A. Failure To Comply: Failure to comply with any restriction, requirement, or standard described herein or with state laws and regulations shall result in the suspension or revocation of the city issued marijuana operations license and, if applicable, the city issued business license. Such a failure to comply requires immediate cessation of the marijuana use.
1. The city shall notify the licensee in writing by certified mail that a city issued marijuana operation license has been revoked or suspended and the grounds therefor. Upon receipt of such notice or within three (3) days of the date of mailing, whichever is earlier, the licensee must immediately correct the identified violations or cease all operation of the marijuana use.
2. Failure to correct the identified violations or to cease operation is designated as a civil infraction and may be enforced as such, although this designation shall not be construed to limit any other enforcement mechanism.
3. A licensee may, within seven (7) days from the date that the license suspension or revocation notice was mailed to the licensee, appeal from such suspension or revocation by filing a written notice of appeal setting forth the grounds therefor with the city clerk. The city clerk shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing thereon the hearings examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the suspension or revocation and may impose any terms upon the continuance of the license. The decision of the hearings examiner shall be final. The licensee and/or the city may seek review of the decision by the superior court of Washington in and for Pacific County within thirty (30) days from the date of the decision. The suspension or revocation shall remain in effect during any appeal process.
B. Improper Use Of Land: It is a violation of this chapter for any person or entity owning, leasing, occupying, or having charge or possession of any parcel of land within any incorporated area of the city of Long Beach to cause or allow such parcel of land to be used for marijuana related purposes in excess of the limitations of or in noncompliance with the requirements and standards set forth herein. Such violations are designated as civil infractions and may be enforced as such, although this designation shall not be construed to limit any other enforcement mechanism.
C. Nuisance: Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance violation that may exist from the otherwise legal production, processing, or retailing of recreational marijuana on any parcel, including from within a fully enclosed and secure building. In addition, all violations of this chapter are deemed to be a public nuisance and may be abated by the city under the procedures set forth in title 5, chapter 2, "Public Nuisances", of this code or in state law for the abatement of public nuisances.
D. Enforcement: Any violation(s) of this chapter or of state law may be enforced as set forth in title 14, "Enforcement Procedures", of this code. In addition, a violation of this chapter or of state law may be enforced as a civil infraction where applicable or, where the violation is also a violation of chapters 69.50 and 69.51A Revised Code Of Washington or related regulations, prosecuted as set forth in title 6, chapter 5, "Criminal Code; Miscellaneous Offenses", of this code. Nothing in this chapter shall be construed as a limitation on the city's authority to enforce any other violations of this code. (Ord. 931, 10-3-2016)