Sec. 6-5-311. Hearing on application for new license or the denial of a new medical marijuana license.
(a) Before approving or issuing any medical marijuana license, and upon request of any applicant whose application has been summarily denied ex parte for failure to show a prima facie case for approval of a license, the Authority shall hold a hearing at which it shall hear evidence relevant to:
(1) Whether the applicant has met the requirements necessary to obtain a medical marijuana license in Sections 6-5-301 and 6-5-308 of this Code, as amended;
(2) Whether there is good cause for denial of the license as defined in Section 6-5-309 of this Code, as amended; and
(3) Whether conditions should be imposed on the license as provided in Section 6-5-312 of this Code, as amended.
(b) The issues at the hearing shall be limited to the foregoing and shall not include whether persons favor or approve of medical marijuana or favor or oppose medical marijuana licenses in general.
(c) If the Authority finds at the hearing that the applicant has shown by a preponderance of the evidence that it has met the requirements necessary for issuance of a medical marijuana license and that there is no good cause to deny the license, the Authority shall approve the license or approve the license with conditions as provided in Section 6-5-312 of this Code, as amended. If the licensed premises and adjacent grounds have been completed, inspected, and approved as provided in this Article, the Authority shall issue the license forthwith. If not, the Authority shall withhold issuance of the license until the applicant demonstrates that the licensed premises have been completed in substantial compliance with the plans, specifications, and drawings previously submitted and approved, and the licensed premises have been inspected, and approved as provided in this Article. In the event that the licensed premises are not completed, inspected and approved within one hundred twenty (120) days of the approval, the approval shall lapse and the license shall not be issued.
(d) If the Authority finds at the hearing that the applicant has not shown by a preponderance of the evidence that it has met the requirements for issuance of a medical marijuana license or if by a showing of a preponderance of the evidence that there is good cause to deny the license, the Authority shall deny the license. (Ord. 1348, 2011; Ord. 1463 §4, 2018)