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Madera, CA Code of Ordinances
CITY OF MADERA, CALIFORNIA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE II: ADMINISTRATION
TITLE III: PUBLIC SAFETY
TITLE IV: PUBLIC WELFARE
TITLE V: SANITATION AND HEALTH
TITLE VI: BUSINESSES, PROFESSIONS, AND TRADES
CHAPTER 1: BUSINESS LICENSES
CHAPTER 2: FILMING
CHAPTER 3: CARD ROOMS
CHAPTER 4: [RESERVED]
CHAPTER 5: CANNABIS BUSINESSES
§ 6-5.01 TITLE.
§ 6-5.02 PURPOSE AND INTENT.
§ 6-5.03 LEGAL AUTHORITY.
§ 6-5.04 CANNABIS CULTIVATION AND CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS CHAPTER.
§ 6-5.05 COMPLIANCE WITH STATE AND LOCAL LAWS AND REGULATIONS.
§ 6-5.06 DEFINITIONS.
§ 6-5.07 CANNABIS BUSINESS PERMIT REQUIRED TO ENGAGE IN CANNABIS BUSINESS.
§ 6-5.08 EVIDENCE OF CANNABIS OWNERS AND/OR EMPLOYEES BACKGROUND CHECK REQUIRED.
§ 6-5.09 PERSONNEL PROHIBITED FROM HOLDING A LICENSE OR FROM EMPLOYMENT WITH A CANNABIS BUSINESS PERMITTEE.
§ 6-5.10 MAXIMUM NUMBER AND TYPE OF AUTHORIZED CANNABIS BUSINESSES PERMITTED.
§ 6-5.11 COMMUNITY BENEFITS.
§ 6-5.12 CITY’S RESERVATION OF RIGHTS.
§ 6-5.13 PROCEDURE GUIDELINES AND REVIEW CRITERIA TO EVALUATE CANNABIS BUSINESS APPLICATIONS.
§ 6-5.14 APPLICATION REVIEW PROCESS.
§ 6-5.15 EXERCISE OF A CANNABIS BUSINESS PERMIT.
§ 6-5.16 SCOPE OF APPROVAL.
§ 6-5.17 REAPPLYING FOR A CANNABIS BUSINESS PERMIT.
§ 6-5.18 RENEWAL OF CANNABIS BUSINESS PERMITS.
§ 6-5.19 REVOCATION OF PERMITS.
§ 6-5.20 EFFECT OF STATE LICENSE SUSPENSION.
§ 6-5.21 EFFECT OF STATE REVOCATION.
§ 6-5.22 APPEALS.
§ 6-5.23 WRITTEN REQUEST FOR APPEAL.
§ 6-5.24 GROUNDS FOR APPEAL.
§ 6-5.25 APPEAL HEARING PROCESS.
§ 6-5.26 ADMINISTRATIVE HEARING AND PROCEEDINGS.
§ 6-5.27 CHANGE IN LOCATION; UPDATED APPLICATION FORM.
§ 6-5.28 TRANSFER OF CANNABIS BUSINESS PERMIT.
§ 6-5.29 CITY BUSINESS LICENSE.
§ 6-5.30 BUILDING PERMITS AND INSPECTION.
§ 6-5.31 AUTHORIZATION FROM THE COMMUNITY DEVELOPMENT DIRECTOR.
§ 6-5.32 RIGHT TO OCCUPY AND TO USE PROPERTY.
§ 6-5.33 LOCATION AND DESIGN OF CANNABIS BUSINESSES.
§ 6-5.34 LIMITATIONS ON CITY’S LIABILITY.
§ 6-5.35 RECORDS AND RECORDKEEPING.
§ 6-5.36 SECURITY MEASURES.
§ 6-5.37 FEES AND CHARGES.
§ 6-5.38 GENERAL OPERATING REQUIREMENTS.
§ 6-5.39 AMENDMENTS TO GENERAL OPERATING REQUIREMENTS.
§ 6-5.40 OPERATING REQUIREMENTS FOR STORE FRONT/RETAIL FACILITIES.
§ 6-5.41 OPERATING REQUIREMENTS FOR NON-STORE FRONT RETAILER.
§ 6-5.42 RETAILER, NON-STORE FRONT RETAILER AND MICROBUSINESS DELIVERY VEHICLE REQUIREMENTS.
§ 6-5.43 OPERATING REQUIREMENTS FOR DISTRIBUTERS.
§ 6-5.44 OPERATING REQUIREMENTS FOR TESTING LABS.
§ 6-5.45 OPERATING REQUIREMENTS FOR CANNABIS MANUFACTURING: EDIBLES AND OTHER CANNABIS PRODUCTS; SALE OF EDIBLE AND OTHER CANNABIS PRODUCTS.
§ 6-5.46 OPERATING REQUIREMENTS FOR CULTIVATORS.
§ 6-5.47 OPERATING REQUIREMENTS FOR DELIVERY SERVICES.
§ 6-5.48 PERMISSIBLE DELIVERY LOCATIONS AND CUSTOMERS.
§ 6-5.49 PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES.
§ 6-5.50 COMMUNITY RELATIONS.
§ 6-5.51 FEES DEEMED DEBT TO THE CITY.
§ 6-5.52 PERMIT HOLDER RESPONSIBLE FOR VIOLATIONS.
§ 6-5.53 INSPECTION AND ENFORCEMENT.
§ 6-5.54 VIOLATIONS DECLARED A PUBLIC NUISANCE.
TITLE VII: PUBLIC WORKS
TITLE VIII: FINANCE, REVENUE, AND TAXATION
TITLE IX: BUILDING REGULATIONS
TITLE X: PLANNING AND ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 6-5.23 WRITTEN REQUEST FOR APPEAL.
   (A)   Within ten calendar days after the date of a decision of the City Manager to revoke, suspend or deny an initial or renewed permit application or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
   (B)   At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.
(Ord. 977 C.S., passed 6-16-21)
§ 6-5.24 GROUNDS FOR APPEAL.
   (A)   Denial of initial permit decision. The City Manager or an appointed hearing officer will hear appeals that address the following issues:
      (1)   Any deviation from the city's published application procedures that adversely affected the applicant by altering the outcome of the city's decision on the applicant's application. Examples of appealable deviations are:
      (2)   Failure on the part of the city to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;
      (3)   Failure on the part of the city to provide an applicant an equal opportunity to modify an application where that opportunity was provided to other applicants;
      (4)   The scoring of one or more portions of the applicant's application was not justified based on the information presented in the application or due to a material error or omission on the part in scoring the application.
      (5)   Any appeal based upon this section must be supported by evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature or that is relevant to a question posed by the city on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
   (B)   A hearing officer or body as determined by City Council resolution shall hear appeals relating to denial of a renewed application, to revoke or suspend a permit, or to add conditions to an existing permit.
   (C)   An applicant that is eligible to participate in the interview or other final decision process but is not selected during the interview or other final decision process shall not be eligible to appeal the outcome of the process.
(Ord. 977 C.S., passed 6-16-21)
§ 6-5.25 APPEAL HEARING PROCESS.
   (A)   Within ten calendar days after service of the notice of the decision of the City Manager to deny advancement to the interview or other final decision process, to revoke or suspend a permit, to deny a renewed application for a permit; or to add conditions to a permit, the applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For an initial permit application appeal, reasons shall be stated with specificity and shall address the issues outlined in § 6-5.24(A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
   (B)   The notice of appeal shall be in writing and signed by the person making the appeal ("Appellant"), or their legal representative, and shall contain the following:
      (1)   Name, address, and telephone number of the appellant.
      (2)   Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
      (3)   Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
      (4)   State 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.
      (5)   All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.
      (6)   An appeal fee as established by resolution of the City Council.
   (C)   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, the City Manager's notice of revocation, non-renewal, or suspension shall be final.
   (D)   In the event a written notice of appeal is timely filed, the non-renewal, suspension, revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
   (E)   If no appeal is timely filed in the event of a decision of non-renewal, the cannabis businesses permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
(Ord. 977 C.S., passed 6-16-21)
§ 6-5.26 ADMINISTRATIVE HEARING AND PROCEEDINGS.
   (A)   Review by appointed hearing officer or body; administrative hearing and proceedings.
      (1)   Appellants who file a timely written notice of appeal will be entitled to an administrative hearing before a hearing officer or body as set forth in the City Council Procedures and Guidelines Resolution.
      (2)   Upon receipt by the City Clerk of a timely-filed notice of appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within 30 days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant then the City Clerk shall schedule the appeal to be heard by the City Council within 45 days or as reasonably possible at the next scheduled City Council meeting proceeding the deadline from receiving the appeal.
      (3)   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 days before the date of the hearing ("notice of appeal hearing").
      (4)   A request by an appellant or by the city 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, or appointed hearing officer, may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days, unless there is a stipulation by all parties to do so.
   (B)   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 for consideration.
   (C)   The following rules shall apply at the appeal hearing:
      (1)   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.
      (2)   The city bears the burden of proof to establish the grounds for non-renewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant's application.
      (3)   The issuance of the City Manager's notice constitutes prima facie evidence of grounds for the denial, non-renewal, suspension or revocation.
      (4)   The hearing officer or body may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The hearing officer or body shall determine whether a particular fact or facts amount to good cause on a case-by-case basis.
      (5)   The appellant may bring a language interpreter to the hearing at their sole expense.
      (6)   The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the city that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
   (D)   If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council, or the appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, 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.    
   (E)   Final decision. Following the conclusion of the administrative hearing officer or body shall issue a written decision within 20 days which: (i) determines if the action appealed from is affirmed or overturned; and (ii) specifies the reasons for the decision.
   (F)   The written decision of the hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in Cal. Code of Civil Procedure § 1094.6 for judicial review.
   (G)   A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis 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. 977 C.S., passed 6-16-21)
§ 6-5.27 CHANGE IN LOCATION; UPDATED APPLICATION FORM.
   (A)   Any time the cultivation, dispensing, testing, manufacturing, and distribution location specified in the regulatory permit is changed, the permittee shall submit an updated application form to the City Manager. The process and the fees for the processing of the application form shall be the same as the process and fees set forth in §§ 6-5.18 and 6-5.28.
   (B)   Within 15 calendar days of any other change in the information provided in the updated application form or any change in status of compliance with the provisions of this chapter, including any change in the cannabis business ownership or management members, the applicant shall file an updated application form with the City Manager for review along with an application amendment fee.
(Ord. 977 C.S., passed 6-16-21)
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