A. Qualification—Ranking of Retailers and Cultivators. A decision of the city to not qualify an applicant for a commercial cannabis operator permit, or to rank applicants for retail or cultivation licenses, or to allow qualified applicants with the highest rankings the first opportunity to apply for a commercial cannabis operator permit, shall be the final action of the city and not appealable.

B. Nonrenewal, Revocation or Suspension. A decision of the city to reject an application for renewal, or to revoke or suspend a commercial cannabis operator permit, is appealable to the city manager. An appeal must be filed with the city manager within ten working days after the renewal has been denied, suspended or revoked. A decision of the city manager or his or her designee is appealable to the city council in accordance with Chapter 1.20.

C. Effect of Suspension. During a period of license suspension, the commercial cannabis business shall remove from public view all cannabis and cannabis products, and shall not conduct any commercial cannabis activity.

D. Revocation—Notice to State. Pursuant to Business and Professions Code Section 26200(c), the city manager or his or her designee shall promptly notify the Bureau of Cannabis Control within the Department of Consumer Affairs upon the city’s revocation of any local license, permit, or authorization for a state licensee to engage in commercial cannabis activity within the city.

E. Revocation—Prior to Operator Permit Activation. A decision of the city to void, nullify or terminate an operator permit before the operator permit has been activated in accordance with Section 9.10.090(E) shall be the final action of the city and not appealable, except as set forth in this section. If the date of discovery is prior to activation of the operator permit, the applicant shall be provided notice of automatic disqualification and voidance/nullification/termination of the operator permit and given an opportunity to respond to the determinations in writing and/or in an informal hearing before the city manager, upon written request within ten days following notification. The determination of the city manager shall be final with no further right of appeal. (Ord. 1722 § 4, 2022; Ord. 1647 § 4 (Exh. A (part)), 2018)