A. The grounds for denial of an initial denial of a Commercial Cannabis Permit are limited to the following:
1. Deviation from the City’s published Application Procedures that adversely affected the applicant by altering the outcome of the City’s decision on the applicant’s application. Examples of appealable deviations are:
a. Failure on the part of the City to provide appropriate notification regarding changes to the application process via website postings and/or email to the applicant prior to the time the application was submitted;
b. Failure on the part of the City to provide an applicant an equal opportunity to modify an application, where that opportunity was provided to other applicants required to comply with the same criteria under the exact same process for the type of activity in which they applied for in the City.
2. Scoring of one or more portions of the applicant’s application was not justified based on the information presented in the application, or due to a material error or omission on the part of the individual(s) scoring the application.
B. Any appeal based upon Section 5.42.170.A(1) must be supported by substantial evidence that the applicant presented the relevant information with completeness and in the appropriate section of the application. Information presented in the application that is incomplete in nature, or that is relevant to a question posed by the City on the application form but appears in the incorrect section, even if complete, may be grounds for the dismissal of the appeal.
(Ord. 2552 §1, Ord. 2589 §2)