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(A) Each license expires one year from the date of issuance and may be renewed only by making application as provided in § 95.03. Application for renewal must be submitted at least 30 days before the expiration date. The license holder must continue to meet the license requirements to be eligible for a renewal.
(B) The renewal fee is $5,000. The town will reimburse $2,500 for applicants who fail to obtain a renewal of their registration certificate from the Department.
(C) Failure to renew a license in accordance with this section may result in additional fees. Upon expiration of the license, the town may order closure of the cannabis establishment.
(D) If a license holder has not operated an establishment for which it holds a license in the preceding 12 months, the license will not be renewed.
(Ord. passed 9-16-2021)
(A) A license may be suspended if the license holder or an employee or agent of the license holder:
(1) Violates or is otherwise not in compliance with any section of this chapter.
(2) Consumes or smokes or allows any person to consume or smoke cannabis on the premises of the cannabis establishment.
(3) Knowingly dispenses or provides cannabis or cannabis products to an individual or business to whom it is unlawful to provide cannabis or cannabis products.
(B) A license may be suspended if the license holder has its Department-issued registration certificate suspended, revoked, or not renewed by the Department or if the registration certificate is expired.
(C) A license may be suspended if the license holder creates or allows to be created a public nuisance at the cannabis establishment.
(Ord. passed 9-16-2021)
(A) A license may be revoked if the license is suspended under § 95.08 and the cause for the suspension is not remedied.
(B) A license may be revoked if the license is subject to suspension under § 95.08 because of a violation outlined in that section and the license has been previously suspended in the preceding 24 months.
(C) A license is subject to revocation if a license holder or employee of a license holder:
(1) Gave false or misleading information in the material submitted during the application process;
(2) Knowingly allowed possession, use, or sale of non-cannabis controlled substances on the premises;
(3) Operated the cannabis establishment or the business of the cannabis establishment for which a license is required under this article while the license was suspended;
(4) Repeated violations of this chapter;
(5) Operated a function of a cannabis establishment for which the license holder was not licensed (e.g., a licensed cannabis cultivation facility conducting cannabis testing functions without a cannabis testing establishment license);
(6) A license holder, or an owner, principal officer, or board member thereof, is delinquent in payment to the town, county, or state for any taxes or fees related to the cannabis establishment;
(7) A license holder, or an owner, principal officers, or board member thereof, has been convicted of, or continues to employ an employee who has been convicted of, a disqualifying felony offense as defined by SDCL Chapter 34-20G; or
(8) The license holder has its Department-issued registration certificate suspended, revoked, or not renewed or the registration certificate is expired.
(9) The license holder allows a public nuisance to continue after notice from the town.
(Ord. passed 9-16-2021)
(A) The license holder will receive a notice of intent to suspend or notice of intent to revoke informing the license holder of the violation and the city's intention to suspend or revoke the license. The notice will be hand delivered to the license holder or an employee or agent of the license holder or sent by certified mail, return receipt requested to the physical address of the cannabis establishment.
(B) If the license holder disputes the suspension or revocation, the license holder has ten days from the postmark date on the notice or the date the notice was hand delivered to request a hearing before a hearing panel, which will consist of the Town Board of Trustees.
(C) A suspension will be for 30 days and begins ten days after the postmark date on the notice or the date the notice is hand delivered unless the license holder exercises its rights to process and appeal, in which case the suspension takes effect upon the final determination of suspension.
(D) A revocation will be for one year and begins ten days after the postmark date on the notice or the date the notice is hand delivered unless the license holder appeals the revocation, in which case the revocation takes effect upon the final determination of revocation.
(E) The license holder who has had the license revoked may not be issued any cannabis establishment license for one year from the date the revocation became effective.
(Ord. passed 9-16-2021)
An applicant or license holder who has been denied a license or renewal of a license or who has had a license suspended or revoked under this article may appeal to the Town Board by submitting a written appeal within ten days of the postmark on the notice of denial, non-renewal, suspension, or revocation. The written appeal must be submitted to Town of Hermosa P.O. Box 298 Hermosa, South Dakota 57744. The appeal will be considered by the Town Board at a regularly scheduled meeting within one month of the receipt of the appeal.
(Ord. passed 9-16-2021)
No cannabis establishment license holder may transfer the license to any other person or entity either with or without consideration, nor may a license holder operate a cannabis establishment at any place other than the address designated in the application.
(Ord. passed 9-16-2021)
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