A. All licenses authorized and issued under the provisions of this chapter may be subject to immediate suspension by the City Administrator, if the City Administrator finds that:
1. A licensee has violated, or permitted, allowed or caused a violation of any provision of this chapter, any regulation issued pursuant to this chapter, any condition of approval imposed upon the issuance of the permit or license, or any State law or regulation relating to the operation;
2. The State registration certificate has been surrendered, suspended or revoked;
3. Based on ascertainable facts, the operation substantially aggravates the crime problems in the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety or welfare of the City;
4. A licensee has made any fraudulent statements as to a material fact on an application form, as to any other information presented as part of the application process, or in connection with any other information required to be submitted to the City pursuant to this chapter;
5. A licensee knowingly commits any act which would have constituted grounds for denial of an application for a license;
6. A licensee has failed either to file required reports, annual review documentation or to furnish such information as may be reasonably required by the City Administrator under the authority vested in the City Administrator by the terms of the provisions relating to licensing;
7. Any fact or condition exists which, if it had existed or been known to exist at the time of the application for such compliance permit or license, would have warranted the City Administrator to recommend denial of the permit or license;
8. The licensee has failed to maintain the premises in compliance with the requirements of the building official or the State Fire Marshal or if applicable City Fire Chief or any Environmental or Health Department.
B. Any act or omission committed by any employee, agent, or independent contractor that occurs in the course of his or her employment, agency, or contract with the licensee shall be imputed to the licensee for the purposing of imposing any civil penalty, suspension, or revocation on the licensee.
C. In the event any condition is found to exist which justifies suspension of a license, the City Administrator shall have the discretion to recommend to the City Council that the license be revoked, or other penalty imposed.
1. In the event of the suspension of any license, the City Administrator shall provide written notice by certified mail addressed to the licensee and the building owner at the addresses of record. Notice shall also be sent to the State regulating authority.
2. Failure to immediately suspend all business operations to the public or other medical marijuana establishments shall require the City Administrator to post or have the property posted on the property "CLOSED BY ORDER OF THE CITY", signed and dated by the City Administrator, and shall be grounds for revocation of a license. Staff of a licensed cultivation facility shall be permitted to be onsite during the appeal process to maintain the needs of the plants for a cultivation facility.
D. A licensee may appeal any suspension, nonrenewal or other penalty to the City Council. Any suspension or other penalty shall be effective pending completion of any appeal. (Ord. 707, 12-14-2017)