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75B - PH COMMERCIAL CANNIBIS
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75B - PH COMMERCIAL CANNIBIS
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10/12/2017 8:21:47 PM
Creation date
10/12/2017 8:12:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75B
Date
10/17/2017
Destruction Year
2022
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concurrent with the submission of said application the transferee shall obtain all <br />required business licenses, post all required security deposits, acquire all necessary, <br />certificates, permits or other licenses allowing the doing of any act which the person <br />paying or holding the same would not otherwise be entitled to do; and any permit, <br />license, variance or other instrument of approval or evidence that any conditions <br />exist as required by any other section of this Code or by any statute or code <br />provisions of the state must first be obtained or complied with before the doing of <br />any act or thing for which it is required. A fee as established by resolution of the City <br />Council shall be payable for each such application involving transfer of any interest <br />in an existing commercial cannabis business. The provisions of this section shall <br />apply to any person, firm, or entity applying for a regulatory safety permit for <br />premises previously used as such establishment. <br />2. Any such transfer of any interest in an existing commercial cannabis business or any <br />application for an extension or expansion of the building or other place of business <br />of the commercial cannabis business shall require inspection and compliance with <br />section 40-10 of this article. <br />3. The owner or operator of a commercial cannabis business shall be responsible for <br />notifying the City of any intention to rename, change management, or convey the <br />business to another personlentity. Notification to the City must be made a minimum <br />of sixty (60) days prior to such transfer. <br />Section 40-13. Limitations on the City's Liability <br />To the fullest extent permitted by law, the City shall not assume any liability whatsoever, <br />with respect to approving any Regulatory Safety Permits pursuant to this article or the <br />operation of any commercial cannabis business approved pursuant to this chapter. As a <br />condition of approval of a Regulatory Safety Permit as provided in this chapter, the <br />applicant or its legal representative shall: <br />1. Execute an agreement indemnifying the City from any claims, damages, injuries or <br />liabilities of any kind associated with the registration or operation of the commercial <br />cannabis facility or the prosecution of the applicant or business or its members for <br />violation of federal or State laws; <br />2. Maintain insurance in the amounts and types that are acceptable to the City Attorney <br />or designee; <br />3. Name the City as an additionally insured on all City required insurance policies; <br />4. Agree to defend, at its sole expense, any action against the City, its agents, officers, <br />and employees related to the approval of a Regulatory Safety Permit; and <br />Ordinance No. NS -XXX <br />Page 25 of 27 <br />75B-31 <br />
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