(a) Renewal of Final AUME Permits.
(1) Only an issued AUME final permit may be renewed. Applicants seeking renewals shall file a new application pursuant to Section 835.06.
(b) Amendments.
(1) Amendment of AUME application without conditional or final AUME permit approval.
A. Prior to a decision of a conditional permit, an AUME application may be amended under any of the following circumstances:
1. Change in property ownership or property lessee/lessor name(s);
2. Clerical errors/omissions such as misspelling, wrong numbering, or other similar items in the submitted application; or
3. Any City required amendments of clarifications, clerical errors, additional entity background information, additional property information, or other relevant information required for City decision.
B. Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
C. Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the applicant.
(2) Non-substantive changes to approved conditional or final AUME permit:
A. After receiving an approved conditional or final AUME permit, and AUME application may be amended for any circumstance listed under subsection (b)(1)A.2.
B. Prior to receiving an approved final AUME permit, any change which will not increase the project intensity, as solely determined by the Zoning Administrator, including but not limited to: building size, number of marihuana plants, hours of operation, and type of AUME use. The Zoning Administrator's decision as to whether the change shall be permitted as not increasing the project intensity shall be considered a final determination. If the Zoning Administrator determines that such change requires the submittal of a new or amended site plan application or building/trade permits, then these items shall be mandatory and enforceable.
C. Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
D. Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the applicant.
(3) Substantive changes to an approved conditional or final AUME permits require the filing of a new application pursuant to Section 835.06. The following changes shall be considered "substantive," as intended by this subsection:
A. An increase in the project intensity as determined solely by the Zoning Administrator including, but not limited to: number of marihuana plants, hours of operation, or other aspects of the project which have an effect on the intensity, visual appearance, noise or odor levels, or other possible impacts to surrounding properties, public services/infrastructure.
B. Adding a new AUME use on the same property as the approved conditional or final AUME permit.
C. Lapse in the 90-day conditional permit period without having fulfilled requirements pursuant to Section 835.06(b).
D. A request to remove any item(s) selected on the submitted AUME marihuana retailer or microbusiness pick list.
(c) Transferring Approved Conditional or Final AUME Permit.
(1) The transferring of an approved conditional AUME permit which changes the listed applicant to a different entity or person is prohibited.
(2) The transferring of approved conditional or final AUME permits to another location is prohibited.
(3) The transferring of an approved final AUME permit which only changes the listed applicant to a different entity or person may be allowed with the submittal of:
A. Document consisting of a notarized and original signatures;
B. State of Michigan Licensing and Regulatory Affairs Department document indicating approval of applicant or applicant's entity of Department's Step 1: Prequalification Document Checklist; and
C. Fee as established in the fee, bond, and insurance schedule provided for in Section 802.24.
(d) Rescission of Approved Conditional or Final AUME Permit.
(1) An applicant may rescind an approved conditional or final AUME permit at any time to effectively remove such permit from the associated property.
(2) The rescission is effective as of the time and date of a City approval of a completed rescission City form.
(3) Once rescission is effective, an applicant receiving the approved rescission cannot file a new AUME application within ten business days anywhere within the City of Battle Creek.
(4) No fees paid in conjunction with the rescinded approved conditional or final AUME permits shall be refunded.
(Ord. 14-2019. Passed 10-15-19; Ord. 11-2022. Passed 11-1-22.)