A. Events Causing Revocation: All medical cannabis establishment and/or adult-use cannabis establishment business licenses may be revoked if one or more of the following events occur, but is not limited to the following:
1. A licensee has violated, or permitted, allowed, or caused a violation of any provision of this chapter, any regulation issued pursuant to this chapter, other ordinances of the City, any condition of approval imposed upon the issuance of the license, any state law or regulation relating to operation, the Department of Justice enforcement priorities, or for any other cause deemed sufficient by the Council in exercise of its sole discretion;
2. If the state registration certificate has been surrendered, suspended or revoked;
3. Based on ascertainable facts, the operation substantially aggravates the crime problems in the city, makes law enforcement unduly difficult, or is detrimental to the public, health, safety or welfare of the city;
4. A licensee has made fraudulent statements as to a material fact on an application form, as to any other information presented as part of the application process, or in connection with any other information required to be submitted to the business license office;
5. The licensee has failed to maintain the premises in compliance with the requirements of the building, fire, health, and environmental agencies;
6. Having committed a felony offense;
7. Dispensing, delivering or otherwise transferring cannabis to a person other than a person authorized by the State of Nevada;
8. Any act or omission committed by any employee, agent, or independent contractor that occurs in the course of his or her employment, agency, or contract with the licensee shall be imputed to the licensee for the purposing suspension or revocation of the license.
B. City Council May Revoke, Suspend Or Cancel: The city council at any regular or at any special meeting convened and held for that purpose upon a show cause order for any willful violation or omission of this chapter may revoke, suspend, or cancel the medical cannabis establishment and/or adult-use cannabis establishment license(s) by a majority vote. If a license is revoked, suspended, or canceled pursuant to this provision, it shall be unlawful for the licensee to maintain or conduct such business under the license, or at all. Upon such revocation, suspension or cancellation, no refund of any portion of the license fee shall be made to the licensee and the licensee shall immediately cease all business at all places under such license.
C. Notice Of Hearing; Hearing Procedures: Notice and the procedure of a hearing scheduled for the purposes set forth in this chapter shall be as follows, which may be amended or renumbered from time to time. The council may also adopt rules and regulations applicable to license discipline as may be set forth by resolution.
1. Conduct a hearing to determine the existence of the cause or causes. The city shall serve an order to show cause upon the licensee or post upon the premises where the licensed operation is conducted at least five (5) working days prior to the time of such hearing.
2. Permit the licensee to submit evidence and testimony at the above hearing.
3. Consider all evidence and testimony in support of and in opposition to the action pending.
4. Enter in the minutes of the council the findings of the council and reasons for any action taken by the council, which action may include revocation, probation, or temporary suspension of the license and all business activity of the house of prostitution. The council may, but is not required to, impose such conditions on the operation of the business as are necessary to cure the problem and eliminate any danger presented by the violation. Such conditions may include action by the licensee required to be taken within a reasonable specified time as an alternative to revocation.
5. Enter in the minutes of the council an order specifying the action taken.
D. Exception to Hearing Procedure (Emergency Suspension of License): Any license granted pursuant to the terms herein may be suspended without a hearing by a written emergency suspension order signed by the majority of the board, if in their opinion there exists an immediate and present danger to public health and safety which necessitates the immediate closure of the medical cannabis establishment and/or adult-use cannabis establishment. Any such meeting of the board shall be governed by the emergency exception of the Nevada Revised Statutes open meetings law. Upon the issuance and service of such an order, all licensed medical cannabis establishment and/or adult-use cannabis establishment activity, shall immediately cease and the licensee may request a hearing before the board of councilmen within five (5) business days in accordance with the Nevada open meeting law. The proceedings thereafter shall be held in accordance with this chapter. (Ord. 230, - -2018; amd. Ord. 234, 8-25-2020)