(A) The Dispensary and/or Establishment permit may be revoked by the city for violation of any provision of this chapter, for any violation of the requirements of the permit, or if the Department revokes the license for a marijuana establishment facility.
(B) If a permit is revoked, the permittee shall have the right to appeal the decision of the city finding a violation of this chapter or the City Code:
(1) Within five working days of receiving notice of revocation of the Dispensary and/or Establishment permit, the respondent licensee may provide to the Director of the Department of Community Development, in writing, a response that shall include a statement of reasons why the license or permit should not be revoked.
(2) Within ten working days the Director of the Department of Community Development shall conduct a hearing at which respondent licensee shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Director of the Department of Community Development in the time stated or, if after the hearing, the Director of the Department of Community Development finds that grounds as specified in this chapter exist for revocation, the revocation shall become, final five days after the City Administrator sends, by certified mail, written notice that the license has been revoked. Such notice shall include a statement advising the respondent licensee of the right to appeal such decision to a court of competent jurisdiction.
(3) If the Director of the Department of Community Development finds that no grounds exist for revocation of a license, then within five days after the hearing, the Director of the Department of Community Development shall withdraw the intent to revoke the license, and shall so notify the respondent licensee in writing by certified mail of such action and shall contemporaneously issue/reinstate the license.
(4) When a decision to revoke a license becomes final, the respondent licensee whose license has been revoked, shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the revocation, the city shall immediately issue the respondent licensee a provisional license. The provisional license shall allow the respondent licensee to continue operation of the Dispensary and/or Establishment as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement.
(C) Violations of this chapter are in addition to any other violation enumerated within the city ordinances or the City Code and in no way limits the penalties, actions or abatement procedures which may be taken by the city for any violation of this chapter, which is also a violation of any other ordinance or Code provision of the city or federal or state law. Conviction and punishment of judgment and civil sanction against any person under this chapter shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.
(D) Violations of any provision of the provisions of proposed A.R.S. §§ 36-2850 et seq. shall be punished as set forth in the statute.
(Ord. O2020-026, passed 12-16-20)