HomeMy WebLinkAboutResolution No. 0227 Wen - UpheldRESOLUTION NO. 0227
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF PHILLIP WEN, ON BEHALF OF OG
ARABIAN NIGHTS, LLC FOR APPEAL OF THE
ADMINISTRATIVE FINE OF $5,000 TO OG ARABIAN
NIGHTS, LLC FOR VIOLATION OF 5.55.200(A)(3) and
5.55.200(21) OF THE PALM SPRINGS MUNICIPAL CODE
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS, OG ARABIAN NIGHTS failed to provide a current register of
employees and failed to ensure the live scan had been completed and approved ten
(10) days prior to employment;
WHEREAS, any person who operates a Cannabis Business and fails to submit a,
shall be liable to the City an administrative fine in the amount of Five Thousand Dollars
($5,000.00); and
WHEREAS, the City investigated and determined that the Cannabis Business,
OG Arabian Nights, 232 N. Palm Canyon Drive, Palm Springs failed to provide a current
register of employees and failed to ensure the live scan had been completed and
approved ten (10) days prior to employment; and
WHEREAS, Administrative Citation No. AB6001 failure to provide current register
and names upon reasonable request, as required and new employee information not
submitted within 10 days prior to new employment; and
WHEREAS, Phillip Wen, on behalf of OG Arabian Nights, LLC filed an
administrative appeal of the Administrative Citation No. AB6001 for with the City Clerk
and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 25, 2022; and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that OG Arabian Nights violated Sections 5.55.200 (A)(3) and 5.55.200 (A)(21)
of the Palm Springs Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 25, 2022.;
and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
Resolution No. 0227
Page 2
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1. The Appellant is in violation of Palm Springs Municipal Code
5.55.200 (A)(3) and 5.55.200 (A)(21). The Administrative Appeals Board upholds the
administrative decision the Administrative Citation and Fine of $5,000.00 to OG Arabian
Nights, 232 N. Palm Canyon Drive, Palm Springs.
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS ADMINISTRATIVE
APPEALS BOARD THIS 25th DAY OF MAY 2022.
MICHAEL PAONESSA
Chair
ATTEST:
MONIQUE M. LOMELI, CMC
City Clerk
Resolution No. 0227
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, do hereby
certify that Resolution No. 0227 is a full, true and correct copy, and was duly adopted at
a meeting of the Administrative Appeals Board of the City of Palm Springs
on the 25th day of May 2022, by the following vote:
AYES: Basile, Hedrick, Moses, Sinclair, Paonessa
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: Kane
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 31st day of May 2022.
MONIQUE M. LOMELI, CMC
Interim City Clerk