It will be unlawful for any person to sell at retail any cannabinoid products within the city unless the person holds a retail cannabinoid products license, in full force and effect.
(A) Procurement of license.
(1) Any person desiring a retail cannabinoid products license will make and file with the City Clerk an application, in writing, on a form provided by the city. Such application will give the name and residence address of the applicant, if an individual; will identify the location at which it is proposed to sell the cannabinoid products at retail; and will provide such other information as the City Council may require from time to time. The application will be accompanied by the required fee.
(2) The City Clerk will immediately transmit a copy of the application to the Chief of Police, who will investigate all facts and information which he or she can reasonably find, bearing upon the question of the applicant’s fitness to receive the license and to perform the duties imposed by this chapter. Upon completing the investigation, the Chief of Police will report, in writing, her or his findings to the City Manager or designee, together with the Chief’s recommendation as to the issuance of a license to the applicant. The City Manager or designee will submit to the City Council the report of the Chief of Police, together with the recommendation as to the issuance of the license to the applicant.
(3) The City Council will consider the facts and recommendation of the Chief of Police and of the City Manager or designee, together with any material facts which it may have or obtain, and then, by motion, will approve or deny the application to the City Clerk together with a copy of the motion. If the City Council has approved the application, it is the duty of the City Clerk to execute and deliver a license to the applicant on a form approved by the City Attorney. Such license will be for March 15 of the year of the issuance to March 14 of the following year or other such time frame as specified.
(B) Basis for denial of license.
(1) Grounds for denial. Grounds for denying the issuance or renewal of a license include, but are not limited to, the following.
(a) The applicant is under 21 years of age.
(b) The applicant has been convicted within the past five years of any violation of federal, state, or local law; ordinance provision; or other regulation relating to cannabinoid products.
(c) The applicant has had a license to sell cannabinoid products suspended or revoked within the preceding 12 months of the date of application.
(d) The applicant fails to provide any of the information required on the licensing application, or provides false or misleading information.
(e) The applicant is prohibited by federal, state, or other local law; ordinance; or other regulation from holding a license.
(f) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments that are not excluded under the definition for retail establishments in this chapter are eligible to be licensed.
(2) Location ineligible. No license will be approved unless the premises proposed to be licensed complies with all applicable zoning requirements.
(C) Issued mistakenly. If a license is mistakenly issued or renewed to a person, the city will revoke the license upon the discovery that the person was ineligible for the license under this chapter. The city will provide the license holder with notice of the revocation, along with information on the right to appeal.
(Ord. 2023-03, passed 7-25-2023)