The text
(a)
Failure of a permittee to comply with any requirement imposed by the provisions of this code (or successor provision or provisions), including, but not limited to, any rule, regulation, condition or standard adopted pursuant to this chapter, or any term or condition imposed on the commercial cannabis permit or the development agreement, or any provision of state law, may be grounds for revocation of the permit.
(b)
Revocation of a state license issued under this ordinance shall be grounds for revocation of a commercial cannabis permit issued by the city.
(c)
Grounds for revocation may include if the permittee, its owner(s), manager(s) or a responsible person has, within the past three years immediately preceding the date of the application, has been sentenced or had a judgment issued in a criminal or civil court proceeding, and/or has been sanctioned or fined for, enjoined from, or found guilty of or plead guilty or no contest to a charge for engaging in a commercial cannabis activity in the state without the necessary permits and approvals from the applicable state and/or local jurisdictions; or has had a commercial cannabis license revoked or suspended by the applicable state and/or local jurisdictions.
(d)
Grounds for revocation may include if the permittee, its owner(s), manager(s) or a responsible person, within the past three years immediately preceding the date of the application, been issued a notice or citation by the city for unlicensed commercial cannabis activity, or if the permittee, its owner(s), manager(s) or a responsible person, was a defendant in a civil or criminal proceeding filed by the city or the people of the State of California, for allowing, causing, or permitting unlicensed commercial cannabis activities within the city's jurisdiction.
(e)
Conviction within the past ten years of the permittee, its owner(s) or manager(s), including a plea of guilty or no contest, to any the following offenses shall be grounds for revocation of a commercial cannabis permit issued by the city:
(1)
A violent felony, as specified in Section 667.5(c) of the Penal Code.
(2)
A serious felony, as specified in Section 1192.7(c) of the Penal Code.
(3)
A felony involving fraud, deceit, or embezzlement.
(4)
A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(5)
A felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.
(6)
A felony or misdemeanor involving the illegal possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016.
(f)
If the city administrator determines that a ground for revocation of a commercial cannabis permit exists, the city administrator shall give notice of revocation by dated written notice to the permittee.
(g)
The city administrator shall cause the permittee to be served, either personally or by certified first class mail addressed to the address listed on the application, with a written notice to revoke a permit. This notice shall state the reasons for the action, the effective date of the decision, the right of the permittee to appeal the decision to the city's planning commission, or its appointed hearing officer or body, and that the city administrator's decision will be final if no written appeal is timely submitted to, and received by, the city, pursuant to the provisions in Section 5.61.140 of this chapter. This notice will be effective within 15 calendar days from the date of service of the notice. If an appeal is timely and properly filed in accordance with Section 5.61.140, then the effective date of the notice is stayed until a decision after the hearing on the appeal is issued.
(Ord. No. 700, § 2, 9-4-2018)