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11E - 2ND READ ORD COMMERCIAL CANNABIS
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11E - 2ND READ ORD COMMERCIAL CANNABIS
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Last modified
11/16/2017 6:20:34 PM
Creation date
11/20/2017 7:23:24 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
11E
Date
11/21/2017
Destruction Year
2022
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provisions of this section shall apply to any person, firm, or entity applying for a <br />regulatory safety permit for premises previously used as such establishment. <br />2. Any such transfer of any interest in an existing Adult -Use cannabis retail business or <br />any application for an extension or expansion of the building or other place of <br />business of the commercial cannabis retail business shall require inspection and <br />compliance With section 40-11 of this article. <br />3. The owner or operator of an Adult -Use cannabis retail business shall be responsible <br />for 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 40-14. Limitations on the City's Liability <br />To the fullest extent permitted by law, the City shall not assume aby liability whatsoever, <br />with respect to approving any Regulatory Safety Permits pursuant to this article or the <br />operation of any Adult -Use cannabis retail business approved pursuant to this chapter. <br />As a 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 Adult -Use <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 40-15. Fees and Taxes <br />All Adult -Use cannabis retail businesses shall pay applicable fees and taxes, which shall <br />include one or more of the following: <br />Ordinance No. NS -XXX <br />11 E-25 Page 23 of 25 <br />
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