(A) The maximum number of each type of cannabis business allowed in the City of Flemingsburg shall be as follows:
(1) Cultivator: one (1).
(a) Cultivator may be a Tier I, Tier II, Tier III, or Tier IV facility as defined by the Kentucky Medical Cannabis Program.
(b) This entity may also obtain a “producer” license through the Commonwealth of Kentucky and operate under this license within the city limits.
(2) Processor: one (1).
(3) Safety compliance facility: one (1).
(4) Dispensary: one (1).
(B) At least every three (3) years after the adoption of this chapter, the Ewing, Flemingsburg, and Fleming County Planning Commission shall review the maximum number of each type of cannabis business allowed and determine whether this maximum number should be changed. This review and finding should be recorded in the minutes of the relevant meeting and submitted to the Flemingsburg City Council for consideration.
(C) A cannabis business operating within the city limits of Flemingsburg, Kentucky shall have a business license. In addition to the usual fee charged for a business license a cannabis business shall pay an annual nonrefundable fee of not more than five thousand dollars ($5,000.00) to help defray the administrative and enforcement costs associated with the operation of a cannabis business. The initial fees shall be set as follows:
(1) Cultivator I: annual fee of one thousand two hundred dollars ($1,200.00).
(2) Cultivator II: annual fee of two thousand five hundred dollars ($2,500.00).
(3) Cultivator III: annual fee of five thousand dollars ($5,000.00).
(4) Cultivator IV: annual fee of five thousand dollars ($5,000.00).
(5) Processor: annual fee of two thousand five hundred dollars ($2,500.00).
(6) Cultivator/producer: annual fee of five thousand dollars ($5,000.00).
(7) Dispensary: annual fee of three thousand dollars ($3,000.00).
(8) Safety compliance facility: annual fee of one thousand two hundred dollars ($1,200.00).
(D) The City Council of the City or Flemingsburg shall review this annual fee at least once every three (3) years to determine if a new fee schedule should be enacted.
(E) No cannabis business shall operate within the City of Flemingsburg without first paying this annual fee.
(F) (1) In addition to the annual, nonrefundable fee, licensed dispensary(s) shall collect a five percent (5%) regulatory fee on the sale of cannabis products and this fee shall be remitted to the City of Flemingsburg.
(2) Regulatory fees shall be paid on or before the twentieth (20th) day or the month for the preceding month.
(G) In accordance with KRS 218B.130 the reasonable established local fees shall be established, assessed, collected, and shared between the city and the county, in a manner to be negotiated between the city and the county.
(H) (1) Nothing in this chapter shall preclude the Fleming County Fiscal Court from assessing an additional reasonable fee on any cannabis business to compensate for any additional corrections impact caused by the approval or cannabis business operations.
(2) This fee may be collected by the City of Flemingsburg and remitted to the county as part of an interlocal agreement.
(Ord. 7-24-1, passed 7-8-24)