HomeMy WebLinkAboutOrd 817 ORDINANCE NO. 817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER 5.88
OF THE CATHEDRAL CITY MUNICIPAL CODE TO REQUIRE
CANNABIS BUSINESSES TO ENTER INTO LABOR PEACE
AGREEMENTS AS A CONDITION OF LICENSURE RENEWAL
WHEREAS, Business and Professions Code section 26051.5 requires every cannabis
business with 20 or more employees seeking a license to operate from the State to enter into a
labor peace agreement; and
WHEREAS, the City Council desires to make a labor peace agreement a requirement of
obtaining a City cannabis business license renewal for all cannabis businesses with 10 or more
employees.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of Chapter 5.88.
Chapter 5.88 (Cannabis Businesses) of the Cathedral City Municipal Code is amended as
follows:
A. Section 5.88.055(B) is amendment to add a new subparagraph 4 and renumber the
existing subparagraph 4 to 5.
"4. For licensees that have 10 or more full-time equivalent non-supervisorial
employees, roof that the licensee has entered into and abided b the terms of a labor peace
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agreement."
B. Section 5.88.025 is amended to insert the following definition in alphabetical order.
"Non-supervisorial employee" means an individual employed by the licensee that does not
have the authority to hire, fire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibility to direct them or to adjust their grievances,
or effectively to recommend such action, if, in connection with the foregoing, the exercise of that
authority is not of a merely routine or clerical nature, but requires the use of independent
judgment. For the purposes of this definition, an individual shall not be considered an employee
of a licensee if the individual is working for the licensee pursuant to a written agreement that
expressly states the individual is an independent contractor."
SECTION 2. CEQA.
The City Council hereby finds that this Ordinance is exempt from the California
Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines
because it can be seen with certainty that this Ordinance does not have the potential to cause a
significant effect on the environment.
SECTION 3. Effective Date.
This Ordinance shall be effective 30 days from and after its final passage. Notwithstanding
the foregoing, the City Council hereby mandates a grace period of ninety (90) days from the
effective date of this Ordinance to educate beverage vendors of the terms of this Ordinance,
during which time no action shall be taken by the City to enforce this Ordinance.
SECTION 4. Severability.
If any, section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, then such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Cathedral City hereby declare they would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Publication.
The City clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated within the
City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
published in the manner required by law using the alternative summary and pasting procedure
authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Cathedral City City Council on the 14th day of November,
2018.
APPROVED AND ADOPTED this 28' day of November, 2018.
nleY E.EHenry, Mayor
or
ATTEST: APPROVED AS TO FORM:
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Ga . F. Howell C� Clerk Eric S. Vail Cit Attorney
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I, TRACEY R. MARTINEZ, CITY CLERK of the City of Cathedral City, do hereby certify that the
foregoing Ordinance was introduced on the 14th day of November 2018, and adopted at a regular
meeting of the City Council of the City of Cathedral City held on the 12th day of December, 2018
by the following vote:
AYES: Councilmembers Gutierrez, Gregory and Aguilar; Mayor Pro Tem Carnevale and
Mayor Prttis
NOES: None
ABSENT: None
ABSTAIN: None
Tracey R. artine , CMC
City Clerk