(a) Application for New Annual AUME Permit. An application for a new annual AUME permit for a marihuana establishment shall be submitted in person by the applicant or their state licensed attorney to the City’s Cannabis Coordinator 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 the information requested on the application, including but not limited to, the following:
(1) The name and address of the proposed marihuana establishment 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 proposed marihuana establishment is located.
(4) Name and address of all business managers of the marihuana establishment.
(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 fee title owner, the written, notarized consent of the property owner where the marihuana establishment is proposed to be located to operate a marihuana establishment at that location.
(7) A City-issued zoning assurance letter, provided with the AUME permit application, signed by the applicant which affirms that the applicant has reviewed all applicable zoning ordinances relative to the proposed use, including Ch. 1251 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 Cannabis Regulatory Agency for the applicant or applicant's entity.
(9) If the type(s) of marihuana adult use establishments under the MRTMA application consists of a marihuana grower's permit, the maximum number of plants that the applicant intends to grow. The application form for a marihuana grower's permit is the same for a Class A, Class B, Class C, or Express Grow 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 marihuana 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) AUME marihuana retailer and/or marihuana microbusiness pick list and supporting documentation, which shall be incorporated into the AUME marihuana retailer and/or marihuana microbusiness application regardless of any competing AUME permit marihuana retailer and/or marihuana microbusiness 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 the 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 AUME permit, the City’s Cannabis Coordinator shall review and evaluate the application, along with other necessary City departments. In determining whether an AUME permit should be issued, the City shall evaluate whether the application is complete.
(c) The City’s Cannabis Coordinator shall reject AUME permit marihuana retailer and/or marihuana microbusiness application(s) which selected fewer items in its pick list than a competing AUME permit marihuana retailer and/or marihuana microbusiness application(s) where each was 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 under this subsection may apply their submitted application fee from the denied application toward a new property location if submitted within ten 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. Initial approval of the new annual AUME permit application after review as set out in below Section 835.11
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 marihuana establishment. Within ninety 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’s Cannabis Coordinator.
(1) If application for site plan approval and local permits as outlined above were made but are not obtained within ninety days, then the Conditional Approval Permit shall expire and a new permit application shall be submitted pursuant to Section 835.06
. Extensions may be approved by the City’s Cannabis Coordinator based on substantial work having been completed as determined by the City and at the request of the applicant thirty 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 ninety days, then the Conditional Approval Permit expires, and an applicant will be required to wait thirty days before submitting a new application.
(3) If local permits expire without the work having been completed, then the Conditional Approval Permit shall expire. A new permit application may be submitted pursuant to Section 835.06
.
(4) If local permits expire without the work having been completed and an extension was not timely applied for, or was denied, then the Conditional Approval Permit shall expire. A new permit application shall be submitted pursuant to section 835.06
.
(5) In the event that the establishment does not obtain a Final AUME Permit within ninety days of issuance of a Certificate of Occupancy or ninety days from the issuance of a 90-day Conditional Approval Permit if a Certificate of Occupancy had previously issued, the 90-day Conditional Approval Permit shall expire. A new permit application may be submitted pursuant to Section 833.06
. The City Cannabis Coordinator may grant one extension for up to ninety days to obtain a Final AUME Permit and commence operations upon the receipt of a written request, submitted not later than seven days prior to the expiration date, but only upon the condition that the Applicant submitted its Step Two Final application request to the Agency for a state license within thirty days after having been granted a Certificate of Occupancy by the City, and the cause for delay rests solely with the Agency.
(Ord. 14-2019. Passed 10-15-19; Ord. 11-2022. Passed 11-1-22; Ord. 11-2023. Passed 10-17-23.)