(A) Cannabis operations license application. A person seeking a municipal license pursuant to the MRTMA or the MMFLA, and the provisions of this subarticle, shall submit a license application (in addition to the zoning application), to the city on city-approved forms. At the time of license application, each applicant shall pay a nonrefundable license application fee as provided in this subarticle to defray the costs incurred by the city for background investigations, inspection of the proposed premises, as well as any other costs associated with the processing and review of the application. In addition, the applicant shall present a suitable form of government-issued identification.
(B) The license application shall also provide the following information in this division (B), under the penalty of perjury, on the city-approved forms. Such information is required for the applicant, the proposed manager of the cannabis operations, and all persons involved in the cannabis operations that is the subject of the application:
(1) If the applicant is an individual, the applicant’s name, date of birth, social security number, physical address, including residential and any business address; copy of government-issued photo identification, email address, one or more phone numbers, including emergency contact information; and, if applicable, federal tax identification number of the applicant;
(2) If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the State of Michigan, as applicable;
(3) The identity of every applicant and person having any ownership interest in the cannabis operation with respect to which the municipal license is sought;
(4) If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a cannabis operation;
(5) A copy of any deed reflecting the applicant’s ownership of, or lease reflecting the right of the applicant to possess, or an option reflecting the applicant’s right to purchase or lease, the proposed licensed premises;
(6) In addition to the site plan, three stamped or sealed 24 inch by 36 inch drawings of the proposed licensed premises showing, without limitation, building layout, all entryways and exits, ingress and egress to the proposed licensed premises, loading zones and all areas in which cannabis will be, manufactured, processed, stored, or dispensed. All plans and drawings shall be submitted in an electronic format as well;
(7) A comprehensive operation plan incorporating the requirements of the zoning application to include the security plan;
(8) Prior criminal history will be addressed/considered consistent with the provisions of the MRTMA, including but not limited to M.C.L. § 333.27958(1)(c) and/or the MMFLA, including but not limited to M.C.L. § 333.27401(1)(d), Department rules and regulations;
(9) Whether an applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action;
(10) Whether an applicant has filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over the filings concerning the payment of, any tax required under federal, state, or local law, including the amount, type of tax, taxing agency, and time periods involved;
(11) A description of the type of cannabis operations; and the anticipated or actual number of employees;
(12) An acknowledgment and consent that the city may conduct a background investigation, including a criminal history check, and that the city will be entitled to full and complete disclosure of all financial records of the cannabis commercial entity, including records of deposit, withdrawals, balances and loans; and
(13) Any additional information that the city reasonably determines to be necessary in connection with the investigation and review of the application.
(C) Consistent with the MRTMA, including but not limited to M.C.L. § 333.27959(7), the MMFLA, including but not limited to M.C.L. § 333.27205(4), and the Freedom of Information Act, PA 442 of 1976,M.C.L. §§ 15.231 et seq., the information provided to the city and City Clerk pursuant to this section relative to licensure is exempt from disclosure.
(D) All cannabis operations shall obtain all other required permits or licenses related to the operation of the cannabis commercial entity, including, without limitation, any development approvals or building permits required by any applicable code or ordinance.
(E) If a deficiency is identified in an application, the applicant shall have ten business days to correct the deficiency after notification, or as determined by the City Manager.
(F) Upon an applicant’s completion of the above-provided form and furnishing of all required information and documentation, the City Clerk shall accept the application and assign it an application number by cannabis operations type.
(G) Upon receipt of a completed application, the City Clerk shall circulate the application to the City Manager, City Attorney, Community Development, Fire, and Police Departments, Assessing, and Public Works (as well as any other city department that the city may determine is pertinent to review of such applications) to determine whether the application is in full compliance with all applicable laws, rules and regulations.
(H) License evaluation criteria.
(1) Section 9 of the MRTMA requires that the city establish a competitive process to select applicants who are best suited to operate in compliance with the MRTMA and this subarticle when a municipality limits the number of cannabis establishments that may be licensed in the municipality.
(2) Under this subarticle, the city is restricting cannabis licensees to the Cannabis Overlay Districts as identified in this subarticle and the city zoning ordinance. In the event that the city allows more licenses categories and limits the number of those cannabis licensees, and the city will establish requirements for granting cannabis licenses under a City Council approved resolution.
(Ord. 2023-06, passed 8-21-2023)