(A) (1) A marihuana establishment license shall automatically terminate and become void if the state license for the establishment is revoked, suspended, or restricted, or otherwise becomes void.
(2) The revocation, suspension or placement of restrictions by the state on a state operating license shall apply equally to a license issued by the city.
(B) A marihuana establishment license may be revoked by the City Clerk upon the occurrence of any of the following:
(1) Operation of the licensed use is not commenced within one year of the date of issuance of the marihuana establishment license.
(2) If the licensed use ceases or is discontinued for 90 days or more, including during a change of ownership of the marihuana establishment.
(3) Any change has occurred for which an amendment to the license is required, without the licensee having obtained an amendment to the license as required by this chapter.
(4) Any noncompliance with any of the provisions of this Code of Ordinances, the Act, or any state or federal law, rule or regulation.
(5) The conducting of the marihuana establishment in an unlawful manner, or in such a way as to constitute a public nuisance, that negatively impacts the health, safety, or general welfare of surrounding property or the public. Evidence to support such a finding may include, but is not limited to, a continuing pattern of disorderly or criminal conduct upon or in the immediate vicinity of the establishment, continuing pattern of criminal conduct directly related to or arising from the operation of the establishment, or an ongoing nuisance condition emanating from or caused by the establishment.
(6) The applicant has made a false material statement in the application.
(C) Prior to such revocation becoming effective, written notice of the basis for revocation shall be given by the City Clerk to both the property owner and licensee in person or by certified mail addressed to their place of business or residence as set forth in the application.
(1) The holder of a marihuana establishment license that is revoked under this section may appeal the revocation to the City Manager as set forth in § 118.12. If a timely appeal is not sought by the holder of the marihuana establishment license, the revocation shall become effective 14 days from the date of the written notice of the revocation.
(2) If a marihuana establishment license is revoked, the City Clerk will notify LARA of the revocation of the license and the reasons therefore in writing by mail or electronic mail. In the event the license is revoked as a result of the licensee's state license being revoked, suspended, or restricted, the notification requirement of this division does not apply.
(Ord. O-222, passed 9-14-2020, effective 9-24-2020)