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(A) The Clerk shall issue a license hereunder to the applicant unless the Clerk finds a reason for denial, as stated in division (C), below. The license shall be for no more than one year in length.
(B) In the event a licensee does not commence operations within 180 days after being issued a license, the license shall be deemed forfeited and the business may not commence operations.
(C) There shall not be more than three provisioning center licenses issued by the city at any given time.
(D) The standards for denial of a license are as follows:
(1) The application is not completely filled out or information is not provided as required by the prior sections herein.
(2) The applicant's CCH shows a conviction or convictions for activities that pose a threat or a danger to the residents of the city should a license be granted including, but not limited to: drunk driving, disturbing the peace, assault and battery, domestic violence, theft, dishonesty or deception, fraud, criminal sexual conduct, felonious assault, murder, and violations of the Controlled Substance Act.
(3) Verification of any of the information required by § 124.03 shows the information provided by the applicant to be fraudulent, a misrepresentation, or a false statement.
(4) An investigation through the City Police Department or any other law enforcement agency that shows a pattern and history of conduct which would justify a revocation of the applicant's permit under § 124.08.
(5) The applicant or any of the proposed employees/partners/members of the applicant have a habitual history of business license/permit violations, revocations, or a habitual history of ordinance violations.
(6) Failure to pay the nonrefundable licensing application fee herein or the application fee.
(7) No license shall be issued to any applicant until such applicant shall have obtained the age of 21 years.
(8) The applicant's medical marijuana facility license has previously been revoked.
(9) The building/premises where the medical marijuana facility is to be located is in violation of any city building, fire, electrical or health codes.
(10) The applicant and/or business has outstanding taxes, fines, fees or liens owed to the city.
(11) Failure to comply with the Inkster Zoning Ordinance or any other Inkster City Codes.
(12) Any other competent, material and substantial evidence indicating the applicant or any of the applicant's proposed employees/partners/members 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.
(13) The designated maximum number of licenses have already been granted by the city.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)
(A) Any applicant for a license to operate a medical marijuana facility under this chapter may appeal the clerk's denial of the license to the Mayor, provided however that:
(1) The applicant has paid all permitting, licensing and application fees related to the operation of a medical marijuana facility pursuant to § 124.07, below;
(2) Within seven days of the applicant's receipt of the Clerk's denial, the applicant made a written objection of the Clerk's denial to the Mayor that;
(a) Has a valid and verifiable date of service of process;
(b) Sets forth with particularity the grounds on which the objection is based;
(c) Seeks consideration of the appeal to the Mayor.
(B) Should the Mayor deny the applicant's appeal, the applicant my appeal to the City Council and the Council shall:
(1) Allow the applicant or its representative an opportunity to speak and present any affidavits and documentary evidence in support of the appeal so long as the presentation shall be reasonably limited in time;
(2) Sustain the Clerk's determination unless it finds the Clerk's denial of the license to have been an abuse of discretion hereunder;
(3) Issue a formal written Resolution deciding the appeal within 30 days of the hearing set forth herein;
(C) The Mayor shall preside over any appellate hearing and employ a relaxed evidentiary standard for the admission of evidence.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)
The city shall assess fees as follows:
(A) Each applicant for a license to operate a medical marijuana facility shall pay an application fee which shall be fixed annually by resolution of the Inkster City Council as part of its statutory budgeting process and at such other times as the City Council, in its discretion and by resolution, believes is necessary to defray the costs associated with the licensing regulation and enforcement activities contemplated hereunder.
(B) In addition and the same manner, Inkster City Council shall impose an annual licensing fee by resolution as part of its statutory budgeting process and at such other times as the City Council, in its discretion and by resolution, believes is necessary to defray the costs associated with the licensing regulation and enforcement activities contemplated hereunder.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)
The operation of a medical marijuana facility shall be a revocable privilege and not a right in the city; the city may choose not to renew or to revoke a license based on any of the following:
(A) Failure to meet or maintain the conditions and requirements established by this chapter or any related provisions of Inkster City Code or state, federal or local laws;
(B) One or more violations of any city ordinance on the premises;
(C) Nuisance or blight violations on the premises;
(D) A demonstrated history of excessive calls for public safety (police, fire, and EMS) originating from the premises, being three or more calls in any 30-day period; or
(E) Nonpayment or real or personal property taxes, fines, fees or liens owed to the city;
(F) Any fraud, misrepresentation, or false statement contained in the application for a license;
(G) Any fraud misrepresentation, or false statement made in connection with services and/or merchandise;
(H) Conviction of the licensee of a felony;
(I) Conducting business in an unlawful manner or in such a manner as to constitute a breach of peace.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)
Any marijuana or drug paraphernalia used, sold or possessed with intent to sell in violation of this chapter shall be seized and forfeited to the City of Inkster along with any proceeds received from any such illegal sales.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)
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