,
such as the Uniform Fire Code Interpretation Committee, International Code Council International
Residential Code Committee, California Fire Chiefs Fire Prevention Officers Fire Code Committee,
California Building Standards Committee and the National Fire Protection NFPA 1 Fire Code Committee.
Since his retirement in 2007, Robert founded “Pyrocop, Inc.” which is based in Long Beach, California,
and has utilized his fire investigative and code knowledge in hundreds of fire loss investigations, civil
litigation matters and commercial development projects. Robert has qualified as an expert in fire related
matters throughout the United States and has served as a fire consultant in the Middle East.
Robert is a member of the California Conference of Arson Investigators, International Association of
Arson Investigators and National Association of Fire Investigators and provides fire inspector training for
the California Fire Chief’s Fire Prevention Officers Association.
As the Executive Director for the Fire Sprinkler Advisory Board of Southern California, Robert represents
over 56 fire sprinkler contractors based in the Los Angeles area and continues to serve as a code
consultant for both the public and private sector. Robert has provided fire and life safety consulting
services to cannabis applicants in the City of Los Angeles, Culver City, Long Beach, Oceanside, San
Bernardino, and several locations within Los Angeles County.
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4.2
Accident and Incident Reporting Procedures
Hazard Communication
407.4.1 Fire, Hazardous Material, and Inhalation Issues/Threats
TAT will implement precautionary measures (i.e. proper storage and handling), as required by
State law, to ensure that employees and/or customers follow the required guidelines regarding the
inhalation hazards associated with the exposure to cannabis related products.
Fire
All Cannabis products will be kept away from ignition sources while securely stored or on display and
will always be supervised by TAT’s staff.
Hazardous Materials/Inhalation Issues or Threats
As this is a cannabis retail facility, there will be no hazardous waste generated, stored, or transported
at or from TAT’s premises.
Written and Physical Mechanisms in Place to Deal with Each Situation (CFC § 407.4.2)
–––––
Written Fire Incident Procedures
A copy of a written “Fire Emergency Procedures” document will be maintained on TAT’s premises
in both the Retail Area and Manager’s Office. The document shall be clearly identified as “Fire
Emergency Procedures” and kept in an accessible location at all times.
The “Fire Emergency Procedures” document shall include the following Step by Step Process language:
• In the event of a fire emergency, the GM or his/her designated employee(s) shall call 9-1-1 to report
the fire incident.
• The GM or his/her designated employee(s) shall direct the occupants of the building to the nearest
exit and to the predesignated assembly location which will be on the north side of East Floradora
Ave. just east of North Van Ness Ave.
• If safe to do so, the GM will utilize the onsite portable fire extinguishers to suppress the fire. If the
fire cannot be suppressed or contained, the GM and TAT’s employees shall vacate the premises
and alert the surrounding businesses of the fire.
• Upon arrival at the predesignated assembly location, the GM shall account for all occupants of
TAT’s facility and render first aid, as necessary.
• Upon termination of the incident, the GM shall interface with the local fire department to determine
how the fire started and what precautionary measures should be taken to prevent future fires.
Written Hazardous Materials/Inhalation Procedures
A copy of a written Hazardous Materials/Inhalation Procedures document will be maintained on TAT’s
premises in both the Retail Area and Manager’s Office. It shall be clearly identified as “Hazardous
Materials/Inhalation Procedures” and kept in an accessible location at all times.
The Hazardous Materials/Inhalation Procedures document shall include the following Step by Step
Process language:
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SECTION 4
• In the event of a Hazardous Materials/Inhalation incident, (i.e. significant spillage of cleaning
products or hazardous gas produced resulting from mixing of incompatible cleaning products) the
GM or his/her designated employee(s) shall call 9-1-1 to report the incident.
• The GM or his/her designated employee(s) shall direct the occupants of the building to the nearest
exit and to the predesignated assembly location which is on the north side of East Floradora Ave.
just east of North Van Ness Ave.
• If safe to do so, the GM will utilize the onsite hazmat absorbent pad or mat to absorb and control
the spill. If the spill cannot be contained, the GM and TAT’s employees shall vacate the premises
and alert the surrounding businesses of the chemical incident.
• Upon arrival at the predesignated assembly location, the GM shall account for all occupants of
TAT’s facility and render first aid, as necessary.
• If an employee has come in contact with a hazardous material (i.e. splashed it in eyes, on skin or
clothing) the GM or his/her designated employee shall have the victim remove the contaminated
clothing and flush the affected area with water.
• Upon termination of the incident, the GM shall interface with the Fresno Fire Department to
determine how the incident occurred and what precautionary measures should be taken to prevent
future hazardous materials related incidents.
Fire and Safety Plan Reporting (CFC § 404.2.2)
–––––
Reporting Procedure for a Fire or Other Emergency
In the event of a fire or emergency at the property, the GM and/or his designated employee will
immediately contact the Fresno Police Department and/or Fresno Fire Department by calling 9-1-1
per 5 FFC § 10-50403.1. Immediately following the conclusion of the emergency, a member of TAT’s
ownership team will draft an internal report following an interview conducted by a member of the
ownership team and the GM. The written report will be stored both electronically and in paper form
and made available to any governing body who requires a copy.
Life Safety Strategy
–––––
Procedures for notifying occupants, including areas with a private mode alarm system
TAT’s facility is equipped with a compliant fire alarm system per 5 FFC § 10-50907.1.2. Upon activation
of the alarm system or receipt of information regarding a fire or other emergency, the GM and/or his
designated employee will direct the occupants to the designated assembly area.
Procedures for occupants under a defend-in place response
In the event an emergency requiring a “defend in place” response occurs, all window and door
openings will be secured, and the building’s HVAC system will be deactivated. The occupants of the
building will be directed to stay inside until the emergency has been mitigated and an all clear has
been declared by the police and fire departments.
Procedures for evacuating occupants, including those who need evacuation assistance
Upon receipt of a report of fire or other emergency that requires the building to be evacuated, the GM
and/or his designated employee will verbally announce the emergency to the occupants and begin
a safe and timely evacuation of the building, the GM and/or his designated employee will ensure
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that the building has been completely evacuated, including those individuals who need evacuation
assistance, and direct occupants to the designated assembly area. Once all are assembled, the
GM and/or his designated employee will perform an accountability check of all occupants.
4.3
Fire Evacuation Routes
General Evacuation Procedures
–––––
In the event of an emergency threatening the safety of employees and visitors at TAT, a building
evacuation may be necessary. All of TAT’s staff will be apprised of the following evacuation procedures.
• Employee Responsibilities
–Anyone that observes an emergency condition or situation should call 911. All regular staff will
direct any temporary employees, contractors, truck drivers, or other visitors to the proper exits
and routes to the meeting places. Staff will take the following evacuation actions:
–Take the proper evacuation routes, which are the shortest routes to the outside of the building;
–Identify two escape routes, since one exit might be blocked by fire, or other obstructions;
–Enact safety procedures unique to each area of the building; and
–After evacuating, proceed around the perimeters of the main building complex to the designated
“Assembly Area”.
• General Manager Responsibilities
–Perform a sweep of the building prior to exiting the building to ensure that all personnel have
safely evacuated;
–Confirm all perimeter doors are closed and locked, precluding unauthorized and unsafe entry
by others; and
–Confirm that any occupant with a disability is safely assisted or removed from the building and
taken to the Assembly Area.
• Primary Assembly Area: The north side of East Floradora Avenue just east of North Van Ness
Ave. (see Site/Facility Plan)
• Secondary Assembly Area: In the event the Primary Assembly Area is compromised, evacuees
will be directed to assemble at a safe location and distance from the building.
• General Manager Duties at Assembly Area:
–Cross check the “Emergency Evacuation Accountability Sheet” as well as the “Visitor Sign in
Sheet” noting if all building occupants are accounted for;
–Write in the names of any visitors, temporary associates, or new employees that are not on the list;
–Provide first aid assistance to anyone who was injured during the evacuation; and
–Monitor the incident and communicate with both the evacuees and emergency response
personnel and await further direction before allowing the evacuees to leave the premises or
re-enter the premises.
• Emergency Drills
–Emergency drills will be performed twice yearly and documented using the attached Emergency
Evacuation Drill Form. A designated employee will time the evacuation and subsequently email
each manager/department head to get feedback on the drill.
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Fire Evacuation Plan (CFC § 404.2.1)
–––––
Emergency Egress or Escape Routes
The emergency egress and escape routes are indicated on the facility site plan (See attached) and
meet the requirements of 5 FFC § 10-50403.1. If an evacuation is necessary during an emergency,
all occupants will exit the building and assemble on the north side of East Floradora Ave. just east
of North Van Ness Ave. in a timely manner. If an emergency requires a “defend in place” response,
all windows and doors will be closed, and the HVAC system will be turned off to prevent outside air
from entering the building.
Procedures for Employees Who Must Remain to Operate Critical Equipment Before Evacuating
As this is a retail sales operation, no critical equipment requiring special attention by employees
will be present in the building. Therefore, no employees will be required to remain inside to operate
critical equipment before evacuating.
Procedures for Assisted Rescue for Persons Unable to Use the General Means of Egress
Unassisted
Assisted rescue of person(s) unable to use the general means of egress unassisted during an
evacuation will be performed by the General Manager (GM) or his designated employees.
Evacuation Routes and Procedures for Accounting for Employees and Occupants After Evacuation
In the event of a building evacuation, the GM will direct the occupants of the building to the closest
exit and assemble on the north side of East Floradora Ave. just east of North Van Ness Ave. Once the
evacuated occupants are assembled in the designated assembly area, the GM, or his designated
employees, will confirm that all building occupants are accounted for.
Personnel Responsible for Rescue or Emergency Medical Aid
The GM will be responsible for rescue and emergency medical aid.
Preferred and Alternative Means of Notifying Occupants of a Fire or Emergency
The primary method of notifying both employees and other occupants of a fire or emergency will be
through the activation of the building’s monitored fire alarm system. An alternative means of notifying
occupants of the building during a fire or emergency will be accomplished using cell phone calls
and/or group text messages.
Preferred and Alternative Means of Reporting Fires and Other Emergencies to Fire
Department or Designated Emergency Response Organization
The preferred means of reporting fires and other emergencies to the fire department will be through
the inhouse landline 9-1-1 phone system. An alternate means of communicating a fire or emergency
to the fire department will be using cell phones.
Personnel Who Can Be Contacted for Further Information or Explanation of Duties Under the Plan
The GM will be the point of contact for further information or explanation of duties under the plan.
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Description of Emergency Voice/Alarm Communication System Alert Tone and
Preprogrammed Voice Messages
An emergency voice/alarm communication system with an alert tone with pre programmed voice
messages is not available at this facility. If required by the Fresno Fire Department as a condition of
licensing approval, TAT will install such a system.
Maintenance of Fire Safety and Evacuation Plans (CFC § 404.3)
TAT’s Fire Safety and Evacuation Plan will be reviewed and updated annually to ensure that changes
in staff assignments, occupancy or the physical arrangement of the building are accurately reflected
in the Fire Safety and Evacuation Plan. All updated plans will be peer reviewed by a qualified Fire Life
Safety Specialist to ensure accuracy.
Availability of Fire Safety and Evacuation Plans (CFC § 404.4)
TAT’s Fire Safety and Evacuation Plans shall be available in the GM’s office for reference and review by
employees and copies shall be furnished to the City of Fresno Fire Chief for review upon his or her request.
Distribution of Fire Safety and Evacuation Plans (CFC § 404.5)
TAT’s Fire Safety and Evacuation Plan will be distributed to the employees by the GM. The GM shall
distribute to their employees all applicable parts of the fire safety plan that will affect the employees’
actions in the event of a fire or other emergency.
Emergency Evacuation Drills (CFC § 405.1)
TAT shall conduct annual emergency evacuation drills in accordance with the CFC §§ 405.2 through
405.9 and 5 FFC § 10-50403.1.
Leadership During Drills (CFC § 405.3)
The GM will be responsible for the planning and execution of emergency evacuation drills at TAT’s facility.
Timing of Drills (CFC § 405.4)
Emergency evacuation drills will be held and supervised at TAT’s facility in varying conditions and
unexpected times as required by the 2019 California Fire Code.
Drill Records (CFC § 405.5)
TAT will maintain the following emergency evacuation drill records:
• Identity of the person conducting the drill;
• Date and time of the drill;
• Notification method used;
• Employees on duty and participating;
• Number of occupants evacuated;
• Special conditions simulated;
• Problems encountered;
• Weather conditions when occupants were evacuated; and
• Time required to accomplish complete evacuation.
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Notification of Drills (CFC § 405.6)
Prior to the commencement of an emergency evacuation drill, the GM of TAT will notify the Fresno
Fire Code Official.
Initiation of Drills (CFC § 405.7)
Emergency evacuation drills will be initiated by activating the fire alarm system at the facility.
Accounting for Building Occupants During Drill (CFC § 405.8)
Once all occupants of the building have safely evacuated and arrive at the assembly point, when
safe, a sweep of the evacuated building shall be made to ensure that the occupants have been
safely evacuated and accounted for.
Recall and Reentry After Drill (CFC § 405.9)
Upon completion of the evacuation drill, a recall signal (portable air horn or bullhorn) shall be initiated
by the fire official in charge of the incident. TAT occupants will not be allowed to reenter the building
until provided an “all clear” by the official in charge.
Evacuation Routes
TAT’s primary evacuation routes are identified on the attached Safety Plan Diagram.
• Occupants of the Retail Area and Lobby will evacuate through the front door of the facility.
• Occupants of the Daily Inventory Vault, Main Vault, Manager’s Office, and Receiving Area will
evacuate through the rear door on the northeast corner of the facility.
• Occupants of the Cashier area, Employee Break Room, Restroom, or Hallway between the Retail
Area and the east facing wall of the building will exit through the rear door on the southeast corner
of the facility.
Secondary Evacuation Routes
TAT’s premises has three exits available in the event of an evacuation. If the primary evacuation
routes are compromised, occupants will be able to exit the building via one of the other exits.
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4.4
Location of Fire Suppression Equipment
In compliance with CFC § 404.2.2.3, The Artist Tree’s Site Plan is attached and indicates
the following:
3.1. The occupancy assembly point: The north side of East Floradora Ave. just east of North
Van Ness Ave. on the sidewalk.
3.2. The locations of fire hydrants: Northwest corner of N. Van Ness Ave & E. Floradora Ave
(150 ft. from premises). Not identified on “Site Plan” due to the distance from the location.
3.3. The normal routes of fire department vehicle access. Emergency vehicles may access the
building by traveling North on Van Ness and pulling in front of the building. N. Van Ness is a
single lane, one-way street with traffic allowed in a northbound direction only.
In compliance with CFC § 404.2.2.4, The attached Floor Plans identify all the following items:
4.1. Exits;
4.2. Primary evacuation routes;
4.3. Secondary evacuation routes;
4.4. Accessible egress routes (Not required);
4.5. Refuge areas associated with smoke barriers and horizontal exits. (Not required);
4.6. Manual fire alarm boxes;
4.7. Portable fire extinguishers;
4.8. Occupant-use hose stations (Nonexistent); and
4.9. Fire alarm annunciators and controls.
4.5
Fire and Medical Emergency Training Procedures
General Emergencies
–––––
General annual training of TAT’s employees addresses the following:
• Individual roles and responsibilities;
• Threats, hazards, and protective actions;
• Notification, warning, and communications procedures;
• Means for locating family members in an emergency;
• Emergency response procedures;
• Evacuation, shelter, and accountability procedures;
• Location and use of common emergency equipment; and
• Emergency shutdown procedures.
Emergency Procedures Information (CFC § 404.7) TAT will provide training and a printed
summary to all employees regarding emergency procedures for ambulatory, nonambulatory, and
physically disabled individuals. Emergency procedures information will include, but not be limited to,
the following:
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• Location of exits;
• Location of fire alarm initiating stations;
• What the fire alarm sounds and looks like when activated;
• Fire depar tment emergency telephone number 911;
• Location of the Fire Department emergency telephone number signand
• Location of other emergency information posted within the premises; and
• The prohibition of elevator use during emergencies, if any (Not applicable).
Fire Training Procedures
–––––
General Training Procedures (CFC § 406.1)
TAT’s employees will be trained in fire emergency procedures based on the Emergency Procedures
included in this plan and in accordance with the 2019 California Fire Code, Section 404, 5 FCC §
10-50403.1, and OSHA Training Standard 1915.508. TAT will conduct all training in accordance
with NFPA 1403-2002. Training will be provided to both new and existing employees by a qualified
fire and safety professional to maintain proficiency.
Topics will include, but are not limited to:
• Emergency alarm signals;
• Primary and secondary evacuation routes, when practical;
• General principles of using fire extinguishers and hazards associated with incipient firefighting and
procedures to reduce those hazards;
• Hazards associated with the uses of portable fire protection systems;
• Familiarization of written training policies associated with the training of employees when expected
to fire an incipient fire;
• Hands on fire response training (handling and activation of fire extinguishers);
• Training on the written operating procedures to fire response employees who are expected to fight
fires (at least quarterly); and
• Any additional site-specific training as required by OSHA Training Standard 1915.508.
Additionally, TAT will conduct semi-annual drills according to its written procedures for fire response employees.
It will also conduct any additional site-specific training as required by OSHA Training Standard 1915.508.
Frequency of Training (CFC § 406.2)
TAT’s employees will be trained in the contents of the fire safety and evacuation plans and their
duties as part of the new employee orientation annually. Records of said training shall be maintained
by TAT. This training shall be provided by a qualified fire and safety professional.
Fire Prevention, Evacuation, and Fire Safety Employee Training (CFC § 406.3)
TAT’s employees will be trained in fire prevention, evacuation, and fire safety by a qualified fire and
safety professional in accordance with Sections 406.3.1 through 406.3.4 and 5 FFC § 10-50403.1.
Fire Prevention Training (CFC § 406.3.1) TAT’s employees will be apprised of the fire hazards of
the materials and processes to which they are exposed, which will be extremely minimal. Employees
shall be provided instruction by a qualified person(s) in the proper procedures for preventing fires in
the conduct of their assigned duties.
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Evacuation Training (CFC § 406.3.2)
TAT’s employees will be familiarized with the fire alarm and evacuation signals, their assigned duties
in the event of an alarm or emergency, evacuation routes, areas of refuge, exterior assembly areas
and procedures for evacuation by a qualified person(s).
Fire Suppression Training (CFC § 406.3.3)
TAT employees assigned firefighting duties will be trained by a qualified person(s) to know the
locations and proper use of portable fire extinguishers or other manual fire-fighting equipment and
the protective clothing or equipment required for its safe and proper use. The locations of fire
extinguishers are identified on the “Facility Plan.”
Emergency Lockdown Training (CFC § 406.4)
TAT’s employees will be trained to execute the lockdown plan and be trained on their assigned duties
and procedures in the event of an emergency lockdown.
Medical Emergency Training Procedures
–––––
A medical emergency is a serious and unforeseen situation that has been caused by a sudden
illness or injury, requiring urgent medical attention.
Employees are trained in anticipating different types of emergencies before they happen. In the
unfortunate event that a medical emergency does occur, employees are trained to:
• Check: Examine the injured individual to assess what type of medical emergency they have encountered.
• Call: Call 9-1-1 so that emergency life support and help will arrive as soon as possible.
• Care: Designated first aiders in the workplace should provide the relevant medical emergency procedures.
We have identified some common medical emergencies. TAT employees are trained to handle these
specific medical emergencies in the following ways:
• Collapse: Check if the individual has any other obvious industries such as a bleeding wound. If
none, put the person in a recovery position and wait with them for medical help. Ensure airways are
clear and they are breathing properly.
• Choking: Stand behind the individual and support their chest with one hand, whilst giving them up
to five sharp blows to the back. If this does not work, administer five abdominal thrusts. This should
not be performed in the same way on a pregnant woman.
• Electric Shock: Ensure power supply has been cut off, then put the person in recovery position.
• Allergic Reaction: Remove the allergens triggering the attack if possible. Lie the person down flat
and monitor their condition until help arrives.
CPR / First-Aid Training
TAT managers are trained in first-aid and CPR. In addition:
• First aid supplies are available to the trained first aid providers.
• Emergency phone numbers are placed in conspicuous places near or on telephones,
• Prearranged ambulance services for any emergency are available.
TAT coordinates an emergency action plan with the nearest outsider responders such as the fire
department, hospital emergency room, EMS providers and local HAZMAT teams, prior to opening.
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The GM will be provided information during training on how to communicate with the outside
responders in the event of an emergency.
Twice a year, TAT will provide CPR training, free of charge to any employee who is interested in obtaining
these skills. All Managers will be required to maintain CPR and First-aid certifications.
Cal/OSHA Training
TAT’s GM and at least one other employee will acquire OSHA certification, as part of TAT’s
comprehensive employee education. TAT owner, Avi Kahan, and VP of Operations are currently
OSHA certified. Cal/OSHA training includes fire safety education, specifically with regards to exit
routes, fire extinguisher use, fire prevention plans, and emergency procedures in the case of a fire
or other workplace incident.
TAT will incorporate Cal/OSHA safety guidelines to maximize workplace safety, including the following.
• Providing easily accessible first aid equipment;
• Implementing an Injury and Illness Prevention Program;
• Inspecting premises regularly for potential hazards;
• Promptly investigating workplace accidents;
• Identifying and correcting occupational hazards; and
• Enforcing employee compliance with company policies
THE ARTIST TREE • EMERGENCY EVACUATION DRILL FORM
Drill conducted by: First Name ________________________ Last Name _________________________
Contact Information: Phone: ___________________ Email: _____________________________________
Date and time: Month __________ Day _________ Year _________ Time _________
Notification method: Verbal __________ Phone ___________ Other __________________
Number of Employees participating # ____
Number of occupants evacuated # ____
Special conditions simulated (Describe)
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Problems encountered (if any)
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Weather conditions when occupants were evacuated
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Time required to accomplish complete evacuation. Hours _______ Minutes _______
Supervisor ______________________________
Supervisor’s Signature ______________________
This document must be completed at the completion of the Emergency Evacuation Drill and shall be kept on file and made
available to the City of Fresno Fire Department upon request.
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TAT promotes all forms of art, not just artwork we can physically display in our store. We host Artist
Sessions, a live stream series promoting up-and-coming artists. In our West Hollywood space, we
planned several events to showcase local performers and wellness instructors. When COVID began,
we transitioned our programming into a series of virtual events. We have sponsored numerous
musicians, comedians, DJs, and yoga instructors, helping each connect with an audience in a time
when many are struggling to find work.
Reducing Food Insecurity
TAT’s founders are also passionate about providing food resources for those in need. As part of our
West Hollywood launch, The Artist Tree West Hollywood donated a portion of sales, totaling ,
to Project Angel Food, an organization that provides meals to individuals with debilitating illnesses.
In June, TAT WeHo donated which is equivalent to over 6,500 meals to the Los Angeles
Regional Food Bank as part of its “Shop to Stop Hunger” campaign. On an ongoing basis, TAT
donates 1 meal to Feeding America for every Artist Tree brand preroll we sell. TAT WeHo also hosted
a food drive on November 20, 2020, encouraging customers to donate by offering a preroll for a
penny with every donation. We successfully collected 160 donation items. Our founders have also
volunteered for Food Forward and Cooking Matters, and they regularly donate to the Los Angeles
and North Hollywood Regional Food Banks. TAT will continue similar charitable efforts in Fresno, as
detailed below, and we have already begun our efforts to reduce food insecurity in the area.
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Developing TAT’s Community Benefit
Plan
–––––
We will solicit input from the City and the
community to finalize our CBP. Upon being
selected by the City as eligible to apply for a
commercial cannabis business permit (CCB),
TAT will follow the steps listed below to develop
our final CBP.
Step 1 - Build a Coalition
TAT has enough experience building CBPs to
know that we can neither build nor implement a
plan alone. Our first step is to build a Community
Coalition so that a wide range of community
members can help shape our plan. Our Coalition
will include individuals representing a cross-
section of non-profit organizations, civic groups,
and City staff. As a start, we have identified the
following people who we believe would make
excellent partners. We are in the processes of
reaching out to each individual to assess their
interest in serving on our coalition. Should one
of the following people be uninterested, we will
ask for a suggested replacement. With so many
qualified community members, we are confident
our coalition will truly represent the needs of the
community.
• Tyler Mackey, Executive Director of Tower
Marketing Committee: Mr. Mackey oversees
and brings together all of the businesses in
the Tower District. As our location is in the
Tower District, Tyler will provide insight into
the specific needs of neighboring businesses
and residents.
• Lilia Gonzalez Chavez, M.A., Executive
Director of Fresno Arts Council: As our focus
revolves around the art community, Ms.
Gonzalez will guide us on ways to support
Fresno’s arts community.
• Cyndie Luna, Faculty Lead for Fresno City
College’s Art Department: Ms. Luna will help
us identify the needs of up-and-coming artists
at the start of their careers.
• Martin R. Valencia, Faculty Lead for Fresno
State’s Art Department: Mr. Valencia will help
us identify the needs of up-and-coming artists
at the start of their careers.
• Julie Olson-Buchanan, Chair of the Board of
Directors of the Central California Food Bank:
Ms. Olson-Buchanan will offer insight on the
needs of local food pantries and households
struggling with food insecurity.
• David Rose, Director of Fresno County’s
Veterans Services: Mr. Rose will provide TAT
with a better understanding of the needs of
Veterans in the Fresno area and identify ways
TAT can give back to the community’s veterans.
• Diane Carbray, President/CEO for the Boys
& Girls Club of Fresno: The Boys & Girls Club
offers a program on Healthy Lifestyles. Ms.
Carbray can provide valuable insight to TAT
for teaming up and implementing our Youth
Education and Use Prevention Plan.
Step 2 – Gather Input
After developing the Coalition, TAT will gather
input from each Coalition member to identify
various ways we can provide benefits to the City.
Fresno is a diverse community with a population
of 531,576. The diverse population includes
residents identifying as Hispanic (32.7%), White
(Non-Hispanic) (27.3%), Asian (Non-Hispanic)
(13.9%), Other (Hispanic) (12.9%) and Black
(6.25%). Of the 166,758 households in Fresno,
the median household income is $49,813 which
is below the national average and significantly
below the average for California. The university
graduation rate is low at 21.6%, significantly
less than both the national average and state
average, and this aligns with a lower than
average rate of high school graduation at
76.7%. Approximately 26.9% of the population
lives under the poverty line. The City of Fresno
is home to approximately 2510 homeless
individuals and 19,449 veterans living in Fresno.
These statistics will provide guidance as we
identify organizations and individuals most in
need of assistance.
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Step 3 – Community Assessment (Open House)
In addition to input from the Coalition, TAT will host
a community open house to gain comprehensive
insight into the individual interests of the local
community. In order to spread the word about the
open house, we will ask each Coalition member
to share the information with their constituents or
the members of their respective organizations.
Additionally, we will send a letter to all neighboring
businesses and residences within a 1000 sq. foot
radius of our proposed property.
Step 4 - Identify Community Priorities
Following the open house, TAT will take the list of
community concerns and work with the Coalition to
prioritize them. We will discuss specific, achievable
ways that we can provide assistance to address
the highest ranking concerns. For example, if the
coalition identifies a need for homeless services,
TAT will plan specific giving campaigns to serve
Fresno’s unhoused population.
Step 5 – Finalize CBP
We consider our entire CBP process a
collaboration with the City. Based on the insight
and requests of the Coalition and community
members, TAT will create a comprehensive
CBP, which will detail specific giving campaigns,
in kind donations, in store programming, and
volunteer hours. TAT will subsequently meet
with City officials for approval and will make
adjustments to the plan based on their input.
Step 6 – Plan Implementation and Monitoring
The most rewarding step in our CBP process is
implementation. TAT will be accountable to the
coalition and the City to fully implement the terms
of the CBP, and we will begin implementing the
plan as soon as permissible. Based on City and
community feedback, we will revise and improve
the plan on an annual basis.
Methods of Contribution
–––––
We will implement our CBP in the following ways:
• Volunteer Hours
• In-kind Donations (Drives)
• Financial Contributions
• Organizing Community Events
Volunteer Hours
–––––
TAT’s owners set an example for employees by
committing hours of their own time volunteering.
To encourage employees to follow suit and
give through volunteer work, TAT will offer all
employees paid time off when volunteering. TAT
will identify specific volunteer opportunities for
employees, including the following organizations.
• Tree Fresno: To promote the goals of our
Sustainability Plan (see Section 7.1.2 below),
TAT will sponsor volunteer time planting trees
each June with Tree Fresno, a nonprofit that
has planted nearly 50,000 trees since 1985.
Not only will the trees beautify the area,
but they will improve air quality and lower
greenhouse gases.
• Central California Food Bank: TAT’s
ownership team will continue their
commitment to providing food to all those in
need in Fresno. As of 2018, Feeding America
reported that 15.2% of families and 22.9% of
children were food insecure in Fresno County.
In light of COVID-19, Fresno County is facing
an increased need for food resources. To help
provide food to Fresno’s residents in need,
TAT will provide volunteer hours to the Central
California Food Bank (CCFB) to help to sort
and allocate donated items. TAT has already
begun providing financial support to the CCFB
and will continue to foster its relationship
with CCFB by making additional financial
contributions, hosting non-perishable food
drives and providing volunteers.
• Fresno Barrios Unidos: Fresno Barrios
Unidos provides valuable Health Education
to youth in the community. We look forward
to volunteering our time with Fresno Barrios
Unidos and expanding the remarkable
Health Education program presently offered,
by including our Youth Education and Use
Prevention Plan (described below).
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Financial Contributions
–––––
TAT has committed to donating a minimum of
1% of gross revenues to fund our Community
Benefits Plan, totaling
annually as our business grows. We will dedicate
a portion of our CBP budget to the following
organizations and causes.
• Supporting Local Artists: TAT’s art centric
business model promotes local artists and
advancement of the arts, which are also
important needs within the City of Fresno. In
addition to displaying local art for sale, TAT
will support a variety of artists and art related
organizations. TAT’s Fresno location will
include commissioned murals from regional
artists and will host performances from local
performers as in our West Hollywood location.
• Fresno Arts Council: The Fresno Arts
Council provides financial support, services,
and other programs to cultural arts
organizations, individual artists, and the city’s
residents with the mission of enriching the
community through the arts. TAT will work
directly with the Arts Council to promote its
mission. TAT has begun working with the
Council’s Executive Director, Lilia Chavez, to
identify ways TAT can support the Council.
–ArtHop: Ms. Chavez provided the
opportunity for us to become an ArtHop
sponsor. ArtHop is a bi-weekly art festival
and Fresno County’s largest free art
event. Organized by the Arts Council,
ArtHop features a plethora of art exhibits
and performances at locations throughout
the City. The Arts Council seeks annual
sponsors to fund the costs of promoting
the event, including for printing
and distributing brochures throughout
the city. TAT will sponsor the printing of
the brochures to alleviate this expense
from the Council’s yearly budget. TAT will
also become an ArtHop stop, offering our
facility as a venue for the Tower District
and Downtown ArtHop.
–Teaching Artist Program: Because,
government funding for art programs
in schools has steadily declined, public
schools, and particularly elementary
schools, lack funding for arts classes. In
response, the Arts Council has developed
a Teaching Artist Workshop program.
The program trains artists from the
local community, Fresno City College,
and Fresno State University so they can
become credentialed to teach art at local
public schools, enabling the artists to earn
an income while practicing their craft.
TAT will help promote arts education in
schools by sponsoring the Teaching Artist
program, providing monetary support for
training expenses and materials.
• Rogue Performance Fresno: Rogue
Performance Fresno connects independent
artists and audiences through an annual
festival featuring theatre, music, dance,
spoken word, performance art, puppetry,
physical theatre, and magic acts. Rogue
Festival champions open access to
performance opportunities for all people and
reflects the values of Fresno’s Tower District.
TAT will provide monetary support to Rogue
Performance Fresno and offer to host a pre-
festival event at our storefront.
• Fresno Mission & Poverello House: The
City of Fresno, and particularly the downtown
area, has been struggling with increased
homelessness. TAT seeks to provide
resources to the homeless population so they
may receive food, shelter, and permanent
housing. TAT will work with Fresno Mission,
a shelter and substance abuse recovery
program for homeless individuals, and
Poverello House, a non-profit that provides
food, shelter and clothing to unhoused
individuals. TAT endeavors to build strong
and lasting relationships with these notable
organizations and to reduce homelessness
across the City.
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• Supporting Seniors: TAT strives to connect
with the senior community and to provide
information and resources on the many health
benefits of cannabis. In our existing locations,
we see a significant portion of customers over
the age of 60, who see cannabis as a safe
remedy for pre existing health issues. TAT
will work with Agewell Fresno and the Senior
Resource Center, to help sponsor education,
wellness services, meals, and support
services for seniors. We will also provide a
permanent 10% discount to all seniors for
products at TAT (as in our current stores).
Organize Community Events
–––––
TAT, by design, is a social and collaborative
atmosphere. We encourage visitors to explore
our showroom and peruse our carefully curated
cannabis products while surrounded by the
creative stylings of local artists. Our store will
be naturally suited to host community events,
including the following lectures, art events,
training sessions, and wellness classes.
Community Lecture Series
We will schedule a monthly lecture series
covering a variety of topics both cannabis and
non-cannabis related. For example:
• Keeping our Community Safe
• Cultivating Cannabis at Home
• Careers in Cannabis
• Sustainability
• Racial equality in the cannabis industry
Opening Month Art Contest
During our opening month, TAT will host a
contest, featuring all of the artists we have
selected for our initial exhibit. Members of the
community will have the opportunity to view all
of the art in the exhibit, either in store or online,
and vote for their favorite piece of art. The winner
of the contest will receive the opportunity to host
his or her own art showcase at TAT.
Cannabis Training Workshops
To support local equity, TAT will work with the City to
provide workshops and training for local residents
interested in operating cannabis businesses. In
addition to our Teach and Train program, which
prepares community members for cannabis
employment, we will expand our training to include
workshops for community members interested in
cannabis business ownership. Please see section
7.3 for more information.
Wellness Classes
TAT will offer free live stream wellness classes,
including sound bath, meditation, and yoga
classes taught by professional wellness
instructors. In connection with the classes, we
will provide education on ideal products for
healing and relaxation, such as CK Soul CBD
tinctures and CODA Signature bath bombs.
Artist Sessions
We will showcase up-and-coming local performing
artists through our Artist Sessions programming.
Each month, we will select a musician, DJ,
comedian, or other type of performer to appear
in store for a live performance. TAT will pay
performance fees to the artists to help support
them in their artistic endeavors and will promote
the performances through our customers,
website, and social media channels to connect
the artists to a large audience.
Below, please see our proposed Community
Benefits Calendar, which provides an overview
of our planned giving campaigns and events.
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Commitment To The Environment
–––––
Surrounded by the San Joaquin Valley, the
most productive agricultural region in the nation
and the world, Fresno’s unique geographic
landscape is a reminder of the importance of
operating our business in harmony with nature.
TAT will conserve natural resources and minimize
our carbon footprint within the City of Fresno,
Fresno County, and the San Joaquin Valley.
Green Building Design
–––––
Our building design, while artistic, is crafted
to utilize natural resources to save energy and
reduce waste, as detailed further below. In
designing site plans, we followed the Fresno
General Plan Energy Efficient Building Policies,
the GGRP, CEQA Consistency Checklist, and
the CALGreen Building Code. TAT will work
with the City to conduct a business energy
assessment and devise a highly energy efficient
building. In renovating our space, we will install
energy efficient lighting, solar panels, and
plumbing for water reuse. We will source eco-
friendly materials for our interior to the fullest
extent possible, such as bamboo flooring and
fixtures made of sustainable materials, such as
recycled glass and plastic and reclaimed wood.
Environmental Impact on the City
–––––
We recognize that the City is conscious of the
environmental impact new businesses may
have on the City and surrounding communities.
TAT is operating sustainably and in compliance
with CEQA, as required by the state of California
and the City of Fresno (16 CCR 5010 and FMC
9-3317(d)). We have tailored the sustainability
plan we employ in our other locations to the City,
and, specifically, to Fresno’s 2014 Greenhouse
Gas Reduction Plan and 2020 GGRP Plan
Update (collectively, “GGRP”). TAT will utilize the
greenhouse gas reduction strategies outlined in
the GGRP:
• Land Use and Transportation
• Transportation Demand Management
• Energy Conser vation in New and Existing
Buildings
• Water Conser vation
• Waste Diversion and Recycling and Energy
Recovery
Pursuant to Fresno’s Development Project
Requirements, TAT will work with the City
and follow the GGRP Consistency Checklist
guidelines. Below is a summary of the various
ways we will protect the environment, reduce
our carbon footprint, and help meet the GGRP
goals.
Land Use
–––––
TAT is strategically located in a commercial
main street zone. The building is designed at
the pedestrian-scale and offers convenient
pedestrian and bicycle access to discourage
vehicle trips.
Transportation Demand Management
–––––
Encouraging Sustainable Commuting
• Alternative Transportation Program: TAT
is located within walking distance of NE Van
Ness - Floradora Fresno Area Express Bus
Stop to encourage customers and employees
to use public transit. TAT will partner with
ride-share companies to drop off and pick up
customers at our business. We will also install
bike racks behind our building to encourage
customers to commute via bicycle or scooter.
–Delivery Vehicles: We will utilize a fully
electric car as our delivery vehicle to
minimize carbon emissions.
• Team Member Reward Program: We will
offer rewards to team members who engage
in environmentally friendly behaviors. For
example, if team members carpool, ride a
bicycle, or take public transportation to work,
they will be entered into a monthly drawing to
win a TAT gift certificate.
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Acknowledging educators’ concerns, we have
developed the following YEPP. We will work
closely with Marie Slater, TAT Advisory Team
member and former FUSD teacher of 47 years,
to develop and implement our YEPP. With
Marie’s guidance, TAT will identify and work with
community partners who would benefit from our
educational program, including Fresno Police
Activities League, The Boys and Girls Club,
Fresno Unified School District, Big Brothers Big
Sisters, and many others.
Understanding The Issue
–––––
While scientific knowledge of the effects of
cannabis is still growing and developing, it has
been proven that young people’s lungs, mental
health, and developing brains and bodies
are susceptible to damage by prolonged and
frequent cannabis use.
• Infants and Children: THC exposure through
breastfeeding in infanthood could reduce
growth, lower IQ scores, decrease mental
function and academic ability, and cause
attention problems. More scientific research
is needed to link marijuana exposure through
breastfeeding conclusively to these outcomes.
• Adolescence and Young Adulthood:
Cannabis use often begins during
adolescence and young adulthood.
According to the US Department of Health
and Human Services, over one third (38
percent) of California high school students
report that they have used marijuana at
least once in their lifetime. Adolescent
cannabis use may negatively impact brain
development and mental health as well as
increase the risks of automobile accidents
from impaired driving. Interestingly, states
that have legalized cannabis for recreational
use have not seen an increase in underage
cannabis use. In fact, legal adult-use sales
may actually reduce underage use, because
they make it more difficult for individuals to
obtain cannabis on the black market.
Effective Prevention
Requires Partnership
–––––
Our YEPP is focused on providing facts and
encouraging peer-to-peer conversation. TAT’s
goal in educating youth about cannabis is to
help minors make informed decisions not to
use cannabis underage. The campaign will rely
on fact-based research and studies as well as
data collection from the Fresno area to provide
information on the following topics:
• The disconnect between the perception of
how many middle and high school students
use cannabis regularly and what the statistics
actually show.
• The consequences of underage use, including
legal ramifications (e.g., Minor in Possession
and/or Driving Under the Influence charges),
academic repercussions (e.g., loss of financial
aid, and/or suspension or expulsion from
school), and effects on current and/or future
employment and extracurricular activities like
clubs and sports.
• Facts on the cannabis plant, its chemical
components (e.g., tetrahydrocannabinol
(THC) and cannabidiol (CBD)), and its effects
on humans’ brains, memory, lungs and heart.
To create a youth prevention plan that truly
meets the City’s needs, TAT will consider specific
risk and protective factors related to underage
cannabis use in Fresno. Upon opening in
Fresno, we will hold a community meeting along
with other local cannabis retail stores, inviting
educators, policy makers, community health
experts, parents, and other concerned citizens
to help us answer the following questions:
• How many local students of each age group
use cannabis regularly?
• What are the factors that contribute to local
use and how do community norms contribute?
• What resources currently exist to address risk
factors for underage use?
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• Is youth cannabis use aligned with at-
risk populations or associated with other
community health issues?
• What would be a successful outcome of our
YEPP in the eyes of the community?
Our Plan
–––––
California’s state cannabis laws are carefully
crafted to keep the products we sell out of the
hands of youth, including specific regulations
surrounding how legal cannabis products are
packaged, marketed and sold. That said, our
responsibility to the local community extends
far beyond merely complying with laws and
regulations. We have carefully researched
specific youth education initiatives and youth
substance abuse prevention plans with a high
success rate in their respective communities.
Based on our research, our YEPP in Fresno will
incorporate the following three principles:
• Reach Youth Where They Are
• Provide Resources, Mentorship, and
Alternatives
• Educate The Whole Community
Reach Youth Where They Are:
Substance Abuse Prevention in Local Schools
We believe that the best place for youth to learn
the social skills necessary to explicitly resist
substance use is in the same place they learn
to read and write. School-based curriculum
to prevent youth substance abuse has a high
success rate and can be repeated at different
grade levels for reinforcement. We will work
with other cannabis retailers and community
groups to raise funds and develop a high-quality
educational program tailored to Fresno’s youth
in connection with Botvin LifeSkills Training.
Botvin’s LifeSkills Training (LST) program
is an exemplary and comprehensive youth
development program with a track record of
successfully reducing drug use by up to 75%.
Its effectiveness has been recognized by the
National Institute on Drug Abuse, the Office of
National Drug Control Policy, the U.S Department
of Education, American Medical Association,
American Psychological Association and Centers
for Disease Control and Prevention, among
others. The LST program covers drug resistance
skills, social skills, and self management skills
and includes specific training resources for
elementary, middle school, and high school
students and for parents. TAT will provide funding
for LST program materials and LST provider
training sessions to educate youth leaders on
prevention education activities and teaching
strategies. While we feel LST is a standout
program, we will consider supporting other in-
school substance abuse prevention programs
which may be a better fit for the local community.
Provide Resources, Mentorship, and
Alternatives:
Support Community Mentorship and
Extracurricular Activities
Youth who are actively engaged in community-
based extracurricular activities like clubs and
sports are much more likely to stay in school
and stay away from drugs. TAT will work with
the Fresno Police Activities League (PAL) to
provide funding for PAL extracurricular and
athletic programs, which foster leadership
skills and reduce juvenile crime. PAL provides
adult and peer mentors to youth, and its
programs include a positive law enforcement
based component to help youth succeed while
understanding the pitfalls of illegal underage
cannabis use. Fresno PAL is the perfect partner
to help youth understand the legal and academic
repercussions of underage cannabis use, while
providing extracurricular and life skills.
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Educate the Whole Community:
Ongoing Education and Events for Parents and
Community Members
We will encourage adults to keep the
conversation about cannabis open. We will host
events open to parents, teachers, coaches,
etc. to provide materials, information and a safe
environment for an open discussion on the topic
of youth cannabis use. Talking with youth about
cannabis is crucial, because youth are less likely
to use cannabis when they have supportive
adults and parents in their lives. Our materials
will include tools to help adults
• Set rules and establish consequences.
Youth must know that the adult/s in their lives
do not allow cannabis use and that there are
consequences if those rules are broken.
• Listen. Youth must be allowed to speak their
minds and to be heard. When they feel that
they’ve been heard, they are more likely to
hear what the adults in their lives have to say.
• Be optimistic and hopeful. Youth respond
well to positivity. By focusing on the good
things in young people’s lives and their hopes
and goals, adults encourage youth to make
decisions that help them achieve their goals.
• Always be learning. Cannabis was illegal
and stigmatized for so long that many adults
never learned or talked about it. Now that it is
legal for adult use, it is important for adults to
be educated on the basis of cannabis so that
they can communicate about it. Youth want
facts; adults should be a credible, honest
resource to shed light on the potentially
harmful effects of underage use.
• Remind youth that not everyone is doing it.
One of the most powerful facts about underage
use is that most young people choose not to
use cannabis, and legalization of cannabis for
adult use does not increase the likelihood that
minors will consume cannabis.
• Be open. Adults who use cannabis legally
should be clear about why they choose to do
so and why they think that minors should not.
• Youth are role models. Remind youth that
their choices influence their peers, younger
students, and siblings.
• It’s not a performance-enhancing drug.
Explain research showing that regular
cannabis use can harm memory, math and
reading scores to help youth understand that
use may put their futures at risk. Point out that
use can also negatively affect their abilities to
learn new skills, academic performance, and
athletic performance.
• Keep finding time to talk. Youth ask
questions, and they are observant. Use their
questions as opportunities to discuss cannabis,
age appropriate use, and how underage use
may affect achieving personal future goals.
The tools and literature that we develop along
these themes will be available at our store free of
charge. By enacting a YEPP that reaches youth
where they are, provides mentorship, supports
extracurricular activities, and educates the
whole community, we are confident that we can
help educate Fresno’s youth about the potential
risks of cannabis use, and help reduce that use.
In addition to our YEPP, we will work with the
business community and the City to ensure that
all cannabis businesses are operating safely.
Specifically, we will help prevent youth access
to cannabis products together with the City and
the Fresno Police Department by
• Prohibiting and shutting down unlicensed
dispensaries;
• Ensuring proper age verification upon
entering a dispensary;
• Monitoring storefront activity to prevent
loitering or other unwanted activity;
• Monitoring storefront marketing to ensure
that cannabis storefronts are not attractive to
minors;
• Monitoring digital marketing and social media
to make sure it does not target minors; and
• Prohibiting false statements or misinformation
that misstates the law or the benefits and risks
associated with cannabis.
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We will also work with stakeholders in
the community such as the Fresno Police
Department, schools and hospitals, to monitor
the effectiveness of the YEPP and make
changes to the plan. We will monitor data on
minor in possession offenses, driving under
the influence offenses, school incidents and
suspensions related to cannabis, and cannabis
related hospital admissions. This information will
help inform us on the impact youth cannabis is
having on academics and law enforcement and
its prevalence in the community.
7.3
Fresno Community
Reinvestment Fund
TAT understands the importance of Fresno’s
Community Reinvestment Fund to support local
social equity cannabis businesses. In addition to the
1% gross we have set aside to fund our Community
Benefit Plan, we have allocated 0.5% of gross sales
to the Community Reinvestment Fund, totaling over
cumulatively by 2025.
TAT is an organization that does more than simply
write a check and walk away. We are truly interested
in partnering with the City and supporting its
many worthwhile organizations. Our partnership
extends to local social cannabis business owners.
We seek to create a thriving cannabis industry by
helping social equity individuals become cannabis
business owners. In addition to the Cannabis
Reinvestment Fund, we commit to aide local
owners in the following ways:
• Retailers Association: Upon being selected
to receive a retail cannabis permit in the
City, TAT will spearhead the creation of a
Fresno Cannabis Retailers Association (CRA)
through which fellow cannabis businesses
can come together and unite as an industry.
We are members of other local cannabis
retailers associations in locations where
we operate, and work collectively with the
other association members to heighten
neighborhood security, develop educational
materials, and to craft new cannabis
legislation. Members of the Fresno CRA, who
are experienced cannabis operators will team
up with local equity businesses to provide
support and guidance. Leveraging the talent
and experience of each of its members,
the CRA will also offer workshops for future
cannabis business owners.
• Workforce Development (Teach and
Train): As mentioned above, TAT offers a
unique workforce development program prior
to hiring employees called Teach and Train.
The program prepares interested community
members for cannabis employment. As a
means of extending a helping hand to local
equity applicants, we will invite each to attend
our workshop. Following our workshop,
should any local equity applicants wish to
host a workshop of their own, TAT will provide
them with assistance in an effort to help them
develop their own workforce.
• Pro Bono Legal Services: TAT is extremely
unique and fortunate to have three licensed
lawyers and one JD as part of the ownership
and operations team. Courtney Caron and
Lauren Fontein specialize in cannabis law,
where Larry Artenian focuses in litigation
and is a contracts expert. Utilizing our legal
expertise, we will offer local equity applicants
pro bono legal services in cannabis licensing
and general contract principles. Depending
on the need, we will offer 1 on 1 sessions or a
workshop-style cannabis licensing clinic.
• Business Administration Technical
Assistance: Operating a cannabis business
requires skill and an innate understanding
of the rules and regulations governing the
industry. While expanding rapidly, the industry
is still in its infancy, and best practices
are constantly evolving. As experienced
operators, TAT can lend a hand to local equity
owners by providing business administration
assistance in the following ways:
23
SECTION 7
–Standard Operating Procedures -
A successful cannabis business must
utilize detailed SOPs to ensure that their
operations are legally compliant and
industry best practices. As we operate
several cannabis retail stores, we have
streamlined our SOPs over the years.
TAT will offer a workshop to local equity
owners on SOP drafting, in an effort to give
all local equity owners the opportunity to
begin operations compliant with the laws.
–Distributors - All cannabis products
retailed in a licensed retail cannabis store
must come from a licensed distributor.
Over the years, we have developed
excellent relationships with multiple
licensed and compliant distributors.
TAT will host a meet and greet (virtually
if necessary) to introduce local equity
owners to distributors, to ensure that local
equity owners have access to licensed
and tested cannabis products.
–Technology Systems - There are
many cannabis specific technology
and CRM platforms on the market to
assist businesses with all aspects of
sales and customer messaging. TAT
has worked with many over the years
and currently utilizes Blaze Retail POS,
IheartJane online ordering platform,
Springbig CRM platform, and additional
data analysis services. TAT will provide
guidance to local equity owners to help
them select technology partners. TAT’s
Executive Team works closely with each
of its technology partners to continually
implement new features and functionality
and can provide a wealth of information
on the ways each service will benefit a
new cannabis business.
Business-to-Business Partnerships
–––––
In addition to supporting community, nonprofit
groups, and giving to the Community
Reinvestment Fund, TAT will benefit the business
community of Fresno through partnerships with
local businesses. TAT will source services such
as construction, staffing, security, hospitality, or
interior design locally whenever possible. We
have specifically identified the businesses below
to partner with us in the following ways:
• Frosted Cakery, Hi-Top Coffee, Supreme
Donuts, and Piemonte’s Deli - To provide
meals for staff appreciation events.
• Tower Automotive Repair, OK Car Wash -
To provide delivery vehicle repair services and
to keep the fleet clean.
• La Tienda Guild Thrift Shop, This N That
Thriftique and Neighborhood Thrift - As
recipients of donations through an in store
collection drive
• Lounge Essence Events & Rentals - To
provide rental equipment for TAT special
events (post-COVID).
Discount Program
–––––
In addition, to promote TAT’s goal of enhancing the
arts through cannabis, consumers who provide a
receipt from a museum, theater, gallery or cultural
event will receive a 10% same day discount at
TAT. The following are examples of arts related
businesses and organizations that would benefit
from our discount program.
• Fresno Art Museum, Arte Americas - All
featured artists and patrons of Fresno Art
Museum and Arte Americas are welcome to a
discount at TAT.
• Veterans Memorial Museum, Fresno
County Historical Museum, Clark Bonsai
Collection Shinzen Museum, William
Saroyan House Museum, Armenian
Museum of Fresno - TAT will provide a
discount for patrons of all of these museums
• Tower Theater, Good Company Players,
Saroyan Theater - All patrons holding a ticket
to an upcoming or recent event will receive a
discount at TAT.
• Studio 74 Art Gallery, Spectrum Art
Gallery, Broken Leg Stage & Art Gallery -
All patrons of the above studios will receive a
discount at TAT.
Zoning Inquiry P20-04273
1426 North Van Ness Avenue
Page 2
November 19, 2020
The subject property is not located within 800 feet of the property boundary of any of the
above-mentioned uses. The subject building meets the separation requirements,
per Section 15-2739.B.1.b of the FMC, for a cannabis retail business.
3. Prior to commencing operations, a cannabis retail business must obtain a Cannabis
Conditional Use Permit from the Planning and Development Department per Section 15-
2739.N of the FMC.
4. No more than 2 cannabis retail businesses may be located in any one Council District. If
more than 14 are ever authorized by Council (more than 2 per Council District), they
shall be dispersed evenly by Council District.
The subject property is in Council District 1. There are currently no cannabis retail
businesses located in Council District 1. This location requirement is satisfied for a
cannabis retail business.
Please review the entirety of Article 33, Chapter 9 (Cannabis Retail Business and
Commercial Cannabis), and Section 15-2739 (Adult Use and Medicinal Cannabis Retail
Business and Commercial Cannabis Business) of the FMC to understand other
requirements of cannabis retail businesses, including but not limited to, application
requirements, signage, etc.
This information was researched by the undersigned per the zoning request. The undersigned
certifies that the above information contained herein is believed to be accurate and is based
upon, or relates to, the information supplied by the requestor. The City of Fresno assumes no
liability for errors and omissions. All information was obtained from public records held by the
Planning and Development Department.
A copy of the Fresno Municipal Code may be obtained by contacting the City Clerk’s office at
559-621-7650. The Fresno Municipal Code may also be searched on the Internet, free of
charge, by going to www.fresno.gov. If you have questions regarding this matter, please
contact me by telephone at 559-621-8056 or at Robert.Holt@fresno.gov.
Cordially,
Rob Holt, Planner III
Development Services Division
Planning and Development Department