833.06 APPLICATION REQUIREMENTS FOR AND ISSUANCE OF A NEW CITY MMF PERMIT; CONDITIONAL APPROVAL.
   (a)   Application for new annual MMF Permit. An application for a new annual MMF permit for a marihuana facility shall be submitted in person by the Applicant or their State licensed attorney to the City Clerk on a form provided by the City, which shall fulfill all of the requirements indicated on the form. An Applicant shall truthfully and fully provide all of information requested on the application, including but not limited to, the following:
      (1)   The name and address of the proposed facility and any other contact information requested on the application form.
      (2)   The Applicant's full name, business address, e-mail address and phone number and presentation of a valid, government-issued photo identification.
      (3)   The name and address of all owners of the real property where the facility is located.
      (4)   Name and address of all business managers of the facility.
      (5)   A statement with respect to each person named on the application whether the person has:
         (A)   Ever been convicted of a felony involving controlled substances as defined under the Michigan Public Health Code, M.C.L.A. 333.1101 et seq., the federal law, or the law of any other state and, if so, the date of the conviction and the law under which the person was convicted.
         (B)   Ever been convicted of any other type of felony under the law of Michigan, the United States, or another state, and, if so, the date of the conviction and the law under which the person was convicted.
      (6)   Proof of an Applicant's ownership or legal possession of the premises and, if the Applicant is not the owner, the written, notarized consent of the property owner where the facility is proposed to be located to operate a facility at that location.
      (7)   A City-issued zoning assurance letter, provided with the MMF Permit application, signed by the Applicant which affirms that the Applicant has reviewed all applicable zoning ordinances relative to the proposed use, including Ch. 1299 and all regulations addressing site development including, but not limited to parking, setbacks, and signage.
      (8)   State of Michigan Department of Licensing and Regulatory Affairs document indicating approved prequalification status by the Medical Marihuana Licensing Board for the applicant or applicants entity.
      (9)   If the type(s) of Facility under the MMFLA application consists of a grower's permit, the maximum number of plants that the Applicant intends to grow. The application form for a grower's permit is the same for a Class A, Class B, or Class C license and one application fee for a grower's license shall apply without regard to the class of state operating license the permit application seeks. An application fee pursuant to Section 802.24 for each grower’s license Class shall apply.
      (10)   Payment of a non-refundable application fee, which shall be established by resolution of the City Commission and set out in the Fee, Bond, and Insurance schedule provided for in Section 802.24.
      (11)   MMF Provisioning Center Pick List and supporting documentation which shall be incorporated into the MMF provisioning center application regardless of any competing MMF Permit provisioning center applications. Once items on the Pick List have been voluntarily selected and submitted with the application, it is mandatory that those items be satisfied.
      (12)   If license holder is not the On-site Operator, indicate name and contract information of the On-site Operator.
   (b)   Upon filing of the application for an MMF Permit, the City Clerk shall review and evaluate the application, along with other necessary City departments. In determining whether an MMF Permit should be issued, the City shall evaluate whether the application is complete.
   (c)   The City Clerk shall reject MMF permit Provisioning Center application(s) which selected fewer items in its Pick List than a Competing MMF permit Provisioning Center Application(s) where each were submitted and determined to be complete during the same 24 hour period, defined as falling between 3:00 p.m. and 2:59 p.m. the following business day.
      (1)   The applicant of the denied application may apply their submitted application fee from the denied application towards a new property location if submitted within 10 business days after the initial application denial. If no new application is submitted within that period, a partial refund shall be provided as set out in Section 802.24 Fee, Bond and Insurance Schedule.
   (d)   Conditional Approval Permit. Approval of the new annual MMF Permit application after review as set out in below Section 833.11 will result in the issuance of a 90 day Conditional Approval Permit, which authorizes the Applicant to apply for and seek site plan review approval, and building/trade permits. A Conditional Approval Permit does not authorize use of a Facility. Within 90 days of issuance of the Conditional Approval Permit, the Applicant shall submit proof of an approved City site plan review and building/trade permits to the City Clerk.
      (1)   If application for site plan approval and local permits as outlined above were made but are not obtained within 90 days, the Conditional Approval Permit shall expire and a new permit application shall be submitted pursuant to Section 833.06. Extensions may be approved by the City Clerk based on substantial work having been completed as determined by the City and at the request of the Applicant 30 days prior to the expiration of the Conditional Approval Permit.
      (2)   If no site plan or building plans have been submitted for permits within the 90 days, the Conditional Approval Permit expires, and an Applicant will be required to wait 30 days before submitting a new application.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18.)