§ 5.90.210. Violations and enforcement.

Any person willfully misrepresenting any material fact in procuring the license herein provided for, shall be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or both such fine and imprisonment.

Any person who engages in any Medical Marijuana Business operations without a Business License Permit, except as otherwise provided in this Chapter, shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or both such fine and imprisonment. The City may also pursue any and all remedies and actions available and applicable under local and State law for any violations related to the operation of a non-licensed medical marijuana business. Any operation of a Medical Marijuana Business without a Business License Permit shall be deemed unlawful and a public nuisance. It shall be unlawful and a violation of this Chapter for any person to permit a public nuisance to exist upon real property in which such person has an ownership or possessory interest. As a nuisance per se, such violation shall be subject to injunctive relief, revocation of the certificate of occupancy for the property, costs of abatement and any other relief or remedy at law or equity.

Any violation of the terms and conditions of the Business License Permit, of this Chapter, or of applicable local or state regulations and laws shall be grounds for suspending or revoking its license, pursuant to Section 5.90.240.

Any person violating any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.65 of this Code. Each day of operation in violation of this Chapter shall constitute a separate violation for purposes of application of the financial fine(s) of this Section. These fines and penalties are in addition to or in the alternative to any other penalties for violation of this Chapter. For the first five (5) days that a violation exists, a person shall be subject to a fine of one hundred dollars ($100.00) per day. Should a violation continue beyond five (5) days, the violator shall be subject to a fine of five hundred dollars ($500.00) per day from the sixth (6 ^th ) day through the tenth (10 ^th ) days of a violation. Should a violation persist beyond ten (10) days, the fine shall be one thousand dollars ($1,000.00) per day. The due process provisions of Chapter 9.65 of this code and the Suspension, Penalty, Revocation, and Appeals Process of Section 5.90.240 of this Chapter shall apply to all administrative citations issued pursuant to this Section. A continuing violation of this Section that is of more than one consecutive day in duration shall be deemed a single violation for purposes of Section 5.90.240 application.

( Measure MM § 4, 11-8-2016)