(A) Rights. The operation of a licensed marihuana establishment is a revocable privilege and not a right, in conformance with applicable state law. Nothing in this subchapter is to be construed to grant a property right for an individual or business entity to engage in the use, distribution, cultivation, production, possession, transportation or sale of marihuana as a commercial enterprise. Any individual or business entity which purports to have engaged in such activities either prior to or after the enactment of this subchapter without obtaining the required authorization is deemed to be an illegally established use and is not entitled to legal nonconforming status. Nothing in this subchapter may be held or construed to grant a vested right, license, permit, or privilege to continued operations within the city.
(B) Nothing in this subchapter shall be construed in such a manner as to conflict with the Act or other applicable state law or rules.
(C) Nothing in this subchapter, or in any companion regulatory or licensing provision adopted in any other provision of this Code of Ordinaces, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for the growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Act or this Code. Also, since federal law is not affected by the Act or this Code, nothing in this subchapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.
(D) This subchapter shall only take effect if the city's business licensing ordinance is simultaneously amended as needed to license for the activities contemplated herein. If amendments to the business licensing ordinance are not adopted by the City Council, marihuana establishments shall be deemed prohibited from developing within the city.
(Ord. O-223, passed 9-14-2020, effective 9-24-2020)
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