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HomeMy WebLinkAboutCSE-20-10 Roeding Leaf RedactedApplication Type Social Equity Criteria Applicant (Entity) Information Social Equity Cannabis Business Permit Application CSE-20-10 Submitted On: Nov 12, 2020 Applicant Adolfo Castillo 559-824-8211 In order to qualify as a social equity applicant, applicants must satisfy at least one of the following criteria: 1. Low income household and either: a. A past conviction for a cannabis crime, or b. Immediate family member with a past conviction for a cannabis crime. 2. Low income household in a zip code identified as at least 60% according to the CalEnviroScreen for five (5) consecutive year period and either: a. A past conviction for a cannabis crime, or b. Immediate family member with a past conviction for a cannabis crime. 3. Low income household and either: a. Five (5) years cumulative residency in a zip code identified as at least 70% according to the CalEnviroScreen, or b. Ten (10) years cumulative residency in a zip code identified by CalEnviroScreen. 4. Business with no less than fifty-one percent (51%) ownership by individuals who meet Criteria 1 and 2 above. 5. Cannabis social enterprise with no less than fifty-one percent (51%) ownership by individuals who meet Criteria 1 and 2 above. 6. An individual with a membership interest in a cannabis business formed as a cooperative. Do you meet the above criteria, and want to apply as a Social Equity Applicant? Yes Please state your annual income:Do you have a past cannabis conviction? No Do you claim eligibility based on a family member past cannabis conviction? No Do you represent a cannabis social enterprise? No Do you have a membership interest in a cannabis cooperative? No Application Type Proposed Location Supporting Information Applicant (Entity) Name: Roeding Leaf Inc DBA: -- Physical Address:City: Fresno State: CA Zip Code: 93727 Primary Contact Same as Above? Yes Primary Contact Name: Adolfo Castillo Primary Contact Title: Majority owner Primary Contact Phone: 559-824-8211 Primary Contact Email:HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF FRESNO?: No 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. Permit Type Retail (Storefront) Business Formation Documentation: Corporation Property Owner Name: -- Proposed Location Address: -- City: -- State: -- Zip Code: -- Property Owner Phone: -- Property Owner Email: -- Assessor's Parcel Number (APN): -- Proposed Location Square Footage: -- List all fictitious business names the applicant is operating under including the address where each business is located: Banyan Tree Business Name: Roeding Leaf Inc SOCIAL EQUITY APPLICANT - IF SUBMISSION REQUIREMENTS MET, APPLICATION PASSES Application #: CSE-20-10 ADVANCEMENT IS NOT BASED ON PHASE II SCORE PER APPLICATION PROCEDURES. CANNABIS BUSINESS PERMIT APPLICATION REVIEW - RETAIL Points Possible All or None Exceptional Good Acceptable Applicant Score Evaluation Notes (Explain each time points are deducted) SECTION 1: BUSINESS PLAN 300 Points Possible for Section 1 Resume: Resumes Provided for All Owners: Score 5 5 5 Resumes Provided in 2-page Format: Score 2 2 2 Education: (select highest academic level among ownership team, cannabis specific education separately) Cannabis specific education/training (accredited)2 2 0 Not described High School Degree Reported: Score 4 4 - Bachelor's Degree Reported: Score 6 6 - Master's Degree or Higher Reported: Score 8 8 8 Experience: (among ownership team, select one at highest level) Regulated Cannabis Retail Ownership Experience CA 13 13 13 Regulated Cannabis Retail Experience CA (management level or below): Score 10 10 - Other Retail Business Experience Reported, More than 5 years: or 8 8 - Other Retail Business Experience Reported, Less than 5 Years: Score 5 5 - 1.1 Sub-Total:30 28 Construction Cost Estimate: Construction Cost Estimate Provided: Score 8 8 6 4 4 Needs detail Construction Contingency Factor Included: Score 6 6 0 Not included All Labor, Trades, Materials, Supplies and Permits and other Cost Factors Identified: Score 6 6 4 2 2 Some, not many. Needs more detail. Reference Data Provided for Unit Cost Factors: Score 5 5 3 1 0 Not included Operation and Maintenance Cost Estimates: Operation and Maintenance Cost Estimate Provided: Score 8 8 6 4 8 Fairly detailed, broken down into specific catagories All Labor, Trades, Materials, Supplies, Utilities, and other Cost Factors Identified: Score 6 6 4 2 6 Fairly detailed Annual Cost Escalators for Operating Costs Provided: Score 6 6 4 2 0 None identified Reference Data Provided for Unit Cost Factors: Score 5 5 3 1 0 Not included 1.2 Sub-Total:50 20 Proof of Capitalization Specific to one or more Owners: Score 5 5 5 Proof of Capitalization Specific to Business Name/Address: Score 5 5 0 not specific 1.1 Owner qualifications. Resumes are not to exceed two (2) pages per owner. (30 points possible) 1.2 A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.(50 points possible) 1.3 Proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets which can be verified by the City. (50 Points Possible) Criteria Narrative: Criteria Narrative: Proof of Capitalization Sufficient to Cover Proforma (3 months) and Construction Costs: Score 15 15 0 Based on their calculations start up + 3 months of operating costs would be They have a letter from a brokerage acct. stating they have assets in excess of and they mention a potential loan of in the business plan and pro forma but did not provide proof of intent to loan or promisary note Certified Audited Financial Report Provided for one or more Owners: Score 5 5 0 Not included Score one of the following for a maximum 20 points: Capital source is 100% liquid (cash in owners bank, no debt obligation)20 20 - Capital souce is debt obligation (letter of credit/loan from individual or institution) 10 10 - Capital consists of non-liquid assets (i.e. real property)8 8 - Capital consists of a mixture of liquid and non-liquid assets 15 15 15 1.3 Sub-Total:50 20 Three Years of Data Provided: Score 10 10 8 6 6 Data provided but no totals, not cohesive Total Gross Revenue Estimates Provided:3 3 3 Total Gross Revenue by Product Type (flower and manufactured) Identified:3 3 3 Total Personnel Costs Provided:5 5 4 3 5 Total Property Rental or Purchase Costs Provided:2 2 2 Total Utilities Costs Provided:2 2 2 Total Cannabis Product Purchase Expense Provided 2 2 2 All Contract Services Identified:2 2 2 Annual Net Revenue Identified:3 3 0 Not included Annual Cost Escalators Identified:4 4 3 2 2 Only salaries, no increase in rent, utilities, etc. noted Annual Estimated Sales Tax Payments to State Provided:2 2 0 Not included Annual Estimated Sale Tax Payments to City of Fresno Provided:5 5 0 Not included Annual Business Tax License and Cannabis Permit Fee Provided:2 2 2 Annual Net Income Provided:5 5 0 Not included Scoring Guidance: full points for realistic figures for all three years. Dock points for severe miscalculations, unrealistic estimates, or providing less than the request three years. 1.4 Sub-Total:50 29 Hours of Operation Provided: Score 5 5 5 9am to 9pm (pg 26) Hours of Operation Provided for all 7 days of the week: Score 3 3 0 days not specified Hours of Operation Provided for Holidays: Score 2 2 0 holidays not mentioned Opening and Closing Procedures Provided: Score 10 10 8 6 10 Scoring Guidance: full points for describing information in detail. Dock points for leaving information out or not providing enough detail. 1.5 Sub-Total:20 15 1.4 Pro forma for at least three years of operation. 1.5 Fully describe hours of operation and opening and closing procedures. (20 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: 1.6.1 Fully describe the day-to-day operations if your applying for a retail permit: i. Describe customer check-in procedures.20 20 15 10 20 II. Identify location and procedures for receiving deliveries during business hours.10 10 8 6 10 iii. Identify the name of the Point-of-sale system to be used and the number of Point-of-Sale locations.10 10 10 Flowhub 5 locations iv. The estimated number of customers to be served per hour/day.20 20 15 10 15 25 per hour, 300 per day - did not describe method of estimation. v. Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.20 20 15 10 20 vi. If proposed, describe delivery service procedures, number of vehicles and product security during transportation. (if no delivery service application must state this clearly for full points)20 20 15 10 20 1.6 Sub-Total:100 95 Section 1 Total:300 207 SECTION 2: SOCIAL POLICY AND LOCAL ENTERPRISE 400 Points Possible for Section 2 Description of Commitment to pay a Living Wage provided: Score 10 10 8 6 8 Committed but undefined Definition of Living Wage Provided: Score 5 5 4 3 0 Living Wage Defined as Greater than Minimum Wage: Score 5 5 5 Employees start at 2.1 Sub-Total:20 13 Wages and Salary CCB Entry-Level Hourly Wage Greater than Minimum Wage 5 5 5 CCB Entry-Level Annual Salary Greater than Median Household Income ($50,432)5 5 0 Health Care Benefits CCB Offers Medical Coverage to All Employees: Score 5 5 5 CCB Offers Dental Coverage to All Employees: Score 3 3 3 CCB Offers Vision Coverage to All Employees: Score 3 3 3 CCB Offers Health Reimbursement Account for Qualified Medical Expenses: Score 1 1 1 Employee Pays $0 for Employee Medical Premium: Score 3 3 0 Employee Pays $0 for Employee Dental Premium: Score 2 2 0 Employee Pays $0 for Employee Vision Premium: Score 2 2 0 Employee Pays less than $500 per month for Family Health Care Coverage (Medical, Dental, Vision): Score 2 2 0 Leave Benefits Number of Paid Vacation/PTO Days Per Year: (10+ days = excep; 6-9 days = Good; 3-5 days Acceptable)5 5 4 3 4 Number of Paid Holidays Per Year: (10 or more paid holidays = excep; 4-10 = Good; 1-3 Acceptable)5 5 4 3 0 unspecified 1.6 Daily operations. With as much detail as possible, the Business Plan should describe the day-to-day operations which meet industry best practices. This should include at a minimum the following criteria for each permit type in which you are applying for a permit. (100 points possible) Criteria Narrative: Criteria Narrative: 2.1 Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage. (20 points possible) Scoring Guidance: https://livingwage.mit.edu/counties/06019 2.2 Briefly describe benefits provided to employees such as health care, vacation, and medical leave, to the degree they are offered as part of employment. (50 points possible) Number of days paid time off for Sick/Medical time: (7+ days= Exceptional, 4-6 days = Good, 3 days = acceptable (8 hour day))5 5 4 3 3 Retirement Offers employee retirement plan 2 2 2 Offers company match for employee retirement plan 2 2 2 2.2 Sub-Total:50 28 CCB Provides Tuition Reimbursement for Certificates: Score 3 3 0 Not described CCB Provides Tuition Reimbursement for associate degrees: Score 3 3 0 Not described CCB Provides Tuition Reimbursement for bachelor's degrees: Score 3 3 0 Not described CCB Provides Tuition Reimbursement for master's degrees: Score 3 3 0 Not described CCB Provides Tuition Reimbursement for Specialized Commercial Cannabis Business Operations Training: Score 3 3 0 Not described CCB Offers General Training for Health and Safety, Workplace Environment, Customer Service, etc. 5 5 4 3 3 training described but specific topics and number of hours not mentioned 2.3 Sub-Total:20 3 General Recruitment Plan Provided: Score 10 10 8 6 0 Social Policy Recruitment Plan Provided: Score 10 10 8 6 6 commitment made but no specific strategies Recruitment Plan Includes Demographic Data for District, City or County: Score 10 10 8 6 0 Recruitment Plan Includes List of CBOs, Non-Profits and Public-Agency Hiring Partners: Score 10 10 8 6 0 Recruitment Plan Includes Hiring Targets (percentages) by Demographic Groups: Score 10 10 8 6 0 2.4 Sub-Total:50 6 Owners Number of Owners:4 Number of Owners that live within the City of Fresno:4 Number of Owners that live in the County of Fresno:0 Number of Owners that Own a Business in the City of Fresno:2 51%+ ownership interest percent of the Owners live or own a business in the City: Score 80 80 80 51%+ ownership interest percent of the Owners live or own a business in the County: Score 40 40 - Less than 50 percent equity of the Owners live or own a business in the City (If no owners are local, score zero)20 20 - Managers Number of Managers (salaried, non-owners)unspecified Number of Managers that live in the City of Fresno: Criteria Narrative: Criteria Narrative: Criteria Narrative: Data, non-scored. Write response in Evaluation Notes column. Data, non-scored. Write response in Evaluation Notes column IF full points achieved for Ownership category, don't score managers. Section is total of 80 points possible. 2.3 Describe compensation to and opportunities for continuing education and employee training.(20 points possible) 2.4 Describe the Commercial Cannabis Business plan to recruit individuals who meet the criteria listed in the Social Policy Section 9-3316 (b) (1) of the Fresno Municipal Code (FMC) and the percentage of local employees it hires. (50 points possible) 2.5 Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Fresno, for at least one year prior to March 2, 2020.(80 points possible) Number of Managers that Own a Business in the City of Fresno: 100 percent of the Managers live or own a business in the City: Score 20 20 - 75 to 99 percent of the Managers live or own a business in the City: Score 15 15 - 50 to 74 percent of the Managers live or own a business in the City: Score 10 10 - Less than 50 percent of the Managers live or own a business in the City: Score 5 5 - 2.5 Sub-Total:80 80 Responsibilities Described for All Titles/Positions: Score 20 20 15 10 20 2.6 Sub-Total:20 20 Does CCB have more than five employees: 5 5 5 CCB has signed a peace agreement: Score 5 5 5 will sign 2.7 Sub-Total:10 10 Work Force Plan Provided: Score 10 10 8 6 10 Commitment to Local Hire Provided:10 10 8 6 6 30% commitment Commitment to Offer Apprenticeships Provided:10 10 8 6 10 Commitment paying for continuing education provided 10 10 8 6 6 committed to pay for CE but did not specify amount Description of commitment to paying a living wage provide. (Score same as sec. 2.1)10 10 8 6 8 2.8 Sub-Total:50 40 CCB is willing to serve as Social Equity Business Incubator: Score 100 100 80 60 N/A This is a social equity application Mentorship and Training: Score Equipment Donation: Score Shelf Space: Score Legal Assistance: Score Finance Services Assistance: Score Other Technical Assistance: Score Scoring Guidance: full points for willingness to serve with detailed plan offering at least three aspects mentioned above or of similar benefit. Less points for willingness to serve but vague or unclear commitment. Zero points if there is no clear commitment to serve as Incubator. Criteria Narrative: 2.9 Describe whether the business is willing to serve as a Social Equity Business Incubator by offering support to local cannabis social equity businesses in the form of mentorship, training, equipment donation, a percentage of shelf space dedicated to Fresno equity business products, legal assistance, financial services assistance, or other technical assistance support.(100 points possible) Criteria Narrative: column. Data to inform score on first line of this section. Write response in Evaluation Notes column. 2.8.3. Commitment to pay a living wage to its employees 2.6 Describe the number of employees, title/position and their respected responsibilities.(20 points possible) 2.7 Describe whether the CCB has five (5) or more employees and whether it has signed a labor peace agreement allowing employees to unionize without interference. (10 points possible) 2.8 Provide a workforce plan that includes at a minimum the following provisions: (50 points possible) 2.8.1. Commitment for 30% of employees to be local hires; the business must show that it has either hired or made a good faith effort to hire bona fide residents of Fresno who have not established residency after the submission of an application for employment with the applicant/permittee. 2.8.2. Commitment to offer apprenticeships and/or compensation for continuing education in the field; and Criteria Narrative: Criteria Narrative: 2.9 Sub-Total:100 0 Section 2 Total:400 200 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN 300 Points Possible for Section 3 CCB will document complaints (time of complaint, nature of complaint, resolution of complaint): Score 10 10 8 6 6 Needs more detail CCB will established a dedicated contact person to receive complaints: Score 10 10 0 Info not provided CCB will establish a dedicated phone number to receive complaints: Score 5 5 0 Info not provided CCB will establish a dedicated email address to receive complaints: Score 5 5 0 Info not provided CCB will establish a response time standard for returning complaint calls and emails: Score 5 5 0 Info not provided CCB will schedule or participate in periodic community meetings to engage with residents about the CCB operation: Score 10 10 0 Info not provided Other measure unique to business (i.e. website complaint form)5 5 0 Info not provided Scoring Guidance: full points for detailed proactive plan addressing all aspects mentioned. Dock points for leaving out aspect, vagueness, or reactive plans. 3.1 Sub-Total:50 6 CCB will maintain a listserv of community residents to update and information residents of business operations. 10 10 0 Info not provided CCB will schedule or attend periodic community meetings (at least annually) to engage with residents about the CCB operation: Score 10 10 0 Info not provided CCB will prepare a community outreach and engagement plan: Score 50 50 40 30 0 Info not provided CCB will issue periodic Newsletters to community providing information about CCB operations 10 10 0 Info not provided CCB will hire residents from the community work at the CCB: Score 20 20 0 Info not provided Scoring Guidance: full points for detailed proactive plan. Dock points for leaving out aspect, vagueness, or reactive plans. 3.2 Sub-Total:100 0 CCB has identified sensitive receptors to nuisance odors in vicinity of business operations: Score 5 5 0 Info not provided CCB has prepared a nuisance odor control plan: Score 10 10 8 6 6 Needs more detail Nuisance odor control plan identifies locations where fugitive emissions may exit the premise boundary: Score 5 5 0 Info not provided Nuisance odor control plan describes specific odor control measures to reduce fugitive emissions exiting the premise boundary: Score 5 5 5 CCB has established an odor reporting system: Score 5 5 0 Info not provided CCB will install a nuisance odor monitoring system: Score 10 10 0 Info not provided Criteria Narrative: Criteria Narrative: Criteria Narrative: 3.1 Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicles, and pedestrian traffic.(50 points possible) 3.2 Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.(100 points possible) 3.3 Describe odor mitigation practices.(40 points possible) 3.3 Sub-Total:40 11 CCB has identified the potential sources of nuisance odors for the business operation: Score 10 10 8 6 0 Info not provided Scoring Guidance: full points for detailed proactive plan. Dock points for vagueness or reactive plans. 3.4 Sub-Total:10 0 Nuisance odor control plan describes specific odor control equipment: Score 10 10 8 6 6 Needs more detail Nuisance odor control plan describes specific odor control measures/techniques: Score 10 10 8 6 6 Needs more detail Odor control measures are identified for different nuisance odor sources: Score 10 10 0 Info not provided 3.5 Sub-Total:30 12 Nuisance odor control plan describes the operation, monitoring, and maintenance requirements for odor control measures: Score 10 10 10 Nuisance odor control plan describes the staff training required for system operations, maintenance, repair, and troubleshooting.10 10 10 3.6 Sub-Total:20 20 CCB has identified the sources of waste generated by the business operation: Score 10 10 0 Info not provided CCB has prepared a source-separation plan to segregate different sources of waste generated by business operations: Score 10 10 10 The source-separation plan identifies policy, procedures, and locations where different sources of waste are to be collected for disposal: Score 10 10 8 6 6 Needs more detail The source-separation plan describes specific measures to control the collection and disposal cannabis waste: Score 10 10 0 Info not provided The name of licensed cannabis disposal company provided: Score 10 10 0 Info not provided 3.7 Sub-Total:50 16 Section 3 Total:300 65 SECTION 4: SAFETY PLAN 300 Points Possible for Section 4 Safety Plan Prepared by Consultant: Score 10 10 Safey Plan Assessed by Consultant: Score (if prepared by, also give points for assessed by)10 10 Criteria Narrative: 3.7 Describe the waste management plan. (50 points possible) Criteria Narrative: 4.1 The Safety Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant. (50 points possible) 3.4 Identify potential sources of odor. (10 points possible) 3.5 Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the permitted premises. (30 points possible) 3.6 Describe all proposed staff odor training and system maintenance.(20 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: Safety Plan Prepared for CCB Address (specific proposed location): Score 10 10 Safety Plan includes Site Plan of Premise: Score 10 10 Safety Plan includes Building Layout Plan: Score 10 10 4.1 Sub-Total:50 0 Written Accident/Incident Procedure Provided: Score 20 20 15 10 Procedures Address Multiple Accident/Incident Scenarios: Score 10 10 8 6 Total Number of Scenarios Described: Score Active Shooter Incident Described: Score 10 10 Robbery Incident Described: Score 10 10 4.2 Sub-Total:50 0 Evacuation Plan Provided: Score 20 20 15 10 Adequate Number of Evacuation Routes Identified: Score 20 20 15 10 Evacuation Route Distance to Public Right of Way: Score 10 10 8 6 4.3 Sub-Total:50 0 Location of Fire Suppression System Elements Identified: Score 10 10 Type of Fire Suppression System Elements Identified: Score 20 20 15 10 Location of Fire Extinguishers Identified: Score 10 10 Adequate Number of Fire Extinguisher Locations Identified: Score 10 10 8 6 4.4 Sub-Total:50 0 Written Procedure for Fire Emergencies Provided: Score 20 20 15 10 Written Procedure for Medical Emergencies Provided: Score 20 20 15 10 Cardiac Arrest Medical Emergency Described: Score 20 20 15 10 Gunshot Wound Medical Emergency Described: Score 20 20 15 10 Other Medical Emergency Conditions Described: Score 20 20 15 10 4.5 Sub-Total:100 0 Section 4 Total:300 0 SECTION 5: SECURITY PLAN 300 Points Possible for Section 5 Security Plan Prepared by Consultant: Score 10 10 Security Plan Assessed by Consultant(if prepared by, also give points for assessed by): Score 10 10 4.3 Describe evacuation routes. (50 points possible) 4.2 Describe accident and incident reporting procedures. (50 points possible) Criteria Narrative: 4.5 Describe procedures and training for all fire and medical emergencies.(100 points possible) 5.1 The Security Plan shall be prepared and/or assessed by a professional security consultant.(50 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: 4.4 Location of fire extinguishers and other fire suppression equipment. (50 points possible) Criteria Narrative: Data-write response in Evaluation Notes Column Security Plan Prepared for CCB Address (specific proposed location): Score 10 10 Security Plan includes Site Plan of Premise: Score 10 10 Security Plan includes Building Layout Plan: Score 10 10 5.1 Sub-Total:50 0 Premises (Security) Diagram Provided: Score 20 20 15 10 Diagram is drawn to correct scale: Score 5 5 Diagram provides required details for premise: Score 5 5 Diagram shows the location of all security cameras: Score 5 5 Descriptions of activities to be conducted in each area of the premise 5 5 Limited-Access Areas Clearly Marked: Score 5 5 Number and Location of All Security Cameras Identified: Score 5 5 5.2 Sub-Total:50 0 Intrusion Alarm and Monitoring System Identified: Score 15 15 Name and Contact Information for Monitoring Company Provided: Score 5 5 Total Points of Entry into Premise Identified: Score 5 5 All Points of Entry to be Alarmed Identified:5 5 Type of Alarm Identified (motion, infrared, glass break, etc.): Score 10 10 Backup Power Supply Identified: Score 10 10 5.3 Sub-Total:50 0 Written Cash-Handling Procedure Provided: Score 30 30 20 15 Dual-Custody is Practiced for all cash handling: Score 10 10 Video Surveillance Used to Monitor All Cash Handling: Score 20 20 Armored Car Service Used for Bank Deposits: Score 10 10 All Cash Deposited weekly with Bank: Score 10 10 Onsite Vault Provided to Secure Cash Prior to Bank Deposit: Score 20 20 5.2.3 Description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas. 5.2.4 Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to permittees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 16, Division 42, §5000 (m) Limited-Access Area and §5042 Limited-Access Area. 5.2.5 Number and location of all video surveillance cameras. (50 points possible) 5.4 Briefly describe cash handling procedures which covers day to day transactions with customers, vendors armor carrier vehicles and transporting it to the bank.(100 points possible) 5.3 Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).(50 points possible) Criteria Narrative: Criteria Narrative: Criteria Narrative: 5.2 Premises (Security) Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 16, Division 42, §5006. Premises Diagram). 5.2.1 The diagram shall be accurate, dimensioned and to scale (minimum scale ¼"). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11" x 17" sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process) 5.2.2 The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram. Criteria Narrative: 5.4 Sub-Total:100 0 CCB will use onsite security guards: Score 10 10 All onsite guards will be licensed and bonded: Score 10 10 All onsite security guards will be licensed to carry firearms: Score 10 10 Onsite security guards will be on duty before CCB opens for business: Score 10 10 Onsite security guards will be on duty after CCB closes for business: Score 10 10 5.5 Sub-Total:50 0 Section 5 Total:300 0 Section 1: Business Plan Total Points:300 207 Section 2: Social Policy & Local Enterprise Total Points:300 200 Section 3: Neighborhood Compatibility Total Points:300 65 Section 4: Safety Plan Total Points:0 0 Section 5: Security Plan Total Points:0 0 Total Points Achieved:900 472 PASS TOTAL SCORE 5.5 Discuss whether the CCB will utilize the services of on-site security guards. Include in the discussion: (50 points possible) 5.5.1 Number of guards. 5.5.2 Hours guards will be on-site. Criteria Narrative: 5.5.3 Locations at which they will be positioned. 5.5.4 Guards' roles and responsibilities. ... /~ ~ :: ft: •. ·---:.::. Banyan Tree 6745 Eas t Liberty Avenue Fresno, CA 93727 Letter of Intent This Letter of Intent (LOI) includes the terms that are to be made part of a formal lease agreement. The general terms as stated in this LOI will be memorialized in a formal lease agreement to be prepared for signatures. 1. Property Location: 207 East Sierra Avenue, Unit 'B', Fresno, California 93710 2. Landlord/Property Owner is: Chi Ngo Tenant is: Roeding Leaf Inc, dba "Banyan Tree" 3. Area to be Leased: Approximately 3,000 sq/ft 4. Term of lease: 5 years, with Tenant's option to extend the lease for three additional 5-year terms under the same provisions as stated herein . 5. This LOI shall become fully effective when signed by both parties. 6. Upon the signing of this LOI, Tenant shall pay Landlord . This payment is non-refundable. 7. During the time between the signing of this LOI and the formal lease signing, Landlord agrees to exclusively negotiate with Tenant and no other interested parties. Upon sign i ng this LOI , both parties agree to act in good faith to diligently pursue the signing of a formal lease to include each of the terms noted herein. 8. The lease will beg in and the terms of the lease are to become effective no later than 30 days after Tenant secures one of the 14 City of Fresno cannabis retail permits. 9. It is expected that the terms set forth in the formal lease shall become effective i mmediately after Tenant secures one of the 14 City of Fresno cannabis retail permits . 10. This LOI shall expire at exactly 12:00 noon, three months from the date that this document is executed by both parties. 11. Should the terms of formal lease fail to become effect ive prior to the ex piration date, parties agree to extend the LOI expirat ion date for additional three months 1 in exchange for Tenant paying Landlord a non-refundable payment of $ at least 3 days prior to said expiration date. 12 . Rental amounts shall be as follows: Year 1: Year 2 : Year 3: Year 4: Year 5: Year 6: Year 7: Year 8: Year 9: Year 10: Year 11: Year 12: Year 13: Year 14: Year 15: Year 16: Year 17: Year 18: Year 19: Year 20: $ per month, paid monthly in advance. $per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. $ per month, paid monthly in advance. 13. During the term of the lease, Tenant shall pay metered utilities for electricity and natural gas directly to the providing utility companies. Should separate utility meters be unavailable (such as water and sewer service) the parties shall reasonably agree on a formula that most closely estimates the proportional use of said utilities, and Tenant shall reimburse Landlord monthy for those proportional costs. Upon request, Landlord shall provide Tenant access to the billing documents upon which said proportional amounts are based. 14. At the time that the formal lease becomes effective, Tenant shall pay Landlord as a security deposit. 15. Landlord agrees to accept rental and/or other payments in cash (US currency.) 16. Landlord agrees to promptly and actively cooperate with Tenant and all City and/or State regulatory agencies to provide requested information, including property use authorizations, as may be required to comply with the regulations imposed by such agencies. 17. The lease shall state that commercial retail cannabis activity is expressly allowed as a permitted use. 2 18. The lease should state that cannabis and products containing cannabis are not hazardous materials or substances, and should also require Tenant to disclose to Landlord any other potentially hazardous substances that Tenant intends to use. 19. The lease should stipulate that federal illegality regarding cannabis is not a valid defense to any claim arising from the lease, and that the parties waive the right to present any such defense related to the status of cannabis under federal law. 20. Landlord agrees to allow major interior and/or exterior remodeling of the retail location including the installation of heating/air conditioning equipment. All remodeling activities shall be conducted by appropriately licensed contractors. All work shall be conducted pursuant to and in accordance with all required building and use permits. 21. All remodeling affecting both structural and functional changes in the building shall be approved in advance and in writing by landlord. Approval of the timing, scope and/or extent of the remodeling shall not be unreasonably withheld by Landlord . No portion (nor the whole) of the remode ling shall in any way diminish the intrinsic value of the premises. 22. Provisions in the Lease agreement shall protect and fully indemnify Landlord from any and all adverse liens that might be placed upon the property resulting from the remodeling project. Tenants shall be provided reasonable time to cure any such liens. 23. Landlord agrees not to allow use of the adjoining suite by any tenant or occupancy that would be unreasonably incompatible with Tenant's retail operation with regard to noise or other significant nuisances. 24. Code of Civil Procedure section 1161 provides that when a tenant violates a lease provision and the violation is curable, that the landlord may serve a 3-day notice to perform or quit. Three days is generally not enough time to resolve any issue involving a cannabis bus iness. The lease should provide for cure periods of at least 45 days for non-monetary defaults. 25. Tenant may not transfer or assign this lease, or any right or interest hereunder or sublet said leased premises or any part thereof. 26. Landlord will provide Tenant the first right to purchase the property prior to placing the property on the market for sale, offering the sale of the property or accepting an offer to purchase the property from any other party. This section will not apply in the event that the sale or transfer is to a member of Landlord 's immediate family . 27. Tenant shall provide proof of liability insurance naming Landlord as an additional insured on the policy. 3 28 . Landlord/owner is aware that the operation of a cannabis business on the premises may cause the cancellation of any existing or future mortgage. 29. Landlord/owner is aware that this new occupancy may affect the continuance of any existing premises business/casualty/liability insurance policy. Should Landlord be required to obtain a different carrier, or if the existing policy's premium is increased due to the cannabis occupancy, Tenant shall reimburse Landlord for the cost of any and all resulting premium increases. 30. Both parties are aware that certain Federal, State and/or local governments have imposed eviction moratoriums upon some landlords. Should any such legally- binding eviction moratorium prevent Landlord from evicting the exi sti ng tenant, Tenant will absolve Landlord from any resulting damages. 31. The State of California's "one licensee per premises" rule prevents multiple cannabis businesses on the same parcel. The whole parcel located at 207 East Sierra Avenue, Fresno, CA shall constitute the "premises." No additional person, corporation or organization shall be allowed to conduct any other cannabis operation on the premises during the term of this lease. 32. Operational regulations may prevent Landlord from entering a cannabis facil ity, even with legal notice of an allowed insp ection. The Tenant will basically need to have an ID badge for the Landlord. "Limited access areas" will require accompaniment by the licensee at all times. All of this will need to be detailed in the lease to ensure that the tenant isn't in default. If a landlord or the landlord's agents enter into the limited access areas in a licensed cannabis premises in violation of the Medicinal and Adult-Use Cannabis Regulation (MAUCRSA) the state holds the licensed tenant responsible for such violation. Accordingly, the agreement shall make landlord's access rights subj ect to the restrictions and requirements in MAUCRSA regarding access to the premises. 33. In the event of Federal enforcement action or subsequent changes i n local, State or Federal laws that may force termination of the retail cannabis operation, Landlord agrees to release Tenant from the obligation to pay all remaini ng rental payments. In such case , Tenant shall pay Landlord the sum total equal to the next six months rental fees as an exit payment, and Landlord shall retain all improvements to the premises except for those items and fixtures that are easily removable such as display counters, specialty lighting, wall decorations etc. Said exit payment shall be paid to Landlord within 30 days from the effective date of such forced termination. 34. With the exception of provisions regarding matters occurring prior to the lease begin date, the remaining terms of this agreement will not take effect should t he applicants fail to be granted license and operational approvals from the City of Fresno. 4 35. Time is of the essence. Upon signing this LOI, both parties agree to act in good faith to diligently pursue the signing of a formal lease to include the terms noted herein. Both parties shall execute the formal lease agreement as soon as reasonably possible. (Note: This is not intended to be a complete listing of matters to be included. It is expected that both parties w ill seek legal advice and that both parties shall fairly and reasonably negotiate any and all additions to the lease agreement as may be proposed by their advisors.) SIGNATURES: Tenant Date: January 21, 2021 Steve S On beha o: Roeding Leaf Inc. Date: January 21, 2021 5 2019 Individual Return prepared for: ADOLFO E and SONIA R CASTILLO CM2 Accounting, LLP ... RECORDING REQUESTED BY: Stewart Title -Fresno. 11111111111111111111111111111111111111111111111 II WHEN RECORDED MAIL TO: FRESNO County Recorder Robert C, Uerner DOC-2007-0144025 Ado lfo Castillo Sonia Gomez Acct 8-Stewart Title Of Fre ■no County Friday, JUL 27, 2007 lS:12:21 Ttl Pd $245.70 Nbr-0002565910 ORDER NO. ESCROW NO. APN. 2541-10712 2552-10712 EMF/R5/1-1 GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s): DOCUMENTARY TRANSFER TAX is : $238.70 CITY TAX D Monument Preservation Fee is: IE! computed on full value of property conveyed , or D computed on full value less value of liens or encumbrances remaining at time of sale . D Unincorporated area: IE! City of Fresno, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jerry Senatore and Pamela Senatore, husband and wife hereby GRANT(S) to ADOLFO E. CASTILLO, A SINGLE MAN AND SONIA R. GOMEZ, A SINGLE WOMAN, AS &x!JQj@~Kk~X JOINT TENANTS the following described real property in the City of Fresno, County ofFresno, State of California: Lot 6, Tract No. 1413, Marymeade Park, as per map thereof recorded in Book 17, Page 24 of Plats, records of said County . DA TE: July 18 , 2007 STA TE OF CALIF~A COUNTY OF \C f ,S Y\.~ On ')-l8 -D ') before me,~-~'\ lu rcj ~ ) ~o\£\.V''::( ()v--\:> \,' <..,, , (here insert narrif and tii1e of the officer) p~lly appeared ~ E...'[f'::::\ ~\.o..':E.'f::t: ±::: ~"y....~\£ -10,C\.b,c:e personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s), whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/th~ executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s) or the entity upon behalfof which the person(s) acted, executed the instrument. WITNESS my ha.,.-...,_,,'-=' (Seal) Table of Contents INTRODUCTION........................................................................................................................1 1. BUSINESS PLAN 1.1 Owner Qualifications..............................................................................................................2-8 1.2 Budget......................................................................................................................9-17 1.3 Proof of Capitalization……………......……........…………...……………………....18 1.4 Pro Forma……………………………………….………………………...……...19-25 1.5 Hours of Operation and Opening/Closing Procedures……......…...…………......26-30 1.6 Daily Operations………………….…………………………......……….....……31-39 1.6.1. Day to Day Operations for Retail……………………...........……......…......31 1.6.1.a. Customer Check-In Procedures……………………….......……….......……31 1.6.1.b. Procedures for receiving deliveries………………………......…..................32 1.6.1.c. Point-of-Sale System Information………………………......………...….…33 1.6.1.d. Estimated number of Customers per hour/day……………...........................33 1.6.1.e. Proposed product line/percentage of sales……………………...…........…...33 1.6.1.f. Delivery/Ordering Procedures……………………..........….……………34-39 Specific Policies and Procedures...............................................................40-60 2. SOCIAL POLICY AND LOCAL ENTERPRISE PLAN 2.1 Living Wage Information……………………..........……………………………......61 2.2 Benefits provided to employees…………………………..........………………….…61 2.3 Compensation/Opportunities for employees……………..........…………………….63 2.4 Recruiting Individuals…………………………………….........……...…………63-64 2.5 Locally managed enterprise/local owners………………......……………………......64 2.6 Number of Employees, title/position and responsibilities……………..................65-67 2.7 Labor Peace Agreement………………………………………………..........……….68 2.8 Workforce Plan 2.8.1Commitment to local hire………………….……………………….…................68 2.8.2 Commitment to offer apprenticeships/continuing education…………...............68 2.8.3 Commitment to pay a living wage……………………………...……………....68 3. NEIGHBORHOOD COMPATABILITY PLAN 3.1 Response to complaints…………………………………………………………………69 3.2 Management of Banyan Tree Dispensary to avoid becoming a nuisance………………70 3.3 Odor Mitigation …………………………………………………………………...……71 3.4 Potential Sources of Odor………………………………………………………………71 3.5 Odor control devices and techniques…………………………………………………...71 3.6 Staff odor training and system maintenance…………………………………...……71-72 3.7 Waste Management Plan………………………………………………..…………...72-73 7. COMMUNITY BENEFITS AND INVESTMENTS PLANS 7.1 Social responsibility plan/community outreach/social services……...…………......74-75 7.1.1 Expungement clinics or outreach services…………………………….............76-78 7.1.2 Environmentally sustainable building/vehicles……………………………...........78 7.1.3 Utilizing vacant buildings, brownfields land or blighted areas…………………...78 7.2 Development of public health outreach and educational program..............................79-82 ROEDING LEAF, INC. DBA Banyan Tree City of Fresno Retail Cannabis Application Page 2 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Business Plan Owner Qualifications 1.1 Roeding Leaf, Inc. is owned and managed by the following five successful and innovative business people: Steve and Cathy Spriggs, Miguel Vasquez, William Broomfield and Adolfo Castillo. Resumes of Owners Steve Spriggs Steve Spriggs was born in the 50’s and grew up in the 60’s. He has been in this valley most of his life. When he started college, he found that cannabis helped him sleep. It still does. He also learned that the pain from multiple orthopedic injuries was greatly eased by consuming cannabis. It still is. Access to cannabis was scary back then, and simple possession had harsh consequences. He knew something was very wrong, but he kept his paranoid head down and just moved along. Although 18-year-olds were given the right to vote in 1971, he was born 10 days too late to vote for Proposition 19. He felt cheated that he was unable to participate. While attending his final year at law school, he volunteered to be the Stanislaus County Coordinator for the 1980 California Marijuana Initiative. His first effort using the legal system to make a positive change failed because they didn’t get enough signatures to qualify for the ballot. He held out hope that his support of Proposition 216 in 1996 and his volunteer efforts to help pass Proposition 64 in 2016 would set the stage for actual legal access in his own community. He is still waiting. He owned a successful insurance agency for 10 years and then switched careers into nonprofit management. For 4 years he was CEO of a local community benefit organization that had an annual budget of $6.5 million, 66 employees and 18 programs supported by 22 funding sources that included State, Federal and private grants. He retired after 11 years as Director of Planned Giving at Fresno State where he raised more than $25 million. He’s been married for 42 years and has one son who was 23 when he was struck by a car while on his bicycle. He suffered severe traumatic brain injury requiring emergency cranial surgery, a crushed lower leg, 4 damaged disks in his back and broken shoulder that have resulted in Page 3 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail multiple subsequent surgeries. The severe pain resulted in a serious addiction from 4 years of consuming high quantities of prescribed opioids. He used cannabis to successfully withdraw from the prescription pain medications. He feels blessed that today he is able to function at a higher level than ever expected. He believes that his use of cannabis saved his life. He still uses cannabis for pain relief. Today, Steve Spriggs has survived cancer, 16 orthopedic surgeries and a lifetime of serious pain. Although legal medicinal cannabis is now somewhat accepted, there is still no legal source for his medicine within his own community. There are hundreds of liquor licenses in Fresno, yet he cannot legally purchase cannabis for recreational use. He still believes that something is very wrong with that scenario, and he doesn’t want to keep his head down any longer. When Steve learned that Fresno was beginning the process of licensing retail dispensaries, he looked into it and decided to see if he could use his lifetime of experience to help build an organization focused on community service while providing a clean, safe and LEGAL source of cannabis products for people like himself and his son. He is passionate in his belief that the responsible adult use of cannabis should be safely and legally available in his community. He has never had that experience and he would very much like to do so before he dies. So, he is now compelled - one more time - to try to make it happen. And he hopes to help guide their team to successfully operate a quality dispensary where giving back to our community is a business priority. Page 4 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Miguel Vasquez Coming from a small community like Fresno, California, Miguel Vasquez learned success was based how hard you worked and the amount of effort one gave. Miguel is a first-generation Latino, having both parents settle in Fresno Ca. during the 70’s. Miguel learned about the American Dream after his father made calculated risk by opening up a retail Jewelry store in the Farmers Market building during the early 80’s! With neither one of his parents graduating high school, let alone being able to attend due to a responsibility to bring home income, Miguel knew hard work and leveraging resources appropriately would secure a prosperous future for himself. Miguel grew up in retail, his family was fortunate enough to own and operate a couple of Jewelry stores in the Fresno area. Waking up every day and seeing his parents carry out day-to-day operations, he was able to apply this drive when, as an adolescent, Miguel assisted in the family business stocking showcases and cleaning the store and helping with everyday tasks. Miguel’s life changed when his mother remarried to another small business owner. Miguel now began to work for the new family landscaping business initially just a laborer but then eventually promoted to crew lead. After graduating high school and looking toward a more professional career, a family friend that was in the health industry, took a chance on a young but mature adult. Miguel’s first significant management role as an Assistant Administrator of a state-funded convalescent hospital included overseeing meetings that held department heads, physicians, social workers and administrative management alike in attendance. During the time that Miguel spent growing with this company he was entrusted with the tasks of hiring and firing, controlling revenue loss or gain, and hospital material inventory, in addition to leading all building upgrade projects and overall admin oversight. Having so many responsibilities within a compliance-based setting, laid down a foundation of experience that led Miguel to be well groomed for the corporate structure he found within the Fortune 500 company, AT&T. Miguel was now able to leverage his previous expertise to accept a role as a Corporate Business Account Manager that also brought him back to retail. Miguel now was given the opportunity to manage small business customers and retail store reps holding them accountable to hit sales goals. These goals would consist of selling to walk in customers and local businesses. Other responsibilities included selling service plans, accessories and retail promotional items. This allowed Miguel to be involved with day-to-day operations managing numerous AT&T retail locations in the Fresno area. After demonstrating the ability to be successful in a smaller size market, Miguel was offered an opportunity to lead a small to mid- market territory in the high demand demographic of San Francisco. Unlimited resources and unions came with this role that provided cert training, leadership networking, and exposure to the organizations’ technology and processes. Miguel knows that the marriage between the cannabis Page 5 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail retail businesses paired with corporate structure makes a great deal of sense on the selling and, most importantly, buying. Page 6 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail William Broomfield William has held numerous positions in the past three decades that were dedicated towards motivating, empowering, and educating at-risk students in both Los Angeles, Orange, Fresno, and Kings County. In 1997, he had the privilege of holding the position of School-to-Career Assistant Director for the City of Long Beach bringing both educators and businesses together to create working opportunities for both at-risk individuals and underrepresented communities. In 1999 he took a position in Hollywood where he worked as the Director of Community Educational Outreach and Training at “Workplace Hollywood”, the non-profit organization representing the 7 major studios and network television for six years. In 2005 he took the executive position of Events Manager with the City of Fresno where he increased the number of community events and festivals from 7 to over 300 annually by 2008. He also received the 2009 California State CPRS Economic Impact Award for Special Events. In 2012, William co-founded CenCal Mentoring Academy and currently holds the position of CEO where they provide intervention and prevention mentoring services and guidance to over 15,000 identified at-risk students in 17 schools within Fresno and Kings County. In 2017, William accepted a Director of Engagement consulting position with the San Joaquin Valley Manufacturing Alliance where he works with both manufacturing and education to strengthen regional Career Technical Education and work-based learning programs. In 2019, he accepted the assignment of Adjunct Professor at Fresno Pacific University. He currently provides instruction for both Micro/Macro Economics and Statistics business courses. A product himself from the inner cities of Long Beach and Compton, William has never forgotten where he came from. He has always had a passion for motivating and helping at-risk students get into college, secure internship opportunities, and entry level employment. He is also an Air Force veteran and holds a bachelor’s degree in Management and a master’s degree in Public Administration. Page 7 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Adolfo Castillo He is a Hispanic male, born and raised in Fresno CA, and comes from a low-income household- however, his hard-working parents taught him great work ethic. His career path led him to the financial industry. With his high school diploma and excellent people skills, he landed a job in customer service with one of the largest banking corporations in the country, moving up to a supervisor role and eventually to the position of Customer Service Manager of a branch in Clovis, CA. It was my experience in the financial industry where I learned about business structure, financial data analysis, compliance, financial literacy, employee development, customer relations, and corporate fundamentals. Adolfo’s entrepreneurial mind was always at work. From the days of being a paperboy and mowing lawns to becoming manager at a bank, he always longed to own his own business, and be his own boss. It was in 2009 that my journey to the American dream began. One day an unexpected request came from his mother. His aunt had been diagnosed with cancer. His mother was like most parents when it came to drugs; her advice was not to do them. However, she desperately wanted relief for her sister and asked Adolfo to get her some cannabis. It was at that time he learned that cannabis provides medicinal properties and relief in dozens of ways. It was also during this time that prop 215 had decriminalized cannabis and our city was allowing medical dispensaries to open within its limits. With the support of his wife and mother, he gathered a team, liquidated his life savings, and opened his own medical cannabis dispensary. Adolfo felt that in order to build the best company he could, he would have to eventually step away from his full-time job as a bank manager. Shortly after the first year he did just that. The store built a steady customer base and he was seeing success. Unfortunately, local and federal government enacted laws and ordinances that required them to cease operations. In the interim he has been closely learning about the current rules and regulations so that he can re-establish himself in the legal cannabis market and is doing everything necessary to own and operate a cannabis retail store in his city once again. To further his education in cannabis business, he has attended several workshops at Central Valley SCORE. This non-profit organization has taught him how to create a business plan, business financial fundamentals, and how to market his business. Adolfo has also completed and received certifications from Greenbits University for The Inventory Manager and The Dispensary Manager Training programs. He also has a certificate of completion from Hemp Staff’s Management Training Program. Lastly, he has attended State labor law and EDD payroll tax seminars just to stay informed. Another important faction of his life is training and participating in 4 Spartan races a year. Spartan is one of the hardest endurance challenges on the planet. He not only enters but also volunteers to help train individuals who would like to race through Central Valley Spartans. He Page 8 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail began racing 4 years ago, and has learned the value of commitment, never give up attitude, and teamwork. Core values that he applies to everything in life. Opening and operating a dispensary is extremely difficult and takes strategic planning, implementation, and the right management team to work. Even though the competition is fierce, and his recourses are limited he thinks of his late Aunt and the thousands of people who are in desperate need to access safe, lab tested medicinal cannabis in The Valley. He personally witnessed the healing and the comfort cannabis has provided for people and it is his passion to aid in that happiness. His secondary mission is to help educate and employ others like myself who are passionate about cannabis and would like to learn how to get into the industry or start their own business, but may not have the capital or knowledge of how to turn their dream into reality. Page 9 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Cathy M. Spriggs, BS, MA Cathy’s interest in participating in the cannabis business is personal, financial and educational. Both her husband and adult son utilize California’s Medical Marijuana laws to access cannabis for medical use, and she has seen first-hand how effective marijuana is in the treatment of pain and anxiety. Financially, she has been the angel investor who has supported the Roeding Leaf Inc. board members over the past 18 months as they established themselves as a corporation and have developed plans to apply for a cannabis license in the City of Fresno. She plans to continue to support them financially throughout the application process and as they establish the retail business. The Roeding Leaf board members are local people with an understanding of the retail cannabis industry with a strong desire to become successful local entrepreneurs. As a retired educator of forty years with expertise in educational leadership, curriculum development and effective instructional delivery, she will guide the development of a community education program as a part of their Community Benefits activities. The primary focus of the community program will be a drug awareness program for youth. In short, Cathy feels that her participation with the Roeding Leaf group will be advantageous for them as they pursue their goal of owning and successfully operating a retail cannabis business. She has a master’s degree in educational leadership and holds a regular education credential, special education credential and an administrative education credential. Page 10 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Budget 1.2 Page 11 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Page 18 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Proof of Capitalization 1.3 Traditional equity investors are presently reluctant to commit funds to a start-up Social Equity retail cannabis business that has not yet acquired the requisite local permits and state licenses, however, numerous investors have expressed confidence in our business plan. *This page to remain confidential Page 19 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Pro Forma 1.4 *This page to remain confidential Page 26 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Hours of Operation and Opening and Closing Procedures 1.5 Hours of Operation APPLICABLE LAW: Pursuant to the California Code of Cannabis Regulations §5403, Roeding Leaf Inc officers, management, and staff will adhere to both local and state laws and regulations as it relates to running a compliant facility in the City of Fresno POLICY OBJECTIVE To create a successful and fully compliant operation which allows Banyan Tree Dispensary to serve the needs of its patients, primary caregivers and customers during the hours of operation ROEDING LEAF CORE VALUE: “always here to help” SOP PROCEDURES: Hours of Operation Pursuant to BCC and CDPH and Fresno requirements, the proposed main hours of operation for the dispensary will be between 9am and 9pm Opening Procedures APPLICABLE LAW: Pursuant to the California Code of Cannabis Regulations § 5403, this document describes the procedure that will be followed when security personnel, management and staff will be opening the retail dispensary in order to ensure that it is safe and secure. POLICY OBJECTIVE: Security Personnel and a manager will perform or oversee a daily inspection to ensure compliance with the rules set forth by the Bureau and all applicable state and local laws, regulations, ordinances, and other requirements. ROEDING LEAF INC CORE VALUE “safety is a top priority” ● 8am manager, staff, security personnel arrive. ● The manager and staff will remain a safe distance away from the Facility’s entrance while Security Personnel enters and conducts a walk-through of the Facility to be certain it is safe to enter. ● Security Personnel enter the building and lock the door behind them. Page 27 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Security Personnel will check the security camera room to ensure all cameras are working properly and the DVR is recording. A log is kept to record name, date, and time of verification. ● Security Personnel performs a walk through of the building checking all bathrooms, breakroom, reception area, receiving area, and sales floor to ensure there is no breach. ● When Security Personnel has completed search and it is safe to enter there will be an all clear signal displayed. The signal will be changed after any employee is no longer employed by Roeding Leaf Inc or the beginning of a new quarter. ● Security Personnel checks all indoor and outdoor lighting to make sure they are all working properly ● All lights, POS systems, and magnetic card readers are turned on. ● All products are locked in the vault. Dual synchronous access is required. ● Manager and one staff member will open the vault and count inventory that will be transferred to the sales floor for that day. The allocation is determined from the prior day sales report. The amount of inventory is checked to match the prior day closing inventory report. ● Manager will sync transferred inventory to METRC using Flowhub. ● A log is kept to record the manager and staff members' initials along with the date, time, and variance if any. ● The inventory is moved to the sales floor. The display areas are filled first. The working supply is moved to a secure “quick access” locked cabinet behind the sales counter. ● Staff members will check inventory levels and make sure all inventory is moved to the front to ensure products closest to expiration are sold first. ● Manager will assign a cash drawer. Cash drawers are stored in the vault. Each cash drawer starts and ends with $250 in mix bills and change. ● Staff takes a cash drawer to their workstation where it is locked. ● Before the doors open the staff will begin cleaning the dispensary, using disinfectant cleaning products to wipe down all display counters, POS terminals, cabinets, computers, and tables. The breakroom and all bathrooms are cleaned and restocked with paper Page 28 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail products, hand sanitizer, and soap. All floors are swept and vacuumed. All waiting room tables and furniture are wiped down and disinfected. All doorknobs, door handles and countertops are disinfected. This includes the front, back, and receiving area of the dispensary. Covid Cleaning Procedures • Cleaning is done every 30 minutes. Counters and any area the customer touches while in the shop are disinfected when the customer exits the building. Employees will wear gloves and masks. Six feet markers will be placed on the floor to encourage social distancing. Customers will be required to wear masks or will be refused entry. • Reports are reviewed ● Discrepancy list- indicator that something doesn't match from the sales report to the inventory report. ● Sold out report- no inventory of products ● Deliveries report- Any deliveries that may be coming in or out that day. ● Expiring products report- indicates products approaching expiration date. • 8:45 am: 15 minute pre shift meeting prior to opening Pre shift meeting will review ● New products in inventory ● If any products are on sale ● Price changes- up or down ● Product availability- sold out or discounted products ● Review any product recalls ● Review inventory discrepancy ● Update in-store online menus ● Ensure online ordering system is updated and fully functional • 9:00 a.m. doors open Closing Procedures APPLICABLE LAW: Pursuant to the California Code of Cannabis Regulations §26070(j) Roeding Leaf Inc shall implement security measures reasonably designed to prevent unauthorized access to premises. POLICY OBJECTIVE: To foster protocols that ensure all requirements for our operation in the City of Fresno are implemented properly and are in alignment with the City's requirements. Page 29 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ROEDING LEAF CORE VALUE: “safety is a top priority” SOP PROCEDURE: Closing Procedure ● Final transaction time at Roeding Leaf Inc will be at 8:45pm ● Security will lock doors to prevent anyone else from entering the building while closing procedures are in process. ● NO SALE may be time-stamped before 9am or after 9pm. Overnight product storage ● The product that is on the sales floor being displayed or in daytime storage cabinets will be secured in the vault overnight. ● All cannabis goods in day storage areas and displays will be properly accounted for in Flowhub POS and METRC. ● Final sales reports are run and verified. ● Closing reports are run for each customer care specialist and cash drawer. ● Cash is counted to ensure accuracy and matched to report. ● After cash is counted by each employee and cash balance ($250) is left in the till for change, the balance is counted, wrapped and readied for deposit. ● Drawers are secured in the vault overnight. ● Once finalized, a single cash deposit will be created and secured in a locked bank bag. ● Bag will be stored in the safe until the next armored car pick up. ● Security Personnel performs a daily closing inspection to ensure all cannabis goods are secured and stored. ● Security Personnel will ensure all security systems are functioning. ● Security Personnel will ensure all doors are secured. Page 30 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Security Personnel will ensure that all persons have left the building. ● Manager activates alarm system and exits the building. ● Security Personnel verify staff all exit the premises safely. Page 31 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Daily Operations 1.6 1.6.1.a Check In Procedures APPLICABLE LAW: SEC. 9-3310 (4)(b) Security Measures(i)(ii) Operating Requirements for Cannabis Retail Business in The City of Fresno. POLICY OBJECTIVE: To ensure that the Roeding Leaf Inc facility remains in compliance with the City of Fresno rules and regulations, as it relates to the operating requirements for cannabis retail in the City of Fresno. To ensure the age and valid identification before a customer enters the facility. ROEDING LEAF INC CORE VALUE: “Compliance is Key” SOP PROCEDURES: Check in procedures ● There is one entrance the customer shall use to enter and exit the facility. The door is kept locked and is secured. A “buzz in” electronic/mechanical entry system is utilized to limit access entry to the building. ● Customers are greeted by Security Personnel. Identification is verified using electronic devices. ● Customers are allowed access and enter the lobby. A controlled access door separates the retail space and the lobby. ● Inside the lobby, customers are greeted by a receptionist. Banyan Tree Dispensary reception staff shall be equipped with Greet™ a mobile check in handheld Nug Pro™ scanner device. Flowhub’s Nug is the cannabis industry’s first mobile check-in and inventory management device with built-in applications designed to save time and keep compliant. ● Our receptionist staff will perform an instant check in for customers. The scanner validates ID and performs age verification. The staffer has the ability to see any security flags or customer notes. Documents can be uploaded for all medical patients. Medical card expiration can be verified. Que management syncs the customer information directly with the POS queue to the customer care specialist in real time. The customer loyalty points and discounts are displayed. ● When the customer completes the check in process they will wait in line. Security personnel will control access to retail showroom. Page 32 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 1.6.1.b Receiving Deliveries Procedure POLICY NAME: Receiving Shipments of Inventory APPLICABLE LAW: Pursuant to the California Code of Regulation § 5422 Roeding Leaf, Inc. management and staff will adhere to both local and state laws and regulations as it relates to receiving shipments of inventory during business hours. POLICY OBJECTIVE: To describe the policies and procedures Roeding Leaf Inc. employees are required to abide by when receiving, inspecting, and accepting inventory acquisitions of cannabis goods. This SOP also describes the required standards that will be satisfied as a prerequisite for acceptance. SOP PROCEDURE: Receiving Cannabis Goods Roeding Leaf, Inc. shall receive a shipment of cannabis goods only from a licensed distributor or licensed microbusiness authorized to engage in distribution. Rodeing Leaf, Inc will only accept shipments of cannabis goods during open hours of operation 9am - 9pm. The vendor entrance is restricted and is only accessible by Roeding Leaf, Inc. security and authorized staff. There is a dedicated vendor parking area secured by armed security and is under 24 hour video surveillance. ● When a scheduled shipment has arrived to be received the incoming shipment will be verified with Security Personnel and the General Manager or the Inventory Manager before providing access to the premises. ● The designated manager will transport the shipment inside through the designated shipping and receiving entrance and into the inventory intake room to unpackage it for inspection. ● The designated manager will confirm the cannabis goods presented match the corresponding Purchase Order and Shipping Manifest. ● After the designated manager confirms the purchase order and shipping manifest match, they will issue a unique receiving control number to each cannabis good and document it in the Inventory Receiving and Inspection Log. Page 33 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Upon completing inspection and acceptance of a shipment of cannabis goods, an authorized employee immediately carries the cannabis goods into the designated Storage Room. ● The products shall be stored and labeled in accordance with the Storage and Handling SOP. ● The designated manager will document the receipt of the inventory in Flowhub POS and METRC in accordance with the Track and Trace SOP. 1.6.1.c. Point of Sale System The Banyan Tree dispensary will utilize FlowHub as our point-of-sale system. We have designed in our layout to have 5 point-of-sale service stations for customer check out. 1.6.1.d. Estimated Number of Customers per hour/day Our research has determined that we will service on average 25 customers per hour. During a full 12 hour day we will average 300 customers per day between in-store and online fulfillment. 1.6.1.e. Proposed Product Line and percentage of sales Product lines to be sold and the estimated percentage of sales of flower and manufactured products. 33% Flower sales - Indoor, Greenhouse, Outdoor to be sold by ⅛ per unit. 29% Vape product sales - CBD and THC vape product to be sold by .5 - 1 gram per unit. 20% Edibles/Ingestibles sales- Chocolates, Gummies, Drinks, Tinctures sold 5mg - 100mg THC per a unit. 13% Concentrate sales- Live Resin, Live Rosin, Live Badder, Live Diamonds, Live Sugar, Live Shatter, Solventless Sauce, CBD Bubble Hash, Hash Rosin, Shatter, Crumble, to be sold by .5 - 1 gram per unit. 4% Pre roll sales- Infused or Flower sold in single or 3 to 5 pack units. Page 34 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 1.6.1.f. Delivery Service Procedures APPLICABLE LAW: Pursuant to the Business and Professions Code section 26001(p), California Code of Regulations §5415-5421; §5048-5051 Roeding Leaf, Inc. officers, management, and staff will adhere to both local and state laws and regulations as it relates to running a compliant Delivery operation in the city of Fresno. POLICY OBJECTIVE: To create a successful and fully compliant delivery operation which focuses on team member safety and training, the consistent delivery of high quality locally sourced products, consumer education, and community engagement. SOP PROCEDURE: Management ● Staffing and Management Ordering ● Customer Ordering Procedures ● Online Ordering System ● Technology Integration ● Education Integration Fulfillment ● Transportation Vehicle Requirements ● Delivery Inventory Ledger ● Order Fulfilment (Pre and Post Delivery) ● Delivery Receipts ● Communications ● Route Planning Control and Compliance ● Maintenance of Business License ● Delivery Employees ● Online Age Verification Deliveries to Patients “Delivery” means the commercial transfer of cannabis or cannabis products from a cannabis retailer located within the City or a state-licensed cannabis retailer located outside the City, in accordance with State Cannabis Laws, to a primary caregiver, qualified patient, or person with an identification card located inside the city. Page 35 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail In order to provide the very best customer service for clients, The Banyan Tree dispensary will provide a delivery service, in addition to our physical location. We know that cannabis will more closely mimic existing shopping and buyer behavior practices of other consumer product verticals and our protocols are designed to take advantage of our extensive experience. Staffing and Management Roeding Leaf, Inc will employ a number of key individuals to operate the storefront retail And delivery operations aspect of its cannabis business. General Manager The General Manager will be Banyan Tree’s day-to-day operations manager for the dispensary. The General Manager will oversee all of the operations, hiring, training, evaluating, disciplining, and terminating all employees. The General Manager shall be responsible for implementing and maintaining the inventory tracking system (Data Management System), for ensuring that all City and State commitments are being met, that the site is secure and safe and that the quality of product is the highest in the industry. Inventory Manager The Inventory Manager's main responsibility is to assure all cannabis products that are delivered are fully compliant with California State law and regulations and that all inventory is fully accounted for at all points of the operation. Dispatch Manager The Dispatch Manager will work directly with the delivery team to assist in coordinating daily work flow, and work independently on safety requirements for the delivery team in addition to being responsible for properly deploying and monitoring the status and locations of the delivery drivers. Driver All deliveries of cannabis goods will be performed by a delivery employee of Roeding Leaf, Inc. Each delivery employee of Roeding Leaf Inc. shall be at least 21 years of age. Drivers will be responsible for transferring products from our storefront retail dispensary directly to patients, primary caregivers and customers throughout the city and collecting money in exchange for the cannabis goods from customers. All deliveries of cannabis products will be made in person and may only be delivered to a physical address in California. Banyan Tree Dispensary delivery employees shall not leave the State of California while possessing cannabis goods. Drivers will work with the Dispatch Manager to ensure timely delivery and full compliance with both local and state laws. Page 36 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Banyan Tree Dispensary delivery employees shall not consume cannabis goods while delivering cannabis goods to customers. All Roeding Leaf, Inc. delivery employees will be fully trained in customer service and promote compassionate care during deliveries. In addition, each driver will be trained and adhere to very strict policies that track the order from inception to delivery. The process of the delivery begins when the delivery employee leaves the licensed premises with the cannabis goods for delivery, and the process of delivering ends when the employee returns to The Banyan Tree after delivering the cannabis goods to the customer(s). Customer ordering procedures The Banyan Tree dispensary will utilize Webjoint as our delivery fulfillment software. Webjoint fully integrates with Flowhub point-of-sale software and METRC. Phone orders: ● The designated employee scheduled will take the order by phone. ● The employee shall log into Flowhub and perform an ID and age verification check. ● The employee shall prepare a delivery request receipt for each delivery of cannabis goods. The delivery request receipt shall contain the following: 1) The name and address of the retailer; 2) The first name and employee number of the Roeding Leaf, Inc. employee who delivered the order; 3) The first name and employee number of the Roeding, Leaf, Inc. employee who prepared the order for delivery; 4) The first name of the customer and a Roeding Leaf, Inc. assigned customer number for the person who requested the delivery; 5) The date and time the delivery request was made; 6) The delivery address; 7) Detailed description of all cannabis goods requested for delivery. The description shall include the weight, volume, or any other accurate measure of the amount of any cannabis goods requested; 8) The total amount paid for the delivery, including taxes, fees, the cost of the cannabis goods, and any other charges related to the delivery; and 9) Upon delivery, the date and time the delivery was made, and the signature of the customer who received the delivery. Online ordering system Technology Integration Page 37 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail As a licensed storefront retailer, Banyan Tree Dispensary will not sell or otherwise transfer any cannabis goods through the use of an unlicensed third party, intermediary business, broker, or any other business or entity. Banyan Tree will utilize Webjoint as a means to facilitate the sale and delivery of cannabis goods, in accordance with the following: 1) Roeding Leaf, Inc. will not allow for delivery of cannabis goods by technology platform service provider. 2) Roeding Leaf, Inc. will not share in the profits of the sale of cannabis goods with the technology platform service provider, or otherwise provide for a percentage or portion of the cannabis goods sales to the technology platform service provider. 3) Roeding Leaf, Inc. will not advertise or market cannabis goods in conjunction with the technology platform service provider, outside of the technology platform, and will ensure that the technology platform service provider does not use Roeding Leaf, Inc. license number or legal business name on any advertisement or marketing that primarily promotes the services of the technology platform. 4) Roeding Leaf, Inc. will ensure the following information is provided to customers: I. Any cannabis goods advertised or offered for sale on or through the technology platform will disclose Banyan Tree’s legal business name and license number. II. Customers placing an order for cannabis goods through the technology platform will be able to easily identify Banyan Tree as the source of the cannabis goods. This information will be available to the customer prior to placing an order or purchasing the cannabis goods. III. All required sales invoices and receipts, including any receipts provided to the customer, will disclose Banyan Tree’s legal business name and license number. IV. All other delivery, marketing, and advertising requirements. Online ordering procedures ● Once a patient, primary caregiver or customer visits Banyan Tree’s online delivery portal, they will be asked if they are above the age of 21; ● Patients, primary caregivers and customers can visit the Banyan Tree menu of products which will range from edibles to flower and other cannabis products; ● After a selection has been made, selected items will be placed in a “Cart” and the patients, primary caregivers and customers can then proceed to checkout; ● Once an order has been processed and filled at the Banyan Tree dispensary, the patients, primary caregivers and customers will receive an alert notification for an approximate delivery-time estimate; and ● Banyan Tree Delivery employees will receive instant push notifications on all tablets and smartphones at the dispensary. Once a patient, primary caregiver or customer has placed an order, it will be immediately filled by an employee, packaged and ready for delivery. Page 38 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Online Ordering System (Educational Component) The Banyan Tree online ordering system educational component will allow its patients, primary caregivers and customers to learn about the potency, effects, THC and CBD content of cannabis or cannabis goods prior to purchasing, as well as providing patients, primary caregivers and customers with the tools to incorporate a "Holistic Wellness" approach to their everyday lives. Fulfillment procedures and policies Transportation vehicle requirements A delivery of cannabis goods shall not be made through the use of an unmanned vehicle, and delivery employees shall only travel in an enclosed motor vehicle operated by a delivery employee. In addition, Banyan Tree shall ensure that cannabis goods are not visible to the public. Cannabis goods shall be locked in a fully enclosed box, container, or cage that is secured on the inside of the vehicle. The delivery employee shall not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. Any vehicle used in the delivery of cannabis goods shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery The vehicle used for the delivery of cannabis goods will be outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle. The dedicated GPS device will be owned by Banyan Tree and used for delivery only. The device shall be either permanently or temporarily affixed to the delivery vehicle and shall remain active and inside the delivery vehicle at all times during delivery. At all times, the retailer shall be able to identify the geographic location of all the delivery vehicles that are making Banyan Tree deliveries. Roeding Leaf, Inc. shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency. This prohibition applies to land held in trust by the United States for tribe or an individual tribal member unless the delivery is authorized by and consistent with applicable tribal law. At the time of delivery, the delivery employee of Roeding Leaf, Inc. shall provide the customer, who placed the order, a copy of the delivery request receipt. The delivery employee shall retain a signed copy of the delivery request receipt for Banyan Tree records. A delivery employee of Roeding Leaf, Inc. shall, during deliveries, carry a copy of Roeding Leaf, Inc.s current license, the employee’s government-issued identification, and an Page 39 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail identification badge provided. The delivery employee shall not carry cannabis goods worth in excess of $3,000 at any time. The value shall be determined using the current retail price of all goods carried by the delivery employee. Banyan Tree delivery employee(s) will maintain an electronic inventory ledger of all cannabis goods provided to the delivery driver. For each cannabis good, the delivery inventory ledger shall include the type of good, the brand, the retail value, the track and trace identifier, and the weight, volume or other accurate measure of the cannabis good. All cannabis goods prepared for an order that was received and processed by The Banyan Tree prior to the delivery driver’s departure from the dispensary must clearly be identified on the inventory ledger. After each customer delivery, the delivery inventory ledger must be updated to reflect the current inventory in possession of the delivery driver. Delivery driver access The staging location of the delivery service will be in the Restricted Access Storage area. Orders are processed in the POS system, and marked for delivery. Each order is packed inside the Restricted Access room, then placed in a locked storage container. All delivery items are consolidated and readied for pickup by the delivery driver. The delivery driver will access the Restricted Access Storage area to obtain the locked storage container which contains each individually placed order accompanying the delivery manifest. The driver will exit the building through the office and out through the reception area to the delivery vehicle. The driver will not access the restricted Retail area. Delivery vehicle location There will be one reserved space outside the front door for the delivery vehicle to minimize the distance the driver needs to walk, to ensure good lighting, and access to security guard cameras. This will also be the designated parking spot for the delivery vehicle for after-hours. Delivery route while making deliveries of cannabis goods Banyan Tree delivery employees shall only travel from the licensed premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the licensed premises. A delivery employee of Roeding Leaf, Inc. shall not deviate from the delivery path described in this section, except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route unsafe, impossible, or impracticable. The delivery driver shall maintain a log to record all stops from the time that the driver leaves the dispensary to the time that the driver returns to the dispensary and the reason for the stop. The log shall be turned in to The Banyan Tree when the driver returns to the dispensary. Roeding leaf, Inc must maintain the log as a commercial cannabis activity record as required by the Bureau and the City of Fresno. Page 40 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail SPECIFIC POLICIES AND PROCEDURES POLICY NAME: AUDITING PROCEDURES APPLICABLE LAW: Pursuant to the California Code of Regulations §5800 (c-e) and Roeding Leaf Inc Internal Policies. Roeding Leaf Inc officers, management and staff will adhere to both local and state laws and regulations as it relates to auditing procedures in the City of Fresno. POLICY OBJECTIVE: To ensure accuracy of Roeding Leaf Inc systems and processes at the licensed facility in the City of Fresno. STANDARD OPERATING PROCEDURE: Auditing Procedures - Internal Auditing - External Auditing - City Audit Access Internal Auditing Roeding Leaf Inc will record and maintain all internal audits from all departments for a period of no less than (3) years. The Bureau, the City of Fresno, and authorized representatives shall have the right to full and immediate access to inspect all materials, books, or records of Roeding Leaf Inc or its agents or employees. Prior notice of an inspection, investigation, review, or audit by the Bureau, the City of Fresno, and its authorized representatives is not required. POLICY NAME: COMPLAINTS, RETURNS AND RECALL POLICY APPLICABLE LAW: Pursuant to the California Code of Regulations §5410 Roeding Leaf Inc management and staff will adhere to both local and state laws and regulations as it relates to complaints, returns and recalls at the facility in the City of Fresno. POLICY OBJECTIVE: To provide a high level of customer service to patients, primary caregivers and customers who may want to complain or return cannabis /cannabis products purchased at our facility. In the event of a recall, Roeding Leaf management and staff will be able to execute the process seamlessly by adhering to this policy. STANDARD OPERATING PROCEDURE: Customer Satisfaction Page 41 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail - Complaints - Returned Products - Recall Procedures All complaints must be acknowledged within 24-hours of receiving such complaint. - All complaints must be dealt with and completed within 72-hours of receiving such complaint. CUSTOMER SATISFACTION Roeding Leaf Inc has a complaint, returns, and recalls policy that is fair, just, and flexible to deal with customer issues immediately. The policy has been designed to put customers first and adapt to numerous circumstances to ensure that our patients and customers are managed fairly and justly. The policy is rigid where it needs to be, particularly in relation to Product Recalls where there is minimal, or no, flexibility for front-line retail sales staff. Complaints ● Roeding Leaf Inc appoints the General Manager as the qualified person that will receive all customer complaints. The General Manager must notify Roeding Leaf Inc Head of Compliance within 12-hours of any complaint by completing a "Complaint Notice" form which records the time, date, name, location and situation of the complaint. ● Once a complaint is received, Banyan Tree’s Head of Compliance will take the following actions: ❏ Receive and review product complaints to determine whether the product complaint involves a possible failure of a product to meet any of its specifications, or any other requirements, including but not limited to those specifications and other requirements that, if not met, may result in a risk of illness or injury; and ❏ Investigate any product complaint that involves a possible failure of a product to meet specifications, including those specifications and other requirements that, if not met, may result in a risk of illness or injury. ● The Head of Compliance is responsible for sending an initial 'Complaint Received' note to the person that made the complaint within 24-hours of the complaint being received. ● The Head of Compliance will review and approve decisions about whether to investigate a product complaint and review and approve the findings and follow-up action of any investigation performed. This will be managed weekly in coordination with the General Manager. Page 42 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● A written record of the complaint, and where applicable, its investigation must be kept, including: ❏ Identity of the product; ❏ Batch, lot or other control number of the product; ❏ Date the complaint was received and the name, address, or telephone number of the complainant, if available; ❏ Nature of the complaint including, if known, how the product was used; ❏ Names of personnel who do the following: (i) Review and approve the decision about whether to investigate a product complaint; (ii) Investigate the complaint, and (iii) Review and approve the findings and follow-up action of any investigation performed. ● Findings of an investigation and follow-up action taken (when an investigation is performed) and a Response to the complainant, if applicable, should be sent no later than 72-hours after the investigation is completed. ● The procedure for a product complaint that includes a report of an adverse event (an adverse event is a health-related event associated with use of a product that is undesirable, and that is unexpected or unusual), includes the following: ❏ Reporting to any public health authority; ❏ Reporting to the physician of record for the individual reported to have experienced the adverse event, if known; and ❏ Product recall. Returned Products ● Returned products must be identified as such and be quarantined upon receipt. ● Returned products must be reviewed and approved or rejected by quality control personnel. Page 43 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● If the conditions under which returned product has been held, stored, or shipped before or during its return, or if the condition of the product, its containers, or labeling, as a result of storage or shipping, casts doubt on the identity, purity, strength, composition, or freedom from contamination or adulteration of the product, the returned product will be rejected unless examination, testing, or other investigations prove the product meets appropriate standards of identity, purity, strength, and composition and its freedom from contamination or adulteration. ● If the reason a product is returned implicates associated batches, an appropriate investigation must be conducted and must extend to all related batches and relevant records. Related batches may include, but are not limited to, batches of the same product, other batches processed on the same equipment or during the same time period, or other batches produced using the same components or packaging components. Rejected product returned to the manufacturing, packaging, labeling, and holding operation must be destroyed. ● A written record must be kept of the return, and where applicable its investigation, including: ❏ Identity of the product; ❏ Batch, lot or other control number of the product; ❏ Date the returned product was received; ❏ Name and address from which it was returned, and the means by which it was returned; ❏ Reason for the return; ❏ Results of any tests or examinations conducted on the returned product, or on related batches, if any; ❏ Findings of the investigation and follow-up action taken when an investigation is performed; ❏ Any reprocessing performed on the returned product; ❏ The ultimate disposition of the returned product, and the date of disposition; and ❏ Names of the quality control personnel who do the following: Page 44 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail (i) Review the reason for the product return; (ii) Review and approve any reprocessing, as applicable, and (iii) Review and approve the findings and follow-up action of any investigation performed. Recall Procedure ● Roeding Leaf Inc will establish and implement written procedures for recalling cannabis products sold at the facility. These procedures will include: ❏ Factors which necessitate a recall; ❏ Personnel responsible for implementing the recall procedures; and ❏ Notification protocols, including: (i) A mechanism to notify all customers that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate; (ii) A mechanism to notify any licensees that supplied or received the recalled product; and (iii) Instructions to the general public and/or other licensees for the return and/or destruction of recalled product. ● Procedures for the collection and destruction of any recalled product will meet the following requirements: (i) All recalled products that are intended to be destroyed will be quarantined for a minimum of 72 hours. Rodeing Leaf Inc Management or personnel will affix to the recalled products any bills of lading, shipping manifests, or other similar documents with product information and weight. The product held in quarantine will be subject to auditing. (ii) Following the quarantine period, Roeding Leaf Inc will render the recalled cannabis product unusable and unrecognizable and will do so on video surveillance. A recalled cannabis product that has been rendered unusable and unrecognizable is considered cannabis waste and shall be disposed of. Page 45 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail (iii) Roeding Leaf Inc shall dispose of chemical, dangerous, or hazardous waste in a manner consistent with federal, state, and local laws. This requirement shall include but is not limited to recalled products containing or consisting of pesticide or other agricultural chemicals, solvents or other chemicals used in the production of manufactured cannabis batches, and cannabis soaked in a flammable solvent for the purpose of producing manufactured cannabis batches. (iv) Roeding Leaf Inc shall not dispose of recalled cannabis product in an unsecured area or waste receptacle that is not in the possession and/or control of Roeding Leaf, Inc In addition to the tracking requirements, Banyan Tree shall use the track-and-trace database and on-site documentation to ensure that recalled cannabis products intended for destruction are identified, weighed, and tracked while on the licensed premises and when disposed of. For recalled cannabis products, Banyan Tree shall enter the following details into the track and trace database: the weight of the product, reason for destruction, and the date the quarantine period will begin. POLICY NAME: COMPLIANCE MANAGEMENT APPLICABLE LAW: A Roeding Leaf Inc Internal Policy. POLICY OBJECTIVE: To ensure all requirements for our operation in the City of Fresno are implemented properly and are in alignment with the City's requirements. STANDARD OPERATING PROCEDURE: Managing Compliance with Local and State Laws Managing Compliance with Local and State Laws The General Manager is the head of the business including ensuring that all commitments to the City and State are being met and that all obligations and operational procedures are in place. Specifically, the General Manager will also ensure the following compliance measures take place: ● Providing all necessary information and reports to local and state regulatory agencies; ● Monitoring reports from the inventory control system; ● Tracking any discrepancies between known or expected values, counts, weights or other information back to the source of the error; Page 46 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Providing input and implementing changes to protocols to correct errors, and/or other deficiencies in the Facility operations; ● Monitoring shipping manifests, inventory levels, inventory weight amounts, and other seed to sale tracking information; ● Interfacing with Security; ● Engaging local counsel when necessary; and ● Any other responsibilities required by management. POLICY NAME: DATA MANAGEMENT APPLICABLE LAW: Pursuant to the California Code of Regulations §5048 and §5051in association with Roeding Leaf Inc Internal Policy. Banyan Tree management and staff will adhere to both local and state laws and regulations as they relate to data management in the City of Fresno. POLICY OBJECTIVE: To ensure that privacy records, financial records, cost tracking and analysis, inventory levels and compliance data are safely and securely stored within the cloud software. STANDARD OPERATING PROCEDURE: Data Management / Data Reconciliation Data Management – Medical/Customer Info Data will be stored by Banyan Tree using industry specific cloud storage software. Our first priority is to ensure that such system provides secure electronic access to health data that is compliant with privacy rules and HIPAA Compliance (Health Insurance of Portability and Accountability Act). HIPAA Compliance ensures that data could never be released without either the patient's written consent or by court subpoena. Data is stored at an off-site HIPAA- Compliant Data Storage Centre and is SSL Encrypted. Specifically, we will also ensure that any Data Storage and Web-Hosting Services have: 1. A signed Business Associate Agreement (BAA) 2. Monthly vulnerability scans of servers 3. Mitigation of vulnerabilities discovered by the monthly scans 4. Server hardening 5. Off-site backups 6. Log retention of 6 years Page 47 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Data Management - Financial A licensed CFO is retained and employed by Roeding Leaf Inc to ensure that appropriate financial systems, policies, procedures and accounts are maintained accurately by the Company. GAAP Accounting Procedures shall be used. An independent and certified 3rd party auditor shall also be appointed for annual accounting compliance and audit checks. Data Reconciliation The key is to gather information at specific points in the process and then reconcile that information such that the continuous flow and custody of the cannabis product can be monitored and measured. Such information is used at two levels. First, for regulatory reporting purposes. Second, as a management tool for making important decisions about the overall efficiency of the operation. To that end, information such as cost tracking and analysis, inventory levels and compliance data is entered into the Data Management System and recorded. Any differences between expected and actual values or counts are immediately highlighted and addressed. Further, using various software privileges, individual employees are held accountable for their tasks and any issues that may arise in fulfilling those tasks. Each employee is given a specific password, such that his/her work input can be monitored and corrected, if necessary. The software systems have a redundancy of backup. Data is stored in secured hardware off-site cloud storage servers (HIPAA- Compliant process), using the latest in encryption technology. All data collected is time and date specific, identified by the employee inputting the data and stored for at least the time required by the State rules. Further, backup data is taken at regular intervals and stored off-site in secondary secure locations using portable hard drives. The result is a highly secure data processing system with redundancy of operations and storage built in. POLICY NAME: FACILITY RESTRICTIONS APPLICABLE LAW: Pursuant to the California Code of Cannabis Regulations §5039 and the Fresno Municipal Code, Roeding Leaf Inc officers, management, and staff will adhere to both local and state laws and regulations as they relate to running a compliant facility in the City of Fresno. PRODUCT OBJECTIVE: To ensure that the Roeding Leaf Inc facility remains in compliance with the City of Fresno rules and regulations, as they relate to building signage, advertising, on- site consumption and permit visibility. STANDARD OPERATING PROCEDURES: Facility Restrictions Facility Restrictions Page 48 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● On-site consumption of cannabis is prohibited at all times by all individuals on the property. ● No cannabis or cannabis products or graphics depicting cannabis or cannabis products will be visible from the exterior of the business premises, or on any of the vehicles owned or used as part of the business. ● Each entrance will be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. ● The original copy of the commercial cannabis business permit issued by the City will be posted inside the business premises in a location readily visible. POLICY NAME: CANNABIS INVENTORY CONTROL POLICY APPLICABLE LAW: Pursuant to the California Code of Regulations §5423-5324 Roeding Leaf, Inc management and staff will adhere to both local and state laws and regulations as it relates to inventory control in the City of Fresno. POLICY OBJECTIVE: To describe required inventory tracking policies and procedures that will be implemented by the Inventory Manager as a condition of employment. The purpose of the procedures is to ensure employees understand the types of transactions and commercial activities that require inventory tracking and follow the required inventory tracking policies and procedures associated with these actions. These procedures will ensure strict control over Banyan Tree’s cannabis inventory from seed to sale or disposal. To ensure that any cannabis handled, managed or sold by Banyan Tree is managed and accounted for in the most efficient and effective manner possible. STANDARD OPERATING PROCEDURE: Inventory Control - Inventory Control Practices - Monthly Inventory Procedure - Inventory Discrepancies Roeding Leaf, Inc will designate Flow Hub POS as the computerized seed to sale system and is the primary virtual system for tracking cannabis inventory. The statewide track and trace system supports interoperability with third-party cannabis business software applications; Banyan Tree’s seed to sale system has validated the appropriate credentials for integration from the CBB. All licensee-facing system activities required by the statewide track and trace system METRC will be performed in Flow Hub’s computerized seed to sale system through a secure API. Flowhub is Banyan Tree’s chosen computerized seed to sale system which will then serve as the sole system Page 49 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail in which cannabis inventory tracking data and other required information is entered by Banyan Tree’s personnel, except when direct data entry in both systems cannot be completed. Banyan Tree’s personnel will use a unit of measurement supported by the system and department to track cannabis. Inventory Control Practices Banyan Tree personnel will: 1.) Ensure that the statewide track and trace system METRC is being used for start-up inventory tracking. 2.) Ensure that the statewide track and trace system METRC is being used for end-day closing inventory tracking. 3.) Ensure that the statewide track and trace system METRC is being used for all cannabis products that are in storage. 4.) Ensure that the statewide track and trace system is being used for all cannabis waste. 5.) Ensure that the statewide track and trace system is being used for all cannabis product sales. 6.) Ensure that the statewide track and trace system is being used to track the name and identification number of the employee responsible for each action taken and the date and time each action takes place. 7.) Record the following for each destruction activity and provide to the Bureau, upon request: The name and employee identification number of the individual who performed the destruction or disposal; The reason for destruction or disposal; and required waste hauler documentation. ● Required Waste Hauler Documentation includes: the name of the local agency providing waste hauling services, the company name of the local agency franchised or contracted or permitted waste hauler, if applicable, the waste hauler's business address, the name and phone number of the primary contact person at the waste hauling entity, and documentation from the waste hauling entity that indicates the date and time of each collection of cannabis waste. Page 50 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Monthly Inventory Procedure ● All cannabis goods will be stored inside the vault on the licensed premises, separated from any and all employee break rooms, changing facilities, and bathrooms. These procedures will be followed at all times while conducting inventory reconciliation. Inventory reconciliation will be performed at the close of business once every two weeks, or as directed. Roeding Leaf Inc will ensure that reconciliation is completed on schedule. Roeding Leaf Inc will follow good handling practices when conducting inventory reconciliation to minimize risks of microbial contamination. Employees conducting inventory reconciliation will be free of infectious illnesses. ● Roeding Leaf Inc personnel will ensure all counts are recorded in the inventory management system and reconciled with existing inventory records. ● Rodeing Leaf Inc personnel will check for any discrepancies and document any adjustments made in the inventory management system. When there are any discrepancies found, they are reported to the Security Manager and Inventory Manager. ● Significant Discrepancy in Inventory – a difference of at least or 2.00% of the average monthly sales of the licensee, whichever is less. Average monthly sales are calculated by taking a per-month average of the total sales for the previous six (6) months. If in operation for less than six (6) months, only the months in which the facility has been in operation should be used to determine average monthly sales. ● When a significant discrepancy is identified, or when there is evidence of loss or diversion of cannabis goods, a breach of security or other criminal activity, personnel will notify the Bureau and law enforcement in writing within 24 hours. Handling an Inventory Discrepancy ● When Rodeing Leaf personnel is notified of electronic and physical inventories not reconciling, the manager will assume responsibility for investigating the situation. The Security Manager and the Inventory Manager will be notified prior to beginning the investigation. ● If the discrepancy can be traced to a simple transcription error concerning the location or placement of the product, the manager will fix the error in the Flowhub POS system and the statewide track and trace system METRC, as required. The Manager will instruct the responsible party on avoiding future errors. Page 51 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● If Roeding Leaf Inc personnel cannot attribute the discrepancy to errant tracking or placement of product, further action will be made to investigate the incident; Handling Unresolved Inventory Discrepancies ● When a discrepancy in inventory cannot be attributed to errant tracking or placement of product, Rodeing Leaf Inc personnel will investigate the incident. A complete review of the Audit Reports will be made to determine the timeframe when the discrepancy occurred. ● Personnel will review all video surveillance records related to the timeframe in which the inventory discrepancy occurred in order to determine the cause of the discrepancy. In coordination with the Director of Security, personnel will note the details related to the video sources reviewed such as the camera ID and date and time of the elements reviewed. ● The manager will interview all relevant personnel to further determine possible causes for the discrepancy and gather additional details concerning its cause. ● If any of the following are found, Roeding Leaf Inc personnel will notify the Bureau and law enforcement within 24 hours: A significant discrepancy in inventory, evidence of diversion, theft, loss, or any criminal activity pertaining to operations. When any of these actions are detected, Roeding Leaf Inc personnel will fill-out and submit the Incident Log and Post-Incident Report to the Bureau as soon as possible. ● Roeding Leaf Inc personnel will document any corrective action(s). POLICY NAME: PACKAGING POLICY APPLICABLE LAW: Pursuant to the California Code of Regulations §5303 and §5412-5413. Roeding Leaf Inc management and staff will adhere to both local and state laws and regulations as it relates to packaging in the City of Fresno. POLICY OBJECTIVE: To ensure packaging is compliant throughout the entire life-cycle of the cannabis and/or cannabis product. STANDARD OPERATING PROCEDURE: Packaging Practices: Dispensary Operations Packaging Practices: Dispensary Operations Page 52 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Any edible cannabis or edible cannabis products sold on-site shall be labeled and placed in tamper-evident packaging which meets the requirements of the Bureau of Cannabis Control (BCC) as may be amended from time-to-time or superseded or replaced by subsequent State legislation or by any department or division of Fresno. ● All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a commercial cannabis manufacturer. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package. ● A warning that the item is a medication and not a food will be clearly legible on the front of the package and/or must comply with state packing requirements. ● The package will have a label warning that the product is to be kept away from children. The label will also state that the product contains cannabis and must specify the date of manufacture. ● Any edible cannabis product that is made to resemble a typical food product must be in a properly labeled opaque (non-see-through) package before it leaves the commercial cannabis manufacturing business. New and First-Time Cannabis Users (Additional Packaging) Each package of medical cannabis sold will include a patient educational-safety insert. The insert will advise patients and customers on the following: ● Method or methods of administering individual doses of medical cannabis; ● Any potential dangers stemming from the use of medical cannabis; ● How to recognize what may be problematic usage of medical cannabis and how to obtain treatment for problematic usage; ● The side effects and contraindications associated with medical cannabis, if any, which may cause harm to the patient; and ● How to prevent or deter the misuse of medical cannabis by children. It is a primary goal of Banyan Tree to ensure that all patients, caregivers and customers are fully informed about their medicine and cannabis. Roeding Leaf Inc BudTenders will welcome any question or potential concerns they have about information contained on labels and inserts, including how to access company information in languages other than English. Roeding Leaf, Inc will contract with a translation service and use translation software to create safety inserts for Page 53 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail patients in multiple languages. Providing multilingual services to all customers will ensure that Banyan Tree operates with a spirit of inclusiveness and patient-focused care. POLICY NAME: PERMIT DISPLAY POLICY APPLICABLE LAW: Pursuant to the California Code of Regulations §5039 and the City of Fresno Municipal Code, Roeding Leaf Inc management will comply with both local and state regulations pertaining to the display of permits and department licenses. POLICY OBJECTIVE: To ensure that all local and state permits and licenses are properly displayed at the facility, in a manner requested by both licensing authorities. STANDARD OPERATING PROCEDURE: Permit Display Permit Display The original copy of any Cannabis Business Permit issued by the City pursuant to the City of Fresno Cannabis Ordinance, will be posted adjacent to the Lobby Entrance located at the Facility. Roeding Leaf Inc understands that Permits will be required to renew every 12 months with both the City of Fresno and State of California. Filings will be placed at least 60 days before the existing Permit expires. All applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate will be obtained by Roeding Leaf Inc prior to any operations commencing. POLICY NAME: RIGHT OF ACCESS APPLICABLE LAW: Pursuant to the California Code of Regulations §5800 (c-e) and Roeding Leaf, Inc Internal Policies. Roeding Leaf Inc officers, management and staff will adhere to both local and state laws and regulations as it relates to right of access in the City of Fresno. POLICY OBJECTIVE: To provide transparency to the City of Fresno as it relates to Roeding Leaf, Inc granting full access to the premises and records at the facility. SOP PROCEDURE: Right of Access Page 54 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Right of Access Roeding Leaf, Inc understands that the company is required to allow City officials, employees, and their designees full access to the premises and records as per the Fresno Municipal Code. POLICY NAME: SALES LIMITS APPLICABLE LAW: Pursuant to the California Code of Regulations §5409 Roeding Leaf Inc retail staff will adhere to both local and state laws and regulations as it relates to the daily sales limits in the City of Fresno. POLICY OBJECTIVE: To ensure that the Roeding Leaf retail staff are providing patients, primary caregivers and customers with the correct amount of cannabis or cannabis goods in compliance with local and state laws and regulations. STANDARD OPERATING PROCEDURE: Sales Limits Sales Limits Banyan Tree will not: 1.) Sell more than 28.5 grams of non-concentrated Cannabis in a single day to a single customer. 2.) Sell more than 8 grams of Cannabis Concentrate, including Cannabis Concentrate contained in Cannabis Products, in a single day to a single customer. 3.) Sell more than 6 immature Cannabis plants in a single day to a single customer. 4.) Sell edible Cannabis Products containing more than 10 milligrams of THC per serving. 5.) Sell edible Cannabis Products containing more than 100 milligrams of THC per package. 6.) Sell Cannabis Products that is in the shape of a human being, either realistic or caricature, animal, insect, or fruit. 7.) Sell Cannabis-infused beverages or powder, gel, or other concentrate with instruction for the preparation of Cannabis-infused Beverages. 8.) Sell more than 8 ounces of non-concentrated Cannabis in a single day to a single medicinal cannabis patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of the patient. Page 55 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 9.) Sell no more than 12 immature cannabis plants in a single day to a single medicinal cannabis patient, or to a patient’s primary caregiver purchasing medicinal cannabis on behalf of the patient. 10.) Provide free Cannabis or Cannabis Products to any Person. POLICY NAME: SIGNAGE POLICIES APPLICABLE LAW: Pursuant to the California Code of Regulations §5040 (b); Business and Professions Code §5200 and the City of Fresno Municipal Code, the Roeding Leaf facility will adhere to both local and state laws and regulations as it relates to signage in the City of Fresno. POLICY OBJECTIVE: To inform visitors, contractors, patients, primary caregivers, customers and staff of Roeding Leaf Inc protocols both inside the facility, and the area surrounding the facility. STANDARD OPERATING PROCEDURES: Signage Policies SIGNAGE POLICIES Once approved by the City of Fresno, Banyan Tree will install facility signage, such as the main building sign, in a manner that clearly establishes it is a dispensary, but is not overly obtrusive, obstructive, or offensive in nature. The following signage will be displayed prominently within the business in measurements of not less than 8 x 10 inches in a minimum of 24-point font, stating: 1. “The sale or diversion of cannabis or cannabis products without a license issued by the City of Fresno is a violation of State law and the Fresno Municipal Code.” 2. “Smoking, ingesting or consuming marijuana on the premises or in the vicinity of the dispensary is prohibited.” 3. “No one under the age of twenty-one will be allowed on the premises.” 4. “The hours of operation for an authorized dispensary will be limited to between nine a.m. (9am) to nine p.m. (9pm).” 5. “Secondary sale, barter, or distribution of cannabis or cannabis products purchased from Roeding Leaf, Inc is a crime and can lead to arrest.” Page 56 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 6. “Patrons must immediately leave the premises and not consume cannabis or cannabis products until at home or in an equivalent private location. Staff will monitor the location and vicinity to ensure compliance.” 7. “These premises are continually monitored by CCTV cameras.” 8. “Loitering is strictly prohibited.” This signage is designed to ensure that customers are managed and aware that ingesting or smoking any cannabis products in the immediate vicinity of the building is not allowed, thus limiting the impacts on surrounding businesses, and their concerns. POLICY NAME: STORAGE AND HANDLING POLICY APPLICABLE LAW: Pursuant to the California Code of Regulations §5033,§5044(c)(2), §5301. Management and staff will adhere to both local and state laws and regulations as it relates to storage and handling in the City of Fresno. POLICY OBJECTIVE: To ensure cannabis and cannabis products are safe and secured in order to protect against deterioration, contamination and product diversion. STANDARD OPERATING PROCEDURE: Storage Procedures - Storage and Handling - Withholding Materials from Use Immediately after inventory has been accepted and properly identified and documented within the Flow Hub POS and Statewide Track and Trace System, products are transferred to the limited access inventory storage room. Inventory Storage Room ● Banyan Tree will keep all cannabis products in a designated inventory storage room that is segregated from all other storage areas, employee break rooms, changing facilities, and bathrooms. ● The video surveillance system will at all times be able to effectively and clearly record all activity in the storage/vault room. ● The inventory storage room will be built inside a vault. It is equipped with temperature and humidity controls designed to preserve the quality and longevity of the inventory stored within. Page 57 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● The temperature inside will be maintained between 68 and 70 degrees F with a low relative humidity. It will contain refrigeration equipment to ensure that cannabis goods that require refrigeration are stored within a darkened area, at no more than 60% humidity, and with temperatures maintained between 35 to 42 degrees F. ● It does not have windows and will be kept dark (except when inserting/removing inventory) to protect inventory from exposure to direct sunlight. It will remain dry, well ventilated and have temperature-control features to avoid extreme temperature fluctuations and appropriate odor-control features. ● Transfers to/from the designated inventory storage room will be supervised by 2 employees and documented in the inventory tracking systems. Employees will organize and store inventory by individual batch or lot to prevent mix-ups or potential cross- contamination of the stored inventory. Separate or defined storage areas will be designated for the following: ● Quarantined materials ● Cannabis products held for disposal. All areas where cannabis, cannabis products, and devices are stored will be maintained in a clean and orderly condition and kept free of pests, smoke, and dust. POLICY NAME: TRACK AND TRACE APPLICABLE LAW: Pursuant to the California Code of Regulations § 5048-5051; Business and Professions Code Section 26013, 26067, 26070, 26160 and 26161. POLICY OBJECTIVE: To ensure that any cannabis handled, managed or sold by Banyan Tree is tracked and traced at every point of the inventory management process. STANDARD OPERATING PROCEDURE: Track and Trace Operations - Service Provider - Track and Trace Systems Procedures - Track and Trace Data - Destruction and Disposal of Cannabis - Loss of Connectivity - System Reconciliation Page 58 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Roeding Leaf will utilize Flow Hub as its primary point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale, etc. Track and Trace Procedures • Roeding Leaf will have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale, etc. • All transactions will be entered into the track and trace system by close of business, on the day the transaction occurred. • Banyan Tree will only enter and record complete and accurate information into the track and trace system, and will correct any known errors entered into the track and trace system immediately upon discovery. • Roeding Leaf will record in the track and trace system, all commercial cannabis activity, including any: 1. Receipt of cannabis goods. 2. Sale of cannabis goods. 3. Destruction and disposal of cannabis goods. 4. Return of cannabis goods. • The following information will be recorded for each activity entered in the track and trace system: 1. Name and type of the cannabis goods. 2. Unique identifier of the cannabis goods. 3. Amount of the cannabis goods, by weight or count. 4. Date and time of the activity or transaction. 5. Name and license number of other licensees involved in the activity or transaction. 6. Cannabis goods will be transported pursuant to a shipping manifest generated through the track and trace system as well as: a) The name, license number, and premises address of the originating licensee. Page 59 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail b) The name, license number, and premises address of the licensee transporting the cannabis goods. c) The name, licensee number, and premises address of the destination licensee receiving the cannabis goods into inventory or storage. d) The date and time of departure from the licensed premises and approximate date and time departure from each subsequent licensed premises, if any. e) Arrival date and estimated time of arrival at each licensed premises. f) Driver’s license number of the personnel transporting the cannabis goods, and the make, model, and license plate number of the vehicle used for transport. Destruction and Disposal of Cannabis ● If cannabis goods are being destroyed or disposed of, Banyan Tree will record in the track and trace system the following additional information: 1. The name of the employee performing the destruction or disposal. 2. The reason for destruction or disposal. 3. The name of the entity being used to collect and process cannabis waste ● Description for any adjustments made in the track and trace system including, but not limited to: 1. Spoilage or fouling of the cannabis goods. 2. Any event resulting in exposure or compromise of the cannabis goods. 3. Any other information as required by any other applicable licensing authorities. Loss of Access ● If at any point Banyan Tree loses access to the track and trace system for any reason, Roeding Leaf will prepare and maintain comprehensive records detailing all commercial cannabis activities that were conducted during the loss of access. ● The licensee will both document and notify licensing authorities immediately: 1. When access to the system is lost; 2. When it is restored; and 3. The cause for the loss of access. ● Roeding Leaf Inc will submit the Notification and Request Form, BCCLIC-027, when connectivity is lost. Page 60 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail ● Once access is restored, all commercial cannabis activity that occurred during the loss of access will be entered into the track and trace system within three (3) business days of access being restored. ● Banyan Tree will not transport, transfer or deliver any cannabis goods until such time as access is restored and all information recorded in the track and trace system. System Reconciliation Banyan Tree will reconcile the physical inventory of cannabis goods at the licensed premises with the records in the track and trace database at least once every 14 days. If Banyan Tree finds a discrepancy between its physical inventory and the track and trace system database, Banyan Tree will conduct an audit. Page 74 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail COMMUNITY BENEFITS AND INVESTMENTS PLAN 7.0 7.1 Social Responsibility Plan Our neighbors depend on us, just as we depend on them, so we are committed to improving the quality of life in the communities in which we work. At Roeding Leaf Inc., this goes beyond providing jobs and paying taxes; it means supporting those in need with time, talent, and financial resources. Local team and Local Impact The Roeding Leaf Inc. management team is comprised of locals who live and work in Fresno. In preparation for the cannabis licensing application we discussed what our community benefit plan will would look like and realized that if we wanted to really make a difference, we should start helping the community immeditaely and not wait until we secure the license to operate. So, we got to work back in 2019. We got to meet and know some of the neighbors in our district and near our proposed site and got their opinion on the needs and make-up of the neighborhood. We were overwhelmed with the number of homeless families in the neighborhood and their need for support. In 2019 we planned, organized, and facilitated two community events surrounding the Roeding neighborhood. In August of 2019 we held a back-to-school event where we gave out over 200 backpacks and school supplies, provided 25 free haircuts, passed out over 300 hot dogs and beverages, provided two bounce houses, and had a DJ to create a festive ambiance. The neighboring community came out and supported the event as well as thanked us for supporting them. Page 75 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Page 76 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail After putting on the Back-to-School event and seeing the welcomed response and the immediate acute need of the neighbors surrounding our proposed retail site we immediately decided we needed to do something else. Since the winter season was approaching, we decided to create an event to help or serve the homeless and homeless families, our neighbors, for Christmas. 7.1.1 Funding and Outreach Services On December 14, 2019 we held a Holiday outreach event focusing on the homeless and homeless children in the Roeding Park – Motel Row area. At By the end of the 6-hour community outreach event we gave away a total of 300 blankets, 500 pairs of socks, 500 hygiene kits, and 150 toys. This event was very well received and a huge success for the homeless community in the Roeding Park neighborhood. 1 1 We did have events scheduled for 2020 but because of Covid-19 we had to postpone them until 2021 Page 77 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail After holding both community events it was confirmed in our hearts that supporting the homeless was going to be a priority for us moving forward. We value our position as citizens of Fresno and the responsibility of supporting our community. Giving Back Creating shared value is at the heart of Giving Back. To create a shared community value, we focus our efforts on understanding the needs of our communities and embracing them by supporting the following initiatives: • Ending the Cycle of Homelessness • “The Truth About Drugs” Youth Drug Prevention Program • Support Council District and City Initiatives • Healthy Community - Volunteer Program By focusing on the needs of our community, we will understand the people represented in our community, help to improve our local economy, keep our community unique, provide better customer service, and offer a more personal experience for our customers, patients and the community. SOCIAL BENEFIT STAFF Giving back is also a great way to get to know your community and its citizens. We will staff a Director of Community Outreach and a Homeless Outreach Coordinator position that will have the opportunity and responsibility to meet and understand the ongoing needs of our neighbors and customers. They will work to improve our neighborhood and community impact, allow us to better understand the needs of the members, our neighborhood, and our community at large. Page 78 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Having a broad, open-minded perspective of the different walks of life around you us will help us to be an effective and empathetic business and citizens. To ensure that we meet the mission of ending the cycle of homelessness by supporting housing, compassionate support, and opportunities for self-sufficiency through outreach events and activities we have partnered with Desiree Martinez, Activist, organizer, and advocate for the homeless in Fresno and offered her the position of Homeless Outreach Coordinator. She is also the founder of the non-profit organization, We Are Not Invisible dba Homeless in Fresno. Because of her current activism, passion for the homeless, respect she has received from city and government officials, and programs she has already started we feel there is not anyone better connected to the needs of the homeless community in Fresno to join our team and help us strategically direct our efforts when helping our homeless community. OUR COMMUNITY VALUES Ending the Cycle of Homelessness The National Law Center on Homelessness and Poverty currently estimates that more than 3.5 million people in America (some 2 million of them children), were are likely to experience homelessness each year. While difficult to measure, the increase in the demand for shelter beds each year is a strong indicator that homelessness is on the rise, and not only in America. According to the United Nations, there are at least 100 million homeless in the world today. Since Roeding Leaf Inc., is comprised of local Fresno residents we have seen first-hand the rise in homelessness in our City. Now with the State making it hard for law enforcement and local City government to enforce the law, the number of homeless encampments has increased throughout the City. Roeding Leaf Inc., has partnered with local Homeless Support Group “We Are Not Invisible” to focus our efforts on providing for many different outreach programs in the community. 7.1.2 Incorporating environmentally sustainable business model /energy efficient building and vehicles Roeding Leaf, Inc. will work with our landlord to maintain energy efficiency in their building and will use energy efficient vehicles for our delivery services. 7.1.3 Utilizing vacant buildings, brownfields land or blighted areas. In our search for a property that complies with the setbacks set forth by the City of Fresno, we are also looking to lease a property that will invigorate an area in the city that needs the economy boost as well as revitalization. Page 79 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 7.2 Public Health Outreach Monthly Health Screenings – We have partnered with Clinica Sierra Vista and other local mobile health screening labs to provide the following to the homeless community at each monthly health screening event:  Hot Showers  Health Screenings (Blood Pressure, Vision, Hearing, Dental, Mammograms, Covid-19, etc.)  Project Dignity for Women (Female Hygiene Supplies)  Haircuts & Face Shaving  Informational booths and other organizations that provide supportive services to the Homeless community. Our goal is to provide monthly screenings once per month in each Council District to ensure that we serve all homeless communities throughout the City of Fresno. Potluck in The Park – We have already started and will continue to support the “Potluck in The Park” for the Homeless at Eaton Plaza in Downtown Fresno on the 3rd Saturday of each month. By providing our continued support we will help to guarantee each person that attends gets a hot nutritious meal and a smile. Our goal is to help the program create partnerships that will lead towards program growth, sustainability, and successful outcomes. Toys & Joys 4 Girls and Boys – This much needed holiday outreach campaign collects toys for the homeless children in Fresno. While the homeless numbers are increasing, we are also seeing the number of homeless families and children also increase. That is why Roeding Leaf Inc. is supporting and will continue to support this campaign once licensed. We will provide toys, assist with toy collection process, help distribute toys, and provide the necessary resources and supplies to ensure each homeless child in Fresno gets a toy each year. Project Share the Warmth, Project Share the H2O, Project Street Clean – These seasonal projects provide blankets and sock in the winter and water in the summer to the homeless community in Fresno. Project Street Clean gives each homeless person a bag of groceries for each bag of trash collected and turned in from the identified areas in our community. Roeding Leaf Inc. will provide financial and volunteer assistance to support each program to ensure that each activity has the appropriate number of supplies needed to serve each homeless person needing help in our City. The Truth About Drugs (Youth Drug Prevention Initiative) Young people today are exposed earlier than ever to illegal drugs. Based on a survey by the Center for Disease Control in 2007, 45% of high school students nationwide drank alcohol and 19.7% smoked pot cannabis before it Page 80 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail was legal for them to do so. Recent studies among 13 – 16yr olds suggest that use of marijuana cannabis varies between 10% - 40%. Roeding Leaf Inc. and its management team understands that:  Drug awareness activities teach kids the dangers of getting involved in drugs and other dangerous behaviors.  Starting drug awareness activities at an early age establishes a healthy attitude toward anti-drug campaigns.  Kids learn both the reasons to avoid drugs and the tools to resist peer pressure. These tools serve kids well as they get older and face more pressures. After completing a long research and information gathering process we identified, met with, and have formed a partnership with CenCal Impact Mentoring, one of the largest school-based mentoring programs that works directly with over 1700 at-risk youth for over 10 years in Fresno County. In 2019, CenCal received the only designation as service provider in Fresno County to teach and disseminate all materials and curriculum for the internationally acclaimed “The Truth about Drugs” Youth Drug Prevention Initiative. “The Truth About Drugs” is the World’s largest nongovernmental drug education prevention initiative. The program revolves around easy-to-use, effective drug education publications and award-winning audiovisual presentations. Their approach and materials have been nationally and internationally recognized as one of the most effective tools against drugs. Their approach is simple:  Capture the attention of young people.  Hold their interest and encourage their involvement.  Leave them informed so they can make their own decision to stay away from the peer pressure. We believe that it is drug education programs like “The Truth About Drugs” that get results. Roeding Leaf Inc. understands that drug prevention programs have proven to be effective, but families and influential adults continue to play the most important role in determining how youth handle the lure of alcohol, cigarettes, misuse of prescription drugs, and illegal drugs. Our leadership team decided not to just put money towards this issue but to also get our staff involved as well. Roeding Leaf Inc. and CenCal Impact Mentoring have partnered to increase the number of “The Truth About Drugs” drug prevention workshops facilitated each schoolyear by Page 81 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail CenCal as well as increase the number of youths in our community having a chance to experiencing this great drug prevention program, its materials, and tools. With our partnership we will be able to increase the number of “The Truth About Drugs” workshops from 8 to over 20 each school year. The number of students grades 7-12 will go from approximately 900 students to well over 2000 each school year. CenCal on campus workshops will be held on the campuses and with the selected students from Fresno, Central, Kerman, and Clovis Unified as well as in Fresno County Court Schools. The selected Roeding Leaf Inc. staff will receive training on how to teach and use “The Truth About Drugs” curriculum and its supporting materials. After the Roeding Leaf Inc. staff successfully completes training they will be scheduled to accompany the CenCal Impact Mentoring staff when they instruct middle and high school drug prevention workshops in their contracted school districts (Fresno, Central, Kerman, and Clovis Unified, Fresno County Court Schools). During the planning process CenCal representatives shared that most schools want and need some type of drug prevention program. But because of costs they can not afford to provide the instruction or contract it out, leaving students without any or minimal information on illegal or prescription drugs and their effects. We decided to completely fund this initiative so that it costs the schools nothing and the faculty, parents, and students can get the needed drug prevention information, resources, and tools. Red Ribbon Week Our goal is to be prepared to provide drug prevention literature and information to educators, students and/or their parents. To ensure that we educate students as early as possible we will partner with local elementary schools to support their Red Ribbon Week activities for students in grades 3-6. We are scheduled to start the “Truth About Drugs “ workshops at the start of the 21- 22 school year. Our commitment to ensuring the success of this partnership and program is of the greatest importance to Roeding Leaf Inc. Educating and making as many of the youth in Fresno County aware of the dangers of illegal drugs is our number one priority and is where our time and financial support will go. Support Council District and City Initiatives Ongoing Compliance The City of Fresno has been supporting organizations that serve the homeless for decades. Each initiative and ordinance is meant to serve, protect, and ensure that support is available to each homeless person to guide them to a place of self-sufficiency. Page 82 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Roeding Leaf Inc. and its staff will be dedicated to supporting all District and Citywide ordinances and initiatives that pertain to supporting the homeless, and curtailing youth drug use and addiction. Our Outreach Director will meet with our District Council representative quarterly so we can ensure that we are aligning our outreach efforts with the initiatives and efforts of our council member. The Director will also have the responsibility of following all Citywide discussions and decisions involving the homeless and youth drug prevention so we can stay informed and can plan our citywide outreach activities more effectively. Healthy Community - Volunteer Program We understand that donating your time to support those around you is extremely beneficial, both for you and your community. It is statistically proven that people who volunteer regularly are healthier both physically and mentally. Individuals who have volunteered throughout their lifetime typically live longer and have better psychological well-being. In addition to the health benefits, volunteering gives people a sense of purpose. The fulfilling feeling of giving back and contributing to society is unparalleled. Roeding Leaf Inc. stands by our commitment to serve our community by implementing an internal volunteerism program that will serve the organizations, businesses, activities and events, communities, and residents in the City of Fresno. Our Internal Emphasis Each employee will be encouraged to complete 20 hrs. a quarter or 80 hrs. per year of volunteer services, up to 40 of which will be compensated per our benefits policy. The volunteer hours will only be accepted if they are used to serve:  Local non-profit organizations or events,  Community health and education events  District and Citywide outreach event or activities  Roeding Leaf Inc. community outreach events We will record and document all volunteer hours, the event or activity, and/or the organization for each employee. Staff who records the required hours and demonstrates outstanding community volunteerism will be recognized both quarterly and annually. We believe that nothing gets done by one person alone, which means we must band together to make the changes we want to see in our city and the world. Volunteering your time, skills, and resources is one of the most powerful ways to make a difference, to help others, and as it turns out, to make our community a healthy place for all. 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 assumed 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 I.)... day of /1.Jc.i..rem be1 2020 . City Employee Signature AJ()l/4 4.t~-ltllu /coed,11 leP(f-/,1 c . Print Name and Company Name , Print Name Title Te lephone Number Telephone Number Page 1 of 12 207 East Sierra Avenue, Unit ‘B’ Fresno, CA 93710 Description of the Proposed Location 6.1, 6.2, 6.3 and 6.3.1 207 East Sierra Avenue Parcel Page 2 of 12 The Parcel 207 E Sierra Avenue is a 84 ft X 610 ft commercial lot directly facing the west side of State Highway 41 on the south side of Sierra Avenue. It has 2 buildings. Unit ‘A’ is the first building you encounter as you enter the lot. It houses the owner’s successful retail business serving the needs of hydroponic farmers and gardeners. We will occupy the second building (Unit ‘B’) consisting of a 3,000 sq/ft, 14 ft tall metal warehouse with 4 roll-up shop doors. This warehouse building will be fully-remodeled and converted for retail use. The lot contains 4 shipping containers that are used by the owner for storage. The remainder of the 51,240 sq/ft parcel is vacant as it extends to the south and will provide ample room for off- street parking. Street View (Unit ’B’ is the building in the back) Page 3 of 12 Street View (Close-up of Unit ‘B’) Front View Rear View Compatible Occupancy 1. The proposed site is within an area approved for a retail cannabis business occupancy. 2. We have zero sensitive uses within the 800 ft sensitive use buffer zones. 3. The proposed site is a strong fit with the surrounding businesses and land uses. 4. The site will have full off-street parking for all vehicles used by Banyan Tree employees and customers, including handicapped parking stalls and bicycle stands for customers who prefer this type of transportation. Page 4 of 12 5. The approach streets are sufficient to accommodate the expected increase in vehicle traffic. The Neighborhood This location has very few neighbors: o Directly to the NORTH, is a frontage road. Across East Sierra Avenue and a bit west is a used automobile sales business: Street View NORTH Looking North Page 5 of 12 o To the WEST there are multiple automobile sales and service businesses. Behind the auto thrift store is a 2-story apartment complex that has no direct access to our proposed cannabis retail business: Street View WEST Looking West Page 6 of 12 o To the SOUTH is an open space that is adjacent to the residential apartment complex that that has no direct access to our proposed cannabis retail business: Street View SOUTH (Entrance to Proposed Location) Looking South Page 7 of 12 o To the EAST are all 6 lanes of Highway 41 passing beneath Sierra Avenue: Street View EAST Looking East Page 8 of 12 General Plan Consistency The proposed site meets the following policies and goals identified in the Economic Development and Financial Sustainability section of the City’s General Plan: ED1 Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. ED1d Strategic Land Regulation. Explore increasing the amount of land properly zoned, consistent with the General Plan, and ready to be expeditiously developed, redeveloped, and/or revitalized for economic development and job creation purposes. Establish a priority infill development program for sites and districts. The project and the applicant team support the City’s identified long range goals of focusing on small and local businesses, as well as those that are owned by historically underrepresented groups, including women and people of color. The proposed location reinforces the City’s focus on infill and revitalization by supporting and incentivizing investment in parts of the city that have experienced significant decline and neglect over the last 50 years. As the City’s studies have shown, data regarding Fresno’s residents all point to the trend of young, creative professionals and “empty nest” professionals (the fastest growing segments of the population with discretionary income), desiring walkable, mixed-use urban neighborhoods. The area proposed for Banyan Tree’s project received the fewest applications for cannabis retail, suggesting that eligible sites are difficulty to identify and potentially undesirable. Ideally, the City would support a development pattern that distributes cannabis retail equitably across all districts. Impacts to neighboring residents and businesses will be minimal. Since the Banyan Tree dispensary will co-locate with an existing hydroponic store, it is likely that there will be customer overlap between the two facilities. Potential impacts from traffic will, thus, be mitigated. Additionally, the increased security required at the Banyan Tree facility will help eliminate the potential for loitering, littering, or other undesired behaviors in the vicinity. Finally, Banyan Tree’s Good Neighbor Policy will significantly improve the cohesion of the surrounding businesses, allowing for development of an wholistic approach to nuisances and neighborhood character. Potential Neighborhood Concerns  There will be no practical way for neighbors to even know that there is a retail cannabis business operating in their neighborhood unless they seek to locate its existence. o As required by existing ordinances, each cannabis retail business: - … shall be within a fully enclosed building and cannabis shall not be visible from the public right of way; Page 9 of 12 - … shall be constructed in a manner that prevents odors from being detectable from outside the business; and - …shall not be identifiable as a cannabis retail business through signage that contains any logos or other information that advertises or lists the services or the products offered. o In short, nothing that occurs in, on or around the premises will identify this location as a retail cannabis business.  We will take extraordinary measures to avoid becoming a nuisance to any neighbor. o Consumption of cannabis products in, on or around the premises will be strictly prohibited as a condition of membership. Those who fail to comply will be forever prohibited from returning to our business. o Loitering on or around the premises will be strictly prohibited as a condition of membership. Those who fail to comply will be forever prohibited from returning to our business. o SHOULD THERE BE ANY OBJECTION OR COMPLAINT BY ANY NEIGHBOR, our standard operating procedures will provide a detailed response to rapidly deal with any perceived nuisance: - Neighbors will be provided 24-hour access to a telephone number that will ensure a timely response to any concerns such as customers consuming our products off-site in a manner that creates a nuisance; - Our “Nuisance Report Form” will document the information derived from the complaining neighbor, and a prompt reply will advise the complaining neighbor of our response and any actions taken to remedy the concern; - Security personnel will ensure that no customer exiting our business will open the sealed product container while on the premises; - Security personnel will ensure that no customer exiting our business will consume cannabis while on the premises; - Regular staff patrols will seek to identify any customer who attempts to consume our products within the immediate neighborhood upon leaving the business; and - Upon the confirmation of any violation of our strict membership rules, the non-compliant member will forever be prohibited from returning to our business.  We will create and maintain a CUSTOMER EXCLUSION LIST consisting of customers who have violated our membership rules and who are banned from returning to our business.  We recognize that there may be specific circumstances where neighboring residents and/or businesses have family members or employees whom they perceive as being at risk of abusing cannabis products. o Upon the receipt of reasonable documentation, neighboring residents who have concerns that the operation of our retail cannabis business may become an Page 10 of 12 unwanted attractant to their dependent adult family members will be allowed to place such family members on our Customer Exclusion List. o Upon the receipt of reasonable documentation, neighboring businesses who have concerns that the operation of our retail cannabis business may become an unwanted attractant to their employees will be allowed to place such employees on our Customer Exclusion List. Page 69 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail NEIGHBORHOOD COMPATIBILITY PLAN 3.0 3.1 Cannabis Nuisance Documentation The below cannabis nuisance report shall be provided to individuals who have observed cannabis nuisances outside the building and wish to file a complaint. The observer must provide the details for the upper portion of this form and submit to Banyan Tree staff at time of detection. Cannabis Nuisance Report Name of complainant: Complainant‘s phone number: Date and time of observation: Description of nuisance : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Administrative Use Date and time complaint were received: Description of the activities occurring on site when the complainant detected the nuisance: Actions implemented in order to address the complaint: Page 70 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 3.2 Management to avoid becoming a nuisance Banyan Tree dispensary prohibits any onsite consumption. Security is responsible for making sure no customer is consuming cannabis on the premises. All cannabis products stored, sold, and displayed are sealed. In order to control possible odor nuisances, odor control devices and equipment will be installed in our facility. Banyan Tree will utilize an odor-absorbing system to ensure that cannabis odors generated inside the property are detectable within any other unit within the building or outside the property in any way. This includes on adjacent properties and public right of ways. The General manager will supervise the installment and maintenance of an air-treatment system to ensure that no offsite odor of cannabis occurs. Outside security and any other staff members should immediately report odor problems to the General Manager or Assistant Manager, who will implement upgrades to the system, the facility, or the internal-handling processes to further deter odors. If such upgrades require the approval from The City of Fresno, the General Manager will gain such approval before implementing the new system. The facility will use negative ion generators and carbon to prevent smell. These will be placed in the storage room, in the dispensary room, and the reception. Page 71 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail 3.3 Odor Mitigation Practices Under California Occupational Health and Safety Act (“CalOSHA”) and Bay Area Air Quality Management District (“BAAQMD”) regulations, cannabis businesses do not have a specific set of regulations that govern their operations. However, Banyan Tree will nonetheless maintain a high standard for the air quality plans for all aspects of its proposed Cannabis Retail Facility. Generally, the Applicantwill meet and/or exceed the standards set by the City of Fresno Cannabis Ordinance Fresno municipal code 9-3303(i), California Labor Code §§6300 et seq., and Title 8, California Code of Regulations §§ 332.2, 332.3, 336, 3203, 3362, 5141 through 5143, 5155, and 14301, as published in the CalOSHA Policy and Procedures Manual C‐48, Indoor Air Quality as applicable to other facilities. Pursuant to State of California (“State”) regulations [California Energy Code, Section 120.1(b)2], mechanical fresh air ventilation must meet a minimum of 0.15 cubic feet per minute (“CFM”) per square foot of conditioned floor air. Since existing State air quality regulations do not contain provisions specific to cannabis businesses, the Applicant will comply with these general State standards when designing the ventilation systems and air filtrations systems for the entire Facility. 3.4 Potential Sources of Odor Inventory and trucks hauling waste and delivering inventory. 3.5 Odor control devices and techniques Pursuant to Fresno municipal code 9-3303(i), the best available odor control technology and devices shall be incorporated in our facility to ensure that odors from cannabis are not detectable off-site. A sufficient odor absorbing ventilation and exhaust system shall be provided so that odor generated inside the premises that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis retail business or commercial cannabis business. An air system that creates negative air pressure between the premises' interior and exterior, so that the odors generated inside the premises are not detectable outside the premises. 3.6 Proposed staff odor training and system maintenance Implementing and maintaining building systems to effectively minimize transmission of odor between building and surrounding areas. Page 72 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail  Business Owner/Operator shall supervise installment and maintenance of an air treatment system to ensure there is no off‐site odor of cannabis overly detectable from adjacent properties or the community. Air treatment systems consist of carbon filtration on the exhaust side of the ventilation system and negatively pressurizing the facility in relation to the exterior ambient condition.  Staff members should immediately report any odor problems to the BO/O, who will take corrective action, implement upgrades to the system, upgrades to the facility or to the internal handling process of product within the facility to further deter odors.  If such upgrades require the approval of any Agency Having Jurisdiction (AHJ), the Business Owner/Operator shall seek and gain such approval prior to implementing new systems and/or procedures. The importance of cannabis odor mitigation is very well understood, and we shall make decisions that best to prevent the issue of odor to the surrounding areas. If odors are detected outside the facility this plan shall serve as a guideline to provide corrective action. The manager/supervisor of the Facility shall assess odors on a daily basis and all employees shall be trained on how to detect, prevent and remediate odor outside our facility and all corrective options outlined herein. 3.7 Waste management plan Per our destruction procedure, we quarantine all recalled and returned product in locked bins(s) in our Vault Room clearly labeled "secured waste receptacle" and "NOT FOR SALE". Destruction of Cannabis Products We have designed our facility to include a locked bin(s) quarantine space in our highly secured Vault Room. We will comply with proper destruction procedures outlined by the Bureau in CCR Code 5054 and 5055. Cannabis Waste Management No cannabis goods shall be disposed of as cannabis waste unless the cannabis goods have been removed from their packaging and rendered unrecognizable and unusable. We will NOT sell cannabis waste, under any circumstance. To make all products unrecognizable, unusable and not for resale we will remove cannabis from packaging, weigh the product (per local and state records) and mix the cannabis product with sand or kitty litter. Our facility will comply with all applicable waste management laws. As mentioned above we will dispose of cannabis waste in a secured waste receptacle or in a secured area on our premises. Page 73 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Once product is rendered unrecognizable and unusable and placed in our quarantine bin(s) we will call a local agency, or waste hauler permitted by a local agency, to collect and process our cannabis waste. We will provide the City with the following information: Name of local agency providing waste hauling services; Company name of the local agency franchised or contracted or permitted waste hauler; Company business address; and name of the primary contact person at the company and contact person's phone number. Once the hauler arrives our facility manager will maintain destruction documentation by recording the date and time of each collection of cannabis waste at our licensed premise, obtain a copy of the certified weight ticket or other documentation prepared by the entity hauling the waste confirming receipt of the cannabis waste at one, or more, of the following solid waste facilities: • A manned, fully permitted solid waste landfill or transformation facility; • A manned, fully permitted composting facility or manned composting operation; • A manned, fully permitted in-vessel digestion facility or manned in-vessel digestion operation; • A manned, fully permitted transfer/processing facility or manned transfer/processing operation; or • A manned, fully permitted chip and grind operation. OWNERSHIP ACKNOWLEDGEMENT FORM FOR COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION It is the intent of the City of Fresno to promote equitable ownership and employment opportunities in the cannabis industry to decrease the disparities in life outcomes for marginalized communities and to provide opportunities for local residents to compete for cannabis business permits. Therefore, this notice is to clarify the eligibility requirements in order to receive qualification as a Social Equity Applicant or points for Local Preference by establishing this acknowledgement to provide additional protections to mitigate against potential predatory practices. In order to qualify as a social equity applicant, or for the full points relating to the local preference criteria, the business entity must have ownership that meets the respective eligibility factors and hold at least 51% ownership interest. The social equity eligibility requirements are identified in FMC section 9-3316{b)(6), while the local preference criteria is identified in FMC 9- 3317{a) and the application evaluation criteria 2.5 {Appendix A). This majority interest can be made up of a single individual that meets this criteria, or any combination of individuals that hold at least 20% interest individually and meet the definition of an owner in FMC 9-33040). The cannabis social equity permits, and the local preference criteria are intended for the benefit of the Social Equity or Local Preference lndividuaJ Applicants related to business profits, proceeds of the sale of business assets, voting rights and additional protections. This also requires the Social Equity or Local Preference Owner to receive the Equity Share percent of the retained earnings and 100 percent of the unencumbered value of each share of stock, member interest or partnership interest owned in the event of the dissolution of the entity to their equity share, or 100 percent of the value of each of stock, member interest or partnership interest in the event that the stock, member interest or partnership interest is sold. Chief among the concepts of equity share, is unconditional ownership which means such individual{s) will receive equal profits, and distributions or other payments proportionate to their ownership interests. This is intended to ensure true ownership by the Social Equity or Local Preference Individual Applicant and as such, prohibits the divestment or relinquishment of any part of their ownership under any circumstance. In addition, the Equity Share is also expanded to address voting rights on fundamental decisions relating to the business and control of at least the equity share percent of the voting rights on all decisions involving · the operation of the business. Furthermore, it requires the Social Equity or Local Preference Individual owner be the highest officer position of the business or that another individual is appointed to that position by mutual agreement of the parties. This requirement is also subject to being audited to assess compliance and the Social Equity or Local Preference Owner can initiate legal action due to a breach of contract agreement, and the City may suspend and/or revoke a license if any provision in an operating agreement violates any of the Equity Share or Local Preference requirements. Lastly, all applicants will be required to incorporate an addendum into their operating agreements that makes any provision ineffective, unenforceable, null and void, if it is inconsistent with, or in violation of, the Equity Share requirements. As proposed, Social Equity Applicants or Local Preference Applicants will be required to verify under Section 9-3316{b)(6), 9-3317{a), and Criteria 2.5 of appendix A that they meet the definition of a Social Equity or Local Preference Owner at the time of applying for a permit or permit renewal. The City shall have the sole and absolute discretion to determine whether the Applicant qualifies as a Social Equity Applicant and the number of points for Local Preference. The undersigned acknowledges that he/she has read and fully understands the content of this Agreement and is the Applicant or his/her/its authorized signatory. Applican;Signate {,-e£,£-I, //4 Print Name Company Name /I /t, / lo2...o Date Si{ne; / v Title A Page 61 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Social Policy and Local Enterprise Plan 2.0 Roeding Leaf Inc’s ultimate goal is twofold. We intend to: 1) Prioritize the enhancement of our employees’ careers; and 2) Prioritize support for community efforts to improve our neighborhoods. These goals will always take precedent over the production of profits for our shareholders. (And our shareholders would have it no other way.) 2.1 Living Wage We are absolutely committed to providing our staff much more than just a “Living Wage.” The most recent available US Census Bureau data shows that the median household per capita annual income for Fresno County is $23,284. All employees will have a starting wage of /hour. Full-time staff will earn a minimum of per year. Management personnel will start with salaries ranging from $ per year. We fully anticipate the establishment and implementation of a generous productivity bonus plan for all staff members to be introduced in the second year of operation. 2.2 Employee Benefits We insist that our employees are provided benefits that will allow an exceptional quality of life. - Flexible Work Schedules: All hourly staff (including part-time employees) will be able to regularly alter their work schedules to meet the uncertain demands of life when not at work. All full-time staff will receive the following benefits: - Paid Vacation: Beginning full-time staff will accrue 5 days of paid vacation the first year, increasing to 10 days of paid vacation the second year and increasing by an additional day each year thereafter. - Paid Medical Leave: Beginning full-time staff will accrue 3 days of paid medical leave the first year, increasing to 5 days of paid medical leave the second year and increasing by an additional day each year thereafter. - Paid Personal Time Off: Beginning full-time staff will accrue 2 days of paid personal time off the first year, increasing to 4 days of paid personal time off the second year and increasing by an additional day each year thereafter. Page 62 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail - Paid Volunteer Time Off: All full-time staff members will be provided full compensation for their documented volunteer activities for a maximum of 10 hours per quarter (40 hour per year.) - Health Insurance Package: Roeding Leaf Inc. will contribute to a defined compensation plan (based upon the employee’s age) to cover the premium for a quality “upper mid-range” medical benefit plan that is readily available in the Fresno area. In addition, Roeding Leaf Inc. will allow employees to use pre-tax dollars to upgrade their plan and/or to provide dependent coverage for all medical, dental, vision and health savings account options. o Medical Our company employee benefits plan includes a broad menu of health plan choices from the following insurance carriers: Anthem, Health Net, Kaiser, Oscar, Sharp, Sutter Health Plus, United Health Care, and Western Health Advantage. Each employee will be provided with a menu of choices that best meets the needs of their families. The menu will include benefits from the Gold, Silver, and Bronze benefit level tiers. o Dental The dental plan is through Delta Dental and includes PPO coverage. o Vision The vision plan is through VSP. o Life Insurance $50,000 of life insurance is included through UNUM. These additional benefits are included with the UNUM policy:  Accidental Death and Dismemberment (AD&D) This coverage provides additional benefits to the employee or their beneficiary in the event of a fatal accident or an accident that results in the loss of eyesight, speech, hearing or a limb.  Work-Life Balance—Employee Assistance Program (EAP) Confidential assistance to you and your family members with finding solutions for the everyday challenges of work and home, as well as for more serious issues involving emotional and physical well-being.  Life Planning Financial and Legal Resources Page 63 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Available at no charge, these life planning services are available to the staff member’s spouse and beneficiaries if the employee becomes terminally ill or dies.  Worldwide Emergency Travel Assistance Whether traveling for business or pleasure anywhere in the world, help is available to the employee and their family in the event of a medical emergency. These worldwide emergency travel assistance services are provided by Assist America, Inc. o Long Term Disability Coverage includes a 60% benefit payable to the normal social security retirement age. o Retirement Plan Roeding Leaf Inc. provides a 401k retirement plan and will match 25% of all contributions up to 5% of employee pay. The employer match will increase to 50% after 3 years of employment. 2.3 Compensation and Opportunities for Continuing Education/Employee Training Bud Tenders, Receptionists and Drivers will begin as part-time employees. Experienced and ambitious staff will be provided the opportunity to cross-train in other positions and to advance to full-time status. Full-time staff will be given the opportunity to advance into management positions. - Paid Employee Training: New employees will participate in comprehensive onboarding sessions and will stay current with daily updates and weekly staff meetings. - Paid Continuing Education: Full-time staff will be provided opportunities to enhance their knowledge and skills within the retail cannabis industry through regular participation in off-site seminars and on-line courses. - Apprenticeship Program: As our primary community benefits activities will focus on the homeless, in the second year of operation we plan to implement a process where individuals struggling with homelessness will be recruited and specially trained in-house to become regular full-time staff members. 2.4 Recruiting Plan to Recruit and Employ Staff: - Roeding Leaf Inc. is fully committed to hiring and employing staff who qualify under Fresno Municipal Code Section 9-3316 (b) (1) at a level significantly higher than the required 1/3 of the total annual work hours. Page 64 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail - All outreach efforts and recruiting materials will specifically seek applicants who: 1) applicants who are unemployed; and/or 2) applicants who are from low-income families; and/or 3) applicants who are receiving public assistance; and/or 4) applicants who are long-term residents of low or moderate-income census tracts; and/or 5) applicants who are veterans of the US Armed Services; and/or 6) applicants who have been convicted for a cannabis-related crime; and/or 7) applicants who have been in the foster care system as a minor. - Hiring preference will always be given to applicants with the above attributes and who live within the City of Fresno. 2.5 A Local Enterprise Local Board of Directors: Roeding Leaf, Inc., consists of three founding members of the Board of Directors: - Miguel Vasquez, Corporate President: Born and raised in Fresno. Presently resides in Alameda due to career demands but is co-owner of an unaffiliated commercial business within the City of Fresno. Miguel’s extended family still calls Fresno home and he is in the process of moving back to Fresno in the summer of 2021. - William Broomfield, Corporate Treasurer: Has lived in Fresno for 16 years, and is the CEO of a nonprofit youth mentoring organization based in Fresno. - Steven Spriggs, Corporate Secretary: He moved his family here from Modesto in 2005 and is now retired after 11 years in management at Fresno State University. Local Ownership: Roeding Leaf, Inc., has only four shareholders: - Adolfo Castillo owns 32 shares. - Miguel Vasquez owns 10 shares. - William Broomfield owns 10 shares. - Steve & Cathy Spriggs own 10 shares. Local Investors: Board Secretary Steve Spriggs and his wife Cathy are local residents and are the sole trustees of the “Steven and Cathy Spriggs Living Trust.” To date, they have invested in Roeding Leaf Inc. and have provided an Asset Verification Letter showing an additional of available funds should other local post-licensing investors fail to materialize. Local Management: Adolfo Castillo has spent his whole life in Fresno and is the CEO of Roeding Leaf, Inc. He will directly lead the management team that will consist of four additional supervisory personnel. We Page 65 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail have tentatively identified four qualified managers, all of whom are long-time residents of Fresno. Should we be unable to secure the employment of any one of these known individuals, additional applicants for all open management positions will be given priority for residing within the City of Fresno since March 2, 2019. 2.6 Our Employees Our business plan calls for the initial hiring of 5 full-time management personnel and 11 part- time staff. Please note that we expect that most of the initial part-time staff positions will evolve into full-time jobs as the business matures and as our team members acquire experience and skills through our training program. Each of the initial team members’ titles and responsibilities are listed below: General Manager (1) 1st Point of contact person for law enforcement, inspectors, and consumer complaints Complete opening & closing procedures In charge of all daily operations & sales transactions Responsible for inventory control: ordering, handling inventory discrepancies, receiving delivers, auditing inventory, destruction of inventory, entering changes to track and trace, transferring inventory from vault to sales floor Cash control- preparing and processing cash deposits, balancing and auditing employee cash Oversee delivery operations- Prepare orders for delivery, dispatch for delivery drivers, maintain accurate delivery and mileage logs Implement security measures for staff Hire, counsel, discipline, terminate staff Create scheduling, payroll, & maintain record keeping Train staff on compliance and equipment Balance operations budget Pay all utility obligations and rent Act as head compliance officer Strategize, implement, and execute all marketing plans Act as neighborhood liaison to address complaints and concerns with neighboring businesses or residents Responsible for conducting morning huddle with staff Maintain daily bookkeeping utilizing Quick books software. Enforce employee codes of conduct Assistant Manager (1) 2nd point of contact for law enforcement, inspectors, and consumer complaints Complete opening & closing procedures Page 66 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Responsible for inventory control: ordering, handling inventory discrepancies, receiving delivers, auditing inventory, destruction of inventory, entering changes to track and trace Cash control - preparing cash deposits, balancing and auditing employee cash Oversee delivery operations- Prepare orders for delivery, dispatch for delivery drivers, maintain accurate delivery and mileage logs Counsel, discipline, and train staff Create staff work schedule, break and lunch schedule Cashier Responsible for conducting morning huddle with staff Enforce employee codes of conduct Creating in-store promotions Create employee incentives Maintain a clean store Create and change product displays Manage slotting revenue and contract negotiations Order store supplies Responsible for creating marketing campaigns Inventory Manager (1) 3rd point of contact Complete open & closing procedure Main point of contact for vendors and distributors Maintain clean, organized, compliant storage area Cashier Inventory control- ordering inventory, scheduling and receiving inventory deliveries, entering inventory into METRC, handling inventory discrepancies, handling customer returns, removing expired products from inventory, destruction of cannabis goods Responsible for discounting cannabis products Perform regular inventory audit schedule Responsible for creating product displays Stay up to date with market trends Analyze sales reports Maintain inventory budget Manage slotting revenue and contract negotiations Train staff on POS and Metrc Floor manager (2) Inventory control- transfers inventory from vault to sales floor, handles inventory discrepancies, enter inventory changes in POS and METRC Responsible for employee training Cash control- maintain employee drawers stay under cash limits, prepare cash for deposit, audit cash, investigate cash discrepancies Page 67 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Handle escalated customer complaints Create break and lunch schedule and make sure staff is adhering to break and lunch schedule Enforcing employee codes of conduct Create and change in-store displays Change instore and online menu Maintain a clean showroom Cashier Budtender (5) Cashier Answer/engage customers inquiries regarding everything cannabis Provide excellent customer service Make recommendations Maintain a clean work station Help clean store Prepare delivery/express orders Update instore and online menu Check in customers Maintain social media accounts Stay up to date with cannabis product knowledge Receptionist (4) Cashier Check in customers Provide excellent customer service Responsible for answering phone calls to the store Adding content to social media platforms Encouraging customers to enroll in loyalty program, newsletter, email, and sms text messages Help create in store promotions Maintain a clean lobby and work station Delivery driver (2) Maintain a clean driving record Maintain delivery and mileage log Deliver cannabis goods Create delivery route Maintain communication with dispatch when in the field Obey all traffic laws Keep inventory levels in compliance Provide excellent customer service Ensure all equipment is functioning properly-GPS, Cell Phone, Vehicle Cashier Page 68 of 82 Roeding Leaf, Inc. dba Banyan Tree Dispensary Application for Cannabis Retail Prepare delivery orders 2.7 Labor Peace Agreement It is the intent of Roeding Leaf, Inc. to enter into a labor peace agreement and abide by the terms of a labor peace agreement within 30 days of employing our 5th employee. 2.8 Local Hiring As you have seen throughout our workforce plan, we are firmly committed to hiring established local residents. We are committed to hiring more than 30% of our staff from residents of the City of Fresno. 2.8.1 Commitment to Local Hire Our business plan calls for the initial hiring of 5 full-time management personnel and 11 part- time staff. Please note that we expect that most of the initial part-time staff positions will evolve into full-time jobs as the business matures and as our team members acquire experience and skills through our training program. We are committed to hiring employees that live locally. 2.8.2 Commitment to offer apprenticeships/continuing education - Apprenticeship Program: As our primary community benefits activities will focus on the homeless, in the second year of operation we plan to implement a process where individuals struggling with homelessness will be recruited and specially trained in-house to become regular full-time staff members. - Paid Continuing Education: Full-time staff will be provided opportunities to enhance their knowledge and skills within the retail cannabis industry through regular participation in off-site seminars and on-line courses. 2.8.3 Commitment to pay a living wage We are absolutely committed to providing our staff much more than just a “Living Wage.” The most recent available US Census Bureau data shows that the median household per capita annual income for Fresno County is $23,284. All employees will have a starting wage of $ /hour. Full-time staff will earn a minimum of per year. Management personnel will start with salaries ranging from $ per year. We fully anticipate the establishment and implementation of a generous productivity bonus plan for all staff members to be introduced in the second year of operation. Ciry of FRESNO 2600 Fresno Street• Th ird Floor Fresno, California 93721-3604 (559 ) 621-8277 FAX (559) 498-1026 January 20 , 2021 Steve Spriggs Roeding Leaf Inc Dea r App licant: PLANNING AND DEVELOP MENT DEPART MENT Je nnifer K. Cl ark, AIC P, D irecto r Please reply to: Rob Holt (559) 621-8056 SUBJECT: ZONING INQU I RY NUMBER P21-00261 REQUESTING INFORMAT ION REGARDING CANNABIS RETAIL FOR PROPERTY LOCATED AT 207 EAST SIERRA AVENUE (APN 409-140-46) Thank you for your inquiry regarding the allowance of new cannabis retail uses . The requested information about cannabis retai l uses was analyzed using Article 27 , Chapter 15 of the Fresno Municipal Code (FMC) of the City of Fresno. Please note, all research for this inquiry is based on ex isting la nd devel opment of the subject property. If there are mu ltiple buildings on the subject property, this research was based on the address provided in the request. This research does not take into effect of future development unless provided in your appl ication request. With tha t, research of a proposed cannab is retail business on the subject property conve ys the followi ng: 1. A ll cannab is retail businesses must be located on property zoned DTN (Downtown Neighborhood}, DTG (Downtown General), CMS (Commercial Main Street), CC (Commercial Community), CR (Commercial Regional), CG (Commercial General), CH (Commercial Highway), NMX (Neighborhood Mixed-Use ), CMX (Corridor/Center Mixed- Use), RMX (Regional Mixed-Use), and must meet all of the requirements for development in these zones, including, but not limited to , parking, lighting, building materials , etc. The subject property is zoned CMX, which is one of the allowable zone dist ricts for / cannabis retail businesses. Development standards of the CMX zone district are available in Sections 15 -110 3, 15-1 104, and 15-1105 of the FMC . The subj ect location meet s the zone district re quirement, pe r Section 15-2739.B.1 .a of the FMC , for a cannabis retail business. 2. All bui lding(s) in which a cannabis retail business is located shall be no closer than 800 feet from any property boundary containing the following : (1) A cannabis retail business ; (2) A school providing instruction for any grades pre-school th rough 12 (whether public , private , or charter, including pre-school , transitional kindergarten , and K-12); (3) A day ca re center licensed by the state Department of Social Services that is in existence at the t ime a complete commercial cannabis bus iness permit application is submitted ; and , (4 ) A youth center that is in existence at the time a complete commercial cannabis business permit is submitted. Zoning Inq uiry P21 -0 0 261 207 East S ier ra Avenue Page 2 J anuary 20, 2021 I The subject property is not located within 800 feet of the property boundary of any of the above -mentioned uses . The subject build ing 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 Plann ing and Development Department per Section 15- 273 9.N of the FMC . 4 . No more than 2 cannabis retail businesses may be located in any one Coun cil Distri ct. If more than 14 are ever authorized by Council (more than 2 per Council District), they shall be dispersed evenly by Council District. j The subject property is in Council District 6. There are currently no cannabis reta il businesses located in Council District 6. 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, in cluding but not limited to, application requirements, signage, etc. This information was researched by the undersigned per the zoning request. The undersig ned certifi es that the above information co ntained herein is believed to be accurate and is based upon , or relates to, the information supplied by the requester. The City of Fresno assumes no liability for erro rs and omissions . All information was obtai ned from public records held by the Planning and Development Department. A copy of the Fresno Mun icipal Code may be obtained by conta cting t he City Clerk's office at 559-621-7650. The Fresno Municipal Code may also be searched on t he Internet, f ree 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 Rob ert.Hol t @fres no.gov. Cordially, Rob Holt, Planner Ill Deve lop ment Services Division Planning and Development Department