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(A) Pursuant to the MMFLA and the MRTMA, the City of the Village of Douglas authorizes the operation of the following facilities in the city, provided they possess a state license or licenses and they comply with the additional requirements of this chapter, Chapter 153 (Zoning Ordinance), and all other applicable laws and ordinances:
(1) Secure transporter; and
(2) Provisioning center/retailer (marihuana facility).
(B) Applications for a city permit shall be submitted to the City's Clerk on an application form to be provided by the city.
(C) At the time of application submission, each applicant shall pay the nonrefundable application fee as established by Council resolution. The fee will not exceed the state maximum per each license sought. For a co-located facility, an applicant may apply for multiple licenses using one permit application that explicitly details the operation of the co-located facility. Each city permit sought will require an additional application fee per permit. For purposes of this chapter, a permit issued for a facility at the location indicated in the application form authorizes the operation of the facility in compliance with the MMFLA, the MRTMA or both, as applicable.
(D) Upon receipt of a completed application and furnishing of all required information and documentation, the City Clerk shall accept the application for review and consideration and assign it an application number by facility type and date it. No application will be accepted until it is determined to be complete.
(E) Upon receipt of a completed application that has been assigned an application number, the City Clerk may circulate the application to all affected department heads of the city or their designees to determine whether the application and premises is in compliance with all applicable laws, rules and regulations.
(F) If the City Clerk identifies a deficiency in an application, the applicant shall have 15 business days to correct the deficiency after notification by the City Clerk. If the correction has not been acted upon by the sixteenth day, the application will be considered withdrawn.
(G) Throughout the application process, and while any granted marihuana permit is in force, the applicant or the marihuana permit holder shall report any other change in the information provided on the application to the city within ten days of the change.
(H) The City Clerk shall act to approve or deny an application not later than 15 business days from the date the City Clerk accepts the application as complete.
(1) If the application is approved, the City Clerk shall issue the applicant a marihuana facility permit.
(2) If the application is denied, the City Clerk shall issue a written notice of denial to the applicant and mail the same by first class mail to the address for the applicant provided in the application.
(3) Denial of license; appeal process. Any person whose application for a license has been denied shall have the right to petition the City Council for an appeal. Within 60 days of receipt of a petition for appeal, the City Council shall set a date for a public hearing. The City Clerk shall send by certified mail notice of the date, time and location of the public hearing to the applicant at the address shown on the petition for appeal, at least seven days prior to the public hearing date. At the public hearing, the applicant shall have the right to appear and present evidence in support of the application. Within 60 days after the public hearing, the City Council shall submit to the applicant its written determination regarding the appeal. The City Council determination shall be based upon competent, material and substantial evidence.
(I) A permit issued under this chapter shall be valid for one year after the date of issuance by the City Clerk. To renew an existing permit, the permittee shall submit an application in the same manner as is required to apply for a new permit no sooner than 90 days before the permit expiration date and no later than 60 days before the permit expiration date.
(J) The permit requirement in this chapter shall be in addition to any other requirements imposed by any other state or local law, including but not limited to state or local laws applicable to building, construction, or commercial entities performing functions similar to the functions performed by marihuana facilities.
(K) The issuance of any permit pursuant to this chapter does not create an exception, defense or immunity to any person with regard to any potential criminal or civil liability the person may have under any federal or state law or city ordinance.
(Ord. 01-2020, passed 2-17-2020)