(A) Ineligibility.
(1) Moveable place of business. No license under this section shall be issued to a movable place of business. Only fixed location businesses shall be eligible to be licensed under this section.
(2) Financial delinquencies. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to state law, as the same may be amended, questioning the amount or validity of taxes, the city council may, on application by the licensee, waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one-year period is extended through no fault of the licensee.
(3) Other establishments and uses. Any establishment or use prohibited by state law.
(B) Grounds for denying the issuance or renewal of a license include, but are not limited to the following:
(1) The applicant is under the age of 21 years.
(2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to edible cannabinoid products.
(3) The applicant has had a license to sell edible cannabinoid products suspended or revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any information required on the application, or provides false or misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license.
(C) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license.
(D) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section.
(Ord. passed 11-15-2022)