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b) Other individuals. Other individuals found to be in violation of this article shall be charged <br />an administrative fee as determined by the city council. <br />c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a <br />misdemeanor for any violation of this article. <br />Sec. 12-63. Exceptions and defenses. <br />Nothing in this article shall prevent the providing of THC products to a person under the <br />age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an <br />affirmative defense to the violation of this article for a person to have reasonably relied on proof <br />of age as described by state law. <br />Sec. 12-64. Severability <br />If any section or provision of this article is held invalid, such invalidity shall not affect other <br />sections or provisions which can be given force and effect without the invalidated section or <br />provision. <br />Secs. 12-65-12-70. Reserved. <br />DIVISION 3. LICENSE <br />Sec. 12-71. Required. <br />a) Obtaining from city. No person shall sell or offer to sell any THC product without having <br />obtained a license to do so from the city. All licenses issued under this section shall be valid <br />only on the premises for which the license was issued and only for the person, to whom the <br />license it was issued. No transfer of any license to another location or person shall be valid. <br />b) Application. An application for a license to sell THC products shall be made on a form <br />provided by the city. The application shall contain the full name of the applicant, the <br />applicant's residential and business addresses and telephone numbers, the name of the <br />business for which the license is sought, and any additional information the city deems <br />necessary. Upon receipt of a completed application, the city administrator/clerk/treasurer <br />shall forward the application to the city council for action at its next regularly scheduled <br />council meeting. If the city clerk determines that an application is incomplete, the clerk will <br />return the application to the applicant with notice of the information necessary to make the <br />application complete. <br />c) Action. The council may either approve or deny the license, or it may delay action for such <br />reasonable period of time as necessary to complete any investigation of the application or <br />the applicant it deems necessary. If the council approves the license, the city clerk will issue <br />the license to the applicant. If the council denies the license, notice of the denial will be <br />given to the applicant along with notice of the applicant's right to appeal the council's <br />decision. <br />DOCSOPEN\SP275\1\836560.v2-11/3/22