TITLE
Recommendation to adopt resolution authorizing access to State and Federal level summary criminal history information for licensing of adult-use cannabis businesses under Chapter 5.92 of the Long Beach Municipal Code, and authorizing City Manager, or designee, to execute all necessary agreements and amendments. (Citywide)
DISCUSSION
On July 10, 2018, the Long Beach City Council voted to approve Chapter 5.92 (Adult-Use Cannabis Businesses and Activities) of the LBMC, which permits and regulates adult-use cannabis businesses in the City of Long Beach (City). Chapter 5.92 allows for licensed adult-use cannabis dispensaries, manufacturers, cultivators, distributors, and testing laboratories to operate in the City.
For an adult-use cannabis business to be issued a cannabis business license, Chapter 5.92 requires all business owners to undergo Live Scan fingerprint imaging, and to provide criminal history information to the Long Beach Police Department.
Chapter 5.92 specifically prohibits adult-use cannabis business owners from being convicted of any offense that is substantially related to the qualifications, functions, or duties of the operation of a Commercial Cannabis Business, and conducting commercial cannabis activity, which includes:
(1) A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or
(2) Selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor, and having a felony conviction for drug trafficking with enhancements pursuant to California Health and Safety Code Section 11370.4 or 11379.8; or
(3) Any violent or serious felony as specified in Sections 667.5(c) and 1192.7(c) of the Penal Code, or having any felony conviction involving fraud, deceit, or embezzlement within the last ten years.
For the City to verify that adult-use cannabis business applicants satisfy these conditions, the Police Department will require access to State and Federal level summary criminal history information. To receive this level of access from the Department of Justice, the City Council must formally authorize the Police Department access to summary criminal history information for employment, licensing, or certification purposes.
This matter was reviewed by Deputy City Attorney Taylor M. Anderson on July 20, 2018 and by Budget Management Officer Rhutu Amin Gharib on July 19, 2018.
TIMING CONSIDERATIONS
City Council action is requested on August 7, 2018, to facilitate the opening of the application process for adult-use cannabis licenses on August 13, 2018.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AUTHORIZING STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR LICENSING OF ADULT-USE CANNABIS BUSINESSES UNDER CHAPTER 5.92 OF THE LONG BEACH MUNICIPAL CODE, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL NECESSARY DOCUMENTS AND AMENDMENTS, IF ANY, REQUIRED FOR ACCESS TO SUCH INFORMATION
Respectfully Submitted,
PATRICK H. WEST
CITY MANAGER