§ 5.90.240. Suspension, penalty, revocation and appeals process.

The City Manager shall provide a dated, written notice to the Liaison if it believes that his or her Medical Marijuana Business has violated any provision of this Chapter and any steps available to cure such violation. Within thirty (30) business days of receiving that notice, the Licensee shall have the right to file a written response with the City Manager. After receiving and reviewing the substantive content of any such response, the City Manager shall prepare a written report and forward all evidence along with the report to the Marijuana Task Force which shall then determine whether or not the Licensee has violated any provision of this Chapter, whether the violation has been or is curable or not; and shall provide a dated, written notice to the Licensee of its factual findings and legal determination. If the City Manager determines that a Licensee has failed to comply with or cure any violation of any provision of this Chapter on at least five (5) separate, non-continuing occasions within twenty-four (24) months, or that a Licensee has been convicted for noncompliance with any Medical Marijuana State law, the City Manager shall revoke or suspend the Business License Permit. A Task Force finding of no violation or that a violation has been cured shall not be considered as a violation by the City Manager. The City Manager shall notify a Medical Marijuana Business's Liaison of its recommendation that its Business License be suspended or revoked by means of a dated, written notice, which shall advise the Licensee of its right to appeal the decision to the Long Beach City Council. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based, and shall be filed with the City Manager within forty-five (45) calendar days from the date the notice was mailed along with an appeal deposit, in an amount determined by the Long Beach City Council. If a timely appeal is filed, a Business License Permit may not be suspended or revoked before that appeal has been fully adjudicated. The Long Beach City Council shall conduct a hearing (hereinafter, the "City Council Hearing") on the appeal or refer the matter to a hearing officer pursuant to Chapter 2.93 of this Code, within forty-five (45) calendar days from the date the completed request for appeal was received by the City Manager, except where good cause exists to extend this period. The appellant shall be given at least fifteen (15) calendar days' written notice of the City Council Hearing. The City Council Hearing shall be conducted pursuant to Chapter 2.93 of the Long Beach Municipal Code. The determination of the Long Beach City Council on the appeal shall be final, unless the licensee chooses to file a court action within forty-five (45) calendar days of that determination. If a Medical Marijuana Business's License Permit has been revoked or suspended, no other Business License Permit application shall be considered for that Business for a period of one (1) year from either: (a) the date on which the notice of the revocation or suspension was mailed, or (b) the date of the final decision of the Long Beach City Council, whichever is later.

( Measure MM § 4, 11-8-2016)