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�� t Y o�. <br />.01Q Q* cityof sAntuis oospo <br />cn p <br />04� <br />�� OFFICE OF THE CITY COUNCIL <br />4 / g O 990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119 <br />May 20, 2014 <br />VIA FACSIMILE ONLY 916-319-2117 <br />The Honorable Tom Ammiano <br />Chair, Assembly Public Safety Committee <br />State Capitol, Room 3146 <br />Sacramento, CA 95814 <br />Re: AB 1894. Falsely Filed Liens or Encumbrances (Medical Cannabis <br />Regulation and Control Act) <br />NOTICE OF OPPOSITION <br />Dear Assembly Member Ammiano: <br />The City of San Luis Obispo respectfully opposes AB 1894. <br />AB 1894 represents an approach that has consistently fueled rigorous local government <br />opposition to marijuana legislation. It would be divisive and ultimately counterproductive to <br />implement a regulatory scheme for marijuana that overtly, or, through various subtle means, <br />seeks to undermine local control. <br />A troubling aspect of this bill is its designation of the Department of Alcoholic Beverage <br />Control (ABC) as the state licensing entity. Based on its regulation of liquor stores, ABC's <br />regulatory model is one of near -total state pre-emption. Currently, liquor stores must be sited in <br />a fashion consistent with local zoning ordinances, but local governments are severely restricted <br />in their ability to engage in any subsequent regulation of licensees. This is disturbing in the <br />context of marijuana dispensaries, which can entail more serious public safety challenges than <br />liquor stores. <br />AB 1894 represents another attack on municipal zoning and business licensing <br />ordinances. This measure delegates key local land use and zoning powers to the Department of <br />Alcoholic Beverage Control. Specifically, AB 1894 directs that ABC shall have the authority to <br />decide "the maximum number of dispensaries that may operate in a city or county", seeking to <br />usurp a classic local zoning function. Cities are best equipped to perform this function for <br />themselves based on local values and priorities. <br />AB 1894 further undermines local control by delegating to ABC the exclusive power to <br />adopt standards and minimum regulations for the operations of dispensaries, including but not <br />limited to hours of operation, signage and advertising. No state agency is equipped to craft such <br />regulations for 482 cities. This is why regulations of this type are currently commonly found in <br />local ordinances, not state statutes. Charging a state agency with developing a one -size -fits -all <br />