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14B.130.070 Issuance and Renewal of the License.

(Amended by Ordinance Nos. 188178, 188329 and 188602, effective September 20, 2017.)

A.  Upon filing of an application and payment of the required application fee, the Director shall ensure that the location proposed to be licensed or registered meets the minimum standards as defined in Section 14B.130.040. If the proposed location meets the minimum standards the Director shall proceed with processing the application. If the location does not meet the minimum standards the Director shall deny the application.

B.  If the proposed location meets the minimum standards as defined in Section 14B.130.040, the Director in consultation with the Chief of Police, shall conduct an investigation of the application and all principals listed according to the requirements in Subsection 14B.130.050 A. If no cause exists for denial, the Director shall issue the license after the following has been received;

1.  Proof that a state license or registration has been issued.

2.  The license fee as stated in the fee schedule adopted by City Council. Fees will be updated annually or on an as needed basis and will be sufficient to cover the cost of administering this Chapter. The approved fee schedule will be available through the Office of Neighborhood Involvement.

3.  Marijuana producers and processors of cannabinoid extracts must provide documentation showing that all applicable City permits, which may include applicable commercial building permits, electrical permits, and mechanical permits, have been obtained and received final inspection approval.  Except for applications for license renewals, the documentation may include a temporary Certificate of Occupancy.

C.  Except as provided for in Subsection 14B.130.070 D., the Director shall deny an initial or renewal application for a marijuana regulatory license if any of the following apply.

1.  The applicant, or any person engaged in the direct management and operation of the medical dispensary or marijuana business, or anyone with 10 percent or more interest in the business has previously owned or operated a business regulated by Chapter 14B.130; and

a.  The license has been revoked for cause that would be grounds for revocation pursuant to Chapter 14B.130.

b.  The Director has determined that the business has contributed to crime or livability incidents in the area where the medical dispensary or marijuana business is located.

2.  Any statement in the application is false or any required information is withheld;

3.  If the application is for a medical dispensary, the location is not registered with the state under ORS 475.314;

4.  If the application is for a marijuana business, the location is not licensed with the Oregon Liquor Control Commission;

5.  The Director finds by preponderance of the evidence that the applicant or any person directly engaged in the management and operation of the medical dispensary or marijuana business has violated local or State law including a permitting or licensing requirement.

D.  Notwithstanding Subsection 14B.130.070 B., the Director may grant a license after consulting with the Chief of Police despite the presence of one or more factors as outlined in Subsection 14B.130.070 C., if the applicant establishes to the Director’s satisfaction that,

1.  The behavior evidenced by such factor is not likely to reoccur;

2.  The behavior evidenced by such factor is remote in time; or

3.  The behavior evidenced by such factor occurred under circumstances that diminish the seriousness of the factor as it relates to this Chapter.

E.  Marijuana regulatory licenses are valid for a term of 1 year and a renewal schedule will be established by rule. The license is non-transferable and valid only for a single fixed location.

1.  When the business location is to be changed, the licensee shall provide the address of the new location in writing to the Director to review for compliance with the requirements of this Chapter at least 60 days prior to the change.

2.  A person with multiple dispensaries or business locations must apply for and obtain a license for each separate location.

F.  Upon denial of an application for a marijuana regulatory license, the Director shall give the applicant written notice of the denial in accordance with the minimum requirements of Chapter 3.130 of Portland City Code.

1.  Service of the notice shall be by mail to the address of the primary contact for the application on file with the Director. In addition, the Director may also send notices to other addresses known for the applicant or person including electronic delivery.

2.  Mailing of the notice will be prima facie evidence of receipt of the notice.

G.  The denial will be effective the date the notice is sent.

H.  Denial of a marijuana regulatory license may be appealed by filing written notice of an appeal within 10 business days of the date of denial in accordance with Section 14B.130.120.