§ 5.21.013. Council action on license; temporary retail marijuana establishment license.

(a)

The city council may, in its discretion, approve, deny, condition, limit, or take such other action with respect to the applications for medical marijuana establishment licenses as it considers appropriate. All licenses issued will expire as assigned per the adopted fee schedule.

(b)

The city council may deny any application if it determines in its sole and absolute discretion that granting the privilege license will not be in the best interest of the welfare, health, or safety of the city; or if the applicant or location of the medical marijuana establishment is determined by the council to not be suitable. In considering whether to approve or deny a medical marijuana privilege license, the city council may consider, by way of example and without limitation, the factors set forth in NRS 453A.328 as it applies to the city, the background of the applicant, capitalization, past business practices of the applicant, operational plan, organizational structure, environmental sustainability and mitigation plans, location of the proposed establishment, odor control systems and suitability of the building for the use proposed, site plan as to parking, traffic movement and aesthetics, impact on the surrounding neighborhood and the type and degree of security personnel and facilities.

(c)

A medical marijuana establishment license applicant may not exercise any of the privileges of a medical marijuana establishment license until the city council approves the license; the medical marijuana establishment has been inspected and approved by the department and/or the city, as being in compliance with all requirements of NRS 453A, the regulations, and all building code requirements; all applicable inspections and license fees are paid; and all conditions of the license have been satisfied.

(d)

Notwithstanding any other provision of this chapter or state law, the city council may, in its sole discretion, approve, deny, condition, limit, or take such other action as it considers appropriate with respect to a license amendment application for a marijuana establishment license submitted by a city licensed medical marijuana establishment. A marijuana establishment license granted pursuant to NAC Chapter 453D, LCB File No. T002-17 (May 8, 2017) shall expire on June 30, 2018, or upon the termination of the state's temporary retail marijuana establishment licensing program, whichever is earlier, and must remain in compliance with all requirements of this chapter, chapter 5.22, NRS Chapter 453D, and NAC Chapter 453D.

(Ord. No. 6341, § 3, 8-20-14, eff. 8-22-14; Ord. No. 6431, § 1, 6-7-17; eff. 6-9-17; Ord. No. 6449, § 1, 2-14-18; Ord. No. 6467, § 2, 6-6-18)

Editor's note

Ord. No. 6431, § 1, adopted June 7, 2017, changed the title of § 5.21.013 from "Council action on license" to read as herein set out.