Disciplinary Provisions Conduct – Emergency Regulations
The Disciplinary Provisions Conduct – Emergency Regulations provide a set of standards for:
§ 5806. Attire and Conduct
(a) No license shall allow the following:
(1) Employment or use of any person in the sale or service of cannabis goods in or upon the licensed premises while such person is unclothed or in such attire, costume, or clothing as to expose to view any portion of the male or female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) Employment or use of the services of any host or another person to miil~le with the patrons while such hostess or other person is unclothed or in such attire, costume, or clothing as described in subsection (a)(1) of this section2.
(3) Encouraging or permitting any person on the licensed premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.
(4) Permitting any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair, or any portion thereof.
Authority: Section 26013, Business and Professions Code. Reference: 26011.5, Business and Professions Code.
§ 5807. Entertainers and Conduct
(a) Live entertainment is permitted on a licensed premises, except that:
(1) No licensee sha11 permit any person to perform acts of or acts Yhat simulate:
(A) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, ar any sexual acts that are prohibited bylaw.
(B) Touching, caressing, or fondling of the breast, buttocks, anus, or genitals.
(C) Displaying of the buttocks, breasts, pubic hair, anus, vulva, or genitals.
(b) No licensee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
(c) No lice~isee sha11 permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her breast, buttocks, genitals, or anus.
Authority: Section 26013, Business and Professions Code. Reference: 2601.1.5, Business and Professions
Code. § 5808. Additional Grounds for Discipline
The following include, but are not limited to, additional grounds that constitute a basis for disciplinary action:
(a) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased; or rented by the licensee that constitute a nuisance, within a reasonable time after receipt of a notice to make those corrections, under Section 373a of the Penal Code.
(b) Failure to take reasonable steps to correct objectionable conditions that occur during operating hours on any public sidewalk abutting a licensed premises and constitute a nuisance,. within a reasonable time after receipt of notice to correct those conditions from the Bureau. This subsection sha11 apply to a licensee only upon written notice to the licensee from the Bureau. The Bureau shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises is located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subsection:
(1) “Any public sidewalk abutting a licensed premises” means the publicly owned, pedesYriantraveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street.
(2) “Objectionable conditions that constitute a nuisance” means disturbance of the peace, public intoxication, drinking alcoholic beverages in public, smoking or ingesting cannabis or cannabis products in public, harassment. of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.
(3) “Reasonable steps” means all of the following:
(A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee; or his or her agents or employees, shall not be construed by the Bureau as evidence of objectionable conditions that constitute a nuisance.
(B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request.
(C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering.
(4) When determining what constitutes “reasonable steps,” the Bureau shall consider site configuration constraints related to the unique circumstances of the nature of the business.
(c) Notwithstanding that the licensee corrects the objectionable conditions that constitute a nuisance, the licensee has a continuing obligation to meet the requirements of subsections (a) and (b), and failure to do so sUa11 constitute grounds for disciplinary action.
(d) If a licensee has knowingly permitted the illegal sale, or negotiations for the sales, of controlled substances or dangerous drugs upon his or her licensed premises. Successive sales, or negotiations for sales, over any continuous period of time shall be deemed evidence of permission. As used in this section, “controlled substances'” shall have the same meaning as is given that term in Article l (commencing with Section 11000) of Chapter 1 of Division 10 of the Health and Safety Code, and “dangerous drugs” shall have the same meaning as is given that term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of the Business and Professions Code.
(e) If the licensee has employed or permitted any persons to solicit or encourage others, directly or indirectly, to buy such persons cannabis goods in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme, or conspiracy.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and 26030,
Business and Professions Code. § 5809.
(a) When an accusation recommending disciplinary action against a license has been filed pursuant to Section 26031 of the Business and Professions Code, the accusation shall be served on the licensee in accordance with Section 11505 of the Government Code.
(b) A hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine if cause exists to take action against the licensee. At such a hearing, the Bureau shall have all the powers granted therein and by the Business and Professions Code.
(c) If a hearing on an accusation against a licensee results in a fording that the licensee has committed any of the acts or omissions constituting grounds for disciplinary action, the Bureau may order the license revoked, suspended outright for a specified period of time, or suspended on probationary restriction for a specified period of time on such terms and conditions of probation as in its judgment are supported by its findings, impose a fine, or any combination thereof. The Bureau may also issue such other lawful orders it considers to be appropriate on the basis of its findings. (
d) An accusation may be terminated by written stipulation at any time prior to the conclusion of the hearing on the accusation. If a licensee submits a proposed stipulation to the Bureau for its consideration and the Bureau subsequently declines to accept flee proposed stipulation, the Bureau shall not thereafter be disqualified from hearing evidence on the accusation and taking action thereon as authorized in this section.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26012, 26031 and 26034, Business and Professions Code.
§ 5810. Interim Suspension
(a) Pursuant to Business and Professions Code section 494, the Bureau may petition for an interim order to suspend any license or impose licensing restrictions upon any licensee, ie.
(1) The licensee has engaged in acts or omissions constituting a violation of the Business and Professions Code or this division, or been convicted of a crime substantially related to the licensed activity, and
(2) Permitting the licensee to continue to engage in the licensed activity would endanger the public health, safety, or welfare.
(b) An interim order for suspension or restrictions any issue with notice, as follows:
(1) The Bureau sha11 provide the licensee with at least 15 days’ notice of the hearing on the petition for an interim order.
(2) The notice shall include documents submitted in support of the petition.
(c) An interim order for suspension or restrictions may issue without notice to the licensee, as follows:
(1) If it appears from the Bureaus. petition and supporting documents that serious injury would result to the public before the matter could be heard on notice.
(2) The Bureau shall provide the licensee with a hearing on the petition within 20 days after issuance of the initial interim order.
(3) Notice of the hearing shall be provided within two days after issuance of the initial interim order.
(d) The Bureau shall file an accusation, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, within 15 calendar days of the issuance of the interim order.
Authority: Section 26013, Business and Professions Code; Reference: Sections 494, 26011.5, 26012 and 26031, Business and Professions
Code. § 5811. Posting of Notice of Suspension
(a) A licensee whose license has been suspended shall conspicuously and continuously display a notice on the exterior of the licensee’s premises for the duration of the suspension.
(b) The notice shall be two feet in length and 14 inches in width. The notice sha11 read: NOTICE OF SUSPENSION The Bureau of Cannabis Control Licenses) Issued For This Premises Has Been Suspended For Violation of State Law
(c) Advertising or posting signs to the effect that the premises have been closed or that business has been suspended for any reason other than the reason provided in the decision suspending the license, shall be deemed a violation of this section.
(d) Failure to display the notice as required in this section or removal of the notice prior to the expiration of the suspension sha11 be a violation of this section and may result in additional disciplinary action.
(e) A licensee shall notify the Bureau within 24 hours of discovering that the notice under subsection (b) of this section has been removed or damaged to an extent that makes the notice illegible.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and. 26012, Business and Professions Code.
§ 5812. Posting of Notice of Revocation
(a) A licensee whose license has been revoked shall conspicuously display a notice on the exterior of the licensee’s premises indicating that the license has been revoked. The notice shall remain continuously on the licensed premises for at least 15 calendar days.
(b) The notice shall be two feet in length and 14 inches in width. The notice shall read: NOTICE OF REVOCATION The Bureau of Cannabis Control Licenses) Issued For This Premises Has Been Revoked For Violation of State Law
(c) Advertising or posting signs to the effect that the premises have been closed or that business has been suspended for any reason other than the reason provided in the decision revoking the license sha11 be deemed a violation of this section.
(d) If the Bureau revokes a license at a licensed premises that has one or more licenses at the location that will remain active after the revocation, the revocation notice shall remain posted for a period of at least 15 calendar days.
(e) Failure to display for the tone required in this section shall be a violation of this section and may result. in additional disciplinary action.
(f) A licensee shall notify the Bureau within 24 hours of discovering that the notice under subsection (b) of this section has been removed or damaged to an extent that makes the notice illegible.
Authority: Section 26013, Business and Professions Code. Reference: Sections 26011.5 and 26012, Business and Professions Code.
§ 5813. Enforcement Costs
(a) In any order in resolution of a disciplinary proceeding for suspension or revocation of a license, the Bureau may request the administrative law judge to direct a licensee found to have committed a violation or violations of the Act, or any regulation adopted pursuant to the Act, to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.
(b) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the Bureau’s designated representative shall be prima facie evidence of reasonable costs of investi~atiou acid prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.
(c) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecutioiz of the case when requested pursuant to subsection (a). The Bureau may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subsection (a).
(d) Where an order for recovery of costs is made and timely payment is not made as directed in the decision, the Bureau may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the Bureau may have as to any licensee to pay costs.
(e) In any action for recovery of costs, proof of the decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(f) Except as provided in subsection (g) of this section, the Bureau shall not renew or reinstate any license of any licensee who has failed to pay all of the costs. ordered under this division.
(g) Notwithstanding subsection (fl ofthis section, the Bureau may, in its discretion, conditionally renew or reinstate for a maxiinusn of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the Bureau for reimbursement within that one-year period for the unpaid costs.
(h) Nothing in this section shall preclude the Bureau from including the recovery of the costs of investigation and enforcement o£a case in any stipulated settlement:
Authority: Section 26013, Business and Professions Code; Reference: Sections 125.3 and 26031, Business and Professions Code
§ 5814. Disciplinary Guidelines
In reaching a decision on a disciplinary action under the Act and the Administrative Procedures Act (Govt. Code section 11400 et seq.), the Bureau shall consider the disciplinary guidelines entitled “Bureau of Cannabis Control Disciplinary Guidelines November 2017,” which are. hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Bureau in its sole discretion determines that the facts of the particular case warrant such a deviation, e.g., the presence of mitigating factors, the age of the case, or evidentiary problems.