Sec. 7-7.17. Notice, hearing, and appeal.
a.Appeals relating to denial of an application, the decision of the City to revoke, suspend or modify a permit, or to deny renewal of an application for a permit; or to add conditions to a permit, or under Section 7-7.15 or 7-7.16 shall be conducted as prescribed in this section. There is no right to appeal the ranking and/or screening of applications under Section 7-7.11.
b.Any person who has been denied a cannabis business permit; any person whose application for an amended cannabis business permit has been denied; or any person whose privilege to operate a cannabis business has been modified, suspended, or revoked shall be notified in writing by means of registered mail, certified mail, email, or hand delivery of the City Manager’s decision as well as the person’s right to request a hearing under subsection (d) of this section.
c.Notwithstanding the foregoing, the City Manager may immediately suspend a cannabis business permit without a prior hearing if they determine that the operation of the cannabis business constitutes an immediate and significant threat to the public health, safety, or welfare. In such a case, if requested, the Appeals Hearing Board shall conduct the hearing following the suspension.
d.A request for a hearing before the Appeals Hearing Board shall be in writing and shall be made within ten (10) calendar days from the date of the decision to deny, suspend, revoke, or modify the permit. If no hearing request is made within this time period, the City Manager’s notice of denial, revocation, suspension, or modification shall become final and shall go immediately into full force and effect.
e.Upon receiving a written request for hearing, the Appeals Hearing Board shall set a time and place for the hearing not less than ten (10) days or more than sixty (60) days thereafter. The applicant or permittee shall be notified of the hearing by means of registered mail, certified mail, email, or hand delivery at least five (5) days before the hearing date.
1.Apart from an immediate suspension under subsection (c) of this section, in the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the Appeals Hearing Board. Notices of appeal not served in a timely manner or served by nonoperational business shall not serve to allow such business to operate pending appeal.
2.If no appeal is timely filed in the event of a decision of nonrenewal, 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 modification, suspension, or revocation, the decision shall become effective upon the expiration of the period for filing a written notice of appeal.
f.All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Except for appeals under Sections 7-7.15 and 7-7.16, where the appellant carries the burden of proof, the City shall have the burden of proof of any violations by a preponderance of the evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. If the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension, revocation, or restriction of the permit shall be considered conclusively established.
g.Within thirty (30) days of the hearing, the Board shall issue a written decision specifying the reasons for the decision, which shall be delivered by either registered mail, certified mail, email, or hand delivery to the applicant or permittee. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in California Code of Civil Procedure Section 1094.6. (Ord. 3674 § 11, 2023)