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A. An application for renewal of a Commercial Cannabis Business Permit shall be filed with the Permit Administrator's office at least sixty (60) calendar days prior to the expiration date of the current permit, on a form designated by the City.
B. Any permittee submitting an application less than sixty (60) days before the expiration of a Commercial Cannabis Business Permit shall be required to pay a late renewal application fee, as established by resolution of the City Council. Any renewal application filed less than thirty (30) days before the expiration of a Commercial Cannabis Business Permit may be rejected by the City on that basis alone.
C. The permittee shall include on the renewal application any information that has changed since the filing of the initial application or prior year's renewal application, as applicable.
D. The permittee shall pay a fee in an amount to be set by resolution of the City Council to cover the costs of processing the renewal application, together with any costs incurred by the City to administer the permit scheme created under this Chapter.
E. An application for renewal of a Commercial Cannabis Business Permit may be denied if any of the following exists:
2. The Commercial Cannabis Business Permit is suspended or revoked at the time of the application.
3. The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.
4. The permittee fails or is unable to renew its State of California license.
5. The permittee has made a false, misleading or fraudulent statement or omission of fact in the renewal application.
F. The Permit Administrator is authorized to make all decisions concerning the renewal of a Commercial Cannabis Business Permit, except for renewal of a storefront retail Commercial Cannabis Business Permit, which decisions shall be made by the City Manager. When making the decision on a renewal application, additional conditions to the renewal of a Commercial Cannabis Business Permit may be imposed, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare.
G. Permittees will be notified in writing of the decision to deny a renewal application. Appeals from a denial of a renewal application shall be handled pursuant to § 11.17.140.
H. If an application for renewal of a Commercial Cannabis Business Permit is denied, a person may file a new application pursuant to this Chapter no sooner than one year from the date of the denial.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. Suspension of a permittee's license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the permittee's Commercial Cannabis Business Permit and permittee's ability to operate a commercial cannabis business within the City, until the State of California, or its respective department or division, reinstates or reissues permittee's State license.
B. Should the State of California, or any of its departments or divisions, revoke or terminate permittee's license of a commercial cannabis business, such revocation or termination shall also immediately revoke or terminate permittee's Commercial Cannabis Business Permit and permittee's ability to operate a commercial cannabis business within the City of Culver City.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. Appeals from any decision of the Permit Administrator pertaining to Commercial Cannabis Business Permits for manufacturing, cultivation, distribution, testing, and delivery-only retailers shall follow the process set forth in § 11.07.100 of this Code.
B. Appeals from any decision of the City Manager pertaining to Storefront Retail Commercial Cannabis Business Permits shall be conducted as follows:
1. A commercial cannabis storefront retail permittee may appeal any decision of the City Manager, by filing with the City Clerk a written notice of appeal within fifteen (15) calendar days from the date of service of the notice issued by the City Manager of his or her decision.
2. The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or his or her legal representative, and shall contain the following:
a. Name, address, and telephone number of the appellant.
b. Statement that the person is appealing from a specified decision, action, or a particular part thereof, made by the City Manager.
c. True and correct copy of the notice issued by the City Manager for which the appellant is appealing.
d. Statement with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.
e. All documents or other evidence pertinent to the appeal that the appellant requests the City Council consider at the hearing.
3. Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, City Manager's notice of revocation, nonrenewal, suspension and/or other action is final and binding.
4. In the event a written notice of appeal is timely filed, the nonrenewal, suspension, revocation, or other action shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. If no appeal is timely filed in the event of a decision of nonrenewal, the Commercial Cannabis Business Permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision of suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
C. All appellants shall, subject to filing a timely written notice of appeal, obtain review thereof before the City Council or appointed hearing officer.
1. The administrative appeal shall be scheduled no later than sixty (60) calendar days, and no sooner than twenty- one (21) calendar days, after receipt of a timely filed notice of appeal. The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) calendar days before the date of the hearing ("notice of appeal hearing").
2. All requests by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than thirty (30) calendar days without stipulation by all parties.
3. The City Council shall preside over the hearing on appeal, or in the alternative, the City Council may appoint a hearing officer to conduct the hearing if a quorum of the City Council is unavailable or unable to timely hear the appeal.
4. At the date, time and location set forth in the notice of appeal hearing, the City Council or an appointed hearing officer, shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted.
5. The following rules shall apply at the appeal hearing:
a. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b. The City bears the burden of proof to establish the grounds for denial, nonrenewal, suspension or revocation by a preponderance of evidence.
c. The issuance of the City Manager's notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and City or county personnel who significantly took part in the investigation, which contributed to the City Manager issuing a notice, may be required to participate in the appeal hearing.
d. Each party shall have the right to introduce evidence, to present and examine witnesses, and to cross-examine opposing witnesses who have testified under direct examination. The City Council, or the appointed hearing officer, may also call witnesses, and examine any person who introduces evidence or testifies at any hearing.
e. The City Council, or the appointed hearing officer, may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The City Council or hearing officer shall determine whether a particular fact or facts amount to a good cause on a case-by-case basis.
f. The appellant may bring a language interpreter to the hearing at his or her sole cost and expense.
g. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.
6. If the appellant, or his or her legal representative, fails to appear at the appeal hearing, the City Council, or the appointed hearing officer, may cancel the appeal hearing and send a notice thereof to the appellant by first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager's notice of decision is final and binding. In the alternative, the City Council or the appointed hearing officer may hear the appeal and render a determination in the absence of the appellant.
D. Following the conclusion of the appeal hearing, the City Council or appointed hearing officer shall determine if any ground exists for the nonrenewal, suspension or revocation of a Commercial Cannabis Business Permit or other action. At the discretion of the City Council, deliberations on the appeal may be continued to the next City Council meeting. If the appeal is heard by a hearing officer, the determination shall be issued no later than ten days following the conclusion of the appeal hearing.
1. If the City Council or appointed hearing officer determines that no grounds for denial, nonrenewal, suspension, revocation, or other action exist, the City Manager's notice of decision shall be deemed cancelled. If the City Council or appointed hearing officer, determines that one or more of the reasons or grounds enumerated in notice of decision exists, a written final decision shall be issued within ten (10) days, which shall at minimum contain the following:
a. A finding and description of each reason or grounds for nonrenewal, suspension, revocation, or other action that exist.
b. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.
2. The decision of the City Council or appointed hearing officer, is final and conclusive. The written final decision shall also contain the following statement: "The decision of the City Council [or appointed hearing officer], is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6."
3. A copy of the final decision shall be served by first class mail on the appellant. If the appellant is not the owner of the premises in which the commercial cannabis storefront retail business is located, or proposed to be located, a copy of the Final Decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. A Commercial Cannabis Business Permit issued under this Chapter is valid only as to the permittee and approved premises, and is therefore nontransferable to other persons, projects or locations.
B. No Commercial Cannabis Business Permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person, persons, or entities. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such Commercial Cannabis Business Permit and such permit shall thereafter be null and void, except as set forth in this Chapter.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. No permittee shall change the premises of a commercial cannabis storefront retailer business specified in the Commercial Cannabis Business Permit until such change of premises is approved by the City Council. All other changes of premises of any commercial cannabis business must be approved by the Permit Administrator.
B. The City Manager shall adopt a process (to include any necessary forms and procedures) for the relocation of any commercial cannabis business. As part of the process, Storefront Retail Permittees proposing to relocate shall give notice to all property owners and occupants located within two thousand five hundred (2,500) feet of the proposed premises.
C. The proposed premises shall meet all the requirements under this Code, including but not limited to this Chapter and Title 17.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. No permittee shall transfer greater than fifty percent (50%) of ownership or control of a commercial cannabis business unless and until the proposed new owner submits all required application materials and pays all applicable fees, and independently meets the requirements of this Chapter such as to be entitled to the issuance of a commercial Cannabis Business Permit.
B. Any changes in ownership or control of greater than fifty percent (50%) of a commercial cannabis storefront retail permittee must be submitted to the City Council for review and approval.
C. No permittee may add a new owner of ten percent (10%) or more ownership interest unless the proposed new owner undergoes and passes a background check as provided for in this Chapter.
D. A permittee may change the form of business entity without applying to the City Council for a new Commercial Cannabis Business Permit, provided that one of the following applies:
1. The ownership of the new business entity is the same as the business entity that was issued the existing Commercial Cannabis Business Permit; or
2. The existing permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA, provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the City permit application) of the existing permittee entity are the same as the new business entity.
E. Although a new Commercial Cannabis Business Permit is not required in the two circumstances listed in Subsection D. above, the permittee shall notify the City in writing of the change within fifteen (15) days of the change, and obtain an amendment to the existing Commercial Cannabis Business Permit after paying the fee set by resolution of the City Council.
F. The City Manager shall adopt a process (to include any necessary forms and procedures) for the change in ownership of any commercial cannabis business as set forth in this Section.
G. No permittee may avail themselves of the provisions of this Section if the City Manager or Permit Administrator has notified the permittee that the Commercial Cannabis Business Permit has been or may be suspended or revoked, or may not be renewed.
H. Failure to comply with this Section is grounds for revocation of a Commercial Cannabis Business Permit.
I. Any attempt to transfer a Commercial Cannabis Business Permit either directly or indirectly in violation of this Section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the Commercial Cannabis Business Permit.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
A. A permittee shall advise the City within fifteen (15) calendar days of all changes of name or designation under which the commercial cannabis business is to be conducted. The change of name or designation shall be accompanied by a nonrefundable fee established by resolution of the City Council to defray the costs of amendment to and reissuance of the Commercial Cannabis Business Permit.
B. No permittee shall operate, conduct, manage, engage in, or carry on a commercial cannabis business under any name other than the name of the commercial cannabis business specified in the Commercial Cannabis Business Permit.
C. All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, approved as the premises for a commercial cannabis business. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy.
D. Within fifteen (15) calendar days of any other change in the information provided in the application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business form of ownership or management members, the permittee shall notify the City on a form approved by the City Manager for review along with a permit amendment fee, as adopted by resolution of the City Council.
(Ord. No. 17-018 § 2 (part); Ord. No. 2017-020 § 2 (part); Ord. No. 2018-007 § 2 (part))
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