(a) A person seeking a City permit to operate a medical marihuana establishment pursuant to the provisions of this chapter shall submit an application to the City Clerk on forms provided by the City. At the time of permit application submission, each applicant shall pay the nonrefundable application fee as established by City resolution. The City shall accept only one application, per applicant, per location. The deadline for submissions for applications is, 2022.
(b) Applications will only be accepted from those applicants that have been prequalified by the State of Michigan for a marihuana establishment license. Proof of prequalification shall be submitted with the license application.
(c) (1) Upon an applicant's submission of the above-provided form, the City Clerk shall accept the application for review and consideration and assign it an application number. The information to be submitted shall be the same information as that required for a medical marihuana facility license in Section 810.05.
(2) Only one permit application, per applicant, will be accepted for consideration for a single location. No application will be scored unless it is complete.
(d) If the City Clerk identifies a deficiency in the completeness of an application, the applicant shall have ten business days to correct the deficiency after notification by the City Clerk. The application will be considered withdrawn on the 11th business day if correction was not made.
(e) Upon receipt of a completed application, the City Clerk may circulate the application to all affected department heads of the City or their designees for input as to whether the application and premises is in compliance with applicable laws, rules and regulations.
(f) The City shall assess, evaluate, score, and rank all complete applications. Once all applications have been received by the deadline established by the City, the City shall assess, evaluate, score, and rank each application based upon a scoring and ranking procedure developed by the City consistent with the requirements, conditions, and provisions of this Section. The applicant(s) with the highest ranking will be provided the available licenses. In the event of equal scoring among applicants for any available license, a drawing shall be conducted to determine which applicant will receive the license.
(g) Initial scoring and ranking shall be conducted and applied by the City on the basis of assigned points from zero (0) points to 110 points with the lowest overall total score as zero points and the highest possible total score being 110 points. Scoring categories include, and are limited to the following scoring points and criteria:
(1) The content and sufficiency of the information provided by applicant in the application. The maximum number of scoring points in this category shall be five points.
(2) Whether the majority stakeholder of the applicant is a resident in the 48423 Zip Code. The maximum number of scoring points in this category shall be twenty points.
(3) Whether the majority stakeholder of the applicant can provide proof of ownership of another Davison-area business(es) within the last eight months. For the purposes of this criterion, "Davison-area" means with a three-mile radius of the City limits. The maximum number of scoring points in this category shall be twenty points.
(4) Whether the applicant intends to operate its marihuana facility or establishment on presently undeveloped property in the City. The maximum number of scoring points in this category shall be ten points.
(5) The business probity, moral reputation, and relevant criminal history of applicant or any of its stakeholders; whether the applicant or any of its stakeholders have a record of acts detrimental to the public health, security, safety, morals, good order, or general welfare prior to the date of the application; whether the applicant or any of its stakeholders have any other professional licenses, including by way of example, but not limited to, such licenses as a medical doctor, lawyer or accountant; and whether the applicant (including all owners or stakeholders) can attest and demonstrate that it is not in default to the City or the State of Michigan. The maximum number of scoring points in this category shall be five points.
(6) Whether the applicant has provided a robust patient education plan that provides guidance and information to medical marihuana patients regarding the risks and benefits of medicinal marihuana products, including hemp-based products. The maximum number of scoring points in this category shall be five points.
(7) Whether the applicant has provided a comprehensive and financially-supported community improvement plan focusing on community improvement and outreach that demonstrates commitment to the City and the surrounding community through a signed agreement with the City. Community improvement and outreach on behalf of the applicant or its stakeholders may include, but are not limited to significant physical improvements to the area around the property or other areas contiguous to the property that would include, but not be limited to, plans to eliminate or minimize traffic, noise, and odor effects on the surrounding neighborhood and improve the surrounding neighborhood and area. Community improvement and outreach may also include plans to make significant physical improvements to other local private or public roads, rights-of-way, alleys, parks or any other private or public property that would benefit the surrounding area. The maximum number of scoring points in this category shall be ten points.
(8) Whether the applicant's proposed use is consistent with the land use for the surrounding neighborhood and will not have a detrimental effect on traffic patterns, health, welfare or safety of residents or abutting properties. The maximum number of scoring points in this category shall be ten points.
(9) The number of full-time and part-time positions anticipated by applicant, and whether applicant has articulated plans or strategies to attract, hire and retain employees that are residents of the City. Whether applicant has articulated plans or strategies in providing competitive compensation, benefits or educational programs to its employees. The maximum number of scoring points in this category shall be ten points.
(10) Whether applicant has planned and financially-supported community outreach to the City and its residents. This includes, but is not limited to, planned outreach or educational services, charitable or philanthropic activity, community improvement or educational programs, or other factors that will improve the health, safety, and welfare of the City, its residents, and the surrounding area. The maximum number of scoring points in this category shall be fifteen points.
(h) The City may engage professional expert assistance in performing the City's duties and responsibilities under this Section. After the City has processed and scored all eligible applications, the City shall prepare a summary and report listing the overall score and basis for this determination for all eligible applications. The City shall then notify the applicants of the granting or denial of a permit.
(i) Application for operation of a marihuana establishment, or leasing property to a marihuana establishment, constitutes consent by the applicant, and all owners, managers, and employees of the business, and the owner of the property to permit the City Manager or his/her designee to conduct inspections of the marihuana establishment to ensure compliance with this chapter or any other applicable law, rule, or regulation.
(j) If, after preliminary review of the permit application to confirm compliance with applicable laws, rules and regulations and scoring of the applications, in the event of equal scoring applications that exceed the number of available licenses, then there shall be a selection of the application pursuant to a drawing. All names of applicants whose applications have an equal highest score will be entered into a drawing open to the public to be scheduled on the first business day after forty-five days after the deadline for submission of applications.
(k) If selected, the prevailing applicant shall be conditionally approved for a permit and the City shall prepare a conditional approval notice for the purposes of State application requirements. The applicant must then obtain special condition use and site plan approval from the Planning Commission within six months of receiving conditional approval or the approval will expire and the application will be considered withdrawn, although the Planning Commission may grant an extension at its sole discretion for up to an additional six months, so long as the applicant is diligently pursuing special condition use and site plan approval. All permits issued are contingent upon the State of Michigan issuing a license for the operation under State law. A provisional permit does not authorize the applicant to operate a medical marihuana establishment without first obtaining a state operating license for the establishment, and obtaining all other permits, inspections, and approvals required by this chapter and all other applicable provisions of this code. However, the marihuana establishment operation shall commence within one year of the issuance of the special condition use and site plan approval.
(l) An inspection of the proposed marihuana establishment by the City is required prior to the issuance of the City operating permit. Such inspection shall occur after the marihuana establishment is ready for operation, but prior to the stocking of the business with any medical marihuana and prior to the opening of the marihuana establishment or commencement of operations. The City shall verify that the marihuana establishment is constructed and can be operated in accordance with the application submitted and the applicable requirements of this chapter and any other applicable law, rule or regulation.
(m) After verification that the marihuana establishment is constructed and can be operated in accordance with the application submitted and the applicable requirements of this chapter and any other applicable law, rule or regulation, and the issuance of a permanent certificate of occupancy for the marihuana establishment, the City Clerk shall issue a permit for a term of one year. The City-issued permit shall be prominently displayed within the marihuana establishment.
(n) Throughout the application process, and while any granted permit is in force, the applicant or the permit holder shall report any other change in the information provided on the application to the City within ten business days of the change. Failure to do so may result in a withdrawal of City approval.
(Ord. 2022-03. Passed 4-11-22.)