Sec. 6-5-404. Summary suspension.
(a) The Authority may summarily suspend any license without notice or hearing if the Authority finds, ex parte, that there is probable cause to believe that:
(1) The licensee or its principals, registered manager, or employees have committed a willful or deliberate violation of this Article or state law or state regulations; and
(2) The continued operation of the medical marijuana license poses an immediate and substantial threat to public health, safety, and welfare, such that waiting the time required to hold a regular disciplinary hearing would probably result in substantial harm to public health, safety and welfare.
(b) If the Authority imposes a summary suspension ex parte, it shall notify the licensee in writing as soon as is practical that it has been summarily suspended, that it must close its licensed premises, and the date, time, and place of the three (3) day hearing to follow.
(c) The Authority shall hold a hearing within three (3) business days, at which the licensee may be present, to determine whether the summary suspension should continue pending a full hearing on the alleged violation.
(d) The Authority shall set a full hearing on the sanctions to be imposed for the violation that led to summary suspension to be held within thirty (30) days from the date the licensee was first informed of the summary suspension and required to close the licensed premises, unless the Authority finds at the three (3) day hearing or upon the Town’s motion, that there no longer is probable cause to believe that a violation occurred.
(e) The licensee may waive the thirty (30) day hearing requirement and request a later hearing, but such waiver shall operate as consent to continue the summary suspension until the later date. (Ord. 1348, 2011; Ord. 1463 §4, 2018)