CITY OF FAIRFIELD
RESOLUTION NO. 2025-37
RESCINDING THE APPROVED ISSUANCE OF A COMMERCIAL CANNABIS RETAIL
BUSINESS PERMIT TO AUTHENTIC FAIRFIELD LLC
WHEREAS, on June 22, 2021, the City Council of the City of Fairfield approved Resolution 2021 - 143 granting Authentic Fairfield LLC; and
WHEREAS, Fairfield Municipal Code (FMC) Chapter 10E Section 11(b) states:
“(b) The City Council may revoke a preliminary approval or a commercial cannabis business permit for a violation of any State or local law, including, but not limited to, this Chapter; a violation of any condition or term of the commercial cannabis business permit; and/or a violation of any condition or term made a part of any other permit or entitlement granted to the commercial cannabis business or its owner;” and
WHEREAS, Section 1.5 in Exhibit A as part of City of Fairfield Resolution 2021-143 states:
“Notwithstanding the issuance of a commercial cannabis business permit, the contents of AUTHENTIC FAIRFIELD LLC's application and the conditions of approval as set forth shall remain applicable and be fully enforceable through the City's police power. In the event AUTHENTIC FAIRFIELD LLC's operations deviate from AUTHENTIC FAIRFIELD LLC's application in any way, violate these conditions of approval, result in a public or private nuisance, or are otherwise inconsistent with any federal, state, or local, law, rule, or regulation, the City shall have all remedies available, in law or in equity to enforce the terms of AUTHENTIC FAIRFIELD LLC's application, conditions, laws, rules and regulations. Notwithstanding the above, the city manager may approve deviations from AUTHENTIC FAIRFIELD LLC's application to the extent necessary to further the purposes of FMC Chapter 10E or to protect public health, safety, and welfare;” and
WHEREAS, Fairfield Municipal Code 10E Section 14(b) states:
“The permittee shall file an updated application form with the City Manager at least 30 calendar days prior to an anticipated change to any other information listed in the permit application, including but not limited to a change in contact information, change in trade name, or change in the security plan; provided, however, that a change in ownership sha ll comply with Section 10E.15;” and
WHEREAS, Fairfield Municipal Code 10E Section 15(a) states:
“Prior to any transfer or change in ownership of a commercial cannabis business permit, the permittee shall file a new application with the City Manager. The ap plication shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as an application fee);” and
RES. NO. 2025-37
WHEREAS, Fairfield Municipal Code 10E Section 15(b) states:
“The City Manager shall review the application to determine whether the new owner(s) meet the minimum permit eligibility criteria. If the transfer involves a substantial change in ownership, the City Council shall hold a public hearing and approve or deny the transfer pursuant to the procedures for approval of a new permit application. A "substantial change in ownership" shall mean any change in the permittee’s business structure or ownership of the business entity that results in a change of more than 51% of the original ownership. A transferred permit shall be valid for a period of one year from the date of the City Council’s approval;” and
WHEREAS, State of California Department of Cannabis Control records for Authentic Fairfield LLC ownership do not match the ownership record p rovided as part of the application for a Commercial Cannabis Retail Business Permit provided to the City of Fairfield and the business has not communicated to the City Manager as prescribed in Fairfield Municipal Code Chapter 10E that an ownership change h as taken place nor provided the required information for an ownership change; and
WHEREAS, Authentic Fairfield LLC has not wholly complied with the conditions of approval for the permit set forth as part of Resolution 2021 -143 nor provided documentation of progress on satisfying all conditions in full in order to receive a Commercial Cannabis Retail Business Permit.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council revokes the preliminary approval of Resolution 2021-143 for a Commercial Cannabis Retail Permit granted to Fairfield Authentic LLC due to the applicant’s failure to comply with FMC Chapter 10E Sections 14(b), 15(a), and 15(b), and directs the city manager to do all things necessary to effectuate this revocation.
PASSED AND ADOPTED this 4th day of March 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: ______________________________________________________ ABSENT: MEMBERS: ______________________________________________________ ABSTAIN: MEMBERS: ______________________________________________________ ______________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK