HomeMy WebLinkAbout0319 - Murphy - UpheldRESOLUTION NO. 0319
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ADMINISTRATIVE CITATION
AB0614 AND FINE OF $5,000 TO LAUREN MURPHY FOR
VIOLATION OF CHAPTER 5.55.060 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, Lauren Murphy does not currently hold a valid Adult-Use Cannabis
Permit from the City of Palm Springs;
WHEREAS, No person may engage in any Adult-Use Cannabis Business or in
any Adult-Use Cannabis Activity within the City of Palm Springs including Cultivation,
manufacture, processing, laboratory testing, transporting, dispensing, distribution, or
sale of Cannabis goods unless the person has a valid Adult-Use Cannabis Permit from
the City of Palm Springs;
WHEREAS, No person may engage in any Adult-Use Cannabis Business or in
any Adult-Use Cannabis Activity within the City of Palm Springs including Cultivation,
manufacture, processing, laboratory testing, transporting, dispensing, distribution, or
sale of Cannabis goods unless the person is currently in compliance with all applicable
state and local laws and regulations pertaining to the Adult-Use Cannabis Business and
the Adult-Use Cannabis Business activities, including the duty to obtain any required
state licenses.
WHEREAS, On Wednesday, August 21, 2024, The California Department of Fish
and Wildlife Law Enforcement Division executed a search warrant for illegal cannabis
cultivation and manufacturing of cannabis products at the property located at 2285 E.
Tachevah Dr., Palm Springs,
WHEREAS, On Wednesday, August 21, 2024, the Department of Special
Program Compliance, Code Compliance Division accompanied The California
Department of Fish and Wildlife Law Enforcement Division during the execution of a
search warrant for illegal cannabis cultivation and manufacturing of cannabis products
at the property located at 2285 E. Tachevah Dr., Palm Springs,
WHEREAS, the City investigated and determined that Lauren Murphy, residing at
2285 E. Tachevah, engaged in Adult-Use Cannabis Business Activity within the City of
Palm Springs including Cultivation, manufacturing, processing, transporting, and
distribution,
Resolution 0319
Page 2
WHEREAS, Administrative Citation No. AB0614 was issued to Lauren Murphy
for violation of Palm Springs Municipal Code 5.55.060 titled Adult-Use Cannabis Permit
Required to Engage in Adult-Use Cannabis Business
WHEREAS, Lauren Murphy, filed an administrative appeal of the Administrative
Citation No. AB0614 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 October 23, 2024 and
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Lauren Murphy violated Section 5.55.060 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 October 23,
2024; and
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
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 5.55.060. The
Administrative Appeals Board upholds the Administrative Citation and Fine of
$5,000.00 to Lauren Murphy.
The Appellant is not in violation of Palm Springs Municipal Code 5.55.205 (A)(2)
and 5.55.110. The Administrative Appeals Board overturns the Administrative
Citation and Fine of $5,000.00 to Lauren Murphy.
Resolution 0319
Page 3
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 23RD DAY OF OCTOBER 2024.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0319
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0319 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 23rd day of October 2024, by the following vote:
AYES: VICE CHAIR PARKER, BOARD MEMBERS HERMANN, HEIN,
AND CHAIR BASILE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 28th day of October.
Brenda Pree, MMC, CERA
City Clerk