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Each medical marihuana provisioning center or marihuana retailer within the village for which a permit is granted shall be operated and maintained in accordance with all applicable laws, rules, and regulations. Upon any violation of this section or any section of this chapter, the Clerk may, after a notice and hearing, revoke or suspend such permit as hereinafter provided.
(Ord. 13.03, passed 11-3-20)
The Clerk shall notify an applicant or permittee of the reasons for denial of an application for a permit or permit renewal or for revocation of a permit or any adverse decision under this chapter and provide the applicant or permittee with the opportunity to be heard. Any applicant or permittee aggrieved by the denial or revocation of a permit or adverse decision under this chapter may appeal to the Clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the Clerk. Such appeal shall be taken by filing with the Clerk, within 14 days after notice of the action complained of has been mailed to the applicant or permittee's last known address on the records of the Clerk, a written statement setting forth fully the grounds for the appeal. The Clerk shall review the report and recommendation of the hearing officer and make a decision on the matter. The Clerk's decision may be further appealed to the Council if applied for in writing to the Council no later than 30 days after the Clerk's decision. The review on appeal of a denial or revocation or adverse action shall be by the Council pursuant to this chapter. Any decision by the Council on an appeal shall be final for purposes of judicial review. The Clerk may engage professional experts to assist with the proceedings under this section.
(Ord. 13.03, passed 11-3-20)
In addition to any other reasons set forth in this chapter, the village may refuse to issue a permit or grant renewal of the permit or suspend or revoke the permit for any of the following reasons:
(A) A material violation of any provision of this chapter.
(B) Any conviction of a disqualifying felony by the permittee or any stakeholder of the permittee that would disqualify that person from obtaining a state license under the MMFLA or MRTMA.
(C) Failure of the permittee to obtain or maintain a license from the state pursuant to section 14 of the MMFLA or MRTMA.
(Ord. 13.03, passed 11-3-20)
Any person who violates this chapter shall be responsible for a municipal civil infraction as defined in § 10.99.
(Ord. 13.03, passed 11-3-20)