A brightly lit "open" sign is now displayed in the window of a controversial Newark cannabis club — against the city's wishes and in the midst of an ongoing criminal investigation.
, shut down after , appeared to have reopened as of Thursday afternoon.
Charges against the two club owners of the club and several co-defendents are pending at the Alameda County District Attorney's Office, said Deputy District Attorney Teresa Drendick on Thursday morning.
Owners Teddy Miller of Salinas and Bob Uwanawich of Fremont were originally arrested on suspicion of possession of marijuana for sale and sales of marijuana, according to Special Agent Michelle Gregory with the state Department of Justice.
Miller, 47, and Uwanawich, 39, were freed after posting bail but are trying to get back money seized in the raid, according to Roberts and Elliot, LLP, the attorneys representing the pair.
A total of $61,573 from four bank accounts was confiscated during the raid. Officers found $30,000 in cash, 20 pounds of processed marijuana and a shotgun during the raid, authorities said.
Last week, attorneys said the owners are demanding . (Click the link to read more.)
Officials are still investigating whether NBD, which opened in 2009, was generating a profit from the club, a representative from the State of California Franchise Tax Board said Wednesday morning.
Attorneys for the collective said it does not require a business license to operate, due to its non-profit status.
According to city code, "Charitable and Nonprofit Organizations" are exempt from being required to have a business license in order to operate within city limits. The city code states that " 'Business' means professions, trades, and occupations and all and every kind of calling whether or not carried on for profit."
However, city officials argue that NBD never had authorization to operate in Newark because the city does not allow medical marijuana dispensaries.
The club's reopening would be a repeat violation of city code, said Terrence Grindall, community development director for the City of Newark.
“Our zoning requires all uses be legal in both state and federal law,” Grindall said Wednesday morning. “They know that. They came and talked to us before they opened. We told them it wasn’t allowed and they did it anyway.”
“They’ve been rogue,” Grindall said.
The collective's opening plans come after at least two postponements. The reason for the delay is unknown. Attempts to reach the owners have been unsuccessful.
Attorney Kirk W. Elliot said his clients are more than willing to work with the City of Newark.
A public hearing to consider a conditional use permit for NBD, which was originally scheduled for July 12, has been postponed.
According to the collective's Facebook page, regular hours are 11 a.m. to 8 p.m. Mondays through Saturdays and 11 a.m. to 5 p.m. on Sundays.
Editor's Note: This report was updated 3 p.m. Thursday to reflect an update on the pending charges against the owners of NBD Cannabis Collective.
Newark Patch Editor Nika Megino contributed to this report.