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NS-2942
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NS-2942
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Last modified
12/12/2018 11:21:13 AM
Creation date
4/16/2018 8:39:31 AM
Metadata
Fields
Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2942
Date
4/3/2018
Destruction Year
P
Document Relationships
2019-068 - Reducing the Commercial Cannabis Gross Receipts Tax
(Amended By)
Path:
\Resolutions\CITY COUNCIL\2011 -\2019
NS-2944
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
NS-2962
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2018 (NS-2935 - NS-2962)
NS-2973
(Amended By)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2019 (NS-2963 - NS-2978
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any conditions exist as required by any other section of this Code or by any statute or <br />code 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 in <br />an existing commercial cannabis retail business. The provisions of this section shall <br />apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises <br />previously used as such establishment. <br />2. Any such transfer of any interest in an existing commercial cannabis <br />business or any application for an extension or expansion of the building or other place <br />of 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 a commercial cannabis business shall be <br />responsible for notifying the City of any intention to rename, change management, or <br />convey the business to another person/entity. Notification to the City must be made a <br />minimum 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 any liability <br />whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this <br />article or the operation of any commercial cannabis business approved pursuant to this <br />chapter. As a condition of approval of a Regulatory Safety Permit as provided in this <br />chapter, the applicant or its legal representative shall: <br />1. Execute an agreement indemnifying the City from any claims, damages, <br />injuries or liabilities of any kind associated with the registration or operation of the <br />commercial cannabis business or the prosecution of the applicant or business or its <br />members for violation of federal or State laws; <br />2. Maintain insurance in the amounts and types that are acceptable to the <br />City Attorney or designee; <br />3. Name the City as an additionally insured on all City required insurance <br />policies; <br />4. Agree to defend, at its sole expense, any action against the City, its <br />agents, officers, and employees related to the approval of a Regulatory Safety Permit; <br />and, <br />5. Agree to indemnify and reimburse the City for any court costs and attorney <br />fees that the City may be required to pay as a result of any legal challenge related to <br />this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, <br />at 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 />Ordinance No. NS -2942 <br />Page 23 of 31 <br />
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