Jacob Bell
New Member
Long Beach, CA.- And it's finally over?
The City Council passed the second, and final, reading of an amended ordinance to regulate medical marijuana collectives during its Tuesday meeting – putting an end to a process that has lasted more than a year, although the city still will have to deal with pending litigation and forcing collectives to comply with the new law.
The vote was 5-4, with Sixth District Councilman Dee Andrews, Seventh District Councilman James Johnson, Eighth District Councilwoman Rae Gabelich and Ninth District Councilman Steven Neal dissenting.
The council passed the following rules:
- Collectives will not be allowed to exist within 1,000 feet of parks (in addition to the 1,000-foot restriction to elementary and middle schools, 1,500 feet from high schools and 1,000 feet from other collectives). However, beaches were stricken from the definition of parks.
- There will be a 45-day public comment period regarding the propriety of issuing a permit for a particular location. There will be a City Council hearing within 60 days after the 45-public hearing period.
- Each approved collective will need to install and maintain video surveillance equipment that will allow the police department to monitor the exterior grounds for the purpose of looking into criminal and nuisance activity.
- Collective hours will be limited to between 9 a.m. and 7 p.m.
- Each collective will be required to submit an annual audited report prepared by a CPA that will detail statements including revenue, operational costs and expenditures.
- There will be a one-year moratorium on accepting any new applications starting immediately. The council voted 7-2 for the moratorium, with Andrews and Gabelich dissenting.
The original law had been enacted in the late summer, eliminating many of an estimated 90-plus collectives through an application and lottery process. After the lottery, the number of potential collectives was reduced to 32.
Then in early November, Third District Councilman Gary DeLong, Fifth District Councilwoman Gerrie Schipske and Fourth District Councilman Patrick O'Donnell introduced an agenda item for further restrictions. The council decided to enact the park buffers. It was believed at the time that an additional nine collectives would be eliminated with the newer restrictions added.
According to Johnson, this final reading will allow a total of 26 collectives within Long Beach – 24 located west of Redondo Avenue and two east of it.
"This amendment essentially bans medical marijuana collectives on the east side while allowing them to proliferate on the west side," Johnson said, reiterating his suggestion to cap collectives at two per district – an item that has failed to gain traction with the council.
Gabelich and Neal each said they wished to return to the ordinance agreed upon that spawned the lottery. The new rules "change the playing field mid-stream," Gabelich said, and they do not offer newly displaced collectives – those that won the initial lottery – a chance to re-locate
Attorney Jamie Hall spoke during the public comment portion of the agenda item, imploring the City Council to pull the item. Hall said he is representing Natural Herbal Solutions, Herbal Solutions Naples and One Source Discount Caregivers.
Hall said the new regulations would leave the city open to litigation from his collectives through its failure to refer to the Planning Commission, violations of procedural due process, issues with "spot zoning" and violations of collectives' equal protection rights through unreasonable discrimination against those that were successful in the city's lottery process – among other issues.
Assistant City Attorney Mike Mais said that the city currently is facing eight civil cases regarding the ordinance – the newest of which was filed on Jan. 10 and involved three collectives. So far, no preliminary injunctions have been granted, he said.
Several council members expressed dissatisfaction with collectives that had not closed yet, despite violating the currently adopted ordinance.
"Why aren't we shutting them down?" O'Donnell said. "Why is this such a prolonged process?"
Mais said that with a final reading passed, it should become easier for law officials to begin the process of closing down those collectives that are not complying with the law – something that may have to be done through civil litigation and numerous administrative citations.
The ordinance will be effective 30 days after Tuesday's passing. The city will be responsible for following through on inspections and allowing a 45-day public hearing process for any qualifying collective. Those collectives will then go before the council for a permit hearing within 60 days of the public comment period closing.
News Hawk- GuitarMan313 420 MAGAZINE
Source: gazettes.com
Author: Jonathan Van Dyke
Contact: gazettes.com: Contact
Copyright: © Copyright 2011, gazettes.com
Website: Council Sticks With New Marijuana Rules - gazettes.com: Government
The City Council passed the second, and final, reading of an amended ordinance to regulate medical marijuana collectives during its Tuesday meeting – putting an end to a process that has lasted more than a year, although the city still will have to deal with pending litigation and forcing collectives to comply with the new law.
The vote was 5-4, with Sixth District Councilman Dee Andrews, Seventh District Councilman James Johnson, Eighth District Councilwoman Rae Gabelich and Ninth District Councilman Steven Neal dissenting.
The council passed the following rules:
- Collectives will not be allowed to exist within 1,000 feet of parks (in addition to the 1,000-foot restriction to elementary and middle schools, 1,500 feet from high schools and 1,000 feet from other collectives). However, beaches were stricken from the definition of parks.
- There will be a 45-day public comment period regarding the propriety of issuing a permit for a particular location. There will be a City Council hearing within 60 days after the 45-public hearing period.
- Each approved collective will need to install and maintain video surveillance equipment that will allow the police department to monitor the exterior grounds for the purpose of looking into criminal and nuisance activity.
- Collective hours will be limited to between 9 a.m. and 7 p.m.
- Each collective will be required to submit an annual audited report prepared by a CPA that will detail statements including revenue, operational costs and expenditures.
- There will be a one-year moratorium on accepting any new applications starting immediately. The council voted 7-2 for the moratorium, with Andrews and Gabelich dissenting.
The original law had been enacted in the late summer, eliminating many of an estimated 90-plus collectives through an application and lottery process. After the lottery, the number of potential collectives was reduced to 32.
Then in early November, Third District Councilman Gary DeLong, Fifth District Councilwoman Gerrie Schipske and Fourth District Councilman Patrick O'Donnell introduced an agenda item for further restrictions. The council decided to enact the park buffers. It was believed at the time that an additional nine collectives would be eliminated with the newer restrictions added.
According to Johnson, this final reading will allow a total of 26 collectives within Long Beach – 24 located west of Redondo Avenue and two east of it.
"This amendment essentially bans medical marijuana collectives on the east side while allowing them to proliferate on the west side," Johnson said, reiterating his suggestion to cap collectives at two per district – an item that has failed to gain traction with the council.
Gabelich and Neal each said they wished to return to the ordinance agreed upon that spawned the lottery. The new rules "change the playing field mid-stream," Gabelich said, and they do not offer newly displaced collectives – those that won the initial lottery – a chance to re-locate
Attorney Jamie Hall spoke during the public comment portion of the agenda item, imploring the City Council to pull the item. Hall said he is representing Natural Herbal Solutions, Herbal Solutions Naples and One Source Discount Caregivers.
Hall said the new regulations would leave the city open to litigation from his collectives through its failure to refer to the Planning Commission, violations of procedural due process, issues with "spot zoning" and violations of collectives' equal protection rights through unreasonable discrimination against those that were successful in the city's lottery process – among other issues.
Assistant City Attorney Mike Mais said that the city currently is facing eight civil cases regarding the ordinance – the newest of which was filed on Jan. 10 and involved three collectives. So far, no preliminary injunctions have been granted, he said.
Several council members expressed dissatisfaction with collectives that had not closed yet, despite violating the currently adopted ordinance.
"Why aren't we shutting them down?" O'Donnell said. "Why is this such a prolonged process?"
Mais said that with a final reading passed, it should become easier for law officials to begin the process of closing down those collectives that are not complying with the law – something that may have to be done through civil litigation and numerous administrative citations.
The ordinance will be effective 30 days after Tuesday's passing. The city will be responsible for following through on inspections and allowing a 45-day public hearing process for any qualifying collective. Those collectives will then go before the council for a permit hearing within 60 days of the public comment period closing.
News Hawk- GuitarMan313 420 MAGAZINE
Source: gazettes.com
Author: Jonathan Van Dyke
Contact: gazettes.com: Contact
Copyright: © Copyright 2011, gazettes.com
Website: Council Sticks With New Marijuana Rules - gazettes.com: Government
