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HomeMy WebLinkAboutAB 1894 LTR to Ammiano 20140520�� t Y o�. .01Q Q* cityof sAntuis oospo cn p 04� �� OFFICE OF THE CITY COUNCIL 4 / g O 990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119 May 20, 2014 VIA FACSIMILE ONLY 916-319-2117 The Honorable Tom Ammiano Chair, Assembly Public Safety Committee State Capitol, Room 3146 Sacramento, CA 95814 Re: AB 1894. Falsely Filed Liens or Encumbrances (Medical Cannabis Regulation and Control Act) NOTICE OF OPPOSITION Dear Assembly Member Ammiano: The City of San Luis Obispo respectfully opposes AB 1894. AB 1894 represents an approach that has consistently fueled rigorous local government opposition to marijuana legislation. It would be divisive and ultimately counterproductive to implement a regulatory scheme for marijuana that overtly, or, through various subtle means, seeks to undermine local control. A troubling aspect of this bill is its designation of the Department of Alcoholic Beverage Control (ABC) as the state licensing entity. Based on its regulation of liquor stores, ABC's regulatory model is one of near -total state pre-emption. Currently, liquor stores must be sited in a fashion consistent with local zoning ordinances, but local governments are severely restricted in their ability to engage in any subsequent regulation of licensees. This is disturbing in the context of marijuana dispensaries, which can entail more serious public safety challenges than liquor stores. AB 1894 represents another attack on municipal zoning and business licensing ordinances. This measure delegates key local land use and zoning powers to the Department of Alcoholic Beverage Control. Specifically, AB 1894 directs that ABC shall have the authority to decide "the maximum number of dispensaries that may operate in a city or county", seeking to usurp a classic local zoning function. Cities are best equipped to perform this function for themselves based on local values and priorities. AB 1894 further undermines local control by delegating to ABC the exclusive power to adopt standards and minimum regulations for the operations of dispensaries, including but not limited to hours of operation, signage and advertising. No state agency is equipped to craft such regulations for 482 cities. This is why regulations of this type are currently commonly found in local ordinances, not state statutes. Charging a state agency with developing a one -size -fits -all city of San Luis OBlspo Assembly Member Ammiano May 20, 2014 Page 2 "cookie cutter" approach will violate municipal sovereignty, which in turn will only lead to more litigation on this issue. AB 1894 contains legislative intent language to "allow" cities to enact reasonable zoning ordinances with respect to dispensaries and related activities. This statement is clearly inconsistent with existing law, which vests local governments with zoning powers under State Constitution. Under Article XI, Section 7 of the California Constitution, "a county or city may make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws." This inherent local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders. In other words, the California Constitution already makes clear that decisions on zoning and local land use are the responsibility of local governments. Various provisions in the bill are in conflict with this fundamental concept of local control. This will lead to litigation, in which a court will predictably try to resolve the conflict by looking at whatever evidence of legislative intent can be gleaned from the text of the bill. Currently every expression of legislative intent in the bill lends itself to a legal finding of state pre-emption. Language of this type provides cities with no comfort whatsoever that their local ordinances will not be pre-empted by this legislation. For the above reasons, the City of San Luis Obispo opposes AB 1894. Sincerely, an Marx ayor Cc: City Council Police Chief Senator Bill Monning, fax 916-445-8081 Assembly Member Katcho Achadjian, fax 916-319-2135 David Mullinax, League of California Cities, dmulllinaxLcyslocity.org