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Recommendation to receive supporting documentation into the record, conclude the hearing, and approve the hearing officer’s recommendation to deny the business license MJ21701137 submitted by Long Beach Cannabis Club for a medical marijuana business located at 5752 East 2nd Street, but reject the hearing officer’s finding that Naples Canals are not a “public park” as defined under Chapter 5.90 of the Long Beach Municipal Code. (District 3)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires a hearing be held before the City Council whenever the denial of a business license is appealed.
On July 18, 2017, the City Council referred the appeal of the business license denial for Long Beach Cannabis Club to a hearing officer and the appeal hearing was held on August 14, 2017.
LBMC Section 2.93.050 requires the City Council set a time for a hearing to review and consider the hearing officer’s report and recommendation. After review of the hearing officer’s report, the City Council may adopt, reject or modify the recommended decision. In its discretion, the City Council may take additional evidence at the hearing or refer the case back to the hearing officer with instructions to consider additional evidence.
Attached for your review is Hearing Officer Larry Minsky’s written report (Exhibit A), the Appeal Hearing Packet (Exhibit B), Appellant Long Beach Cannabis Club’s Brief (Exhibit C), and the City’s Brief (Exhibit D).
Hearing Officer Minsky recommends upholding the denial of the business license application MJ21701137 submitted by Long Beach Cannabis Club due to the proposed business location being within 1,000 feet of a public beach.
On February 22, 2017, Long Beach Cannabis Club submitted a business license application to operate a medical marijuana dispensary at 5752 E. 2nd Street (Exhibit A1). On May 31, 2017, the Department of Financial Management denied the business license application due to the proposed business location being within 1,000 ...
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