(a) Any person who is an employee or who otherwise works within a commercial cannabis business identified in Section 5-29.08(a), (b) or (c) must be legally authorized to do so under applicable state law.
(b) Any person who is an employee or who otherwise works within a commercial cannabis business identified in Section 5-29.08(a) or (b) must obtain a commercial cannabis employee work permit from the City prior to performing any work at any commercial cannabis business.
(c) Applications for a commercial cannabis employee work permit shall be developed, made available, and processed by the applicable Department Head or designee(s), and shall include, but not be limited to, the following information:
(1) Name, address, and phone number of the applicant;
(2) Age and verification of applicant. A copy of a birth certificate, driver's license, government issued identification card, passport or other proof that the applicant is at least eighteen (18) years of age must be submitted with the application;
(3) Name, address of the commercial cannabis businesses where the person will be employed, and the name of the primary manager of that business;
(4) A list of any crimes enumerated in California Business and Professions Code Section 26057(b)(4) for which the applicant has been convicted;
(5) Name, address, and contact person for any previous employers from which the applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing;
(6) The application shall be accompanied by fingerprints and a recent photograph of the applicant in a form and manner as required by the City Manager or his/her designee(s).
(7) A signed statement under penalty of perjury that the information provided is true and correct.
(8) If applicable, verification that the applicant is a qualified patient or primary caregiver.
(9) A fee paid in an amount set by resolution of the City Council in an amount necessary to cover the costs of administering the employee work permit programs. The fee is nonrefundable and shall not be returned in the event the employee permit is denied or revoked.
(d) The applicable Department Head or designee(s) shall review the application for completeness, shall conduct a background check to determine whether the applicant was convicted of a crime or left a previous employer for reasons that show the applicant:
(1) Is dishonest; or
(2) Has committed a felony or misdemeanor involving fraud, deceit, embezzlement; or
(3) Was convicted of a violent felony; or
(4) Was convicted of a crime of moral turpitude; or
(5) Was convicted of the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.
Discovery of these facts showing that the applicant is dishonest or has been convicted of the preceding identified types of crimes are grounds for denial of the permit. Where the applicant's sentence, including any term of probation, incarceration, or supervised release for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance is completed, such underlying conviction shall not be the sole ground for denial of a commercial cannabis work permit.
(e) The applicable Department Head or designee(s) shall issue the commercial cannabis work permit or a written denial to the applicant within thirty (30) days of the date the application was deemed complete. In the event the cannabis work permit cannot be issued within this time period then the City Manager or his/her designee(s) may issue a temporary work permit for an employee upon completing a preliminary background check, and if the business can demonstrate to the applicable Department Head or designee(s), that the employee is necessary for the operation of the business. The temporary permit may be immediately revoked by the applicable Department Head designee(s) upon determination that the applicant has failed the background check or upon the issuance of the permanent work permit.
(f) An employee permit shall be valid for a twelve (12) month period and must be renewed on an annual basis. Renewal applications shall contain all the information required in subsection (c) above, including the payment of a renewal application fee in an amount to be set by resolution of the City Council.
(g) In the event a person changes employment from one commercial cannabis business in the City to another, the work permit holder shall notify the applicable Department Head or designee(s) in writing of the change within ten (10) days, or the work permit shall be suspended or revoked and such person shall not be permitted to work at any commercial cannabis business in the City.
(h) The City may immediately revoke the commercial cannabis work permit should the permit holder be convicted of a crime listed in subsection (c) and (d) above, or if facts become known to the City that the permit holder has engaged in activities showing that he or she is dishonest.
(i) The City Manager or his/her designee(s) is hereby authorized to promulgate all regulations necessary to implement the work permit process and requirements.
(j) The applicable Department Head or designee(s) shall issue a permit in the form of a personal identification card that can be worn in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.
(k) The applicant may appeal the denial or revocation of a commercial cannabis work permit by filing a notice of appeal with the City Manager not more than ten (10) days following the mailing of the notice of denial, which appeal shall be conducted as follows pursuant to subsection (l).
(l) Employee work permit appeals
(1) Any person denied approval of a commercial cannabis work permit under this chapter whose permit has been suspended, revoked or conditioned may appeal. Such appeal must be in writing and must be filed with the City Manager or designee not more than ten (10) days following the mailing of the notice of denial, suspension, revocation, or conditioning sent to the applicant. The written appeal must contain all reasons and documentary support why the denial, revocation, suspension, or conditioning should be overturned. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the City.
(i) The City Manager shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. The filing fee must be submitted with the appeal records. Any appeal without the timely payment of fees shall be considered to be untimely.
(ii) The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to subsection (a) of this section.
(2) City Manager action.
(i) Upon receipt of a timely filed appeal, the City Manager or designee shall set the matter for hearing which shall be held not fewer than ten (10) calendar days nor more than thirty (30) calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.
(ii) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven (7) calendar days prior to the hearing.
(iii) At the time of such hearing, the City Manager shall review the records and files relating to the decision.
(iv) The City Manager shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.
(v) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
(vi) The appellant shall have the burden of proving that he or she meets the requirements for issuing the permit in the first instance; the City shall have the burden in proving that grounds exist for revoking or failing to renew a certificate.
(vii) Based upon the evidence presented at the hearing, the City Manager shall determine whether the decision should be affirmed, modified or reversed.
(viii) The City Manager's decision shall be communicated in writing to the appellant within seven (7) calendar days after the close of the hearing and submission of the matter to the City Manager for decision. The City Manager's decision shall state whether the decision is affirmed, modified or reversed and shall state the reasons therefor.
(ix) The decision of the City Manager shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in the superior court shall be filed within ninety (90) days following the City Manager's notice pursuant to California Civil Procedure Code Section 1094.6.
(§ 2, Ord. 1636-NS, eff. December 29, 2017, as amended by § 2, Ord. 1662-NS, eff. July 12, 2019)