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If the cannabis business has not been in regular and continuous operation in the preceding four months at the permitted location, the cannabis business permit shall be considered abandoned, unless mitigating circumstance occur which was beyond the control of the permittee and an extension has been authorized by the City Manager.
(Ord. 1780, passed 6-1-22)
If an applicant is denied a permit due to a disqualifying factor including, but not limited to, failing a background check or not complying with any state, or local jurisdictions regulatory requirements in which legal or administrative action has been taken, a new application may not be filed by the applicant for one year from the date of the denial. This section shall not apply to an approved applicant not awarded a permit resulting from the city not selecting them for one of the permits in the application process.
(Ord. 1780, passed 6-1-22)
All permits issued under the provisions of this chapter shall be effective for a period not to exceed one year from the date of issuance. The City Manager may renew a permit through the procedures identified in § 123.18.
(Ord. 1780, passed 6-1-22)
(A) An application for renewal of a cannabis business permit shall be filed by the cannabis business permittee at least 60 calendar days prior to the expiration date of the current permit.
(B) The renewal application shall contain all the information required for new applications.
(C) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter.
(D) An application for renewal of a cannabis business permit may be rejected if any of the following exists:
(1) The application is filed less than 60 days before its expiration or a shorter time period which shall be at the discretion of the City Manager.
(2) The cannabis business permit is suspended or revoked at the time of the application.
(3) The cannabis business has not been in regular and continuous operation in the four months prior to the renewal application or the approved extension of the deadline from the City Manager.
(4) The cannabis business has failed to conform to the requirements of the cannabis business permit or this chapter or any regulations adopted pursuant to this chapter.
(5) The permittee fails or is unable to renew its State of California license.
(6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations and the state has determined that the violation is grounds for termination or revocation of the cannabis business permit.
(7) Violation of § 123.08.
(E) The City Manager is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Manager is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety, or welfare. Appeals from the decision of the City Manager shall be handled pursuant to this chapter.
(F) If a renewal application is denied, a person may file a new application pursuant to this chapter not sooner than one year from the date of the denial.
(Ord. 1780, passed 6-1-22)
Cannabis business permits may be suspended, revoked or modified for any violation of this chapter, any state or local laws, rules, and/or any standards, policies, procedures, or regulations adopted pursuant to this chapter relating to cannabis businesses. A decision of the city to suspend, revoke or modify a cannabis permit is appealable as set forth in this chapter.
(Ord. 1780, passed 6-1-22)
Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the cannabis business permit of the cannabis business. If the State of California or its respective department or division reinstates or reissues the state license, the cannabis business may seek reinstatement of its cannabis business permit if the business can demonstrate that the grounds for revocation of the license by the state no longer exist or that the underlying deficiency has otherwise been cured. Any cannabis business permittee shall inform the city of any suspension of a state license.
(Ord. 1780, passed 6-1-22)
Revocation or termination of a license issued by the State of California, or by any of its departments or divisions, shall immediately revoke or terminate the cannabis business permit of the cannabis business. Any cannabis business permittee shall inform the city of any revocation or termination of a state license.
(Ord. 1780, passed 6-1-22)
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