(A) No consumption, use, or inhalation of a marihuana product shall take place on or within the premises of any marihuana establishment. It shall be a violation of this subchapter to engage in such behavior, or for a person to knowingly allow such behavior to occur. All of the following will give rise to the rebuttable presumption that a person allowed the consumption of marihuana on or within the premises:
(1) The person had control over the premises or the portion of the premises where the marihuana was consumed;
(2) The person knew or reasonably should have known that the marihuana was consumed; and
(3) The person failed to take corrective action, such as requiring the individual consuming marihuana to cease such activity on the premises or removing such individual from the premises.
(B) Failure to comply with the requirements of this subchapter shall be considered a violation and may jeopardize the applicant's approval under this subchapter and/or license issued under Ch. 118.
(1) If at any time a licensed marihuana establishment violates this subchapter, the City Manager may request that the state revoke or refrain from renewing the marihuana establishment's state operating license.
(2) Any approval granted for a marihuana establishment under this subchapter will be revoked or suspended automatically for either of the following reasons:
(a) Revocation or suspension of the licensee's authorization to operate by the state.
(b) A finding by the state that a rule or regulation has been violated by the licensee.
(3) After a revocation of an approval under this subchapter, a new application shall be required for a marihuana establishment to commence operation at the same location.
(C) A marihuana establishment license may be revoked in accordance with § 118.11.
(Ord. O-223, passed 9-14-2020, effective 9-24-2020)