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HomeMy WebLinkAboutHempie's Cannabis Dispensary - Cannahelp Bus. Licensea h[ 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 340-0574 fo@pal m-desert. org February 9, 2006 Mr. Stacy Hochanadel 73-350 El Paseo, Suite 204 Palm Desert, California 92260 Dear Mr. Hochanadel: Subject: City of Palm Desert Business License No. 05-36543 — Hempie's Cannabis Dispensary (Cannaheln) Notice is hereby given that the Palm Desert City Council will hold a hearing on Thursday, February 23, 2006, at 4:00 p.m., or as soon thereafter as possible, in the Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, to consider revocation of the Business License issued for the above -referenced business in accordance with Section 5.04.160 of the Code of the City of Palm Desert, California. A copy of Section 5.04.160 is enclosed for your information. The revocation will be considered on the following grounds: 1. Medical marijuana dispensaries are not permitted under State law, and the use, possession, and dispensing of marijuana is illegal under Federal law. 2. The Compassionate Use Act in California authorizes the use of marijuana by patient and caregiver. You are providing marijuana to individuals without complying with the standards under such Act. 3. Your operation, due to numerous violations directly attributable to your establishment, is creating an undesirable effect upon the public health, safety, and welfare in the City based upon the recent increase in criminal violations, including an individual providing marijuana from your establishment to teenagers within the City of Palm Desert. You may appear at the time and place set forth above to present any information you may desire to the City Council. Sincerely, RACHELLE D. KLASSEN, CM CITY CLERK DJE:rdk Enclosure (as noted) By Personal Delivery RMPUB\DJE\265128.1 x• PRINTED ON RECYCLED PAPER 5.04.160 Error in terms voids license —Revocation or suspension of license. Page 1 of 1 Palm Desert Municipal Cede {''sG2q-jok,i : Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.04 BUSINESS LICENSING AND TAXING 5.04.160 Error in terms voids license —Revocation or suspension of license. A. The payment of any license fee required by this title, its acceptance by the city, and the issuance of such license to any person shall not entitle the holder thereof to carry on any business called for by the license, unless he has complied with all requirements of this title, or to carry on any business at any location contrary to the city's building and zoning regulations. B. Revocation of License Tax Certificate. Any license issued pursuant to the provisions of this title may be revoked by the city council for what it may deem good and sufficient reasons in order to preserve the peace, health, safety or general welfare of the city or upon receiving satisfactory evidence that the licensee thereof has violated any provision of other laws relating to the city, county, state and federal government, or is conducting a business other than that for which licensed. Such revocation shall be made only upon a hearing held before the city council, after ten days written notice to such licensee, stating the grounds of complaint against him and stating the time and place when such hearing will be held. Service of such notice shall be deemed complete by either delivery to the licensee personally, his agent, or manager, or by certified mail or by posting the notice in a conspicuous place on the premises where such licensee is conducting his business, at least ten days prior to the hearing. Such hearing may be continued from time to time by the city council. The findings and conclusions by the council thereon shall be final and conclusive, with right of appeal by the licensee to any court of competent jurisdiction. C. Suspension of License Tax Certificate. The license tax certificate issued to conduct any business may be suspended forthwith with approval by the city council, such suspension is necessary to preserve the peace, health, safety or general welfare of the city. Such suspension shall not continue for more than thirty days unless within said thirty days a hearing is held by the city council pursuant to subsection B in which event such suspension may continue until said hearing has been held and the matter disposed of by the city council. (Ord. 339 § 3, 1983; Ord. 254 § 1, 1981: Ord. 60 § 16, 1974) http://gcode.us/codes/palmdesert/view.php?topic=5-5_04-5_04_160 2/9/2006 POS-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY (,) fui icreAl,d6t-0 r - —i- C d v . - =L6U TELEPHONE NO.: �'f y„ C1� i0L Ili % u / : / / E-MAIL ADDRESS (Optional): (tV „J'[ 4. w- f ATTORNEY FOR (Name): ,(� a ��,, Su. le..�r. F �dest�� �`� biat. STREET ADDRESS: 7 3 �� / 0 Fred & jell �% MAILING ADDRESS: // �n/ CITY AND ZIP CODE: r .1 fk? m / zzze) BRANCH NAME: FAX NO. (Optional): PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: r. "ty 07 ir- 311°L6-�' l ibC4) �u`'C r PROOF OF PERSONAL SERVICE —CIVIL a, Si 0-S3 l,•(i 7-Z- -coatNUMBER: - 3V3 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. I am over 18 years of age and not a party to this action. 2. 1 served the following documents (specify): C /7yf DEsT A(o7iGE i,.�61s �Gz,,1Skr cA'F c f The documents are listed in the Attachment to Proof of Personal Service —Civil (Documents Served) (form POS-020(D)). 3. I personally served the following persons at the address, date, and time stated: a. Name: rA-C.J /ICCHAA/A©ct. b. Address: 73.. 3 -0 eL "Asc." tc c. Date: 024,A0 d. Time: /54- 7 The persons are listed in the Attachment to Proof of Personal Service —Civil (Persons Served) (form POS-020(P)). 4. lam a. 1 I not a registered California process server. b. 1 a registered California process server. c. I I an employee or independent contractor of a registered California process server. d exempt from registration under Business & Professions Code section 22350(b). 5. My name, address, telephone number, and, if applicable, county of registration and number are (specify): 1UffSf�L� 16.- 4/ C r -y 1- L-1610/) Oa5' S 6/ (A)i L ,, �1z 4 (i6,o)3-82S3 6. 1 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 7 1 ">c1 I am a California sheriff or marshal and certify that the foregoing is true and correct. Date: pz- o�, CfIR/S r sRn/ / of 6Z (TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS) Form Approved for Optional Use Judicial Council of California POS-020 [New January 1, 2005] (SIGNATURE OF PE PROOF OF PERSONAL SERVICE —CIVIL HO SERVE E PAPERS) Code of Civil Procedure, § 1011 www.courtinfo.ca.gov American LegaiNet, Inc. www.USCourtForms.com Page 1 of 1 Klassen, Rachelle From: Donna and Larry Charpied [Iaronna@earthlink.net] Sent: Tuesday, February 21, 2006 12:05 PM To: Klassen, Rachelle Cc: lannyswerdlow@earthlink.net Subject: Medical Marijuana Dispensary Dear Palm Desert City Council, Thank you for keeping Cannahelp open. We understand the pressures you must be receiving from your local law enforcement agency. While we have great respect for the Palm Desert Police Department, we feel they are misguided on this issue, and acting upon emotion rather than facts. It appears from news articles that businesses in the El Paseo were not cognizant of a medical marijuana dispensary nearby, so clearly local businesses are not being impacted. Thank you for your compassion towards those dependent upon medical marijuana for relief, and more importantly, thank you for the strong leadership you have shown by keeping this dispensary open. Respectfully, Donna Charpied Citizens for the Chuckwalla Valley PO Box 397 Desert Center CA 92239 (760)574-1887 "DON'T WASTE THE DESERT" 2/21/2006 p.1 GLEN ROBINSON 45860 San Luis Rey Palm Desert, California 760 2725510 February 14, 2006 Mayor Jim Furgeson Palm Desert, CA CIT 'Y CLERK'S OFFICE PALM DESERT. CA ?TN FEB 22 Atilt: 01 Re: Please keen a decent local business. CannaHeln. in business, Dear Mayor Furgeson: Please, out of humanity if not common sense and logic, please do not revoke CannaHelp's business license. I am a cannabis patient for whom cannabis truly is a miracle medicine. I am not a troublemaker. I am or have been a 1) Rotary Club President, 2) Law School Professor, and 3) loving husband. I currently use medical cannabis to treat a mental illness. Without medicinal cannabis, my mental illness is severe enough to jeopardize my life and freedom. I've never hurt anyone. Why would anyone want to take my medicine away from me? Dr. Dean Edell calls it a medicine, for goodness sake! I have tried countless other medicines prescribed by a number of local medical doctors for over a year with limited success. Then I learned that cannabis is a miracle in my case. My cannabis is consumed only under a medical doctor's supervision. It is consumed only with this medical doctor's advice. Local newspaper stories on this issue show admirable leadership and compassion on your part regarding this issue. I appeal to your leadership and compassion. Kindly allow me to obtain this medicine from this good member of our business community. It is a clean, decent establishment providing medicine to needy patients. I should know. I have been a customer for a number of months now. Isn't this the feedback you need? If not, please let me know. Received Feb-22-06 10:53am From- To -PALM DESERT CITY CLE Page 01 Page 1 of 1 Klassen, Rachelle From: Jon Hebebrand [jebebrand@dc.rr.com] Sent: Tuesday, February 21, 2006 8:49 AM To: Klassen, Rachelle Cc: 'Jon Hebebrand' Subject: Canna Help Thank you so much for allowing Canna Help to remain open and not force those of us using medical mariajuana, as recommended by our physicians, to make a six (6) or seven (7) hour round trip into the L.A. area. Your understanding is greatly appreciated. Canna Help strictly enforces the law and admittance to their facility and the patients follow the law as well. We're not looking for trouble in anyway; only safe access. Thank you again for you help. Sincerely, Jon Hebebrand Rancho Mirage -71 r CTI 2/21/2006 Page 1 of 1 Klassen, Rachelle From: LAlbertsen@aol.com Sent: Wednesday, February 22, 2006 11:33 AM To: Klassen, Rachelle; lannyswerdlow@earthlink.net Subject: Cannahelp Dear Palm Desert Councilmembers, I am writing to you to thank you for allowing Cannahelp, the medical marijuana dispensary on El Paseo to remain open. I am a 58 year old woman who has lived with chronic pain from fibromyalgia for over 10 years and I have found that marijuana greatly helps relieve that pain. My pain management physician agreed to recommend medical marijuana for me and I recently obtained my medical marijuana card from Riverside County. Having a local dispensary has been a "life-saver" for me and the people who operate Cannahelp have been very professional as well as caring and sensitive to their clients. From what I have read, the business owners on El Paseo do not experience problems with them and my understanding is that there was only one incident regarding a client trying to sell some of his medicine. The city of Palm Desert is to be congratulated for what it has done to help the citizens of the Coachella Valley by keeping Cannahelp open. I urge you to continue supporting this. Thank you again. Lorna Albertsen 30622 Via Pared Thousand Palms, CA 92276 (760) 343-1613 `tee 'SR,?° sZ 2/22/2006 Message Page 1 of 1 Klassen, Rachelle From: Mallike Albert [mallika@dc.rr.com] Sent: Tuesday, February 21, 2006 7:47 AM To: Klassen, Rachelle Subject: Keep Cannahelp Open! Palm Desert City Councilmembers: I have been closely following the developments and how you have handled the various controversial issues surrounding Cannahelp, the medical marijuana dispensary, located in Palm Desert. I want to thank you for your leadership, level headed judgement, and willingness to continue dialog to discuss whatever problems has led to the issuance of their recent revocation letter. You are doing the right thing to see that Cannahelp remains open to serve their collective members because it is imperative that patients continue to have access to their medicine in a safe and secure manner. My personal physician, a doctor of internal medicine, establlished her medical practice in Palm Desert a few years ago. Both she and I have read the research studies documenting the medicinal benefits of medical marijuana. If and when a medical necessity presents for me, my physician totally supports my treatment preference, which is medical marijuana. Thank you for protecting my future, my personal freedom rights, as well as my physician's right to prescribe the very best medicine for my well-being.. Mallika Albert 2241 N. Leonard Road Palm Springs, CA 92262 760.323.6034 2/21/2006 Page 1 of 1 Klassen, Rachelle From: Borders8@aol.com Sent: Tuesday, February 21, 2006 1:24 PM To: Klassen, Rachelle Cc: Iannyswerdlow@earthlink.net Subject: Thanks for keeping Cannahelp open! I appreciate what you guys are doing, it the right thing. Matt Borders s) 2/21/2006 Klassen, Rachelle From: Mari Jensen [DaFurryPurry@webtv.net] Sent: Tuesday, February 21, 2006 7:36 AM To: Klassen, Rachelle Subject: MMJ Dispensary Dear City Council Members, I have written before on behalf of myself, my husband and son asking the Council to please keep the dispensary open for patients so we don't have to go to the nether regions of our beloved Coachella Valley to obtain our doctor recommended medicine, you voted in favor to keep the dispensary open and for that we THANK YOU so very very much! With your plain good common sense and compassion you have and continue to do the patients of medicinal marijuana a service that is invaluable. Now I see another issue brought before the city council from the local police department. As you know there is and has been NO problems with patients disturbing or making any kinds of issues for the city at all. Please continue to have compassion for sick, disabled and dying people and in your infinite wisdom, help us all by letting the local police know there are NO problems with having a dispensary in Palm Desert. Your unselfishness has been a lifesaver to many many patients, please to keep up the good work that you do for everyone in your beautiful city! We are most grateful for your level heads and common sense beyond measure. Thank you and many many blessings to you and your families always!! Sincerely, The Jensens Joshua Tree CA Page 1 of 1 Klassen, Rachelle From: P PP [monkeybz111 @yahoo.com] Sent: Wednesday, February 22, 2006 8:48 AM To: Klassen, Rachelle Subject: SAY "YES" TO MARIJUANA 2/22/06 TO WHOM IT MAY CONCERN: THE DISPENSION AND USAGE OF CANNABIS BY ME & MY MD HAD REDUCED MY STRESS, DEPRESSION AND SUICIDAL TENDENCIES. IT HAS ALSO IMPROVED MY IRRATIC SLEEPING PATTERNS. IF YOU DO NOT HAVE HEALTH AILMENTS YOU WILL NEVER UNDERSTAND THE MEDICINAL ADVANTAGES OF THIS ,GOD -GIVEN PLANT. WHEN IT IS USED IN MODERATION, IT COULD SERVE AS AN ANSWER TO ALL PRAYERS. Relax. Yahoo! Mail virus scanning helps detect nasty viruses! 2/22/2006 Page 1 of 1 Klassen, Rachelle From: Bairdcrk@aol.com Sent: Monday, February 20, 2006 10:58 PM To: Klassen, Rachelle Cc: lannyswerdlow@earthlink.net Subject: re; Cannahelp To Whom it May Concern: I appreciate keeping cannahelp open. I, personally, thank you very much. At 51 years of age I can only 'ask' you to imagine how much I appreciate this. Feel free to contact me anytime regarding my personal appreciation and the reason I am taking the actual time to send this. This is an important issue to me. Sincerely, Sandra L. Madigan 30311 S. General Kearney Road Temecula, CA 92592 cell: 951.440.1081 home: 951.699.0342 2/21/2006 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Continue Hearing Established for the Revocation of the Business License of Hempie's SUBMITTED BY: David J. Erwin DATE: February 23, 2006 Since notice was served, I have had an opportunity to meet and talk with several individuals ad Hempie's and it is my belief that a meeting between the business owner and his representatives and representatives of the City, may be productive in finding alternative solutions other than the revocation of the Business License. RECOMMENDATION: The Council continue the hearing on the revocation of the business license to the second meeting in March (March 23, 2006) to allow for a meeting between the owner and his representative(s) and the City's representatives. ame 0 • crt > U1 0 RMPUBIDERW IN1265581.1