32-17 Amend Code to Regulate Medical Marijuana

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Medical marijuana dispensaries as described in Section 1165.03 herein shall be licensed and operated pursuant to Chapter 779. 1165.08 HEARING; RENEWAL; REVOCATION. (a) Notwithstanding anything in this chapter or section to the contrary, any con- ditional =use permit application for a medical marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire at the expiration of the medical marijuana dispensary license pursuant to Section 779.10(a). Subse- quent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, for example, legitimate loitering complaints, excessive police calls to the imme- diate vicinity, noise complaints, non - compliance with the terms of the condi- tional use permit, or non - compliance with other applicable state or local regula- tion. The licensee shall have a reasonable opportunity and time to cure the com- plaint or possible non - compliance as defined in this section before being subject to revocation or suspension. (b) Determination of administrative renewal is at the discretion of the Director. Renewal applications must be submitted in writing at least 30 days prior to expi- ration of permit. (c) The conditional use permit for a medical marijuana dispensary is non- transferable. (d) Notwithstanding anything in this chapter or section to the contrary, any con- ditional use permit granted for a medical marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission. by the Director and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be. sent to the licensee and to others pursuant to Section 1173.07(b)(2) of this Code as if a zoning change were requested. 1165.09 SEVERABILITY. 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. Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such for- mal action were in meetings open to the public in compliance with all legal requirements. Adopted: 0(6 �, er 2-1 2-00 SIDEl CLERK