San José Municipal Code § 6.88.395 Eligibility for equity assistance program.
6.88.395 - Eligibility for equity assistance program.
A. To be eligible for the Equity Assistance Program as an equity employee, an individual shall satisfy the following criteria:
1. Be a natural person; and
2. Reside in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and
3. In the year prior to employment with a cannabis business registered in the City of San José, have had an annual household income at or below eighty percent (80%) of the Area Median Income (AMI) for Santa Clara County adjusted for household size; and
4. The individual satisfies at least one of the following criteria:
a. Has lived for at least four years in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; or
b. Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or
c. Had a parent, guardian, child, or sibling convicted of a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or
d. Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the California cannabis industry.
B. To be eligible for the Equity Assistance Program as an equity business owner, an individual shall satisfy the following criteria:
1. Be a natural person; and
2. Reside in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and
3. In the year prior to submitting the application to be an equity business owner, the individual resided in a household with an income at or below 150% of the Area Median Income for San José; and
4. Holds a minimum of fifty-one percent (51%) or more ownership of the entity applying for a Cannabis Business Registration as an Equity Business Owner; and
5. Has lived for four years in a San José neighborhood rated high, higher, or highest priority by the Metropolitan Transportation Commission's Equity Priority Community program or a former Strong Neighborhoods Initiative neighborhood in the City of San José; and
6. Meets one of the following criteria:
a. Has worked in the cannabis industry in San José for at least two years between 2009 and the present; or
b. Was arrested or convicted for a crime relating to the sale, possession, use, or cultivation of cannabis in California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or
c. Had a parent, guardian, child, or sibling convicted of a crime relating to the sale, possession, use, or cultivation of cannabis in the California, excluding those offenses which would be disqualifying for cannabis licensure under current State law; or
d. Is a person who experienced sexual assault, exploitation, domestic violence, and/or human trafficking while participating in the cannabis industry.
C. To be eligible for the Equity Assistance Program as an Equity Business Partnership, the partnership must meet the following criteria:
1. The aggregate ownership held by equity business partners must total fifty-one percent (51%) or more; and
2. Each equity business partner must satisfy the criteria set out in Subsection B above, except for Subsection B.4.
(Ords. 30234, 30726.)