32-17 Amend Code to Regulate Medical Marijuana

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(b) Except as otherwise provided in this paragraph, any person who violates subsection (a) hereof, or any person who operates a medical marijuana dispensa- ry and permits a violation of subsection (a) hereof on the premises, shall be guilty of a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (a) hereof, a viola- tion of subsection (a) of this section will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a) of this section, a violation of subsection (a) hereof will be considered a misdemeanor of the first degree. 779.16 LOITERING AND EXTERIOR LIGHTING AND MONITORING REQUIREMENTS. (a) It shall be the duty of the operator of a medical marijuana dispensary to: (1) Initiate and enforce a no loitering policy within the external boundaries of the parcel of real property upon which the medical marijuana dispensary is lo- cated; (2) Post conspicuous signs stating that no loitering is permitted on such proper - ty; (3) Monitor the activities of persons on such property by visually inspecting such property or inspecting such property by use of video cameras and monitors; and (4) Provide adequate lighting of the exterior premises to provide for visual in- spection or video monitoring and to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. (b) It shall be unlawful for a person having a duty under this section to know- ingly fail to fulfill that duty. 779.17 INJUNCTION. Any person who operates or causes to be operated a medical marijuana dispen- sary in violation of this chapter is subject to a suit for injunction as well as pros- ecution for criminal violations under the Codified Ordinances of the City. 779.18 EFFECT OF PARTIAL INVALIDITY. If any section, subsection or clause of this chapter shall be deemed to be uncon- stitutional or otherwise invalid, the validity of the remaining sections, subsec- tions, and clauses shall not be affected. 779.19 CHANGE IN INFORMATION. During the pendency of any application for, or during the term of, any medical marijuana dispensary license, the applicant or licensee shall promptly notify the Director in writing of any change in any material information given by the ap- plicant or licensee in the application for such license, including specifically, but without limitation, any change in managers of the medical marijuana dispensary establishment or in the individuals identified in the application pursuant to this chapter; or if any of the events constituting grounds for suspension or revocation pursuant to this chapter occur.