§ 14-594. Local licensing authority.

(a)

The city manager shall serve as the local licensing authority and have and exercise all powers expressly granted and necessarily implied by the Medical Marijuana Code, its rules, and as set forth in this article to regulate medical marijuana establishments within the city. The local licensing authority shall be responsible for all local duties and responsibilities, including but not limited to, the issuance, renewal, suspension, revocation, transfer of ownership, modification of premises and change of location of a medical marijuana establishment.

(b)

The local licensing authority shall have the power to promulgate rules and regulations as are reasonable and necessary to implement and administer the requirements of this article.

(c)

Upon receipt of a complete application from the city clerk, the local licensing authority shall review all applicable documentation, as well as any other facts pertinent to the license or qualifications of the licensee and issue a decision as to whether to grant, deny upon a finding of "good cause," or conditionally approve such application within 15 business days of receipt of same from the city clerk. The decision shall be in writing and state the reasons for the decision with a copy to be sent to the applicant at the establishment's address provided on the application.

(1)

The local licensing authority shall have the authority to deny any application that does not meet the requirements of the Medical Marijuana Code, its rules, this article, and any other applicable state or local law, rule, or regulation. The local licensing authority shall also have the authority to deny any application that contains any false, misleading, or incomplete information. Denial of an application for a license shall not be subject to administrative review but only to review by a court of competent jurisdiction.

(2)

A local license, which shall only be applicable to a specifically identified business at a fixed location within an enclosed and secure premises, and shall not be issued until the building in which the establishment's business is to be conducted has passed all applicable inspections and is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with any applicable provisions of this Code or any state law, rule, or regulation.

(d)

The local licensing authority may, after notice and hearing, suspend, revoke, or refuse to renew a license for "good cause." The local licensing authority is authorized to adopt rules and procedures governing the conduct of such hearings. No portion of any application or operating fees previously paid shall be refunded in the event of any suspension or revocation of a license.

(e)

"Good cause," for the purpose of denying, refusing to renew, suspending, or revoking a license or exercising other discretionary authority granted the local licensing authority shall mean:

(1)

The applicant or licensee has violated, does not meet, or has failed to comply with any of the terms, requirements, conditions, or provisions of this article, the Medical Marijuana Code, its rules, or any applicable state or local law, rule, or regulation;

(2)

The local licensing authority has determined that the applicant or licensee's character, record, or reputation is not satisfactory after consideration of factors which include, but are not limited to, the following:

a.

The applicant or licensee has knowingly submitted a false application, made a willful misrepresentation, or knowingly committed a fraudulent act;

b.

The applicant or licensee has a criminal history of crimes of moral turpitude, which may include, for example, but not be limited to, murder, burglary, robbery, arson, kidnapping, sexual assault, and illegal drugs or narcotics convictions;

c.

The applicant or licensee has had any previous retail or medical marijuana license denied or revoked as a result of violation of any law, rule, or regulation or a finding of bad moral character by any licensing authority;

d.

The applicant or licensee has been found to be currently delinquent in the payment of any state or local taxes;

e.

The applicant or licensee has an established pattern of multiple statutory violations which resulted in the revocation or denial of any professional license, leading to the finding of bad moral character by any licensing authority;

f.

The licensed premises have been operated in a manner that adversely affects the public health, safety, or welfare. Evidence to support such a finding, may include, but not be limited to, a continuing pattern of disorderly conduct or drug related criminal conduct upon or in the immediate vicinity of the premises, continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana establishment, or an ongoing nuisance condition emanating from or caused by the medical marijuana establishment;

g.

When making a determination as to character, record, and reputation, the licensing authority shall also consider evidence of rehabilitation. Such evidence may include, but not be limited to, evidence of no criminal record information, educational achievements, financial solvency, community standing, lack of additional arrests or convictions, or the lack of parole or probation violations since the date of last conviction; or

h.

The applicant or licensee has failed to comply with any special terms or conditions of a license, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any renewal or suspension proceedings held subsequent to the date of issuance of the license.

(Ord. No. 17-01, § 1, 2-6-2017)