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A permit shall expire if not in active use for a period of six months at any time after the date of issuance. ACTIVE USE means conducting the commercial cannabis activity authorized by the permit following receipt of a certificate of occupancy, if required. This period may be extended if the permit has applied for a state commercial cannabis license that has been delayed through no fault of the permittee. Expired permits may not be renewed but the permit holder may apply again when a permit vacancy occurs.
(Ord. 835, passed 9-4-2019)
A commercial cannabis business permit issued under this chapter is valid only as to the permittee and approved site, and is therefore nontransferable to other persons or locations. A commercial cannabis business permit is not property and has no value. A commercial cannabis business permit may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a commercial cannabis business permit shall be deemed to constitute a voluntary surrender of such permit and such permit shall therefore be automatically rendered null and void. Except, however, if the permittee is a partnership, corporation, limited liability company or other entity, and one or more of the owners should die, one or more of the surviving owners may acquire, by purchase or otherwise, the interest of the deceased owner without affecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving owner(s). Additionally, a commercial cannabis business permit may be endorsed to add an additional owner, provided such prospective new owner satisfies the requirements for applicants, including but not limited to, a criminal history check and the qualifications listed in § 5.56.080, as approved by the Town Manager.
(Ord. 835, passed 9-4-2019)
(A) Within 15 days after the date of service of a decision of the Town Manager to revoke, suspend, deny renewal of a permit, or deny prescreening review, the permittee or applicant may appeal such action by filing a written appeal with the Town Clerk.
(B) The notice of appeal shall be in writing and signed by the person making the appeal, or his or her legal representative, and shall contain the following:
(1) The name, address, telephone number of the appellant.
(2) A true and correct copy of the notice of the decision issued by the Town Manager from which the appellant is appealing.
(3) A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the Town Council to understand the nature of the controversy, the basis of the appeal, and the relief requested, not to exceed five pages.
(4) All documents or other evidence pertinent to the appeal that the appellant requests the Town Council to consider at the hearing.
(C) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the Town Council from time to time.
(D) Failure of the Town Clerk to receive a timely and proper appeal, or the requisite fee, constitutes a waiver of the right to appeal the decision of the Town Manager and a failure to exhaust all administrative remedies. In this event, the Town Manager's decision is final and binding.
(E) In the event a notice of appeal is timely filed, the Town Manager's decision is stayed until a final order has been rendered and issued by the Town Council. If a notice of appeal is not timely filed, in the event of a decision of nonrenewal, the permit expires at the conclusion of the term of the permit and in the event of a suspension or revocation, the suspension of revocation is effective upon the expiration of the period for filing a written notice of appeal.
(F) Upon receipt of a timely notice of appeal, the Town Clerk shall set the matter for a hearing before the Town Council. The Town Council shall preside over the hearing on appeal, hear the matter de novo and conduct the hearing pursuant to the procedures set forth by the town. The Town Manager bears the burden of proof to establish the grounds for his or her decision by a preponderance of the evidence. The issuance of the Town Manager's decision constitutes prima facie evidence of grounds for the nonrenewal, suspension, or revocation.
(G) The appeal shall be held within a reasonable time after the filing of the notice of appeal, but in no event later than 90 days from the date of such filing. The town shall notify the appellant in writing of the date, time and location of the hearing at least ten days prior to the date of the hearing.
(H) At the hearing the appellant may present witnesses and evidence relevant to the decision appealed. Appeal hearings are informal, and the formal rules of evidence and discovery applicable in a court of law shall not apply to the hearing. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, immaterial and repetitious evidence may be excluded.
(I) After the conclusion of the appeal hearing, the Town Council shall determine if any grounds exists for the Town Manager's decision.
(1) If the Town Council determines that no facts exist to support the Town Manager's decision, the Town Manager's notice of decision shall be deemed cancelled.
(2) If the Town Council determines that any facts exist to support the Town Manager's notice of decision, the decision shall be upheld.
(3) The Town Council shall issue a written final order. The decision of the Town Council shall be final and shall be served on the appellant. The decision shall contain the following statement: "The decision of the Town Council is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure § 1094.6."
(Ord. 835, passed 9-4-2019)
Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any applicant or permittee, or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Any notice issued to any applicant or permittee may be sent to the mailing address as listed on the application submitted to the town. Failure of any applicant or permittee to receive a properly addressed notice by mail shall not invalidate any action, decision, determination or proceeding under this chapter.
(Ord. 835, passed 9-4-2019)
(A) It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A failure to obtain a commercial cannabis permit required by this chapter shall be punishable in accordance with the Fairfax Municipal Code and state law.
(B) All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
(C) Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.
(D) Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the town.
(E) The violation of any provision of this chapter shall be and is declared to be contrary to the public interest and shall, at the discretion of Town Manager, create causes of action, including but not limited to, for injunctive relief.
(F) In addition to the civil and administrative remedies set forth above, any person that violates the provisions of this chapter may be subject to administrative penalties as set forth by the Fairfax Municipal Code, Chapter 1.10.
(Ord. 835, passed 9-4-2019)
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