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The State Board of Equalization has determined that medical marijuana transactions <br /> are subject to sales tax, regardless of whether the individual or group makes a profit, <br /> and those engaging in transactions involving medical marijuana must obtain a Seller's <br /> Permit from the State Board of Equalization. Such permit shall be conspicuously <br /> displayed at the Dispensary. Failure to maintain the Seller's Permit is grounds for <br /> revocation of the Dispensary permit. <br /> 4-33-700 — Revocation, Suspension and Appeals. <br /> For suspensions or revocations of Dispensary permits, the City shall follow the <br /> procedures set forth in San Leandro Zoning Code section 5-2906, unless the <br /> suspension shall be effective immediately by order of the City Manager or his or her <br /> designee pursuant to section 4-33-900 of the Municipal Code. <br /> 4-33-800 — Prohibited operations; Nonconforming Use and Immediate Suspension <br /> of Permit. <br /> All dispensaries in violation of California Health and Safety Code Section 11362.7 et <br /> seq. and 11362.5 et seq., this Chapter, or any other applicable State law are expressly <br /> prohibited. It is unlawful for any Dispensary in the City, or any agent, employee or <br /> representative of such Dispensary to permit any breach of peace therein or any <br /> disturbance of public order or decorum by any tumultuous, riotous or disorderly conduct <br /> on the premises of the Dispensary, or to violate any State law, or this Chapter. Any <br /> person arrested for violation of law, or acts expressly prohibited herein while upon, <br /> inside, or within 10 feet of the premises shall be just cause for immediate suspension of <br /> the Dispensary permit by the City Manager until such time that a hearing in accordance <br /> with San Leandro Zoning Code section 5-2906 is held, and a final decision made. <br /> No use which purports to have distributed marijuana prior to the enactment of this <br /> Chapter shall be deemed to have been a legally established use under the provisions of <br /> the San Leandro Zoning Code, the San Leandro Municipal Code, or any other local <br /> ordinance, rule or regulation, and such use shall not be entitled to claim legal <br /> nonconforming status. <br /> 4-33-900 — Liability. <br /> To the fullest extent permitted by law, any actions taken by a public officer or employee <br /> under the provisions of this Chapter shall not become a personal liability of any public <br /> officer or employee of the City of San Leandro. <br /> 2203028.1 <br /> 14 <br />