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The City of Portland, Oregon

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City of Portland

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14B.130.070 Issuance and Renewal of the License.

(Amended by Ordinance Nos. 188178, 188329, 188602, 189078 and 189183, effective September 26, 2018.)

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, including late 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 Community & Civic Life.

a.  Applicant may request a license fee deferred payment plan by submitting a form provided by the Office of Community & Civic Life to demonstrate financial need.

b.  If the applicant’s deferred payment plan request is approved by the Director, fees must be paid as follows:

(1)  Any marijuana micro-producer tier I, marijuana micro-producer tier II, marijuana micro-wholesaler, or marijuana courier must make an initial payment of $250 before the Director issues the license. The licensee must pay the remaining license fee of $750 within 6 months of the license effective date.

(2)  Applicants for all other license types must make an initial payment of $500 before the Director issues the license. The licensee must pay the remaining license fee of $3,000 within 6 months of the license effective date.

c.  For any marijuana micro-producer tier I, marijuana micro-producer tier II, marijuana micro-wholesaler, or marijuana courier, payments made up to 30 days after the 6-month due date must include a late fee of $100. Payments made after 30 days and up to 60 days after the 6-month due date must include a late fee of $200.

d.  For all other license types, payments made up to 30 days after the 6-month due date must include a late fee of $250. Payments made after 30 days and up to 60 days after the 6-month due date must include a late fee of $500.

e.  Failure to pay the total licensing fee, including late fees, within 60 days after the 6-month due date constitutes a violation and the Director may impose civil penalties, license suspension, and/or license revocation.

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.