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(a) Any Person who violates this Article 8A (which is deemed to include a violation of the rules, regulations, and guidelines adopted pursuant to this Article 8A) shall be subject to an administrative penalty imposed by order of the Director, not to exceed $1,000 for each violation, for each day such violation occurs.
(b) The Director may revoke or suspend a Cannabis Consumption permit if the Director finds that the Permittee has engaged in conduct that violates this Article 8A or its implementing rules, regulations, and guidelines, or if the Director finds that the Permittee is being managed, conducted, or maintained in a way that threatens the health or safety of Customers, employees, or the public at large.
(c) If the Director determines that a Cannabis Business is operating in violation of this Article 8A or rules, regulations, or guidelines adopted pursuant to this Article, the Director shall issue a Notice of Violation to the Permittee. The Notice of Violation shall include the following information: the alleged act or failure to act that constitutes the basis for the Director’s determination; that the Director intends to take enforcement action against the Permittee, and the nature of that action, specifically, the administrative penalty to be imposed, additional permit conditions to be imposed, and/or suspension or revocation of the permit; and that the Permittee may request a hearing before the Director within 15 days after the Notice of Violation is mailed, to challenge the Director’s determination and/or the proposed enforcement action.
(d) If no request for a hearing is timely filed with the Director, the right to request a hearing shall be deemed waived, and the Director’s determination shall become final and effective 15 days after the Notice of Violation was mailed. The failure of the Person on whom the Notice of Violation is served to request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude the Person from obtaining judicial review of the validity of the enforcement action.
(e) Upon a timely request for a hearing, the Director shall, within 15 days of the request, notify the requester of the date, time, and place of the hearing.
(f) The Director shall conduct the hearing, or may designate a hearing officer who shall have the same authority as the Director to hear and decide the case.
(g) An order after hearing to suspend or revoke a permit, or to impose additional permit conditions, may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code; and such an order shall inform the recipient of this right to appeal.
(Added by Ord. 230-17, File No. 171042, App. 12/6/2017, Eff. 1/5/2018)