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11/09/2020 2. The cannabis business is being operated in a manner that constitutes a public nuisance, as defined in the Municipal Code or Sections 3479 and 3480 of the California Civil Code, on or within three hundred (300) feet of the premises. 3. The permittee has ceased to operate for thirty (30) consecutive days or more. 4. The permittee, and/or an owner, manager, and/or employee of the permittee, has been convicted of an offense that is listed in Section 32.161(13)(3). 5. The permittee has been convicted, cited, fined, or penalized by the State or any city, county, or city and county, or enjoined by any court of law for any unauthorized, unpermitted, or unlawful cannabis activities. 6. The permittee has been convicted, cited, fined, or penalized by the State or any city, county, or city and county, or enjoined by any court of law for cultivation or production of a controlled substance on public or private lands. 7. The cannabis business is being operated in a manner, which conflicts with or violates state cannabis laws. 8. The permittee's cannabis use permit issued pursuant to Article 42 of the Zoning Code has been terminated or revoked. 9. The permittee's state license has been suspended, terminated, or revoked. 10. The Assistant City Manager determines that the permittee's application contained a material falsehood or misrepresentation and/or omission of information required by these regulations, any applicable City Manager regulations, and/or the approved application form. B. Effective revocation. Any cannabis business permit revoked pursuant to this subsection shall be deemed to be expired and shall no longer entitle the permittee to any privileges authorized by the cannabis business permit. Section 9. Section 32.164 of the Division 7 of Article V of Chapter 32 of the Municipal Code is hereby amended to read as follows: Sec. 32.164. - APPEAL: A. Appeal from decision regarding a cannabis business permit. 1. Any in+eFestea aggrieved person may appeal a decision by the Assistant City Manager or his or her designee to deny, suspend, or revoke a cannabis business permit. All such appeals shall be to the Hearing Officer C.i+y–"nageF ,heFd, , except as provided in subsection (B). 2. An appeal under this Division shall be made in writing on forms approved by the City Manager and shall state the grounds for the appeal. 3. An appeal shall be submitted to the City Clerk within ten (10) City working days of the decision that is being appealed, along with any accompanying appeal fee. 4. Upon receiving a written appeal, the Hearing Officer City AAnagec — his or heF designee, shall schedule the appeal hearing. The appeal shall be heard within ATTY/ORD.525/CC ORD AMENDING MUNI CODE ART V CHAPT 32 DIV 7 ORDINANCE NO. 2490 REV: 10-07-2020 MI MUFF NO. 305 Page 12 of 23