(A) The city may require an applicant or licensee of a marihuana operation to produce documents, records, or any other material pertinent to the investigation of an application or alleged violation of this chapter. Failure to provide the required material may be grounds for application denial or license revocation.
(B) Any person in violation of any provision of this chapter, including the operation of a marihuana operation without a license issued pursuant to this chapter, shall be subject to a civil fine of $500, plus costs, per day of violation. The City Manager or his or her designee is hereby designated as the authorized city official to issue municipal civil infraction citations directing alleged violators to appear in court or pay a fine. Consumption/and or use in public places are subject to the penalty stated in § 116.14 below.
(C) All fines imposed under this chapter shall be paid within 45 days after the effective date of the order imposing the fine or as otherwise specified in the order.
(D) The City Manager may temporarily suspend a license without a prior hearing if the Mayor finds that public safety or welfare requires emergency action affecting the public health, safety, or welfare. The City Manager shall cause the temporary suspension by issuing a suspension notice in connection with institution of proceedings for notice and a hearing.
(E) If the City Manager temporarily suspends a license without a prior hearing, the licensee is entitled to a hearing within 30 days after the suspension notice has been served on the licensee or posted on the licensed premises. In the case of a license issued for a marihuana grower, the hearing shall be held within seven days after the notice has been served on the licensee or posted on the premises of the licensed facility. The hearing shall be limited to the issues cited in the suspension notice.
(F) If the City Manager does not hold a hearing within 30 days after the date the suspension was served on the licensee or posted on the licensed premises, or in the case of a marihuana grower seven days, then the suspended license shall be automatically reinstated, and the suspension vacated.
(G) The penalty provisions of this chapter are not intended to foreclose any other remedy or sanction that might be available to, or imposed by the city, including criminal prosecution.
(Ord. 2022-01, passed 4-25-2022)