833.07 ISSUANCE OF FINAL MMF PERMIT AND AUTHORIZATION TO OPERATE FACILITY UNDER PERMIT.
   (a)   If the MMF permit Applicant has successfully demonstrated compliance with all requirements included within the Conditional Approval Permit for issuance of a Permit, including but not limited to, the location conforming to all standards of the zoning district in which it is located, then the City Clerk shall issue a Final MMF permit to the Applicant, or grant renewal of an existing MMF permit.
   (b)   An issued final MMF permit is active beginning the date of the issued permit and expires December 31 of same year except when a final MMF permit is issued during the month of December, which will expire on December 31 of the following year.
   (c)   The issuance of a final MMF permit under this chapter authorizes operation of the facility only after the following additional requirements are met:
      (1)   The Applicant has provided the City Clerk with copies of the Applicant's state operating license and the Certificate of Occupancy for the premises.
      (2)   The Applicant has provided the City Clerk a copy of the State approved premises security plan. The said security measures on the premises are subject to inspection and must be approved by the Battle Creek Police Department and comply with the following:
         (A)   Fully operational security cameras shall monitor all areas of the premises as required by State Administrative Rules, including but not limited to Emergency Rule 27.
         (B)   Recordings from security cameras shall be maintained for a minimum of 14 days, except for in instances of investigation or inspection by the Department, or the City Police Department (BCPD), through its investigators, agents, auditors, or the State Police, in which case the MMF permittee shall retain the recordings and make them available to BCPD upon request until such time as the department or the City notifies the MMF permittee that the recordings may be destroyed.
         (C)   The City Manager may adopt regulations implementing security measures, including but not limited to regulations on the design, location, maintenance, and access to the cameras and recordings so long as they do not conflict with state rules and regulations. City regulations shall take effect 30 days after being filed with the City Clerk unless modified or disapproved by the City Commission.
         (D)   A monitored alarm system consistent with State Administrative Rules, including but not limited to Emergency Rule 27.
         (E)   A storage room for overnight storage of any marihuana product and cash on the premises. The storage room shall have only one door for entry and no other potential means of entry, lawful or unlawful, such as a window or crawl space. The door shall be equipped with a locking mechanism that is different from other locks on any door within the facility.
      (3)   The Applicant has provided the City Clerk proof that all City taxes and assessments owed by the applicant have been paid and any assessments, taxes, or liens on the real property to comprise the licensed premises and personal property located on the licensed premises are also paid.
      (4)   The Applicant has provided the City Clerk proof that the applicant is not in violation of any City ordinances on any other property under the applicant’s ownership or control located within the City.
   (d)   The Applicant shall provide the City with a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of the following types of insurance, as well as a copy of an endorsement placed on each policy requiring 10 days' notice by mail to the city before the insurer may cancel the policy for any reason:
      (1)   Worker's compensation insurance in accordance with Michigan statutory limits and Employers Liability Insurance with a minimum limit of $100,000.00 for each accident for any employee.
      (2)   Public liability and personal injury insurance with minimum limits of $500,000.00 for each occurrence with respect to bodily injury liability or property damage liability, or both combined.
   Documentation must explicitly state the following: (A) policy number; (B) name of insurance company; (C) name and address of the agent or authorized representative; (D) name and address of the insured; (E) location of coverage; (F) policy expiration dates; and (G) specific coverage amounts.
   An original certificate of insurance may be provided as an initial indication of the required insurance. Applicant shall be required to continue without interruption during the term of the MMF permit the above named insurance coverages. If any of the above coverages expire by their terms during the term of a permit, the Applicant shall deliver proof of renewal and/or new policies to the City Clerk at least 10 days prior to the expiration date. Insurance companies, named insured and policy forms shall be subject to the approval of the City Insurance Loss Control Specialist or designee, within 5 business days. Insurance policies shall not contain endorsements or policy conditions which reduce coverage required under the terms of the MMF permit.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18.)