TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, and approve the hearing officer’s recommendation to uphold the denial of the business license application MJ21701203 submitted by Seaside Medical Group, Inc., for a medical marijuana business located at 1529 West Pacific Coast Highway. (District 1)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires a hearing be held before the City Council whenever the denial of a business license application is appealed.
On October 10, 2017, the City Council referred the appeal of the business license application denial for Seaside Medical Group, Inc. (Seaside), to a hearing officer and the appeal hearing was held on November 7, 2017.
LBMC Section 2.93.050 requires that 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. 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 Jennifer L. King’s written report and the Appeal Hearing Packet (Attachment). Hearing Officer King recommends the denial of the business license application MJ21701203 submitted by Seaside be upheld due to the proposed business location being within 1,000 feet of a public or private school.
On February 21, 2017, Seaside submitted a business license application to operate a medical marijuana dispensary at 1529 West Pacific Coast Highway (Exhibit 2 to Attachment). On August 16, 2017, the Department of Financial Management denied the business license application due to failure to comply with the location requirements pursuant to LBMC Section 5.90.030, which states: “No Medical Marijuana Busi...
Click here for full text