(A) Each operator of a medical marijuana facility shall apply for a license with the Inkster City Clerk ("Clerk"). An annual fee schedule for the initial license and annual renewal fees shall be set by City Council and such fees shall be reasonably calculated to reimburse the city for the costs associated with the enforcement of this chapter and the continued regulation of establishments licensed hereunder.
(B) Licenses are non-transferrable and shall only apply to the person/entity listed on the license at the address listed on the application. Licensees in good standing with the city, have no code violations and/or unpaid taxes or fees, are permitted to transfer licenses to new addresses or locations provided all necessary city approvals are obtained prior to requesting the transfer.
(C) Licenses shall expire at the end of each calendar year from the date of issuance.
(D) Applications to renew a license to operate a medical marijuana facility shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee and any other fee(s) required under this chapter. All provisions and requirements of this chapter apply to renewals in the same manner as the original application.
(E) The license requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law.
(F) The issuance of any license pursuant to this chapter does not create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for production, distribution or possession of marijuana, possession of drug paraphernalia or presence in a place where drugs are being used, stored or kept.
(G) Applications for a license required by this chapter shall be made with forms provided by the 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, master driving record and criminal complaint history (CCH). If the individual intends to operate an unincorporated individual proprietorship, they must also obtain a general business license as provided for under the Inkster City Code;
(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, and each partner's CCH and master driving record, along with a copy of the partnership's city of Inkster business license;
(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, a copy of the corporation's City of Inkster business license, the names of the principal officers, directors and local representatives of their organization, their residential and business addresses, telephone numbers, their CCH and master driving record;
(4) The length of time for which the right to do business as a medical marijuana facility is sought;
(5) A recent color photograph of the applicant or the agent for the applicant who is to do the actual assessments and/or certification for the medical marijuana facility. The photograph shall be two inches by two inches showing head and shoulders of applicant or agent and shall be supplied by the applicant or agent;
(6) A brief description of the product, products or services involved at the medical marijuana facility;
(7) 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.
(8) The location and mailing address and all telephone numbers where the medical marijuana facility will be located.
(9) The operator of the medical marijuana facility shall be required to submit proof, in a form acceptable to the Clerk, of ownership of the property where the medical marijuana facility is to be operated. If the location/property/premises of the medical marijuana facility to be licensed hereunder is not owned by the operator of the medical marijuana facility, 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.
(10) A copy of approvals from the City Planning and Building Department including: special conditions use, site plan and building permits.
(11) A copy of the certificate of occupancy from the city for the location of the medical marijuana facility.
(12) 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 Inkster City Code.
(13) A signed release from the applicant permitting the police department to perform a criminal background check to ascertain whether the applicant and operator named on the application have been convicted of a felony.
(14) A binding release of liability and agreement to hold harmless the City of Inkster from any liability arising out of the operation of the medical marijuana facility.
(15) 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 medical marijuana facility, in an amount of no less than one million dollars umbrella coverage.
(16) A copy of the applicant's computerized criminal history (CCH).
(17) A history of the applicant's ordinance and state law license and permit revocation and ordinance violations.
(H) The Clerk may not issue a license under this chapter until the applicant has completed the application, provided all the information and documentation required herein and paid all fees.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)