California Code of Regulations › Title 4 - Business Regulations › Division 19 - Department of Cannabis Control › Chapter 12 - Enforcement › Article 3 - Disciplinary Actions › Section 17808 - Additional Grounds for Discipline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following include, but are not limited to, additional
					 grounds that constitute a basis for disciplinary action:
(a) Failure to pay a fine imposed by the
				  Department or agreed to by the licensee.
(b) 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 notice to
				  make those corrections, under Penal Code section
				  373a.
(c) 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
				  Department. This subsection shall apply to a licensee only upon written notice
				  to the licensee from the Department. The Department shall issue this written
				  notice upon its own determination, or upon a request from the local law
				  enforcement agency in whose jurisdiction the licensed 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,
				  pedestrian-traveled way, not more than 20 feet from the licensed 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 their agents or employees shall not be construed by the Department
				  as evidence of objectionable conditions that constitute a nuisance.
(B) Requesting that those persons engaging in
				  activities causing objectionable conditions to cease those activities, unless
				  the licensee or their 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 Department shall consider site configuration
				  constraints related to the unique circumstances of the nature of the
				  business.
(5) Even after correcting
				  the objectionable conditions that constitute a nuisance, the licensee has a
				  continuing obligation to meet the requirements of subsections (b) and (c), and
				  failure to do so shall constitute grounds for disciplinary
				  action.