A.    The final selection process shall be comprised of selection of which eligible applications shall be submitted for final selection and the establishment of operating conditions of any permits issued under this chapter. The final selection process shall not exceed thirty (30) days in the absence of an appeal.

    B.    The final selection process shall commence with the separation of all eligible applications into the areas that are delineated in subsection D of Section 6.108.030. If an area has a number of eligible applications that is the same as or less than the allowable number of medical marijuana dispensaries for such area, then all applications for that area shall be submitted for establishment of operating conditions as set forth in subsection C of this section. If any area has a number of eligible applications that exceeds the maximum number of dispensaries for such area, the eligible applications to be submitted for final selection shall be designated by drawing or other method that ensures that each eligible application has an equal chance of being selected for the area.

    C.    The sheriff, the community development agency and the health care services agency shall establish operating conditions, in addition to the standard conditions contained in Section 6.108.120, for each eligible application that has been submitted for final review. The operating conditions shall be limited to those that are necessary to carry out the purposes of this chapter, to mitigate specific and foreseeable adverse impacts on properties in the vicinity and to achieve the mission statement in the application.

    D.    At the conclusion of the final selection, the sheriff shall give notice to the applicant of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:

    1.    Certify acceptance of the operating conditions and the standard conditions of the permit, and the permit shall thereupon issue immediately.

    2.    If the applicant refuses or fails to certify agreement with any operating condition or standard condition, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied. (Ord. 2005-25 § 2 (part))