HomeMy WebLinkAbout2048ORDINANCE NO. 2048
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADDING
PALM SPRINGS MUNICIPAL CODE SECTION
5.55.115 TO REQUIRE CANNABIS BUSINESSES TO
ENTER INTO LABOR PEACE AGREEMENTS AS A
CONDITION OF CANNABIS BUSINESS
LICENSURE, TRANSFER OR RENEWAL.
City Attorney Summary
This Ordinance amends the City of Palm Springs
Municipal Code requirements for cannabis businesses
by requiring those cannabis businesses with five (5) or
more employees to enter into a labor peace
agreement.
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, because of the significant tax revenue derived from cannabis
businesses, the City has a proprietary interest in prohibiting labor organizations
and members from engaging in picketing, work stoppages, boycotts, and any other
economic interference with cannabis business' operations; and
WHEREAS, the City Council desires to make a labor peace agreement a
requirement of obtaining a city cannabis business license issuance, renewal or
transfer for all cannabis businesses with five (5) or more employees.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN
AS FOLLOWS:
SECTION 1. Findings. That the findings and determinations reflected above
are true and correct, and are incorporated by this reference herein as the cause
and foundation for the action taken by the and through this Ordinance.
SECTION 2. Code Amendment. Section 5.55.115 of the Palm Springs
Municipal Code is hereby added to read as follows:
"5.55.115 Labor Peace Agreements. For applicants or permittees
that have five (5) or more employees, the applicant for a new permit,
or for a renewal or transfer, shall provide proof, satisfactory to the
City Manager, that the applicant or permittee has entered into and
will abide by the terms of a labor peace agreement. Such proof shall
be a condition to the issuance by the City of any new permit or for
the renewal or transfer of any such permit. For applicants/permittees
Ordinance No. 2048
Page 2
who have not yet entered into a labor peace agreement, the
applicant/permittee shall provide a notarized statement indicating the
applicant/permittee will enter and abide by the terms of a labor peace
agreement as soon as reasonably practicable after issuance,
renewal, or transfer of the commercial cannabis permit, but in no
event later than one hundred eighty (180) days following the
issuance, renewal or transfer. Once the applicant has entered into
the labor peace agreement, the applicant shall provide the City
Manager with a copy of the page of the labor peace agreement that
contains the signatures of the union representative and the
applicant."
SECTION 3. Effective Date. This ordinance shall become effective 30 days
after its adoption.
SECTION 4. Certification. The Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Ordinance and shall cause the same,
or the summary thereof, to be published and posted pursuant to the provisions of
law.
SECTION 5. Severability. If any section or provision of this Ordinance is
for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, or contravened by reason of any preemptive legislation, the remaining
sections and/or provisions of this ordinance shall remain valid. The City Council
hereby declares that it would have adopted this Ordinance, and each section or
provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via
legislation.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10T" DAY OF JUNE, 2021.
i
CHRISTY H STEGE, MAY R
TTEST:
THONY V. MEJPA CITY CLERK
Ordinance No. 2048
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 2048 is a full, true, and correct copy, and was introduced
by the City Council at a regular meeting held on the 27th day of May, 2021, and
adopted at a regular meeting of the City Council held on the 10th day of June, 2021,
by the following vote:
AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton,
and Mayor Holstege
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Palm Springs, California, this 23'-'w day of 2021.
6thony J. Meji rk
City of Palm Springs, California