(a) No medical marijuana dispensary shall operate in the City of Bedford unless the dispensary possesses a valid local operating license pursuant to this chapter and a valid state certificate of operation from the Ohio Department of Commerce, except as otherwise provided in this Section.
(b) A medical marijuana dispensary seeking to obtain a local operating license under this chapter must first apply for a local provisional license. A medical marijuana dispensary may not receive a building permit or certificate of occupancy unless, at the time such documents are issued, the dispensary possesses a valid local provisional license.
(c) An application for a local provisional license shall be made to the Local Licensing Authority and shall include:
(1) The legal name of the applicant.
(2) The type of business organization of the applicant, such as an individual, corporation, partnership, limited liability company, association, cooperative, joint venture, or any other.
(3) Confirmation that the applicant is registered with the Ohio Secretary of State as the type of business submitted pursuant to this rule, a certificate of good standing issued by the Ohio Secretary of State, and a copy of the applicable business documents governing the operations and administration of the business.
(4) The mailing address, email address, and phone number of the applicant, if the applicant is an individual, or the name, mailing address, email address, and phone number of a designated representative of the applicant, if the applicant is not an individual.
(5) If the applicant is currently, was previously, or has applied to be licensed or authorized in another state to cultivate, produce, test, dispense, or otherwise deal in the distribution of medical marijuana in any form, the following:
A. A copy of each such licensing/authorizing document verifying licensure in that state;
B. A statement granting permission to contact the regulatory agency that granted the license, accompanied by contact information, to confirm the information contained in the application; and
C. If the applicant was ever warned, fined, denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never warned, fined, denied, suspended, revoked or otherwise sanctioned. This includes notification of any pending proceedings regarding warnings, fines, denials, suspensions, revocations, or other sanctions.
(6) With respect to any person presently or previously associated with the applicant, any instance in which such person managed or served on the board of a business and was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding in connection with such management or service, as well as information regarding the association between such person and the applicant;
(7) The proposed physical address of the applicant's medical marijuana dispensary and confirmation that the property is properly zoned for such use.
(8) A location area map of the area surrounding the proposed medical marijuana dispensary that establishes that the parcel of real estate on which the proposed facility will be located is at least five hundred feet from the boundaries of a parcel of real estate having situated on it a prohibited facility, as measured under Chapter 3796:5-5-01 of the Ohio Administrative Code.
(9) Any other information requested by the Local Licensing Authority.
(10) A non-refundable application fee of two hundred fifty dollars ($250.00).
(d) An application for a local provisional license shall be granted on the approval of the Local Licensing Authority at his/her discretion, except as otherwise provided in this Section. Within one year of receiving a local provisional license, a medical marijuana dispensary may apply for a local operating license. If a medical marijuana dispensary possessing a local provisional license has not applied for a local operating license within one year, the local provisional license will expire and a medical marijuana dispensary seeking a local operating license will need to first submit a new application for a local provisional license.
(e) An application for a local operating license shall be made to the Local Licensing Authority and shall include:
(1) A copy of the provisional license or Certificate of Operation granted by the Ohio Department of Commerce under Chapter 3796 of the Ohio Revised Code to the medical marijuana dispensary at the address at which the facility is to be located.
(2) Confirmation that the medical marijuana dispensary is conforming to all requirements under this Chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
(3) Confirmation that the Bedford Police Department has inspected the facility and approved the security arrangements.
(4) Any other information requested by the Local Licensing Authority.
(5) A non-refundable application fee of twenty five thousand dollars ($25,000.00).
(f) An application for a local operating license shall be granted on the approval of the Local Licensing Authority at his/her discretion, except as otherwise provided in this Section. No local operating license shall be issued by the Local Licensing Authority except upon presentation of a valid state certificate of operation.
(g) Every local operating license issued by the City shall expire one year after the date on which it was issued. A renewal application for a medical marijuana dispensary shall be submitted to the Local Licensing Authority at least ninety (90) days prior to the expiration date of the local operating license. The renewal application shall include:
(1) Confirmation that the medical marijuana dispensary is conforming to all requirements under this Chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code;
(2) A copy of a valid certificate of operation issued by the Ohio Department of Commerce to the medical marijuana dispensary for the same address;
(3) Any other information requested by the Local Licensing Authority;
(4) A non-refundable renewal fee of fifteen thousand dollars ($15,000.00);
(h) An application for a renewal of a local operating license shall be granted on the approval of the Local Licensing Authority, except as otherwise provided in this Section. A local operating license shall be renewed if:
(1) The application for renewal is complete and filed in a timely manner;
(2) The medical marijuana dispensary submits the corresponding renewal fee;
(3) The medical marijuana dispensary provides a copy of a valid state certificate of operation issued by the Ohio Department of Commerce to the medical marijuana dispensary for the same address;
(4) The City Manager or designee confirms that nothing warrants the denial of the renewal under this Chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code; and
(5) The medical marijuana dispensary passes any and all inspections required by the relevant state licensing authority.
(i) Both local provisional licenses and local operating licenses are only valid as to the particular address listed in the initial local provisional license application. A medical marijuana dispensary which has obtained a local operating license may submit an application for a location change to the Local Licensing Authority, which shall include:
(1) Confirmation that the medical marijuana dispensary is conforming to all requirements under this Chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
(2) A copy of a valid certificate of operation issued by the Ohio Department of Commerce to the medical marijuana dispensary for the current address.
(3) The new proposed physical address of the applicant's medical marijuana dispensary and confirmation that the property is properly zoned for such use.
(4) A location area map of the area surrounding the newly proposed medical marijuana dispensary location that establishes that the parcel of real estate on which the facility will be located is at least five hundred (500) feet from the boundaries of a parcel of real estate having situated on it a prohibited facility, as measured under Chapter 3796:5-5-01 of the Ohio Administrative Code.
(5) Any other information requested by the Local Licensing Authority.
(6) A non-refundable application fee of two thousand five hundred dollars ($2,500.00).
(j) An application for a location change for a local operating license may be granted on the approval of the Local Licensing Authority at his/her discretion, except as otherwise provided in this Section. If approval for the location change is granted, a new local operating license will be issued.
(k) Both local provisional licenses and local operating licenses are only valid as to the particular person listed in the initial local provisional license application. If the ownership of a medical marijuana dispensary changes, requiring a transfer of ownership application to the State of Ohio under Chapter 3976:2-1-08 of the Ohio Administrative Code, the medical marijuana dispensary must notify the City. If the State of Ohio determines that the proposed ownership change complies with Chapter 3796:2-1- 08, the ownership change will be permitted by the City under the existing local provisional license or local operating license. If the State of Ohio determines that a new state license application is required under Chapter 3976:2-1-08(B)(l)(d) of the Ohio Administrative Code, then the ownership change will not be permitted by the City without a new local provisional license and a new local operating license.
(l) As part of the submission of an application that results in the issuance of a local provisional license or local operating license, a medical marijuana dispensary irrevocably consents to any inspection by the City of Bedford or the Bedford Police Department that is deemed necessary to ensure compliance by the medical marijuana dispensary with this Chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code. An inspection may be conducted with or without notice. During an inspection, a representative of the City of Bedford or the Bedford Police Department may:
(1) Review and make copies of all records maintained in accordance with rules 3796:2-2-08, 3796:3-2-08, 3796:6-3-18, and 3796:4-2-09 of the Ohio Administrative Code;
(2) Enter any area in the facility;
(3) Inspect facility vehicles;
(4) Review the policies and procedures of the medical marijuana dispensary, including methods of operating;
(5) Survey the premises and any off-site facilities;
(6) Inspect all equipment, instruments, tools, materials, machinery, or any other resource used to cultivate, process, dispense, or test medical marijuana;
(7) Request access to locked areas in the facility;
(8) Question licensed employees at the location; and
(9) Obtain samples for testing of any medical marijuana at the facility, media used to grow medical marijuana, chemicals and ingredients used in the cultivation process, any labels or containers for marijuana, or any raw packaged medical marijuana.
(m) Notification.
(1) If at any time a medical marijuana dispensary licensed under this Chapter is subject to any enforcement action by the State of Ohio under Ohio Administrative Code Chapter 3796:5-6-01, the medical marijuana dispensary must immediately notify the City of Bedford and provide any relevant information or documentation requested by the City.
(2) If, at any time, a medical marijuana dispensary licensed under this Chapter or an employee thereof has a reasonable belief that an actual loss, theft, or diversion of medical marijuana or currency over one hundred dollars ($100.00) has occurred, the medical marijuana dispensary must immediately notify the Bedford Police Department, and such notification shall be provided no later than 24 hours after discovery of the loss, theft, or diversion.
(3) If at any time any information contained in a medical marijuana dispensary's local provisional license application changes in any material aspect, the medical marijuana dispensary must notify the City of Bedford within 72 hours.
(n) If, at any time, the City becomes aware that a medical marijuana dispensary possessing a local provisional license or a local operating license has engaged in, is engaged in, or is about to engage in any act or practice declared to be prohibited by this Chapter, Chapter 3796 of the Ohio Revised Code, Chapter 3796 of the Ohio Administrative Code, or any other local, state, or federal law (with the exception of acts permitted under state law but are federal law violations stemming from the classification of marijuana as a controlled substance under 21 U.S.C. §812(c)), the Local Licensing Authority may do any of the following:
(1) Refer such violations to the Ohio Department of Commerce;
(2) Issue a warning to the medical marijuana dispensary, which may include possible corrective action(s);
(3) Suspend the license and require any violations to be resolved and corrective actions to be taken as conditions to the reinstatement of the suspended license;
(4) Revoke the license.
(o) Notice.
(1) A warning, suspension, or revocation issued by the City under this Section shall be served upon the medical marijuana dispensary at the address for which a local provisional license and local operating license was granted, by personal service, or by certified and regular mail.
(2) Notice by certified mail shall be effective upon delivery. In the event that notice by certified mail is returned unclaimed or refused, mailing of the notice by regular mail shall be deemed effective upon mailing. Notice by personal service shall be deemed effective at the time of personal service.
(p) A medical marijuana dispensary must immediately cease operations upon suspension, revocation, or expiration of a local provisional license or local operating license, unless otherwise instructed by the city, until the suspension is lifted or a new, valid license is obtained.
(q) Suspension of licenses.
(1) Suspension of licenses shall only be accomplished through the procedures outlined in this subsection. Suspension shall be accomplished after a public hearing is held thereon by the Local Licensing Authority, which hearing shall be held within thirty days after notice is given to the licensee of such hearing, by certified mail and regular mail. The licensee shall have the right to appear at such a hearing, to be represented by counsel, and to examine and cross-examine witnesses.
(2) Suspension may take place without a prior hearing if the Local Licensing Authority finds clear and convincing evidence that the continued distribution of medical marijuana presents a danger of immediate and serious harm to others. Notice of the suspension shall be made as provided in this Section and a hearing on the merits of the suspension will take place within five days of the suspension.
(3) The suspension will remain in effect, unless lifted by the Local Licensing Authority, pending the results of the hearing. If the Local Licensing Authority does not issue an order within ninety (90) days after the hearing, the suspension shall be lifted on the ninety-first (91st) day following the hearing.
(4) As a condition of reinstatement, the Local Licensing Authority may require any violations to be resolved and reasonable corrective actions to be taken.
(r) Revocation of licenses.
(1) Revocation of licenses shall only be accomplished through the procedures outlined in this subsection. Revocation shall be accomplished only after a public hearing is held thereon by the Local Licensing Authority, which hearing shall be held within thirty days after notice is given to the licensee of such hearing, by certified mail and regular mail. The licensee shall have the right to appear at such a hearing, to be represented by counsel, and to examine and cross-examine witnesses.
(2) If a medical marijuana dispensary's local provisional license or local operating license is revoked, the medical marijuana dispensary will coordinate with the City of Bedford and the Ohio Department of Commerce in the closing of the facility as provided for in the Ohio Administrative Code.
(s) In the event of a decision or ruling adverse to a licensee or license applicant regarding a denial, revocation, or suspension of a license, the licensee or license applicant shall have the right to appeal such decision and ruling to a court of competent jurisdiction, under authority of and pursuant to the provisions of Chapter 2506 of the Ohio Revised Code. A notice of appeal in such action shall be filed with the Office of the Mayor, as well as with the court to which the action is appealed, within appropriate time limits, as provided in Chapter 2505 of the Ohio Revised Code.
(Ord. 9532-17. Passed 10-23-17.)