Sec. 6-413. Disciplinary actions; sanctions; penalties.
(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, 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 City Code, state statute, any rule or regulation adopted pursuant thereto, any building, fire, health rule or regulation, in addition to any other penalties prescribed by the City Code.
(b) The finance director also has the authority to impose disciplinary actions, sanctions, penalties on the licensee if the finance director finds that:
(1) The licensee has failed to pay all required fines, costs and fees.
(2) 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 business.
(3) The licensee has made a false statement, falsified any information, or misrepresented any material fact submitted in the license or renewal application.
(4) The licensee has filed to operate in accordance with their operations plan.
(5) The licensee has failed to operate in accordance with the City Code or any special term or condition placed upon a license by the local licensing authority.
(6) The licensee has knowingly or unreasonably permitted, facilitated, encouraged, or failed to prevent an act constituting a public nuisance as defined in chapter 62 of this Code from occurring in or about the licensed premises.
(7) The licensee engaged in any form of business or commerce involving the processing, extraction, manufacturing, storage, distribution, transportation, testing, research and development other than the privileges granted under their license.
(8) The odor of hemp is perceptible at the exterior of the licensed premises or is perceptible at any adjoining business or use of the property.
(9) Having any final product in the business that has a delta-9 tetrahydrocannabinol (THC) concentration of more than three-tenths of one percent (0.3%) on a dry-weight basis.
(10) Committed any unlawful act as prescribed by this article.
(11) 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.
(c) Any suspension of a license shall not be for a period longer than six months.
(d) Any fine imposed by the finance director shall not be less than $500.00 and not more than $5,000. 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.
(e) If the finance director finds that the license should be suspended or revoked or a fine imposed the licensee shall be provided written notice of such fine, suspension or revocation and the reasons therefor within 20 days following the date of the hearing.
(f) If the finance director suspends or revokes a license or imposes a fine the licensee may appeal the fine, suspension or revocation to the district court. The licensee's failure to timely appeal the decision is a waiver of the licensee's right to contest the fine imposed, the suspension or the revocation of the license.
(g) 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 Code.
(h) 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. 2020-15, § 12, 5-21-2020)