(A) Any license issued under this chapter may be revoked by the City Manager after an administrative hearing if the City Manager finds and determines that grounds for revocation exist. Any grounds for revocation must be provided to the licensee at least ten days prior to the date of the hearing by first class mail to the address given on the license application or any address provided to the City Manager in writing subsequent to the filing of an application.
(B) A license applied for or issued under this chapter may be denied or revoked, including but not limited to any of the following bases:
(1) A material violation of any provision of this chapter, including, but not limited to, the failure to provide the information required by this chapter, or a material violation of the MMFLA, MRTMA, or the corresponding rules promulgated by the MRA;
(2) Any conviction of a disqualifying felony by the licensee, stakeholder, or any person holding an ownership interest in the license;
(3) Commission of fraud or misrepresentation or the making of a false statement by the applicant, licensee, or any stakeholder of the applicant or licensee while engaging in any activity for which this chapter requires a license;
(4) Failure to obtain or maintain a license or renewed license from the City Manager pursuant to this chapter;
(5) Failure of the licensee or the medical marihuana establishment to obtain or maintain a license or approval from the state pursuant to the MMFLA or MRTMA;
(6) The medical marihuana establishment is determined by the city to have become a public nuisance or otherwise is operating in a manner detrimental to the public health, safety or welfare; or
(7) Cultivation, processing, sale, or display of marihuana or marihuana accessories that are visible from a public place.
(C) Appeal of denial of an application or revocation of a license: The City Manager shall notify an applicant of the reason(s) for denial of an application for a license or license renewal or for revocation of a license or any adverse decision under this chapter and provide the applicant with the opportunity to request reconsideration. An appeal of denial of application for licensure shall be a paper hearing. Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the City Manager. Such appeal shall be taken by filing with the City Manager, within seven days after notice of the action complained of has been mailed to the applicant's last known address on the records of the City Manager, a written statement setting forth fully the grounds for the appeal. The City Manager shall review the appeal and make a decision on the matter. Any decision by the City Manager shall be final for purposes of judicial review. The City Manager may engage professional experts to assist with the proceedings under this section.
(Ord. 2022-01, passed 4-25-2022)