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75E-2 - PH AMND ORD CREATE CH 40 MUNI CODE
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75E-2 - PH AMND ORD CREATE CH 40 MUNI CODE
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11/2/2017 5:17:39 PM
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
75E-2
Date
11/7/2017
Destruction Year
2022
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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 person/entity. 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 />5. Agree to indemnify and reimburse the City for any court costs and attorney fees that <br />the City may be required to pay as a result of any legal challenge related to this <br />ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at <br />its sole discretion, participate at its own expense in the defense of any such action, <br />but such participation shall not relieve the operator of its obligation hereunder. <br />Section 40-14. Fees and Taxes <br />All commercial cannabis businesses shall pay applicable fees and taxes, which may <br />shall include one or more of the following: <br />Ordinance No. NS -XXX <br />Page 26 of 28 <br />75E-2-30 <br />
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