(A) All applicants for a city medical marijuana facility license shall be pre-qualified by the State of Michigan Cannabis Regulatory Agency and shall provide proof of such approval from the state prior to or upon applying to the city for a city license. The applicant must be the same person who received pre-qualification from the Cannabis Regulatory Agency.
(B) All applicants for a city medical marijuana facility license must provide proof to city of interest in the property which is the proposed location for the marijuana facility, which proof may include, but is not limited to, valid purchase agreement, valid option to purchase, deed or other indicia of a property interest.
(C) On and after December 1, 2024, the city shall accept applications for a city license to operate a medical marijuana facility within the city. Application shall be made on a city form and must be submitted to the City Clerk and/or other designee of the city (hereinafter referred to as the "Clerk."). Once the Clerk receives a complete application including the initial annual medical marijuana facility license fee, the application shall be time and date stamped. All complete applications received on or after December 1, 2024, shall be considered for conditional authorization and/or city licensure.
(D) If an application is incomplete or missing information the City Clerk shall notify the applicant of the incomplete or missing information in writing by electronic mail sent to the address provided for notification by the applicant. The applicant shall have ten business days from the date of mailing by electronic mail of the written notice to provide the incomplete or missing information to the City Clerk. Failure to provide the missing or incomplete information within the time specified may result in denial of the application. Applications with incomplete or missing information shall not be reviewed by city staff or marked complete until all incomplete or missing information is received by the City Clerk and that date will be used to determine the order of review of the application in relation to other applications.
(E) Applications received may be denied by the City Clerk if the applicant fails to provide missing or incomplete information within the time specified in this section.
(F) The City Clerk shall deny an application for any of the following reasons:
(1) The applicant has not been prequalified for a marijuana business license by MR.
(2) The applicant did not pay the required application fee at the time of submission of the application.
(3) The applicant has not provided satisfactory proof that the applicant has or will have lawful possession of the premises proposed for the location of the medical marijuana facility for the period during which the permit will be issued.
(4) The applicant's proposed medical marijuana facility does not comply with the zoning regulations in Chapter 154 Zoning of the City Code.
(5) The City Clerk determines that the applicant has not satisfactorily complied with all permit requirements in this chapter.
(6) The City Clerk determines that the applicant submitted an application containing false, misleading, or fraudulent information, or who intentionally omitted pertinent information on the application for a marijuana business permit.
(7) The applicant is delinquent in the payment of any taxes, fees or other charges owed to or collected by the city.
(G) Notice of denial of an application shall be sent to the applicant in writing by electronic mail to the last known address of the applicant on file with the city. An applicant whose application is denied may appeal denial to the City Council in writing stating the basis for the appeal within ten days of receipt of the notice of denial.
(H) If a conditionally licensed applicant is denied a state operating license, then such conditional license will be canceled by the City Clerk and the conditional license shall be available to the next applicant for the specific type of medical marijuana facility license.
(I) A conditionally licensed applicant shall receive a license from the city to operate the medical marijuana facility within the city upon the applicant providing the Clerk proof that the applicant has received a state operating license for the medial marijuana establishment in the city and the applicant has met all other requirements of this subchapter for the operation of a medical marijuana facility.
(J) If a conditionally licensed applicant fails to obtain a license from the city within one year from the date of conditional license, then such conditional license shall be canceled by the Clerk. The City Council shall have the authority to extend the deadline to obtain a city license for a medical marijuana facility pursuant to § 124.46.
(K) The City Council may approve a license application form, which shall include, but is not limited to, waiver provisions. The application form may include, but is not limited to, a waiver of an applicant's right to bring claims against the city regarding the licensing process and/or other city approval decisions.
(L) A licensee shall not operate a medical marijuana facility at any location in the city other than the address provided in the application to the city.
(Ord. 24-009, passed 10-28-24)