(A) Provisional licenses will be issued by the City Clerk to qualified applicants whose applications have been accepted.
(B) A provisional license does not authorize the applicant to operate a marihuana establishment without first obtaining a state operating license for the establishment, and obtaining all other licenses, inspections, and approvals required by this chapter and all other applicable provisions of this Code. Issuance of a provisional license only means that the applicant has submitted a valid application for an establishment license and is eligible to receive the appropriate license from LARA.
(C) Upon issuance of a provisional license, the City Clerk is authorized to execute an affirmation to accompany an application for an establishment license that discloses that the city has adopted an ordinance pursuant to the Act, a description of the city zoning regulations that apply, and any other information that may be required by the Act for such an attestation.
(D) A provisional license will lapse and be void one year from the date it has been issued if a state operating license, and/or all inspections and other licenses and approvals required by this Code of Ordinances, are not obtained, or if an applicant is denied a state operating license. The City Clerk shall notify LARA of all applicants whose provisional licenses have lapsed or become void. A provisional license may be extended, in the sole discretion of the City Clerk, upon a showing of good cause that any delay is not the fault of the applicant, for an additional period not to exceed six months.
(E) A provisional licensee has a continuing duty to provide the City Clerk with up-to-date information including contact information or material changes to any other information it has submitted with its license application and shall notify the City Clerk in writing of any changes to the mailing addresses, phone numbers, electronic mail addresses, or other information the provisional licensee provided to the city within ten days of any such change occurring.
(F) A provisional license may be revoked by the City Clerk, in writing, for any of the following reasons:
(1) The provisional licensee is denied a state operating license;
(2) The marihuana establishment is substantially different from the comprehensive operating plan or other representations contained in the application;
(3) Officers, employees or agents of the city are unable to access the proposed establishment for inspection or are otherwise denied access by the provisional licensee;
(4) The provisional licensee fails, refuses, or becomes unable to obtain special approval, site plan approval, a certificate of occupancy, or other necessary zoning or building approvals as required by this Code of Ordinances; or
(5) Noncompliance with the Act or this chapter.
(G) If a provisional license is revoked, the City Clerk will notify both the licensee and property owner, in writing, by mail or electronic mail at the last known address on file with the city, as well as LARA, of the revocation of the license and the reasons therefore.
(H) The holder of a provisional license that is revoked may appeal the revocation to the City Manager as set forth in § 118.12.
(Ord. O-222, passed 9-14-2020, effective 9-24-2020)