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(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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