(A) No person shall operate a marihuana facility in the village without a valid village operating license issued by the village pursuant to the provisions of this chapter.
(B) Every applicant for a license to operate a marihuana facility shall file an application in the Village Manager's office upon a form provided by the village. The application shall contain the following information.
(1) The appropriate non-refundable permit application fee in the amount determined by the village;
(2) If the applicant is an individual, the applicant's name, date of birth, SSN, physical address including residential and any business address(s) attached to the individual, copy of government issued photo identification, email address, and 1 or more phone numbers, including emergency contact information, and if applicable Federal EIN;
(3) If the applicant is not an individual, the names, date of birth, SSN's, physical addresses, including residential and any business address(s), copy of government issued photo identification, email addresses, and one or more phone numbers of each stakeholder and/or general partners of the applicant, including designation of the highest ranking stakeholder and/or general partner as an emergency contact person and contain information for the emergency contact person, articles of incorporation, assumed name registration documents, Internal Revenue Service SS-4, EIN confirmation letter(s), and a copy of the operating agreement of the applicant, if a limited liability company, copy of the partnership agreement, if a partnership, or a copy of the by-laws or shareholder agreement, if a corporation;
(4) The name and address of the proposed medical marihuana facility and any additional contact information deemed necessary and requested by the village;
(5) One of the following: (a) proof of ownership of the entire premises wherein the medical marihuana facility is to be operated; or (b) written consent from the property owner for use of the premises in a manner requiring a permit under this chapter along with a copy of the lease for the premises;
(6) A copy of applicant's application for a state operating license under M.C.L.A. § 333.27401;
(C) Every applicant for a village operating license 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 Medical Marihuana Facilities Licensing Act, being M.C.L.A. §§ 333.27101 et seq.
(D) Upon an applicant's completion of the above-provided form and furnishing of all required information and documentation, the Village Manager or zoning administrator shall accept the application and assign it a sequential application number by facility type based on the date and time of acceptance. False information on an application is cause for the board to deny a license. The Village Manager or zoning administrator shall not consider an incomplete application but shall, within a reasonable time, return the application to the applicant with notification of the deficiency and instructions for submitting a corrected application. The Village Manager or zoning administrator shall act to approve or deny an application not later than 30 days from the date the application was accepted. If approved, the Village Manager or zoning administrator shall issue the applicant a provisional license.
(E) A provisional license means only that the applicant has submitted a valid application for a village operating license, and the applicant shall not locate or operate a marihuana facility without obtaining all other permits and approvals required by all other applicable ordinances and regulations of the village. A provisional license will lapse and be void if such permits and approvals are not diligently pursued to completion.
(F) Within 30 days from the applicant submitting proof of obtaining all other required permits and approvals and payment of the license fee, the Village Manager or zoning administrator shall approve or deny the village operating license. The Village Manager or zoning administrator shall issue village operating licenses in order of the sequential application number previously assigned.
(G) Maintaining a valid state operating license issued by the state is a condition for the issuance and maintenance of a village operating license under this chapter and continued operation of any marihuana facility. A marihuana facility and/or holder of a state operating license must also comply with all other applicable laws, rules or regulations. In addition to this chapter, a marihuana facility and/or holder of a state operating license must comply with all other lawful requirements under the Code of Ordinances of the Village of Kingsley.
(H) A village operating license issued under this chapter is not transferable.
(I) The recipient of a village operating license must apply for a special use permit no later than 2 months after receiving the village operating license and proceed diligently to obtain the special use permit and site plan approval or the village operating license will expire. This time limitation may upon written request be extended by the Village Council if it is demonstrated to the Village Council's reasonable satisfaction the recipient of a village operating license is proceeding in good faith and that there is a strong likelihood that the recipient will obtain the special use permit and site plan approval in due course.
(Ord. 2017-03, passed 11-13-2017)