(A) Any person filing a petition to locate an Adult-Use Cannabis Dispensary in the city shall pay a non-refundable application fee of $5,000. Should they city issue an Adult-Use Cannabis Dispensary location special use permit to the petitioner, the application fee shall satisfy the petitioner’s first annual local special use permit fee.
(B) Any person operating an Adult-Use Cannabis Dispensary in the city shall pay an annual location special use permit fee of $2,000 to locate an Adult-Use Cannabis Dispensary in the city. All Adult-Use Cannabis Dispensary location special use permits shall be issued annually and shall terminate on the last day of April of the following year. At least 30 days prior to the date of expiration of the Adult-Use Cannabis Dispensary location special use permit, each permittee shall be required to submit to the City Clerk or a designee a renewal permit application and the annual permit fee. If a renewal permit application and fee is not received on or before May 1st of the renewal year, the Adult-Use Cannabis Dispensary location special use permit shall expire, and the operation of the licensed Adult-Use Cannabis Dispensary shall be discontinued on the date of expiration and until a renewal application is processed and, if required, a new permit is issued by the city. If a permittee whose Adult-Use Cannabis Dispensary location special use permit has expired hereunder seeks to reinstate the permit after May 1st of the renewal year, a late fee shall be charged equal to 10% of the annual fee for such permit.
(C) Renewal of an Adult-Use Cannabis Dispensary location special use permit may be denied pursuant to the procedures for revocation of a permit set forth in subsection (H) below. When a renewal is denied, the applicant shall not be issued an Adult-Use Cannabis Dispensary location special use permit for one year after the date of the denial, provided that if, subsequent to the denial, the city finds that the basis for denying renewal of the permit has been corrected or abated, the applicant may be granted a permit.
(D) The Adult-Use Cannabis Dispensary location special use permit fee shall be paid in advance on an annual basis. If the permit is issued for a period of six months or less, the fee shall be one-half the annual fee. Except as otherwise provided, all permit fees shall be non-refundable.
(E) No Adult-Use Cannabis Dispensary location special use permit shall be issued for the location of an Adult-Use Cannabis Dispensary if the premises and building to be used for the purpose do not fully comply with the requirements of the city, including, but not limited to, the city's zoning ordinance.
(F) It shall be the duty of any person conducting a licensed Adult-Use Cannabis Dispensary in the city to keep the current Adult-Use Cannabis Dispensary location special use permit posted in a prominent place on the premises used for such business at all times.
(G) Any person who violates any provision of this section or a provision of Chapter 156 applicable to an Adult-Use Cannabis Dispensary for which another penalty is not specifically provided shall, upon conviction, be subject to the general penalties provided for in § 10.99 of this code. Each day a violation continues shall be deemed a separate violation. The minimum fine for any further conviction of a violation within a one-year period shall be $250.
(H) In addition to any other penalty provided for herein, any Adult-Use Cannabis Dispensary location special use permit may be suspended for up to 30 days, or revoked by the City Administrator or a designee, at any time during the term of such permit for a violation of any provision regulating the Adult-Use Cannabis Dispensary subject to an Adult-Use Cannabis Dispensary location special use permit hereunder, or the premises occupied, or for a violation of any other provision of the city's code related thereto, in accordance with the following.
(1) Every act or omission of whatever nature that constitutes a violation of any of the provisions of this title or any other provision of this code related to the permitted premises, by any officer, director, manager, employee, or agent of any permittee, shall be deemed and held to be the act of such permittee; and such permittee shall be subject to the same penalties as if the act or omission had been committed or omitted by the permittee personally. Accordingly, any act or omission by any such persons that constitutes a violation of the provisions of this section or any other provision of this code related to the permitted business, activity or occupation, or the permitted premises, shall be deemed to be the act or omission of the permittee for purposes of determining whether the permit should be suspended, revoked or renewed.
(2) An Adult-Use Cannabis Dispensary location special use permit issued pursuant to this title may be suspended or revoked only after no less than three days' written notice from the City Administrator of the alleged violation and an opportunity for the permittee to appear and defend against such violation. Hearings concerning alleged violations shall be before the City Administrator or a designee. Following such a hearing, the hearing officer shall issue written findings and an order concerning the suspension or revocation. Notwithstanding the provisions of this section, if the City Administrator or a designee has reason to believe that the continued operation of a permitted premises will immediately threaten the welfare of the community or create an imminent danger of a violation of applicable law, the premises may be closed for not more than three days pending the hearing provided for in this section, provided that if such permittee also is engaged in the conduct of other businesses on the permitted premises, such order shall not be applicable to such other businesses.
(3) In the event of a revocation of a special use permit pursuant to this section, the permittee shall forfeit any and all monies paid for such permit.
(Ord. 19-53, passed 11-12-19)