Title
Receive a status report from the Cannabis Program concerning the requirement in Chapter 7.90 of the Monterey County Code that all employees and property owners must undergo Live Scan to receive a Cannabis Business Permit; review options regarding the Live Scan requirement; and provide direction to staff as appropriate.
Report
RECOMMENDATIONS:
It is recommended the Board of Supervisors:
a. Receive a status report concerning the requirement in Chapter 7.90 of the Monterey County Code that all employees and property owners must undergo Live Scan to receive a Cannabis Business Permit;
b. Review options regarding the Live Scan requirement; and
c. Provide direction to staff as appropriate.
SUMMARY/DISCUSSION:
Background on Live Scan Requirement
Monterey County Code (MCC) Section 7.90.050(C)(8) currently reads as follows: "All property owners, owners, supervisors, employees, and persons having a twenty percent (20%) or more financial interest must submit fingerprints and other necessary information for a criminal background check conducted by the Monterey County Sheriff's Office." The Section was amended and approved by the Board of Supervisors on September 30, 2019. In short, the above detailed individuals must undergo Live Scan for a Cannabis Business Permit (CNB) to be issued.
At the November 20, 2019 Board Cannabis Committee meeting, public comment was received regarding the employee Live Scan requirement, including:
* Section 7.90.050(C)(8) pertaining to criminal background checks presents an interpretation issue and is prohibitive for operators and their workforce. Also, the Section should follow state law, which does not require employees to provide fingerprint screening.
* The Cannabis Industry is labor intensive, providing year-round jobs and above average pay and working conditions. When polled about fingerprint requirements, employees stated they would seek other employment to avoid jeopardizing their immigration or asylum status.
The Pro...
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