(A) A license issued under this chapter may be revoked after an administrative hearing and a determination that any grounds for revocation under division (B) exist. Notice of the time and place of the hearing and the grounds for revocation must be given to the licensee at least five days prior to the date of the hearing, by first class mail to the address given on the license application or any address provided pursuant to § 116.06(B)(1), (2) or (3).
(B) A license issued under this chapter may be denied or revoked on any of the following bases:
(1) A material violation of any provision of this chapter;
(2) Any conviction of a disqualifying felony by the licensee, stakeholder, or any person holding an ownership interest in the license;
(3) Commission of fraud or misrepresentation or the making of a false statement by the applicant, licensee, or any stakeholder of the applicant or licensee while engaging in any activity for which this chapter requires a license;
(4) Failure to obtain and maintain a certificate of approval from the Village Clerk; or
(5) The medical marihuana establishment is determined by the village to have become a public nuisance.
(C) The Village Clerk shall notify an applicant of the reason(s) for denial of an application or revocation of a license and provide the applicant with the opportunity to be heard. Any applicant aggrieved by the denial or revocation of a license under this chapter may appeal to the Village Clerk, who shall appoint a hearing officer. Such appeal shall be taken by filing with the Village Clerk, within 14 days after notice of the action complained of has been mailed to the applicant’s last known address on the records of the Village Clerk, a written statement setting forth fully the grounds for the appeal. The review on appeal of a denial or revocation shall be limited to whether there has been an abuse of discretion in the decision or that the decision is not supported by material and competent evidence. The final and conclusive decision on appeal shall be the Village Council who shall receive a report and recommendation from the hearing officer.
(Ord. 2017-5, passed 8-21-2017; Ord. 2019-1, passed 8-19-2019)