797.19 SUSPENSION AND REVOCATION.

   (a)   The local licensing authority may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for one hundred twenty (120) days.

   (b)   In addition to any other sanctions prescribed by this Chapter, the Ohio Medical Marijuana Control Program Code, Ohio Department of Commerce, or related rules and regulations, the local licensing authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a license issued by the local licensing authority for a violation by the licensee or by any of the agents or employees of the licensee of the provisions of this Chapter, the Ohio Medical Marijuana Control Program Code, Ohio Department of Commerce, or related rules and regulations, or of any of the terms, conditions, or provisions of the license. The local licensing authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a hearing that the state or local licensing authority is authorized to conduct.

   (c)   The state or local licensing authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to subsection B, by mailing the same in writing to the licensee at the address contained in the license. Except in the case of a summary suspension, a suspension shall not be for a longer period than six months. If a license is suspended or revoked, a part of the fees paid therefore shall not be returned to the licensee. Any license or permit may be summarily suspended by the local licensing authority without notice pending any prosecution, investigation, or public hearing pursuant to the terms of O.R.C. § 3796.15(C).

   (d)   Whenever a decision of the local licensing authority suspending a license for fourteen (14) days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the local licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the local licensing authority is satisfied that:

      (1)   The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;

      (2)   The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and

      (3)   The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit.

   (e)   The fine paid shall be not less than five hundred dollars ($500.00) nor more than twenty thousand dollars ($20,000.00).

   (f)   Payment of a fine shall be in the form of a certified check or cashier's check made payable to the local licensing authority.

   (g)   Upon payment of the fine pursuant to Subsection C, the local licensing authority shall enter its further order permanently staying the imposition of the suspension.

(Ord. 33-2019. Passed 4-25-19.)