A medical cannabis establishment business license or a cannabis establishment business license is a revocable privilege and the holder of such a license does not acquire thereby any vested right. No license under this chapter can be assigned or transferred except with the approval of the City of Carlin city council and must follow all Nevada Department of Taxation policies and procedures for transferring of ownership. A medical cannabis establishment business or a cannabis establishment business must comply at all times with all applicable laws, regulations or licensing requirements in the conduct of the business.
(A) License Required:
(1) It shall be unlawful for a person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, transportation, or consumption of cannabis other than those forms of businesses and commerce that are expressly contemplated by Nevada Revised Statutes 453A and 453D and any administrative rules duly adopted by the State regulating authority and without first making application and securing a medical cannabis establishment business license or cannabis establishment business license to do so from the City of Carlin.
(2) It shall be unlawful for any person to operate any medical cannabis establishment or cannabis establishment in the City of Carlin without a valid registration certificate or license duly issued by the State regulating authority, and a license issued pursuant to this chapter and operating in compliance with any and all applicable State laws and including, but not limited to, Title 5 and Title 3 herein.
(3) It shall be unlawful for any person to provide cannabis, edible cannabis products or cannabis infused products to a medical cannabis establishment or cannabis establishment within the City of Carlin without a registration certificate or license duly issued by the State regulating authority and a license issued by the City of Carlin.
(4) Except for sales pursuant to Nevada Revised Statutes 453A.352(5), it shall be unlawful for any licensed medical cannabis establishment located within the City of Carlin to accept for sale any cannabis, edible cannabis products or any cannabis infused products from any person who has not obtained a registration certificate from the State regulating authority, or who is not duly licensed under this chapter for the provision of such products.
(5) A license is required for each medical cannabis establishment or cannabis establishment to operate in each location where that activity is to occur as required under this chapter.
(6) The holder of a business license to operate a medical cannabis establishment or cannabis establishment shall maintain at its business location adequate and accurate books and records at all times and shall be in compliance with the applicable provisions of NRS, NAC, and/or the city code of the City of Carlin.
(7) An employee of the Department of Taxation or its designee may enter the premises of a medical cannabis establishment or cannabis establishment at any time during regular business hours and without notice to examine, audit and inspect books and records for the purpose of determining the proper payment of any fees required by this section and compliance with any applicable provision of NRS, NAC and/or the City Code of the City of Carlin.
(8) The license requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other Federal, State and/or the Carlin City Code.
(9) A license issued pursuant to this section does not provide any exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution or possession of cannabis.
(B) Posting License; Failure As Grounds For Revocation: All licenses issued for medical cannabis establishments or cannabis establishments shall be posted in a conspicuous place in order that they may be readily available for inspection by authorized State of Nevada and City of Carlin officials. Failure to comply with the provisions of this subsection shall constitute grounds for revocation of any such license so not posted.
(C) Location Transfer: A medical cannabis establishment business license or cannabis establishment business license may not be transferred to a new location within the City of Carlin unless it is in accordance with this chapter and approved by city council, and complies with all State laws. (Ord. 2019-249, 12-4-2019)