§ 1634. ADDITIONAL ADMINISTRATIVE ENFORCEMENT ORDERS.  


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  • (a) Order to Cease Operations Without Permit. Upon a determination by the Director that any Cannabis Business is operating without all valid, effective, and current permits required by this Article 16 , the Director shall issue an Order to Cease Operations Without Permit, which shall be posted prominently on the Premises and mailed to the Cannabis Business. Such Order shall state:
    (1) The required permits which are lacking;
    (2) That the Cannabis Business has 24 hours from the time of posting to demonstrate to the Director’s satisfaction that the Cannabis Business has the required valid, effective, and current permits;
    (3) If the Cannabis Business has not made such demonstration within 24 hours of the time of posting, it must cease operations immediately. 1 hours, that the Cannabis Business must immediately close until such time as it demonstrates to the Director’s satisfaction that the Cannabis Business has the required permits; and
    (4) If the Cannabis Business fails to close as required by this subsection (a), that the Director shall issue an Immediate Closure Order and close the Premises.
    (b) Order to Cease Operations without a Permit Inapplicable to Permit Suspensions and Revocations. As set forth in subsection (b) of section 1633, a Cannabis Business whose permit has been suspended or revoked must cease operations within 24 hours of the suspension or revocation order being final. The Director is not required to issue an Order to Cease Operations without a Permit to a Cannabis Business whose Cannabis Business Permit is subject to a final order of suspension or revocation.
    (c) Immediate Closure Order. The Director shall issue an Immediate Closure Order ordering closure of a Cannabis Business under the following circumstances:
    (1) 72 hours after the issuance of an Order to Cease Operations Without Permit, the Cannabis Business has not demonstrated to the Director’s satisfaction that the Cannabis Business has the required permits, and the Cannabis Business nevertheless continues to operate;
    (2) 24 hours after the suspension or revocation of a permit becomes final, the Cannabis Business continues to operate;
    (3) Without delay, after issuance of a summary suspension.
    (d) Enforcement. It is the duty of a Cannabis Business and any person owning or managing a Cannabis Business, to obey all orders issued under this Section 1634. To enforce an Immediate Closure Order, the Director shall take such steps as the Director views as reasonable and necessary to enforce such order, including but not limited to securing and barricading the Premises. The Director is hereby authorized to call upon the Police Department and other departments and bureaus to aid and assist the Director in such enforcement, and it shall then be their duty to enforce the provisions of this Article and to perform such duties as may come within their respective jurisdictions.
    (e) Enforcement Costs. Following an Order under this Section 1634, the Director shall issue a separate order assessing the City’s costs of enforcement, including the costs incurred by the Office as well as the costs incurred by any other City departments, against the Cannabis Business. Such assessments shall be paid within 10 days of issuance of the separate order. Unpaid amounts shall accrue late fines, penalties, and interest, and may be collected as provided in Section 1632 of this Article 16.
    (Added by Ord. , File No. 171042, App. 12/6/2017, Eff. 1/5/2018; amended by Ord. , File No. 180912, App. 12/21/2018, Eff. 1/21/2019; Ord. , File No. 191174, App. 12/20/2019, Eff. 1/20/2020)
    CODIFICATION NOTE
    1. So in Ord. .