32-17 Amend Code to Regulate Medical Marijuana

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(4) A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the medical marijuana dispensary or a medical marijuana dispensary employee, a licensee has allowed the commission of a felony on the premises; (5) A licensee operated the medical marijuana dispensary during a period of time when the licensee knew or reasonably should have known that the licen- see's license was suspended, or when the licensee no longer maintained a dis- pensary license issued by the state board of pharmacy; (6) A licensee has been convicted of a specified criminal activity, as defined in Section 779.02 of this chapter, during the term of the license; or (7) A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due that were assessed or imposed in relation to any business. (c) The Director shall advise the licensee in writing of the reason(s) for any revocation. (d) When the City revokes a license, the licensee shall not be issued another li- cense for one year from the date the revocation became effective. If the City finds, subsequent to revocation, that the basis for the revocation has been cor- rected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. 779.13 APPEAL RIGHTS. (a) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the City of Lakewood Board of Zoning Appeals by written notice within 10 days of such denial, suspension or revocation. Unless the applicant requests a longer period, the Board of Zoning Appeals must hold a hearing on the appeal within 30 days and must issue a decision affirming or re- versing the denial-, suspension, or revocation within five days after the hearing. (b) Any decision by the Board of Zoning Appeals shall be a final appealable or- der and the applicant or licensee may seek judicial review of such administrative action in any court of competent jurisdiction pursuant to general law. (c) Any licensee lawfully operating a medical marijuana dispensary prior to the denial of a license renewal application, or the suspension or revocation of a li- cense, may continue to operate said business during the pendency of an appeal of a decision rendered under this chapter to the Board of Zoning Appeals or to a court. (d) In the event that an applicant for a new medical marijuana dispensary li- cense seeks judicial review of the denial of a new license, there shall be no au- tomatic stay of the denial. 779.14 TRANSFER OF LICENSE. A medical marijuana dispensary license is not transferable from one licensee to another or from one location to another without the express written permission of the Director. Any purported transfer of a medical marijuana dispensary li- cense without the express written permission of the Director shall automatically and immediately revoke that license. Notwithstanding anything in this chapter