§ 3315.

REVOCATION AND SUSPENSION OF PERMIT

a.

Any permit issued for a medical cannabis dispensary may be revoked, or suspended for up to 30 days, by the Director if the Director determines that:

1.

the manager, operator or any employee has violated any provision of this Article or any regulation issued pursuant to this Article;

2.

the permittee has engaged in any conduct in connection with the operation of the medical cannabis dispensary that violates any State or local laws, or any employee of the permittee has engaged in any conduct that violates any State or local laws at permittee’s medical cannabis dispensary, and the permittee had or should have had actual or constructive knowledge by due diligence that the illegal conduct was occurring;

3.

the permittee has engaged in any material misrepresentation when applying for a permit;

4.

the medical cannabis dispensary is being managed, conducted, or maintained without regard for the public health or the health of patrons;

5.

the manager, operator or any employee has refused to allow any duly authorized City official to inspect the premises or the operations of the medical cannabis dispensary;

6.

based on a determination by another City department, including the Department of Building Inspections, the Fire Department, the Police Department, and the Planning Department, that the medical cannabis dispensary is not in compliance with the laws under the jurisdiction of the Department.

b.

The Director may not suspend or revoke a permit issued pursuant to this Article or take other enforcement action against a medical cannabis dispensary until the Director has issued a notice of violation and provided the operator an opportunity to be heard and respond as provided in Section 3316.

c.

Notwithstanding paragraph (b), the Director may suspend summarily any medical cannabis dispensary permit issued under this Article pending a noticed hearing on revocation or suspension when in the opinion of the Director the public health or safety requires such summary suspension. Any affected permittee shall be given notice of such summary suspension in writing delivered to said permittee in person or by registered letter.

d.

If a permit is revoked no application for a medical cannabis dispensary may be submitted by the same person for three years.

History

(Added by Ord. 275-05, File No. 051250, App. 11/30/2005)

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