Long Beach, CA
File #: 13-0086    Version: 1 Name: FM - Settlement Agrmnt for LB Revocation for John Mitchell
Type: Agenda Item Status: Approved
File created: 1/25/2013 In control: City Council
On agenda: 2/5/2013 Final action: 2/5/2013
Title: Recommendation to authorize City Manager or his designee to execute a negotiated resolution regarding the commercial/industrial business license revocation for license number BU07048000 issued to John W. Mitchell, located at 1742 East Broadway. (District 2)
Sponsors: Financial Management
Attachments: 1. 020513-R-23sr&att.pdf
Related files: 12-0908
TITLE
Recommendation to authorize City Manager or his designee to execute a negotiated resolution regarding the commercial/industrial business license revocation for license number BU07048000 issued to John W. Mitchell, located at 1742 East Broadway. (District 2)

DISCUSSION
John W. Mitchell holds a commercial/industrial business license issued to the property located at 1742 East Broadway, Long Beach, CA 90802 (Parcel/Tax ID #: 7265-019-052 and 2,454 square footage). The commercial business license was issued in accordance with Long Beach Municipal Code (LBMC) Section 3.80.236 - Tax on Rental of Nonresidential Property. This commercial business license governs the rental of two business addresses on the parcel, 1742 and 1746 East Broadway, Long Beach, CA 90802. The Giving Tree, a medical marijuana dispensary and cultivation site, has been operating at 1742 East Broadway since August 2009. In accordance with LBMC Chapter 5.89, adopted on February 14, 2012, this type of activity is prohibited.

Following multiple attempts by the City to collaborate with the landlord to abate the violation, the Department of Financial Management, in conjunction with the City Attorney's Office, initiated a business license revocation process on July 26, 2012. Following the initial hearing, the hearing officer recommended the Department revoke the business license. On October 23, 2012, the City Council referred the appeal of the commercial/industrial business license revocation for John W. Mitchell, to a hearing officer; the revocation appeal hearing was held on January 9, 2013. At the appeal hearing, both parties agreed to resolve the matter without holding the appeal hearing;, thus, ending the revocation process. The property owner surrendered his existing business license, and withdrew his request to appeal. The hearing officer assigned by the City Clerk's Office facilitated and drafted the agreement which was then approved by all applicable parties.
At the January 9, 2013 app...

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