Contra Costa County Municipal Code Art. 413-4.8 Commercial Cannabis Health Permit Enforcement

(a) Grounds for Revocation. A commercial cannabis health permit may be revoked on any of the following grounds:

(1) One or more of the grounds for denial of a commercial cannabis health permit under Section 413-4.408 existed either when the permit application was made or before the commercial cannabis health permit was issued.

(2) Any violation of this chapter.

(3) Any violation of state or local laws or regulations.

(4) The permittee is delinquent in payment of county taxes.

(5) The commercial cannabis health permit was transferred in violation of Section 413-4.414.

(b) Notice of Revocation Hearing. If any grounds for revocation exist, the director may issue a notice of revocation hearing. A written notice of revocation hearing will be served to the permittee by either personal service or regular United States mail and will include all of the following information:

(1) The date of the violation.

(2) The address or other description of the location where the violation occurred.

(3) The grounds for revocation.

(4) The date of the revocation hearing before the director.

(c) Revocation Hearing. A commercial cannabis health permit may be revoked by the director after a revocation hearing. At the hearing, the permittee will be given the opportunity to testify and to present evidence concerning the notice of revocation hearing. After considering the testimony and evidence submitted at the hearing, the director will issue a written decision to revoke or not revoke the commercial cannabis health permit and will list in the decision the reason or reasons for the decision. The written decision will be served by either personal service or regular United States mail.

(d) Revocation Appeal. The decision of the director to revoke a commercial cannabis health permit is appealable to the board of supervisors under Chapter 14-4.

(e) Final Order. The commercial cannabis health permit revocation becomes a final administrative order at one of the following times:

(1) On the date of the revocation hearing, if the permittee fails to appear at a scheduled revocation hearing.

(2) On the date the director's decision is served, if the permittee fails to file a written appeal to the board of supervisors within the time specified.

(3) On the date of the appeal hearing, if the permittee fails to appear at a scheduled appeal hearing before the board of supervisors.

(4) On the date of the decision by the board of supervisors, if the permittee appears at a scheduled appeal hearing before the board of supervisors.

(f) If a permit is revoked under this section, the permittee may file a new permit application pursuant to Section 413-4.404, after remedying the grounds upon which the permit was revoked.

(Ord. No. 2018-23, § II, 8-7-18)

The county shall have the same rights of access that the Bureau of Cannabis Control has under Title 16, California Code of Regulations, section 5800. A permittee shall allow access to its premises and records if requested by the county, its officers, employees, or agents. A permittee, upon request, shall submit to an inspection by the county for the purpose of verifying the permittee is operating in compliance with the requirements of this chapter, the terms of a permit issued under this chapter, the state license, and all applicable requirements of this Code and state laws and regulations. A permittee, upon request, shall provide the county with copies of records that the county requires to verify the permittee's compliance with this chapter and other applicable requirements of this Code and state laws and regulations. A permittee must pay the applicable inspection fees for each county inspection.

(Ord. No. 2018-23, § II, 8-7-18)

The county may seek compliance with this chapter by any remedy allowed under this code, including, but not limited to, revocation (Section 413-4.802), administrative fines (Chapter 14-12), infraction citations (Section 14-8.008), and any other remedy allowed by law.

(Ord. No. 2018-23, § II, 8-7-18)