Business License Commission to Consider Cannabis License for Fantom Flower

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The West Hollywood Business License Commission (BLC) will also consider the application by Where Eagles Fly, LLC for a Cannabis Business License for a Consumption Area (Edibles), for the business known as Fantom Flower 8811 Santa Monica Boulevard, former home to the now shuttered Flaming Saddles Saloon.

The teleconference public hearing scheduled for Tuesday, September 14, 2021, at 6:00 p.m. is the same meeting where the BLC will also discuss the application by Valkyrie Retail, LLC for a Cannabis Business Consumption Area (Smoking, Vaping, Edibles), for the business known as Villa Noble West Hollywood to be located at 8001 Santa Monica Boulevard, Unit A, on the corner of Santa Monica Boulevard and Laurel Avenue, across the street from the French Market Building.

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The staff report states that Where Eagles Fly, LLC submitted a Cannabis Business License Application for Consumption Area (Edibles) for Fantom Flower in accordance with the application process outlined in West Hollywood Municipal Code (“WHMC”) Section 5.70.35. Staff has verified that all required forms and documents were included in the application package. The application was reviewed for compliance with West Hollywood Municipal Code Section 5.70 and State regulations by the City’s Cannabis Consultant, SCI Consulting Group.

A brief summary of the proposed business operations is as follows:

Fantom Flower will offer onsite consumption areas for the consumption of cannabis by smoking, vaping, and ingesting of edible products, located on the second floor of a historic commercial building. A proposed interior lounge area will be divided into two separate areas, a 1,028 sf edible/ingestion only area (non-smoking) and a 936 sf smoking area. The August 2020 code amendments authorize edible ingestion consumption areas to have a smoking area as long as the smoking area is not more than 50% of the premises or 1,500 square feet, whichever is smaller. Additionally, the edible/ingestion only area (non-smoking area) must be of equal size or larger than the smoking area.

The applicant has met both requirements because the proposed smoking area totals 936 square feet and the proposed edible/ingestion only area (non-smoking area) totals 1,028 square feet. There will be two entry points into the business one from the exterior of the building via a staircase and one from the first floor of the building via an interior staircase. The applicant also plans to operate a separate restaurant on the first floor of the building and the interior staircase will allow access from the restaurant to the consumption area.

In accordance with current State regulations and WHMC § 5.70.041(m)(1), the cannabis consumption areas are in the interior of the premise and designed to ensure cannabis consumption is not visible from a public place or non-age restricted area.

The previous staff report indicated that the applicant was going to change the windows of the historic building. The applicant has since clarified that the extent of the work will be to repair and restore the building’s historic material such as stucco, cast concrete trim, wood windows, and metalwork. The applicant will be required to obtain a Certificate of Appropriateness prior to all exterior work on the building.

The applicant has proposed to operate the Cannabis Consumption Area, from 6:00 AM to 2:00 AM, daily. The State law does not allow the sale and delivery of cannabis and cannabis products past 10:00 PM, however, state regulations do not contain any time restrictions on the consumption of cannabis and cannabis products after that time.

Staff recommends that the consumption area be allowed to operate between the hours of 6:00 AM and 2:00 AM, unless specifically prohibited by the California State Bureau of Cannabis Control, or other applicable agency, with the condition that no sales of cannabis and cannabis products shall occur between the hours of 10:00 PM and 2:00 AM. During these four hours patrons of the consumption area would be able to consume cannabis products that were purchased prior to 10:00 PM. This is consistent with licenses granted for other consumption businesses.

In regards to odor control, the West Hollywood Municipal Code requires an odor absorbing ventilation and exhaust system to be installed so that odor generated inside the business is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights- of-way, or within any other unit located within the same building as the cannabis use.

Staff has reviewed Fantom Flower Business License application and its supporting documentation for compliance with WHMC and State regulations. City Council upheld staff’s determination of the revised cannabis buffer map and it has been determined that the subject location is not located within 600-foot of a sensitive use. For this reason, staff believes that the issuance of this license is consistent with the City’s Municipal Code. As such, staff recommends that the West Hollywood Business License Commission find that the applicant has satisfied the application requirements and approve the issuance of the Cannabis Business License with the conditions included in Resolution No. BLC21-0009.

Before the applicant will be able to receive their final business license to open and operate the consumption lounge, they will need to obtain their State of California Cannabis License and all required permits and approvals from local and county agencies prior the operation of the business, including building permits.

To view the West Hollywood Business License meeting agenda packet, click below:

http://cms6ftp.visioninternet.com/weho/packets/blc/blc.htm

Community members can participate in the upcoming West Hollywood Business License Commission teleconference audio meeting and provide public comment by telephone or via the ZOOM platform.  

You are strongly encouraged to email Falyn Kingi at fkingi@weho.org no later than 4:00 p.m. on Commission meeting day (Tuesday, September 14, 2021) to be added to the Public Speaker List for the meeting. Please include your name, the phone number from which you will be calling if applicable, and which item you would like to speak on.

To provide public comment via the Zoom Platform – When you enter the meeting, make sure to turn off your video and mute your audio.

If you wish to make a public comment, please use the ‘raised hand’ feature in the Zoom application.  You will be called at the appropriate time.  Please turn on your video and audio to make your public comment. 

Meeting ID:  956 6050 0156

Join Zoom Meeting: https://zoom.us/j/95660500156

To provide public comment via telephone, please call in and remember to place your phone on mute:

Dial-in phone number: (669) 900-6833

Meeting ID: 956 6050 0156; then press # 

Dial-in 10 minutes prior to the start of the meeting (the meeting begins at 6:00 p.m.) You will be placed on HOLD in the Virtual Meeting Room until it is your turn to speak.

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