adjustment shall decrease any tax imposed by this chapter, unless approved by the City Council. (Ord. 559 11-4-14)
3.35.060 Remittance.
The taxes imposed by this chapter shall be remitted to the City biennially, on or before December 31st and June 30th every year. (Ord. 559 11-4-14)
3.35.070 Modification, repeal or amendment.
The City Council may repeal this chapter, or amend it in a manner which does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein, without further voter approval. If the City Council repeals any provision of this chapter, it may subsequently reenact it without voter approval, as long as the reenacted provision does not result in an increase in the amount of the tax or broaden the scope of the tax imposed herein. (Ord. 559 11-4-14)
3.35.080 Administration.
The City Manager, or designee, and/or the City Council by ordinance, may promulgate regulations to implement and administer the provisions of this chapter. (Ord. 559 11-4-14)
3.35.090 Penalties.
Any entity that fails to pay the taxes required by this chapter within 30 days after the due date shall pay in addition to the taxes a penalty for nonpayment in a sum equal to 25 percent of the total amount due. Additional penalties will be assessed in the following manner: 10 percent shall be added on the first day of each calendar month following the month of the imposition of the 25 percent penalty if the tax remains unpaid—up to a maximum of 100 percent of the tax payable on the due date. Receipt of the tax payment in the office shall govern the determination of whether the tax is delinquent. Postmarks will not be accepted as adequate proof of a timely payment. (Ord. 559 11-4-14)
3.35.100 Additional penalties.
A. Any violation of this chapter shall constitute a public nuisance and infraction pursuant to the provisions of Chapters 4.16 and 4.28 of this municipal code. (Ord. 559 11-4-14)
B. The amount of any tax, interest and penalty imposed by this Chapter shall be deemed a debt to the city.
C. The remedies in this Chapter are cumulative, and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City.
Item Number: 11.
D. Any person owing any tax and related interest and penalty under the provisions of this Chapter shall be liable in an action brought in the name of the City in any court of competent jurisdiction for recovery of any such amount.
E. Except as otherwise provided, the amendment or repeal of any portion of this Chapter or other portions of this code affecting this Chapter shall not be construed to operate as a release or waiver of any liability or sum of money which may be due or owing to the City from any person under the provisions of said code as they existed prior to such amendment or repeal.
3.35.110 Records inspection.
Whenever it is necessary to examine any books or records, including tax returns, of any entity subject to the provisions of this chapter, to ascertain the amount of any tax due pursuant to this chapter, the City shall have the power and authority to examine such necessary books and records at any reasonable time including, but not limited to, during normal business hours. Records must be maintained for at least seven years. (Ord. 559 11-4-14)
3.35.120 Application of provisions.
No payment of any tax required under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter implies or authorizes that any activity connected with the cultivation, possession or provision of marijuana is legal unless otherwise authorized and allowed by the State of California for medical purposes and permitted by the City. (Ord. 559 11-4-14)
3.35.130 Operative date.
This tax shall become operative commencing upon the effective date of an ordinance permitting marijuana collectives, cooperatives, dispensaries, operators, establishments, providers or other type of entities to sell, distribute, exchange, deliver, provide or dispense medical marijuana within the jurisdictional boundaries of the City of Desert Hot Springs. The City shall provide a six-month cultivation tax ramp-up period for any new cultivation facility. (Ord. 559 11-4-14) Section 4. AMENDMENT OF SECTION 5.50.070 TITLED “GENERAL SECURITY REQUIREMENTS” OF THE DESERT HOT
SPRINGS MUNICIPAL CODE
The following Section 5.50.050, “General Security Requirements” of the Municipal Code shall be amended to read as follows:
Item Number: 11.
5.50.070 General security requirements.
A. Each cannabis facility shall develop and implement, to the City Manager or designee’s satisfaction, a security plan to prevent unauthorized entry to the cannabis facility and to prevent theft or unlawful trafficking of cannabis and cannabis goods.
Security plans shall contain the following measures:
1. Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 90 days of digitally recorded documentation in a format approved by the City Manager or designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras shall include, but are not limited to, public areas, limited-access areas, storage areas, transportation areas, employee areas, all doors and windows, and any other areas as determined to be necessary by the City Manager or designee. a. The security cameras shall have sufficient battery backup to support a minimum of 15 minutes of recording in the event of a power outage. b. The City Manager and designee shall have access to the security cameras of each cannabis facility at any time, including remote access. The City Manager or designee may duplicate and/or take possession of recordings made by the security cameras. No search warrant or subpoena shall be required. c. Cannabis facilities shall provide the City Manager or designee the computer monitoring application used, IP address and access usernames and passwords used to log in to the security camera system and view live footage, playback footage and to extract recordings.
2. The cannabis facility shall be alarmed with an audible interior and exterior alarm system, unless waived for extenuating circumstances by the City Manager or designee, that is operated and monitored by a recognized security company, deemed acceptable by the City Manager or designee. Any change in the security company shall be subject to the approval of the City Manager or designee. All current contact information regarding the cannabis facility’s security company shall be provided to the City Manager or designee.
3. Entrance to the dispensing, cultivation, manufacturing, testing, or distribution areas and any storage areas shall be locked at all times, and under the control of cannabis facility staff.
4. All cannabis and cannabis goods shall be securely stored, and a reliable, commercial alarm system shall be installed and maintained where the cannabis and cannabis goods are secured.
5. A security guard, licensed by, and compliant with all regulations of the California Department of Consumer Affairs, Bureau of Security and Investigative Services shall be present only during business hours for storefront retailers and 24 hours a day for all other types of cannabis facilities. The security guard(s) must possess a valid security guard card and if armed a firearms permit issued by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. A Item Number: 11.
cannabis facility may contract through a properly regulated private security company which private company complies with all State law requirements, including those of the Bureau of Cannabis Compliance. All security personnel hired or contracted for by the licensee shall be licensed by the Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. The City must be notified of any change of a private security company if providing its own security guards.
6. Each cannabis facility shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis and cannabis goods and any currency.
B. The City Manager or designee and law enforcement shall have the right to enter any cannabis facility at any time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and all applicable laws.
1. The cannabis facility shall cooperate with the City Manager or designee who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.
C. Every cannabis facility shall notify the City Manager or designee within 24 hours after discovering any of the following:
1. Significant discrepancies identified during inventory. The level of significance shall be determined by the City.
2. Diversion, theft, loss, or any criminal activity pertaining to the operation of the retailer.
3. Diversion, theft, loss, or any criminal activity by any agent or employee of a cannabis facility pertaining to the operation of the cannabis facility.
4. The loss or unauthorized alteration of records related to cannabis or cannabis products, registered qualifying patients, primary caregivers, or cannabis facility employees or agents.
5. Any breach of security. (Ord. 777 3-21-23; Ord. 729 2-16-21) Section 5. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
Item Number: 11.
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 7. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 8. EFFECTIVE DATE
That this ordinance shall take effect pursuant to law.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Scott Matas, Mayor
ATTEST:
_______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_______________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 11.
SR-23-245
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: October 17, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code RECOMMENDATION:
Approve Second Reading, read by title only and adopt: "An Ordinance of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code.
DISCUSSION:
The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on September 19, 2023.
During its second reading on October 3, 2023, the City Council revised the ordinance to reflect the following amendments to Desert Hot Springs Municipal Code (DHSMC) Section 1.10.050:
1.10.050 Infraction Violation.
A. Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use the current or past Seal, the current or past Logo, or any cut, facsimile or reproduction thereof.
B. Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use a design that closely resembles the current Seal or Logo, or any previous city Seals or Logos.
C. No person shall use or reproduce the current or any previous Seal or Logo, or any representation thereof, or use a design that closely resembles the current or any previous Seal or Logo for any election, measure, campaign, nomination, or other political purpose whatsoever.
D. A violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 4.28, or a misdemeanor subject to the provisions set forth in Chapter 4.32, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
Item Number: 12.
SR-23-245
As such, the Ordinance is being presented again for second reading and adoption; and shall take effect thirty (30) days after its second reading.
FISCAL IMPACT:
None.
ATTACHMENTS:
1) Staff Report from September 19, 2023
2) Ordinance
Item Number: 12.
SR-23-216
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 19, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: An Ordinance Amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City of Desert Hot Springs amending Chapter 1.10 "City Seal and Insignias" of the Desert Hot Springs Municipal Code.
DISCUSSION:
The City's official Seal and Logo is used by the City for certain purposes. The proposed ordinance amends DHSMC Chapter 1.10 to reflect the following:
• Reflects the official City Seal and Logo currently in use; • Ensures that the official City Seal and Logo are used only for purposes directly related to the official business of the City of Desert Hot Springs;
• Prohibits unauthorized use of the Seal and Logo to prevent fraud, deception, misrepresentation, and/or abuse; and
• Removes redundant language.
FISCAL IMPACT:
None.
ATTACHMENTS:
1) Proposed Ordinance
Item Number: 12.
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING THE FOLLOWING CHAPTER 1.10 “CITY
SEAL AND INSIGNIAS”
WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the City Seal, City logos, and other City insignias in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, Government Code section 34501 provides in part, ““Every city organized pursuant to this part shall … have a common seal, alterable at the pleasure of the legislative body;” and
WHEREAS, there are several state laws including Government Code section 64501.5 and Elections Code Section 18304 that prohibit seals to be used in political campaigns with the intent to deceive the voters/in a manner that creates a misleading, erroneous, or false impression that the campaign material is authorized by a public official; and
WHEREAS, the City desires to protect its official Seal and the official Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; and WHEREAS, the City Council seeks to ensure that the official Seal and the official Logo are used only for purposes directly related to the official business of the City of Desert Hot Springs; and
WHEREAS, adoption and enforcement of this Ordinance lies within the City’s police power; and
WHEREAS, this Ordinance is for the benefit of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. CHAPTER TO BE AMENDED
That the City Council hereby amends the following Chapter 1.10 of the Desert Hot Springs Municipal Code to read as follows:
Item Number: 12.
2 Chapter 1.10: City Seal and Logo Insignias
1.10.010 City’s official corporate seal.
A. The official seal of the City of Desert Hot Springs shall be the seal illustrated and depicted in Exhibit “A” (“Seal”).
B. The official corporate Seal of the City of Desert Hot Springs shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.
C. The City Clerk shall have custody and charge of the City’s corporate Seal.
D. The City’s corporate seal shall be the property of the City. The City’s corporate Seal may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal corporate seals are usually and customarily used.
E. No person shall make, reproduce, manufacture, display or use the City’s corporate seal or its design or any design that closely resembles the City’s corporate seal for any purpose other than for official City purposes by an official of the City.
1.10.020 City’s Official Logo insignia.
A. The official logo of the City of Desert Hot Springs shall be the logo illustrated and depicted in Exhibit “B” (“Logo”).
B. The official insignia Logo of the City shall be maintained in the office of the City Clerk, and a copy of its depiction shall be available for inspection by the public during all regular business hours.
C. The City Clerk shall have custody and charge of the Logo City’s insignia.
D. The City’s insignia Logo shall be the property of the City. The City’s insignia Logo may be used by the City and its duly authorized employees and officials on official documents, and for such other purposes for which municipal logos insignias are usually and customarily used.
E. The City Manager shall adopt a policy for use of the City Logo. The City Logo, in general, shall be used in a manner that is less formal than the Seal.
E. Unless otherwise provided in this section, no person shall make, reproduce, manufacture, display or use the City’s insignia or its design or any design that closely resembles the City’s insignia for any purpose other than for official City purposes by an official of the City. (Ord. 539 8-6-13)
Item Number: 12.
3 1.10.030 Desert Hot Springs Police Department insignias.
B. The official insignias of the Police Department of the City shall be maintained in the office of the Police Chief, and a copy of its depiction shall be available for inspection by the public during all regular business hours.
C. The Police Chief shall have custody and charge of the Police Department’s official insignias.
D. he Police Department’s official insignias shall be the property of the Police Department. The Police Department’s official insignias may be used by the Police Department, its employees and officials as may be authorized by the Police Chief on official documents, and for such other purposes permitted by the Police Chief for official Police Department purposes.
E. No person shall make, reproduce, manufacture, display or use the Police Department’s official insignias or their design or any design that closely resembles the Police Department’s official insignias for any purpose other than for official Police Department purposes as may be authorized by the Police Chief. (Ord. 539 8-6-13)
1.10.040 Desert Hot Springs Fire Department insignias.
A. The official insignias of the Fire Department of the City of Desert Hot Springs shall be maintained in the office of the Fire Chief, and a copy of its depiction shall be available for inspection by the public during all regular business hours.
B. The Fire Chief shall have custody and charge of the Fire Department’s official insignias.
C. The Fire Department’s official insignias shall be the property of the Fire Department. The Fire Department’s official insignias may be used by the Fire Department, its employees and officials as may be authorized by the Fire Chief on official documents, and for such other purposes permitted by the Fire Chief for official Fire Department purposes.
D. No person shall make, reproduce, manufacture, display or use the Fire Department’s official insignias or their design or any design that closely resembles the Fire Department’s official insignias for any purpose other than for official Fire Department purposes as may be authorized by the Fire Chief. (Ord. 539 8-6-13)
1.10.050 Infraction Violation.
A. Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use the current or past Seal, the current or past Logo, or any cut, facsimile or reproduction thereof.
Item Number: 12.
4 B. Except as provided in this chapter, it shall be unlawful and no person shall make, reproduce, manufacture, display or use a design that closely resembles the current Seal or Logo, or any previous city Seals or Logos.
C. No person shall use or reproduce the current or any previous Seal or Logo, or any representation thereof, or use a design that closely resembles the current or any previous Seal or Logo for any election, measure, campaign, nomination, or other political purpose whatsoever.
D. A violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 4.28, or a misdemeanor subject to the provisions set forth in Chapter 4.32, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
1.10.060 Civil fines.
Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to:
A. A fine in an amount not to exceed $250 for a first conviction of an offense; B. A fine in an amount not to exceed $500 for a second conviction of the same offense within a 12-month period of the date of the first offense; and C. A fine in an amount not to exceed $750 for the third conviction of the same offense within a 12-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date of the first offense shall be $1,000. (Ord. 539 8-6-13)
1.10.070 Administrative citation.
In lieu of issuing an infraction citation, the City may issue an administrative citation to any person responsible for committing, causing or maintaining a violation of this chapter. Nothing in this section shall preclude the City from also issuing an infraction citation upon the occurrence of the same offense on a separate day. (Ord. 539 8-6-13)
1.10.080 Administrative fine.
Any person issued an administrative citation for violating this chapter shall for each separate violation be subject to:
A. An administrative fine in an amount not to exceed $100 for the first citation; B. An administrative fine in an amount not to exceed $250 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and Item Number: 12.
5 C. A fine in an amount not to exceed $500 for a third and subsequent citation issued for the same offense within a 12-month period of the date of the first offense. (Ord. 539 8-6-13)
1.10.090 Modification, suspension and/or revocation of validly issued City permit and/or City license.
A violation of this chapter by the holder of any City permit and/or City license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions of this code. (Ord. 539 8-6-13)
1.10.100 Additional penalties.
Nothing in this chapter shall preclude the City from pursuing the remedies provided by Title 4, including, but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief. (Ord. 539 8-6-13) Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.
Section 4. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 6. EFFECTIVE DATE
This ordinance shall become effective 30 days after its second reading.
Item Number: 12.
6 PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs, California, at a regular meeting held on the ____ day of _________ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Scott Matas, Mayor
ATTEST:
_________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 12.
7 Exhibit A
Item Number: 12.
8 Exhibit B
Item Number: 12.