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(a) In determining the appropriate sanction, and whether any sanction or portion of a sanction should be suspended, the Authority shall consider the following factors:

(1) The severity of the violation;

(2) Whether the violation was committed deliberately, willfully, intentionally, knowingly, recklessly, wantonly, negligently, or accidentally;

(3) Whether the licensee profited or gained some competitive advantage from the violation or attempted to do so;

(4) Potential and actual harm to patients, primary caregivers, residents, businesses, and the reputation of the medical marijuana industry;

(5) Harm to public health, safety, and welfare;

(6) Warnings, whether written or verbal, given to the licensee, principals, registered manager or employees by the Authority or any state or Town employee before the violation occurred;

(7) The deterrent effect of the sanction on the licensee and other licensees;

(8) Whether the violation was committed or permitted by a principal, registered manager, or employee;

(9) Previous violations by the licensee, principals, registered manager or employees of the same or different nature and at the same or different licensed premises, including contempt;

(10) Previous sanctions imposed on the licensee, including sanctions for contempt;

(11) Steps taken by the licensee before the violation occurred to prevent the violation from occurring;

(12) Whether the violation occurred on the licensee’s licensed premises or its adjacent grounds, or the licensed premises or adjacent grounds of another licensee;

(13) Any plans that the licensee may present showing how it intends to remedy the problem and prevent the same and similar violations in the future; and

(14) Any other aggravating or mitigating factors, except those that the Authority may not legally consider.

(b) In determining the appropriate sanction, the Authority shall not consider the following factors:

(1) Gender, race, ethnicity, ancestry, religion, or sexual orientation;

(2) The licensee’s business income at the licensed premises, except as provided in § 12-43.3-601(3), C.R.S., for fines in lieu of suspension;

(3) The probable effect of the sanction on the licensee’s finances;

(4) Any criminal sanction imposed on any person as a result of the same or related conduct;

(5) Any administrative penalty imposed by the state as a result of the same or related conduct;

(6) Any civil judgment imposed as a result of the same or related conduct;

(c) The administrative sanctions provided in this Section are intended to be in addition to any administrative, civil or criminal penalty, or judgment imposed by any court or licensing authority. (Ord. 1348, 2011; Ord. 1463 §4, 2018)