6.11.120 License suspension or revocation.
A. The authority shall conduct a license suspension or revocation hearing and may, in its sole discretion, suspend or revoke a license if the authority determines that a licensee has:
1. Violated or is not in compliance with this chapter, the Colorado Medical Marijuana Code, the Colorado Retail Marijuana Code, the medical marijuana regulations, the retail marijuana regulations, as applicable, or other provisions of the municipal code.
2. Refused to allow an inspection of the licensed premises as authorized by this chapter.
3. Knowingly permitted any act upon the licensed premises that is unlawful under the laws of the state or the Town.
4. Failed to file required reports or to furnish such other information as may be reasonably required by the Town under the authority vested in it by the Colorado Retail Marijuana Code or the retail marijuana regulations.
B. In the event the state license is suspended or revoked for any reason, the license issued under this chapter shall automatically be suspended for the same period or revoked without any further action by the authority.
C. In determining the action to be taken as provided in this section, the authority shall consider the following factors:
1. Whether the license has been previously suspended or revoked.
2. Whether the licensee was warned that the conduct involved could lead to a suspension or revocation.
3. Whether the cause for suspension or revocation involves one (1) or several violations.
4. Whether the violation(s) are technical or substantive in nature.
5. The extent to which the licensee, licensee’s agents and employees, as opposed to patrons, were involved in the violation(s).
6. The extent to which the licensee or licensee’s employees had knowledge of the violation(s).
7. Any corrective or remedial action the licensee has taken to prevent similar violation(s) in the future.
8. Whether the violation(s) involved the commission of a crime, and if so, the degree of crime involved.
9. The extent to which the violation(s) caused personal injuries or property damage.
10. Whether the licensee has paid damages or made restitution to any person or entity damaged by the violation(s).
11. The extent to which the violations posed a significant risk to the health, safety and welfare of persons on or off of the licensed premises.
12. The length of time over which the violation(s) occurred.
13. The extent to which the licensee or licensee’s employees realized a financial gain from the violation(s).
14. The number of employees, patrons, or both involved in the violation(s).
15. The nature and extent of enforcement action taken by the Town or any law enforcement to detect the violation(s).
16. The involvement of any persons under twenty-one (21) years of age in the violation(s).
17. The extent to which the licensee or licensee’s employees have attempted to conceal the violation(s), destroy evidence or otherwise hinder the investigation and detection of the violation(s).
18. The extent to which the licensee and licensee’s employees have acted in good faith.
19. Whether any other good cause exists for suspension or revocation. (Ord. 782 §2 (Exh. A), 2020)