A. Suspension or revocation of a license may be based on a violation of State Statutes, City Code, or State or local rules and regulations, any of the terms, provisions or requirements imposed as a condition of issuance of the license, or upon the discovery of information that the licensee has made a wilful misrepresentation in applying for and obtaining a license, or that the licensee is a person prohibited as a licensee pursuant to Colorado Revised Statutes section 44-10-307. If the licensee does not contest the violation of a State Statute, City Code, or State or local rules and regulations, the licensee may enter into a stipulated agreement with the Local Licensing Authority without the need for a hearing. If the licensee contests the alleged violation of a State Statute, City Code, or State or local rules and regulations, the licensee shall be afforded an opportunity to be heard, present evidence, cross examine witnesses, and offer evidence in defense of any alleged violations.
B. The Hearing Officer, upon the filing of a notice and order to show cause by the City, and after a hearing on the matter, shall have the power to suspend, revoke or deny renewal of any license issued pursuant to this article for any violation by the licensee, its agents, servants or employees. The power to summarily suspend a license exists only in the Hearing Officer.
C. Hearing procedures are to be in accord with the procedures contained in this section and article 1, part 8 of this chapter, as supplemented by State and local medical marijuana business licensing rules and regulations. The following procedures apply to suspension or revocation proceedings initiated against medical marijuana business licensees:
1. Following an investigation and upon determination that there is probable cause to believe that one or more of the grounds specified in subsection A of this section exist, the Local Licensing Authority may issue an order to show cause and, if the violation is contested, a notice of hearing to any person or business licensed pursuant to this article.
2. The order to show cause and notice of hearing shall be served by mail to the licensee at the address contained on the application or license, or by personal service.
3. The Hearing Officer shall have power to require an oath and to issue subpoenas. Compliance with any subpoena issued may be enforced by application of the Hearing Officer to the Municipal Court of the City, where enforcement may be in the same manner as contempt of court is enforced.
4. A record of the proceedings before the Hearing Officer shall be electronically recorded.
D. Appeals from the decisions of the Hearing Officer shall be to the courts of Colorado in accord with the Colorado Rules of Civil Procedure as now existing or as amended. The action of the Hearing Officer shall constitute final agency action of the Local Licensing Authority for all purposes under the applicable State Statutes, City Code and State and local rules and regulations. (Ord. 11-32; Ord. 16-32; Ord. 16-56; Ord. 20-93)