Santa Rosa City Council member Eddie Alvarez’s cannabis dispensary faces closure for not having proper permits, unpaid taxes
Santa Rosa City Council member Eddie Alvarez is racking up daily fines of $500 and faces potential legal sanctions for defying a city order issued in mid-March to close his cannabis dispensary.
Code enforcement officers served a cease-and-desist order on his Russell Avenue business, The Hook, March 15 after learning he didn’t have a valid state permit to operate retail businesses.
It’s unclear when the permit was revoked, but the issue appears to stem from at least $380,000 owed in state business taxes.
This is the first time the city has taken steps to close a dispensary, officials said.
To date, Alvarez’s city citations amount to more than $9,000, according to city records.
The California Department of Tax and Fee Administration notified the city in February that it sought to seize Alvarez’s property to recover unpaid taxes.
Alvarez’s tax woes were well known inside City Hall, according to city officials, but the notice kicked off an internal code complaint. An investigation found his business was in violation of several city codes for failing to pay state taxes and not having the proper business permits, according to city employees and copies of the case file and closure order.
Alvarez, who was first elected in 2020, said Tuesday he has been working with state tax authorities to pay down his balance and reinstate his seller’s permit and was surprised by the city’s action. The city didn’t give him a grace period to remedy the issue before ordering him to close, he said.
“I find it very unjust that I’m having positive talks with the state agency and now I’m having my own city saying I can’t operate,” he said. “It’s very frustrating.”
Santa Rosa Cease and Desist.pdf
Alvarez said he can’t afford to shutter the business, so he has remained open despite the accumulating fines.
He said his case shows how the regulatory hurdles and tax liabilities dispensaries face make it hard for smaller operations like his to operate.
The case is emblematic of the financial struggles faced by cannabis operators across California as they grapple with hefty tax burdens, according to industry experts.
The state tax agency, working with California Highway Patrol and local licensing authorities, has conducted more than 1,000 inspections of cannabis retailers, distributors and growing operations since 2020 and seized more than $32 million in cash and products, according to a June story in the trade publication Marijuana Business Daily.
It was not immediately clear how many of those retailers had been forced to close by the state or municipalities.
The city crackdown isn’t the first time Alvarez’s dispensary has faced scrutiny over unpaid taxes.
CHP officers and state tax officials in June 2022 confiscated more than $200,000 in cash from the business to cover unpaid taxes. Alvarez said at the time he hadn’t paid state taxes since opening The Hook in northwest Santa Rosa in 2019.
City Manager Maraskeshia Smith said city staff have treated the latest case as they would any other code complaint so as to not give the appearance of favoritism. Alvarez, who represents Roseland, South Park and other parts of south Santa Rosa in District 1, is one of seven elected members on the council.
“This is a code enforcement issue and we handle it like we do any other case,” Smith said.
State notice spurs city action
The California Department of Tax and Fee Administration notified the city in a Feb. 13 letter that it sought to seize Alvarez’s business and other properties and accounts tied to him to pay off just over $383,000 in unpaid taxes, interest and fees, according to a copy provided by the city.
Such seizures, known as levies, are one of several measures the agency takes to collect unpaid taxes.
The letter led to a discussion between the tax agency and city officials about the delinquent taxes. City officials learned during those conversations that The Hook’s seller’s permit had been revoked, Senior Code Enforcement Officer Cassidy Anderson said.
Anderson said city staff members were already aware the business was behind on state taxes and had been reviewing potential enforcement measures before receiving the state notice.
Enforcement officials decided to take immediate action after learning Alvarez’s seller’s permit was inactive, Anderson said.
A seller’s permit is a state license that allows businesses to sell merchandise or property.
The ensuing city investigation found it was in violation of several city codes and state tax laws related to the reporting and remittance of cannabis taxes and for operating without proper permits.
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