Long Beach, CA
File #: 19-1221    Version: 1 Name: FM - Refer to Hearing Officer BL application denial for LB City Farms D9
Type: Agenda Item Status: Approved
File created: 11/18/2019 In control: City Council
On agenda: 12/10/2019 Final action: 12/10/2019
Title: Recommendation to refer to a Hearing Officer the business license application denial appeal by LB City Farms, LLC, to operate a business, located at 3333 East 59th Street. (District 9)
Sponsors: Financial Management
Attachments: 1. 121019-C-6sr&att.pdf
TITLE
Recommendation to refer to a Hearing Officer the business license application denial appeal by LB City Farms, LLC, to operate a business, located at 3333 East 59th Street. (District 9)

DISCUSSION
On October 7, 2019, the Department of Financial Management denied the business license applications for LB City Farms, LLC (Applicant), to operate a medical and adult-use cannabis cultivation and manufacturing facility at 3333 E. 59th Street (Property) (Attachment A), due to failure of the business to comply with applicable laws and regulations, pursuant to Long Beach Municipal Code (LBMC) Section 3.80.210 and Section 5.92.210 (Attachment B).

On October 18, 2019, the Applicant filed an appeal of the business license application denial (Attachment C).

Pursuant to LBMC Section 3.80.210, it is unlawful for any person to carry on any business without having procured a business license. Due to the determination that an illegal cannabis establishment was operating upon the subject Property, and a valid business license had not been issued, the applications submitted by the Applicant for the Property located at 3333 E. 59th Street were denied.

Pursuant to LBMC Section 3.80.421.6, an applicant for a business license whose application for such license has been denied by the Director of Financial Management may appeal to the City Council. Whenever it is provided that a hearing shall be heard by the City Council, the City Council may, at its discretion, conduct the hearing itself or refer it to a hearing officer, in accordance with LBMC 2.93.050(A). If the matter is referred, the City Council shall set the hearing to be held not less than 20 days thereafter.

This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on November 18, 2019.

TIMING CONSIDERATIONS
If referred, upon selection of a hearing officer, the matter will be heard not less than 20 days thereafter.

FISCAL IMPACT
There is no fiscal or local job impact associated with this item.

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