(a) Any City license issued under this Chapter may be revoked or suspended by the City after written notice and an administrative hearing if the City finds and determines that grounds for revocation or suspension exist. Any grounds for revocation or suspension must be provided to the licensee at least ten (10) days prior to the date of the hearing by first class mail to the address given on the License Application or any address provided to the City Clerk in writing subsequent to the filing of an application.
(b) A license applied for or issued may be denied, revoked or suspended on any of the following grounds:
(1) A violation of any provision of this Chapter, including, but not limited to, the failure to provide the information required by this Chapter;
(2) Any conviction of a felony or any misdemeanor involving controlled substances, theft or dishonesty by the licensee, stakeholder, or any person holding an ownership interest in the license;
(3) Commission of fraud or misrepresentation or the making of a false statement by the applicant, licensee, or any stakeholder of the applicant or licensee while engaging in any activity for which this Chapter requires a license;
(4) Failure to obtain a certificate of occupancy from the Building Department;
(5) Failure to obtain or maintain a license or renewed license from the City Clerk pursuant to this Chapter;
(6) Failure of the licensee or the Marihuana Business to obtain or maintain a State license or approval pursuant to the MRTMA, MMMA, or MMFLA;
(7) The Marihuana Business is determined by the City to have become a public nuisance as defined in this Chapter or in Chapter 676 or otherwise is operating in a manner detrimental to the public health, safety or welfare;
(8) Any default in the payment of any charges, taxes, or fees, to the City if not cured upon forty-five (45) days following notice sent by electronic means or mail to the address of the Marihuana Business; or
(9) Violation of any State law applicable to Marihuana Businesses; or
(10) A finding by the Building Superintendent that the facility is in substantial violation of its approved Site Plan.
(c) The City Clerk shall notify a licensee of the reason(s) for denial of a certificate of occupancy, a denial of a license renewal or for revocation or suspension of a license or any adverse decision under this Chapter and provide the applicant with the opportunity to be heard. Any applicant aggrieved by the denial or revocation or suspension of a license or adverse decision under this Chapter may appeal to the City Council, who shall appoint a hearing officer to hear and evaluate the appeal and make a report and recommendation to the City Council. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to the applicant's last known address on the records of the City Clerk, a written statement setting forth fully the grounds for the appeal. The City Council shall review the report and recommendation of the hearing officer and make a decision on the matter.
(d) Following the denial of a license and any subsequent appeal during the recommendation and issuance process, the City may move to recommend the application next in line as determined in the application process.
(Res. 2020-253A. Passed 9-8-20.)