A. For the Local Licensing Authority to grant a medical marijuana business license, the applicant must comply with all applicable State and local laws, ordinances, rules and regulations, and must meet the following qualifications:
1. The applicant must be in compliance with City Zoning Code;
2. The applicant must have a sales tax license;
3. The applicant must have possession of the licensed premises;
4. The applicants that are natural persons must be twenty one (21) years of age or older; and
5. The medical marijuana center license applicant must be in possession of a storefront from which the business will be operated.
B. In addition to the grounds set forth in this chapter and applicable State or local law, rules or regulations, the Local Licensing Authority may deny any medical marijuana license if:
1. The applicant fails to meet those criteria set forth in the Colorado Marijuana Code;
2. Has made a wilful misrepresentation in applying for a license;
3. Has been previously denied a license under this chapter;
4. Was a licensed medical marijuana establishment and the license was revoked, unless the Local Licensing Authority determines that the licensee was not responsible for the misconduct underlying the revocation;
5. Has been convicted of operating without a license under this part or performing any act for which a license is required under this chapter.
C. Failure of the applicant to provide proof of State Marijuana Enforcement Division acceptance of the application within one (1) year from the date of City application may cause the application to be deemed withdrawn. If the applicant does not receive State jurisdictional approval within one year of the date of Local Licensing Authority approval, the City license application expires and may not be renewed. If an application is denied by the State Licensing Authority, the Local Licensing Authority shall revoke the City issued approval or license.
D. Any applicant aggrieved by the decision of the Local Licensing Authority may appeal the decision to deny or condition a license to the Hearing Officer in accord with the Local Licensing Authority's rules and regulations. (Ord. 11-32; Ord. 16-32; Ord. 16-56; Ord. 20-93)