(A) Any person filing an Application for a permit to allow the on-site consumption of cannabis at an Adult-Use Cannabis Dispensary in the city shall pay a nonrefundable application fee of $1,000. Should the city issue an Adult-Use Cannabis Dispensary on-site consumption permit to the applicant, the application fee shall satisfy the petitioner's first annual on-site consumption permit fee.
(B) Any person operating an Adult-Use Cannabis Dispensary in the city shall pay an annual on-site consumption permit fee of $1,000 to permit the on-site consumption of cannabis at an Adult-Use Cannabis Dispensary in the city. All 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 on-site consumption 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 permit shall expire; and the on-site consumption of cannabis at the 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 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 a permit may be denied pursuant to the procedures for revocation of a permit set forth in subsection (L) below. When a renewal is denied, the applicant shall not be issued a 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 on-site consumption 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 on-site consumption permit shall be issued to allow for the consumption of cannabis on the premises 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 operating an Adult-Use Cannabis Dispensary in the city to keep the current Adult-Use Cannabis Dispensary on-site consumption permit posted in a prominent place on the premises used for such business at all times.
(G) If the location of a licensed Adult-Use Cannabis Dispensary is changed, the on-site consumption permit may be assigned to the new location, but only upon ten days' prior written notice thereof to the City Clerk or a designee, and only if any required review, inspections or investigations indicate that the city's building and zoning requirements are met in the new location.
(H) Any on-site consumption permit issued under this section shall be applicable only to the specific permittee. It may not be sold, transferred or otherwise assigned. In the event that the business is sold, a new on-site consumption permit will be required.
(I) Any premises used in connection with the operation of an Adult-Use Cannabis Dispensary shall be subject to inspection by the city to determine compliance with any provision of the city's code or to detect violations thereof. It shall be the duty of the permittee, or the person in charge of the premises to be inspected, to admit any officer or employee of the city who is authorized or directed to make such inspections upon such a request for admission at any reasonable time.
(J) In addition to any other penalty which may be provided for in this title, the City Administrator or a desiY1ee may revoke the on-site consumption permit of any Adult Use Cannabis Dispensary in the city if the permittee refuses to permit any authorized officer or employee of the city to make any required inspection as provided in this section, or who interferes with any such officer or employee engaged in such inspection as authorized and directed by the city, provided, that no permit shall be revoked for such cause unless a written demand is made upon the permittee or person in charge of the premises for such an inspection.
(K) 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.
(L) In addition to any other penalty provided for herein, any Adult-Use Cannabis Dispensary on-site consumption 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 on-site consumption 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 activity or the 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 licensed business, activity or occupation, or the licensed 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 on-site consumption pen-nit 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 licensed 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 licensed premises, such order shall not be applicable to such other businesses.
(3) In the event of a revocation of a permit pursuant to this section, the permittee shall forfeit any and all monies paid for such permit.
(Ord. 19-53, passed 11-12-19)