Frank Zimmerman Collective v. City of Vista CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2018, the electorate voted in favor of a citizen’s initiative to allow the operation of medical cannabis dispensaries in the City. The initiative enacted Chapter 5.94 of the City’s municipal code (Mun. Code,

§ 5.94.010 et seq.)1 and gave the city manager the authority to promulgate regulations to implement and administer that chapter. (Mun. Code § 5.94.170, subd. (B).) The number of dispensaries was to be based on the population of the City. (Mun. Code, § 5.94.090.) It is undisputed that, at the time, the City’s

population supported 11 dispensaries.2 Chapter 5.94 set forth a procedure for applicants to apply for permission to operate one of the 11 dispensaries. (Mun. Code, §§ 5.94.050–5.94.070) The application process specifically involved applying to receive a Notice of Completed Registration (NCR). (Mun. Code, § 5.94.070, subd. (A).) After receiving an NCR and any applicable license required by state law, an applicant would be authorized to open a dispensary after satisfying the other requirements that are generally applicable to retail businesses in the City, namely, obtaining (1) a business license pursuant to Chapter 5.04…