Chapter V — POLICE REGULATIONS
Clearlake Municipal Code § 5-25 Cannabis Business Regulatory Permit
Clearlake Municipal Code · 2026-09 edition · updated 2026-10-01 · Clearlake
Cite as: Clearlake Municipal Code § 5-25 · Text as of 2026-10-01
5-25.010 Purpose and Intent.¶
Cannabis business facilities shall be permitted, in accordance with the criteria and procedures set forth in this Code, upon application and approval of a regulatory permit pertaining to the operation of the facility. Prior to obtaining a regulatory permit under this section, all applicants must obtain and maintain a cannabis business use permit pertaining to the location of the facility, or show proof of a business relationship as a tenant or subcontractor of an entity holding a cannabis business use permit, which has been validly issued by the City per the Code. (Ord. #229-2019, S5 (Exh. B))
5-25.020 Cannabis Business Facilities.¶
Cannabis business facilities permitted under this section include facilities where cannabis is cultivated, manufactured into cannabis products, tested, and distributed, and the associated activities of planting, growing, harvesting, trimming and grading, and transporting cannabis, subject to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act (“Proposition 64” or “AUMA”), adopted by California voters at the November 2016 Statewide general election, and Senate Bill 94, the Medicinal and Adult Use of Cannabis Regulation and Safety Act (“MAUCRSA” or the “Act”), which created a unified regulatory structure for adult use and medical cannabis, including regulation of nonstorefront cannabis retailers, and all other State laws and regulations pertaining to cultivating, manufacturing, testing, operation of a microbusiness, and distributing of cannabis and cannabis products. (Ord. #229-2019, S5 (Exh. B))
5-25.030 Regulatory Permit Required.¶
a. Prior to initiating operations and as a continuing requisite to operating a cannabis business facility, the legal representative of the persons wishing to operate a cannabis business facility shall first obtain a regulatory permit from the City Manager or designee under the terms and conditions set forth in this section. The legal representative shall file an application with the City Manager or designee upon a form provided by the city and shall pay an application fee as established by resolution adopted by the City Council as amended from time to time. b. The initial regulatory permit application period for cannabis business facilities will not begin until either the City Council approves a development agreement for the site, an operations agreement for a site, or until after the effective date of an approved ballot measure authorizing the taxation of commercial cannabis cultivation, business, distribution, testing, or transportation facilities in the City. (Ord. #229-2019, S5 (Exh. B)) 5-25.040 Cannabis Business Regulatory Permit Application and Responsible Party Designation. a. Application. Applications for regulatory permits shall be filed by the proposed business owner(s) with the City Manager or designee and include the information set forth herein. The City Manager or designee may request such information he or she deems necessary to determine who the applicant is. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator and all responsible parties known at the time (if different than the business owner), and any other party designated below, to the extent the same shall apply: 1. The full name, present address, and telephone number, including such information of the premises owner. 2. Date of birth.
Tax identification number. 4. The address to which notices relating to the application are to be mailed. 5. Previous addresses for the five (5) years immediately preceding the present. 6. The height, weight, color of eyes and hair. 7. Photographs for identification purposes (photographs shall be taken by the Police Department or provide two (2) passport quality photos). 8. All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form. 9. The cannabis operation business history, including whether the business owner and responsible parties while previously operating in this or another city, county or state has had a cannabis-related license revoked or suspended, the reason therefor, and the business or activity or occupation subsequent to such action of suspension or revocation. 10. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application form must be accompanied with a notarized acknowledgment from the premises owner that cannabis operations will occur on its property. 11. A descriptive business plan for the cannabis operation, including a detailed list of all cannabis business operations and activities proposed to occur on the premises. 12. A diagram and floor plan of the entire premises, denoting all the use of areas proposed for cannabis operations, including, but necessarily limited to, cultivation, processing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be prepared by a licensed professional, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6") inches. 13. The name or names of the operator. The operator shall designate one (1) or more responsible parties, one (1) of which shall at all times be available as a point of contact for the City, twenty-four (24) hours per day. The contact information and schedule of the operator and responsible parties shall be provided to the City Manager or designee and updated within twenty-four (24) hours of any changes. 14. The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft. 15. An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the operational requirements. 16. Authorization for the City, its agents and employees to seek verification of the information submitted.
b. Improper or Incomplete Application. If the applicant has completed the application improperly, or if the application is incomplete, the City Manager or designee shall, within thirty (30) days of receipt of the original application, notify the applicant of such fact. c. Changes in Information. Except as may otherwise be provided, the information provided in this subsection shall be updated to the City Manager or designee upon any change within ten (10) days. d. Other Permits or Licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit. e. Term of Permits and Renewals. Regulatory permits issued under this section shall expire one (1) year following the date of issuance. Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in subsection 5-25.030a. f. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the City Manager or designee shall renew annual permits for additional one (1) year periods if the circumstances and information provided with the initial application have not materially changed. g. Grounds for Denial of Regulatory Permit. The grounds for denial of a regulatory permit shall be one (1) or more of the following: 1. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation. 2. The business owner or operator has been issued a local or State permit related to cannabis operations in any other location in California, or another state, and that permit was suspended or revoked, or the business owner or operator has had disciplinary action relating to the permit. 3. The business owner or operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application. 4. Consistent with the Act or other applicable State law, the business owner or operator, or any responsible person, has been: (a) Convicted of a serious or violent offense as listed under California Penal Code Sections 667.5 and 1192.7(c); or (b) Convicted of any of the offenses listed in Business and Professions Code Section 19323; or (c) Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or (d) Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a certificate of rehabilitation as defined in the Act; or
(e) Has engaged in misconduct related to the qualifications, functions and duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under the Act. (f) A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere. 5. Consistent with the Act or other applicable State law, the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 6. The business owner or operator is under twenty-one (21) years of age, or any older other age set by the State. 7. The cannabis operation does not comply with the zoning ordinance standards of the City of Clearlake. 8. The required annual business license fee, annual regulatory fee or other applicable revenue raising fee has not been paid. 9. The City shall deny an application that fails to meet the requirements as set forth in this section, or for any reason set forth in Section 26057 of the California Business and Professions Code. h. Notice of Decision and Final Action. Action on the regulatory permit shall be as follows: 1. The City Manager or designee shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the Planning Commission will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. 2. Following a public hearing before the Planning Commission, the Commission may grant the regulatory permit subject to such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community, or it may deny the issuance of the regulatory permit for any of the grounds specified in this section. The decision of the Commission may be appealed to the City Council following the procedures set forth in Article 18-36. i. Suspension and Revocation of Regulatory Permit. 1. Regulatory Permit. The City Manager may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur: (a) The cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable State law. (b) The cannabis operation is conducted in such a manner as to create a public or private nuisance. (c) A failure to pay the regulatory fee required by this section.
(d) A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside or outside the premises, traffic control problems, or obstruction of the operation of another business. (e) A failure to comply with the terms and conditions of the regulatory permit or any cannabis business special use permit issued in connection therewith. (f) Any act which would be considered grounds for denial of the regulatory permit in the first instance. 2. Procedure for Suspending or Revoking Regulatory Permits. The City shall provide notice to a permittee when the City Manager intends to suspend or revoke a regulatory permit. Such notice shall be served no less than twenty-one (21) days before the effective date of the suspension or revocation. The notice shall contain a brief statement of the grounds for revoking or suspending the regulatory permit. Notice may be given either by personal delivery to the permittee (in which case, service shall have deemed to have been effected upon delivery of the notice), or by certified U.S. mail in a sealed envelope, postage prepaid, return receipt requested addressed to permittee at the address appearing on his/her regulatory permit application (in which case, service shall be deemed to have been effected on the date the receipt indicates delivery was accomplished). The notice shall advise the permittee of their right to contest the proposed action pursuant to Section 5-25.210. A request for an appeal hearing shall be submitted and received by the City no later than the effective date of the suspension or revocation. Upon receipt of the request, the City will stay the proposed action, pending a hearing. Failure to submit a timely appeal hearing shall constitute a waiver of appeal rights by the permittee. The above procedures shall not apply to an immediate suspension or revocation pursuant to this subsection; however, the notice shall include the basis for the action, appeal rights, and be served in the manner described above. An appeal of an immediate suspension or revocation shall not stay the action; however, the City shall hold a hearing within seven (7) days of receipt of the appeal hearing, not including holidays. 3. Immediate Suspension. The City Manager or designee may immediately suspend or revoke a regulatory permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances: (a) The business owner or operator is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation. (b) The City Manager or designee determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The City Manager or designee shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension. j. Effect of Denial or Revocation. When the City Council shall have denied a regulatory permit, or the City Manager revoked a regulatory permit, no new application for a regulatory permit shall be accepted and no regulatory permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one (1) year after the action denying or revoking the regulatory permit. k. Abandonment. In addition to the suspension or revocation of a regulatory permit, a regulatory permit shall be deemed abandoned if cannabis operations cease for a period of more than ninety (90) consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety (90) day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the “public enemy”; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee. (Ord. #229-2019, S5 (Exh. B); Ord. #240-2020, S3 - S5)
5-25.050 Limitations on City’s Liability.¶
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any regulatory permit pursuant to this section or the operation of any cannabis business facility approved pursuant to this section. As a condition of approval of a regulatory permit as provided in this section, the applicant or its legal representative shall: a. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the cannabis business facility; b. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee; c. Name the City as an additionally insured on all City required insurance policies as set forth in the City’s standards for insurance coverage; d. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a regulatory permit; and e. Agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to the City’s approval of a regulatory permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. (Ord. #229-2019, S5 (Exh. B))
5-25.060 Additional Terms and Conditions.¶
Based on the information set forth in the application, the City Manager or designee may impose reasonable terms and conditions on the proposed operations of the cannabis business facility in addition to those specified in this section. (Ord. #229-2019, S5 (Exh. B))
5-25.070 Hours.¶
All cannabis business shall be allowed to operate per the requirements of the underlying zone district or the use permit, whichever is the most restrictive, and subject to the City’s noise and nuisance ordinances. (Ord. #229-2019, S5 (Exh. B))
5-25.080 Cannabis Secured.¶
All cannabis and cannabis products shall be kept in a secured manner during business and non-business hours. (Ord. #229-2019, S5 (Exh. B))
5-25.090 Consumable Cannabis Products.¶
Cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the State Department of Public Health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the State. (Ord. #229-2019, S5 (Exh. B))
5-25.100 Taxes to Be Paid.¶
All cannabis business facilities must pay any applicable sales tax or other tax imposed pursuant to Federal, State, and local law. (Ord. #229-2019, S5 (Exh. B))
5-25.110 Point of Sale System.¶
Cannabis business facilities shall have an electronic point of sale system that produces historical transactional data for review by the City Manager or designee for auditing purposes. (Ord. #229-2019, S5 (Exh. B))
5-25.120 Odor Control.¶
Cannabis business facilities shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business facility that is distinctive to its operation is not detected outside the cannabis business facility, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business facility. As such, cannabis business facilities must install and maintain the following equipment or any other equipment which the City Manager or designee determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or b. An air system that creates negative air pressure between the cannabis business facility’s interior and exterior so that the odors generated inside the cannabis business facility are not detectable outside the cannabis business facility. (Ord. #229-2019, S5 (Exh. B))
5-25.130 Records.¶
a. All cannabis business facilities shall perform an inventory on the first business day of each month and shall record the total quantity of each form of cannabis on the premises. These records shall be maintained for two (2) years from the date created and shall be made available to the City Manager or designee upon request. b. Register of Employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be available to the City Manager or designee at all times immediately upon request. (Ord. #229-2019, S5 (Exh. B))
5-25.140 Community Relations Contact.¶
Each cannabis business facility shall provide the City Manager or designee with the name, phone number, facsimile number, and email address of an on-site community relations or staff person or other representative to whom the City can provide notice if there are operating problems associated with the cannabis business facility or refer members of the public who may have any concerns or complaints regarding the operation of the cannabis business facility. Each cannabis business facility shall also provide the above information to its neighbors located within one hundred (100') feet of the cannabis business facility as measured in a straight line without regard to intervening structures, between the front doors of each establishment. (Ord. #229-2019, S5 (Exh. B))
5-25.150 Compliance.¶
All cannabis business facilities and their related collectives or cooperatives shall fully comply with all the provisions of the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the 2008 Attorney General Guidelines, the Medicinal and Adult Use of Cannabis Regulation and Safety Act (“MAUCRSA”), all applicable provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval of the regulatory permit. (Ord. #229-2019, S5 (Exh. B))
5-25.160 Inspections and Enforcement.¶
a. Recordings made by security cameras at any cannabis business facility shall be made immediately available to the Police Chief upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials. b. Subject to provisions of the regulatory permit regarding the use and handling of confidential information below, the permittee shall provide IP access for remote monitoring of security cameras by the Clearlake Police Department or Department designee. c. The City Manager or designee shall have the right to enter all cannabis business facilities from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this section. d. Operation of the cannabis business facility in noncompliance with any conditions of approval or the provisions of this section shall constitute a violation of the Municipal Code and shall be enforced pursuant to the provisions of this Code. e. The City Manager or designee may summarily suspend or revoke a cannabis business regulatory permit if any of the following, singularly or in combination, occur: 1. The City Manager or designee determines that the cannabis business facility has failed to comply with this chapter or any condition of approval or a circumstance or situation has been created that would have permitted the City Manager designee to deny the permit under Section 5-25.040g. 2. Operations cease for more than ninety (90) calendar days, including during change of ownership proceedings; 3. Ownership is changed without securing a regulatory permit; 4. The cannabis business facility fails to maintain two hundred forty (240) continuous hours of security recordings; or 5. The cannabis business facility fails to allow inspection of the security recordings, the activity logs, or the premises by authorized city officials. (Ord. #229-2019, S5 (Exh. B); Ord. #240-2020, S2)
5-25.170 Confidentiality Statement.¶
The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the premises and video and/or audio feeds or recordings of the premises (“recipients”) may receive or be provided with confidential information relating to the cannabis operations, which may include the following: data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively “confidential information”).
To the extent confidential information is acquired without a warrant from access to the premises and video and/or audio feeds or recordings as authorized under this section, the recipients shall, to the maximum extent possible, keep such confidential information confidential and not disclose the confidential information to any third parties. Provided, however, that the recipients may disclose confidential information to the State or Federal courts in California in connection with any criminal law enforcement action against the business owner or operator, (including its employees, contractors and agents conducting business within the premises) arising from or related to the cannabis operations, but only to the extent it is necessary and relevant to such criminal prosecution, and the recipients shall file any such documents under seal to the extent they contain any confidential information. Notwithstanding the foregoing, the City may disclose confidential information: a. As may be required by the California Public Records Act or pursuant to a civil subpoena, provided, however, the City shall notify the operator and provide the operator with a reasonable opportunity to obtain a protective order before disclosing the confidential information. b. In connection with any City enforcement proceeding relating to compliance with City’s Municipal Code and this section, but only to the extent the confidential information is relevant to the proceeding. (Ord. #229-2019, S5 (Exh. B))
5-25.180 Permits Not Transferable.¶
Regulatory permits issued pursuant to this section are not transferable. (Ord. #229-2019, S5 (Exh. B))
5-25.190 Violations.¶
a. Any violation of any of the provisions of this section is unlawful and a public nuisance. b. A separate offense occurs for each day any violation of this section is continued and/or maintained. c. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the City may pursue any proceedings or remedies otherwise provided by law. (Ord. #229-2019, S5 (Exh. B))
5-25.200 Definitions.¶
ACT means the Medicinal and Adult Use of Cannabis Regulation and Safety Act. APPLICANT means a person who is required to file an application for a permit under this section. AUMA means the Adult Use of Marijuana Act, approved by California voters in November 2016, with the express purpose to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products. Adults, age twenty-one (21) and older, will be allowed to possess marijuana and grow certain amounts at home for personal use. BUSINESS OWNER means the owner(s) of the cannabis business operation. For corporations and limited liability companies, business owner means the president, vice president, and any shareholder owning a ten (10%) percent or greater share of the corporation or company. For partnerships, business owner means all general partners and managing partners. CANNABIS or MARIJUANA shall have the meaning set forth in California Business and Professions Code Section 19300(f). “Cannabis” and “marijuana” may be used interchangeably, but shall have the same meaning. CANNABIS BUSINESS FACILITY or CANNABIS OPERATION(S) means a cannabis business facility where cannabis is planted, grown, harvested, dried, cured, graded, trimmed, manufactured into cannabis products, tested, distributed, transported, or a microbusiness as defined at Article 18-45. CANNABIS BUSINESS REGULATORY PERMIT or REGULATORY PERMIT means the permit required under Section 5-25 and Article 18-43 to operate a cannabis business facility, or to undertake any subcomponent of cannabis business which is done within the cannabis business facility by a subcontractor or tenant of the holder of a cannabis business special use permit. CITY means the City of Clearlake. OPERATOR means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations. POLICE CHIEF means the Police Chief of the City of Clearlake or his or her designee. PREMISES or SITE means the actual building(s), and/or designated units/suites, as well as any accessory structures, parking areas, or other immediate surroundings, and includes the entire parcel of property used by the business owner in connection with the cannabis operations. PREMISES OWNER means the fee owner(s) of the premises where cannabis operations are occurring. RESPONSIBLE PARTY shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis operations. (Ord. #229-2019, S5 (Exh. B))
5-25.210 Administrative Hearing.¶
The following procedures shall apply to an appeal of a proposed or immediate suspension or revocation of a regulatory permit. The City Manager, or their designee, shall serve as the hearing officer and their decision shall be final. a. Administrative Hearing.
Upon receipt of a valid request for hearing regarding a suspension or revocation of a regulatory permit, a hearing shall be set for a date that is not less than five (5) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the appellant and other responsible parties to appear and show cause why the proposed action should not be imposed. The notice of the hearing shall be sent by first class mail postage prepaid, return receipt requested. 2. The Hearing Officer may, in their discretion, grant or deny a continuance of the hearing date upon a request by the appellant or the City and a showing of good cause. b. Failure to Attend a Hearing. 1. If the appellant or their representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the Hearing Officer shall find the appellant in default, and shall issue a written notice to that effect. A default under this subsection shall constitute a waiver of any right to challenge the proposed action. A default under this section shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Hearing Officer at the request of the appellant upon a showing of good cause for failing to appear at the administrative hearing. 2. An appellant who has requested an administrative hearing to challenge the proposed action may request in writing that their challenge be withdrawn, and the hearing cancelled. Upon receipt of a request to withdraw a challenge, the City shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal shall constitute a waiver of any right to challenge the proposed action. A withdrawal shall also be a bar to judicial review of the Hearing Officer decision based upon failure to exhaust administrative remedies. c. Procedures at the Administrative Hearing. 1. A Hearing Officer shall preside at the hearing and hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the City. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. 2. The Hearing Officer shall only consider evidence that is relevant to whether there is cause, as defined in Section 5-25.040i, for the suspension or revocation. The City bears the burden of proof at an administrative hearing. The Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues. 3. The notice of suspension or revocation documents submitted by the City shall be accepted by the Administrative Hearing Officer as prima facie evidence of the respective facts contained in those documents. 4. Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction
The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code. of the Administrative Hearing Officer. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Hearing Officer. 5. The Hearing Officer may continue the hearing as necessary. The decision of the Hearing Officer shall be final upon adoption of an order containing its determination. 6. The Hearing Officer’s decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code Section 53069.4. The failure of a responsible party to appear at the administrative hearing shall be deemed a failure to exhaust administrative remedies. d. Decision of the Hearing Officer. 1. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall, within fifteen (15) days thereafter, render a decision in writing. The decision rendered is not exclusive and does not preclude or foreclose the City Attorney’s Office from pursuing any and all other remedies provided by law. 2. The notice shall include the reasons for the decision and be served by first-class mail, postage prepaid, on the appellant at the address he or she provided in the request for hearing. e. The time requirement for filing a request for hearing form shall be deemed jurisdictional and may not be waived. If no timely appeal is filed, the revocation or suspension is final. (Ord. #240-2020, S6)
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