(A) Each license is exclusive to the licensee and cannot be sold or transferred without prior approval of the City Council. The attempted transfer, sale or other conveyance of an interest in a license without prior approval of the City Council is grounds for suspension or revocation of the license or for other appropriate sanction. Any licensee seeking to transfer or sell a license must request approval of such transfer or sale in writing to the City Council at least 60 days prior to the proposed transfer or sales date. No transfer or sale of a city license may occur prior to City Council approval.
(B) The City Council, after notice and hearing, may suspend, revoke or refuse to renew a license for any of the following reasons:
(1) The applicant or licensee, or his/her agent, manager or employee, has violated, does not meet or has failed to comply with any of the terms, requirements, conditions of provisions of this subchapter, with city zoning approvals or with any applicable state or local law or regulation; or
(2) The adult use marijuana establishment has operated in a manner that adversely affects the public health, safety and welfare.
(C) Evidence to support a finding for nonrenewal, suspension or revocation of a license may include, without limitation, a continuing pattern of conduct of drug related criminal complaints within the premises of the adult use marijuana establishment or in the immediate surrounding area or an ongoing nuisance condition, including but not limited to odors, emanating from or caused by an adult use marijuana establishment or such other ordinance violations.
(D) An applicant may appeal any city decision regarding licensure, nonrenewal, suspension or revocation of a license to the full City Council, upon written request. An applicant requesting such appeal shall submit the request in writing to the City Clerk, which request shall include reasons for the appeal. The City Clerk shall, within a reasonable time thereafter, provide notice to the applicant of the time and date of the City Council meeting at which the appeal will be heard. At such meeting, the applicant will have the opportunity to present his/her case supporting their appeal request.
(E) A licensee may request an extension of their city license from the City Council for a period of up to six months. Such request must be submitted to the City Clerk in writing at least 30 days prior to the license expiration. The City Council has the authority to grant up to two six-month extensions, but may only grant one six-month extension at a time.
(F) An applicant seeking a license transfer or appealing a license decision shall pay a nonrefundable fee in the amount of $2,000 for each request. This fee is intended to help defray the city's administrative costs associated with processing a transfer or an appeal request. Such fee will be paid to the City Clerk at the time the transfer or appeal request is submitted.
(Ord. 24-009, passed 10-28-24)