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(a) The finance director has the power and authority to impose disciplinary actions, sanctions, penalties upon a licensee that may include additional terms and conditions on the license, a fine in lieu of a suspension, a suspension, or a revocation of a license issued by the City's local licensing authority for any violation by the licensee or by any of the agents or employees of the licensee of any provision of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the City Code, any rule or regulation adopted pursuant thereto, any building, fire, health or zoning statute, code, or ordinance, or any of the rules and regulations adopted pursuant thereto, in addition to any other penalties prescribed by the City Code.

(b) 

(1) The finance director has the authority to conduct a public hearing, after written notice, when probable cause exists the licensee or an agent or employee of the licensee has committed a violation of any provision of the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the City Code, any rule or regulation adopted pursuant thereto, any building, fire, health or zoning statute, code, or ordinance, or any of the rules and regulations adopted pursuant thereto.

(2) Additional grounds for disciplinary actions. The finance director has the authority to impose disciplinary actions, sanctions, penalties on the licensee if the finance director finds that:

a. The licensee has failed to pay all required fines, costs and fees;

b. The licensee has failed to file tax returns when due as required by the City Code, or the licensee is overdue on his or her payment to the city of taxes, fines, interest, or penalties assessed against or imposed upon such licensee in relation to the licensed marijuana establishment;

c. The licensee has made any false statement in the license or renewal application as to any of the facts required to be stated in such application;

d. The licensee has failed to comply with his or her duty under section 6-308(k) to supplement the license application;

e. The licensee has failed to file any reports, notifications or furnish any information as required by the provisions of the City Code, or any rule and regulation adopted pursuant thereto relating to any license authorized by this article;

f. The licensee has failed to operate in accordance with any special term or condition placed upon a license by the local licensing authority or the state licensing authority.

g. The licensee has knowingly permitted or encouraged, or has knowingly and unreasonably failed to prevent a public nuisance within the meaning of the City Code from occurring in or about the licensed premises;

h. The licensee has failed to appear upon a municipal court summons in violation of section 50-33 of the City Code;

i. The licensee, or any of the officers, directors, owners, managers, agents or employees have been convicted of a felony or a drug related criminal offense within the previous 12 months;

j. The licensee engaged in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, transportation, testing, research or consumption of any form of marijuana or marijuana product other than the privileges granted under their license;

k. The licensee has materially or substantially, changed, altered, or modified the licensed premises, or use of the licensed premises, without obtaining prior approval to make such changes, alterations, or modifications from the local licensing authority;

l. The licensee has failed to maintain a valid state issued license;

m. The odor of marijuana is perceptible at the exterior of the building at the licensed premises, or is perceptible at any adjoining use of the property;

n. Any fact or condition exists which, if it had been known to exist at the time of the application for such license, would have warranted the refusal to issue such license;

o. The licensee knowingly permitted or allowed the consumption of marijuana on the licensed premises or associated contiguous parking area;

p. The licensee knowingly permitted the possession or consumption of an alcohol beverage within the licensed premises. At any hearing for a violation of this subsection, any bottle, can, or other container label indicating the contents of such bottle, can, or other container, shall be admissible into evidence and shall be prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part an alcohol beverage; or

q. The licensee, or any of the agents, servants or employees of the licensee, have violated any ordinance of the city or any state or federal law on the premises or have permitted such a violation on the premises by any other person; provided, however, this paragraph shall not apply to permitted behavior on the premises concerning the possession, consumption, display, or use of cannabis or cannabis accessories as may otherwise be permitted by state statute or City Code.

(3) Any fine imposed in lieu of a suspension by the finance director shall not be less than $500.00 and not more than $100,000.00.

(4) Any suspension of a license shall not be for a period longer than six months.

(5) The finance director has the authority to impose the costs to conduct a public hearing upon a licensee who has violated any of the provisions prescribed by this article. The costs to conduct such a public hearing shall be established in accordance with the provisions of section 2-587 of this City Code.

(6) Payment of any fine or costs pursuant to this section shall be in the form of cash or in the form of a certified check or cashier's check made payable to the City.

(c) If the finance director finds that the license should be suspended or revoked or a fine imposed in lieu of a suspension, the licensee shall be provided written notice of such fine, suspension or revocation and the reasons therefore within 20 days following the date of the hearing.

(d) If the finance director suspends or revokes a license, or imposes a fine in lieu of a suspension of the licensee, the licensee may appeal the fine, suspension or revocation to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The licensee's failure to timely appeal the decision is a waiver of the licensee's right to contest the fine imposed or the suspension or revocation of the license.

(e) No fee previously paid by a licensee in connection with a license shall be refunded if the licensee's license is suspended or revoked. (Ord. No. 2019-32, § 17, 7-15-2019; Ord. No. 2017-28, § 16, 8-7-2017; Ord. No. 2016-15, § 17, 6-20-2016; Ord. No. 2014-14, § 2, 5-12-2014)