A. Employee: It is unlawful for any person to accept employment in any medical marijuana establishment or facility unless such person has first registered his/her name and address with City Hall and had his/her thumbprints and fingerprints taken and filed with City Hall and has been issued a medical marijuana establishment work card. By registering with City Hall and having his/her thumbprints and fingerprints taken and filed, the person herewith authorizes the City to submit said thumbprints and fingerprints to the Federal Bureau of Investigation, pursuant to Nevada Revised Statutes 239B.010 for the purpose of conducting a national background check of the person.
B. Employer: It is unlawful for any person operating a medical marijuana establishment or facility to employ any person required to register with City Hall by the terms of this section unless such person has first obtained a medical marijuana establishment work card.
C. Medical Marijuana Establishment Work Card: Medical marijuana establishment work card shall not be issued to those persons listed below:
1. Persons convicted of any crime equivalent to a Nevada category A felony regardless of jurisdiction in which conviction occurred;
2. Persons convicted of any felony involving the use of violence against another person;
3. Persons being supervised by the Department of Parole and Probation, or its equivalent entity from another state, who lack written approval to work in a licensed establishment from the supervising agency;
4. Persons who have been convicted of any felony where firearms were used in the commission of a crime;
5. Persons who have been convicted of any felony or gross misdemeanor where the predicate crime was theft, false pretenses, unlawful use of a credit card, or identity theft.
6. A person who has successfully completed felony or gross misdemeanor probation or parole and whose civil rights have not been restored or who has not received a pardon may be entitled to a work card at the sole discretion of the City Council.
7. Except for those persons falling under subsection C1 of this section, any other person who would otherwise be ineligible for a work card due to conviction, who can establish the satisfactory completion of probation or parole and who has had no negative law enforcement contact for five (5) or more consecutive years following completion of probation or parole may apply to the City Council for a worker card under this section. The City Council retains the sole right to authorize the issuance of a medical marijuana establishment work card.
D. Full Disclosure: Failure to fully disclose a felony or gross misdemeanor criminal conviction will be sufficient grounds for denial or immediate revocation of a work card.
E. Denial Or Revocation: Any person aggrieved by the denial or revocation of a work card pursuant to this section may seek a review hearing before the City Council by filing a request for review with the City Administrator or designee within thirty (30) calendar days of the announcement of the denial or revocation of the work card.
1. Failure to appear before the City Council and/or to provide clear and convincing evidence demonstrating an error was made in the denial determination or failure to provide clear and convincing evidence meeting the requirements of subsection C6 or C7 of this section will result in an affirmance of the denial.
2. A majority vote of the City Council is required to overturn a denial or revocation subject to the Mayor's right to veto. (Ord. 707, 12-14-2017)