(A) A nonrefundable application fee shall be paid by the applicant for each marijuana establishment or use sought to be licensed under this chapter, in an annual amount not to exceed the state maximum, as set by resolution of the City of Hamtramck Council as part of the annual budget process.
(B) No person shall operate a marijuana establishment in City of Hamtramck without a valid marijuana establishment license issued by the City of Hamtramck pursuant to the provisions of this chapter.
(C) Every applicant for a license to operate a marijuana establishment shall file an application in the City Clerk's office upon a form provided by the City Clerk, which shall be signed and verified under oath by the applicant, if an individual, or by the authorized agent for any firm, partnership, association, corporation, company or organization and shall set forth and/or provide at a minimum, the following information and documentation:
(1) If the applicant is an individual, he/she must provide their: name, address and telephone number;
(2) If the applicant is a partnership, or an employee, it must provide: the name of the organization and each partner, residential and business address and telephone number of each partner and the business;
(3) If the applicant is a corporation, it must provide: the name of the organization, date of organization and certificate of good standing from the state under which the corporation was organized, the names of the principal officers, directors and local representatives of their organization, their residential and business addresses, and telephone numbers;
(4) The length of time for which the right to do business as a marijuana establishment is sought;
(5) A brief description of the product, products or services involved at the marijuana establishment;
(6) The name, address and telephone number of the organization's registered agent or the party that has the full power and authority to accept service of process for and on behalf of applicant in respect to any matters connected with or arising out of the business transacted under said license with full acknowledgment that service on said agent shall be valid when personally served on him/her;
(7) The location and mailing address and all telephone numbers where the marijuana establishment will be located;
(8) The operator of the marijuana establishment shall be required to submit proof, in a form acceptable to the Clerk, of ownership of the property where the marijuana establishment is to be operated. If the location/property/premises of the marijuana establishment to be licensed hereunder is not owned by the operator of the marijuana establishment, the operator shall submit alternate written proof in a form acceptable to the Clerk that the titled owner of the location/property/premises to be licensed has given notarized written consent to the operator to use the premises for the licensed use;
(9) Proof that all fees imposed hereunder have been paid in full and that the applicant is not otherwise indebted to the city or in default of any other provision of the Hamtramck City Code;
(10) A binding release of liability and agreement to hold harmless the City of Hamtramck from any liability arising out of the operation of the marijuana establishment; and
(11) Proof of insurance providing coverage for fire and loss liability and claims arising out of conditions, activities, structures and facilities maintained in relation to the marijuana establishment, in an amount of no less than $1,000,000 umbrella coverage.
(D) Every applicant for a license to operate a marijuana establishment shall submit with the application a photocopy of the applicant's valid and current license issued by the State of Michigan in accordance with the Michigan Medical Marijuana Facilities Licensing Act, M.C.L.A. §§ 333.27101, et seq, or the Michigan Regulation and Taxation of Marijuana Act, M.C.L.A. §§ 333.27951 et seq., if it has been granted.
(E) 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 a sequential application number by establishment type based on the date and time of acceptance. The City Clerk shall notify an application not later than 30 days from the date the application was accepted whether the application is complete, or if more information is required.
(F) Within 90 days from the applicant submitting a completed application, and payment of the application fee, the City Clerk shall approve or deny the provisional marijuana establishment license. The City Clerk shall issue marijuana establishment licenses in order of the sequential application number previously assigned.
(G) A provisional license means only that the applicant has submitted a valid application for a marijuana establishment license, and the applicant shall not locate or operate a marijuana establishment without obtaining all other permits and approvals required by all other applicable ordinances and regulations of the City of Hamtramck. A provisional license will lapse and be void if such permits and approvals are not diligently pursued to completion.
(H) Maintaining a valid marijuana retailer license or medical marijuana provision center license issued by the state is a condition for the issuance and maintenance of a marijuana establishment license under this chapter and continued operation of any marijuana establishment. The operator of the marijuana establishment must comply with all rules and regulations promulgated by the MRA.
(I) A marijuana establishment license issued under this chapter is not transferable.
(J) The City Clerk shall issue a permit to the applicant unless the Clerk finds reason for denial including that the applicant's permit has previously been revoked. The permit shall be for no more than one year in term. The standards for denial of the application by the City Clerk are as follows:
(1) The application is not completely filled out as required by § 121.004(C).
(2) Verification of any of the information required by § 121.004(C) shows the information provided by the applicant to be fraudulent, a misrepresentation, or a false statement.
(3) Failure to pay the nonrefundable application fee.
(4) Notification from the Michigan Marijuana Regulatory Agency that the applicants request for a marijuana establishment license has been denied or revoked by the Agency.
(5) No permit shall be issued to any applicant until such applicant shall have obtained the age of 21 years.
(6) Any other competent, material and substantial evidence indicating the applicant or any of the applicant's proposed employees pose an apparent danger to the health, safety and welfare of the people of the city and/or the activity proposed to be permitted constitutes an apparent danger to the health, safety and welfare of the people of the city.
(Ord. 2021-01, passed 2-9-2021)