Home Antioch Antioch Preparing to Take Legal Action Against Church Distributing Marijuana

Antioch Preparing to Take Legal Action Against Church Distributing Marijuana

by ECT

In a letter dated January 16, the City of Antioch has sent a cease and desist letter to ONAC of the East Bay to halt operation of their cannabis operation.

For more than a month, this publication has been attempting to get answers from the City of Antioch regarding ONAC and how they were allowed to run their operation outside of the designated zones previously approved by the City Council.

In a Dec. 20 email from Police Chief Tammany Brooks, he confirmed an investigation was ongoing regarding the Oklevueha Native American Church (ONAC).

“Upon completion of the investigation into what is actually taking place at this location, a determination will be made into what steps the City will take, ensuring our actions are lawful and defensible.  The City’s intent is to ensure all operations dispensing cannabis are consistent with all local, state, and federal laws,” said Brooks.

Brooks also stated that as of December 20, the police department had not yet received any complaints about the business, but were investigating what (if any) illegal activity might be occurring.

On January 3rd City Manager Ron Bernal declined to answer any questions about the process and how they opened, but rather simply stated the issue was with legal.

By January 17, we asked for an update, there was no reply from City Staff, however, Antioch City Councilman Lamar Thorpe replied to our question by stating the operation was never permitted.

“They’re an illegal operation and has nothing to do with our process. You should also pose your question to the owner of the property who allowed them to open their door in the first place. I believe his name is Gabriel Chu,” stated Thorpe.

According to ONAC of Antioch Inc, Articles of Incorporation of a Nonprofit Public Benefit Corporation, listed on the State Website, the non-profit was aimed at both public purposes and charitable purposes with a specific purpose of this corporation is to be a “Cannabis Church”.  The paper was filed Oct. 12.

ECT has obtained a copy of the letter sent by the City to both Gabriel H Chu (Property owner) and Daytrea Harvey of ONAC.

Here is a copy of the letter:

Via Certified Mail
Gabriel H Chu
Har Tr Lai
1767 Germano Way
Pleasanton, CA 94566-2261

Via Hand Delivery

Daytrea Harvey
ONAC of East Bay
1663 A Street
Antioch, CA

RE: Notice to Immediately Cease and Desist from Violations of Antioch Municipal Code and State Law Concerning Unpermitted Cannabis Business

Address : 1611 A Street (Antioch Square Shopping Center)
APN: 065-183-035-8

To Whom it May Concern:

As the Interim City Attorney for the City of Antioch, I advise you that an unpermitted cannabis business operation is operating at the above address. The operation of this cannabis business, which includes the selling, making available, or giving away of cannabis or cannabis products for either medical or recreational use, is in direct violation of the Antioch Municipal Code. The operation must cease and desist immediately.

Antioch Municipal Code section 9-5.3845(A) makes it unlawful and a misdemeanor for any person or business to engage in commercial cannabis use without first obtaining a permit from the City of Antioch. The operation observed at the property meet the definition of commercial cannabis use as stated in Antioch Municipal Code section 9-5.203. There is no record of the cannabis business operation at the above property having a cannabis business permit from the City of Antioch.

Antioch Municipal Code section 9-5.3845(B)(1) makes it unlawful and a misdemeanor for any person or business to operate a cannabis business, within 600 feet of any private or public school serving students grade kindergarten through high school. The parcel upon which your cannabis business operates are being conducted within 600 feet of Kimball Elementary School, a public elementary school located at 1310 August Way, Antioch CA 94509, and Holy Rosary Catholic School, a private school located at 25 East 15th Street, Antioch CA 2509.

Antioch Municipal Code section 9-5.3845(B)(3) makes it unlawful and a misdemeanor for any person or business to operate a cannabis business within 600 feet of any property occupied by a residential land use or with a residential zoning designation. The parcel upon which the cannabis business is operating is adjacent to numerous properties with residential land use or zoning designations, including, but not limited to 20 East 16th Street through 44 East 16th Street, Antioch CA 92509.

The cannabis business operations are also in violation of California State Law. Business and Professions Code section 26200, subdivision (a)(1), specifically authorizes the City of Antioch to regulate cannabis business through the adoption and enforcement of local ordinances, including local zoning and land use requirements, such as those listed above. Business and Professions Code Section 26055m, subdivisions (C)-(G) require cannabis businesses to obtain local permits before engaging in commercial cannabis activities. The failure to operate with a local cannabis business permit and a state cannabis business license is in violation of state law. Additionally, Business and Professional Code section 26054, subdivision (b), and Health and Safety Code section 11362.768 makes it unlawful under state law to establish a cannabis business within 600 feet of any school.

You are directed to immediately cease and desist from the above activities. You are further advised that should you fail to immediately discontinue your violation of the Antioch Municipal Code and state law, this Office will take all available legal action to compel your compliance with applicable law and abate the public nuisance that exist at the above referenced property. Such an action could include, but may not be limited to, the seeking of a preliminary and permanent injunction in court, the seeking of fines and penalties, and the recovery of all the City’s attorney fees and costs in any legal action it pursues.

To avoid legal action being taken against you, you have 10 days from the date of this letter to advise this Office in writing of the completed cessation of the illegal cannabis business at the above property. This office looks forward to your anticipated cooperation.

Very truly yours,

Derek Cole
Interim City Attorney
CC: Ron Bernal, City Manager
Forrest Ebbs, Community Development Director
Curt Michael, Code Enforcement Officer

Check back for updates.

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9 comments

Lola Saavedra Jan 23, 2019 - 2:33 pm

You’d think they would be heavily into peote

ManBearPig Jan 23, 2019 - 3:08 pm

I would hope that they wouldn’t release investigative notes to the public before they’ve come to a final conclusion as to who’s doing what and issue a legal notice to cease the behavior.

They were getting their ducks in a row before they act, very smart. The media should follow their example and act on facts rather than emotion.

Simonpure Jan 23, 2019 - 5:36 pm

and where do you think ECT received their information

ManBearPig Jan 23, 2019 - 5:47 pm

ECT said they’ve been trying to get info on this active investigation from the city for over a month….the city released what was public information when it was appropriate to release it.

Guess they thought they’re special and would get an early exclusive scoop.

Perry Jan 23, 2019 - 7:04 pm

They just want their piece of the pie. Let the church do their thing. It’s good old American enterprise. It’s already known that cannabis was made illegal to put brown people in jail. This is just more proof.

Mike g Jan 23, 2019 - 8:46 pm

Why not put a chain on the door and arrest these punks? Letter? Please dont forget to cookies and milk too.

Marty Fernandez Jan 26, 2019 - 9:36 am

The city needs to shut down every property Mr Chu owns and revoke business licenses. He breaks every possible law he can. Manages all subpar properties and in general trashes this city at his shopping centers. All of them. We need to do alot more than we are as a city to prevent landlords like Chu from doing business!

thedude Jan 28, 2019 - 8:14 am

IMO i have no issues with them being a dispensary if they conform to the laws. I also dont have an issue with that location of choice since it is somewhat away from the viewable area from the street and away from schools. I do have an issue with MR CHU being a slumlord and not maintaining his properties…. it can affect housing market value in more than one way.

DEEDEE Jan 31, 2019 - 1:46 pm

Just be it as it may not everyone thinks alike. the city did not mention that they did have all permits and DID in fact know the churched intent. So before you judge why not come and help some of our community programs, feeding the homeless, food drives, helping finding jobs, creating jobs, I love the names that they are being called it just lets me know that they is still a great amount of Ignace and hate. Please Please just me,, call they a punk and every other word if that makes you feel good about yourself, and up lifting. Then by any chance donate your milk and cookies so we can continue to feed our community, rather then look the other way and tell them what is best for them and return to your home with food heat, lights, BED. So if want to arrest them for that. Don’t forget to be here to take my place. They heal and help others what are you doing,, OOOOOHHH I forgot you don want them to take milk and cookies from out your mouth..

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