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HomeMy WebLinkAboutRES 23-7389 (CANNABIS PERMIT APPLICATION FEE)Page 1 of 2 RES NO. 23-7389 CITY OF HERMOSA BEACH RESOLUTION NO. 23- 7389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING THE CITY MASTER FEE SCHEDULE TO ESTABLISH A CANNABIS DELIVERY PERMIT APPLICATION FEE AND ESTABLISHING THE RATE OF FINE(S) FOR AN ADMINISTRATIVE CITATION UNDER HERMOSA BEACH MUNICIPAL CODE SECTION 1.10.040 RELATED TO CANNABIS DELIVERY Whereas, at its September 13, 2022 meeting, City Council adopted an ordinance to add Chapter 5.80 to the Hermosa Beach Municipal Code, to allow cannabis delivery into the City from businesses located outside the City, and to amend Section 1.10.040 to add that violations are subject to administrative penalty procedures; Whereas, Hermosa Beach Municipal Code Chapter 5.80 stipulates that an application shall be accompanied by an application fee adopted by resolution of the City Council; Whereas, staff calculated the actual time and cost associated with the processing of a cannabis delivery permits application to ensure full cost recovery for providing the service; and Whereas, as a penalty designed to encourage and obtain compliance, fines are not based on cost recovery but rather set at an amount that would deter non-compliant activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Staff recommends City Council amend the City’s Master Fee Schedule to establish a Cannabis Delivery Permit Application Fee at the rate of $702; and SECTION 2. Staff recommends City Council establish the rate of fine(s) for an administrative citation under Hermosa Beach Municipal Code Section 1.10.040 related to cannabis delivery at $20,000 per occurrence and authorize the City Manager to approve a waiver for a first-time offense if a true and complete application for a lawful permit is made by the violating business operator. DocuSign Envelope ID: 26B8E7A4-94D5-45FA-BE07-3BF204CB7638 Page 2 of 2 RES NO. 23-7389 PASSED, APPROVED and ADOPTED on this 12th day of September, 2023. Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla, MPA, CMC Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: 26B8E7A4-94D5-45FA-BE07-3BF204CB7638 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) October 2, 2023 Certification of Council Action RESOLUTION NO. 23-7389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING THE CITY MASTER FEE SCHEDULE TO ESTABLISH A CANNABIS DELIVERY PERMIT APPLICATION FEE AND ESTABLISHING THE RATE OF FINE(S) FOR AN ADMINISTRATIVE CITATION UNDER HERMOSA BEACH MUNICIPAL CODE SECTION 1.10.040 RELATED TO CANNABIS DELIVERY I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. 23-7389 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 12th day, September 2023 and passed by the following vote: AYES: MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, and COUNCILMEMBER SAEMANN NOES: COUNCILMEMBERS DETOY and FRANCOIS ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla, MPA, CMC City Clerk DocuSign Envelope ID: 26B8E7A4-94D5-45FA-BE07-3BF204CB7638