(A) After the effective date of this section, the Clerk shall begin accepting applications for medical marihuana provisioning centers and marihuana retailers within 45 days. The Clerk must set a 30 day application period during which applicants may apply for a permit to operate a medical marihuana provisioning center or marihuana retailer.
(B) The Clerk shall review each application to ensure that it is complete, that the information required by this chapter has been submitted, and that the application fee has been paid. The Clerk may reject any application that is not complete and may deny an application for failure to pay the application fee.
(C) Upon receipt of a completed application meeting the requirements of this chapter and the appropriate permit application fee, the Clerk shall refer a copy of the application to each of the following for their approval: the Village Fire Department, the Building Department, the Village Planner, and the Treasurer.
(D) No application shall be approved unless:
(1) The Village Fire Department and the Building Department have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with the requirements of this chapter;
(2) The Village Planner has confirmed that the proposed location complies with the Lake Orion Zoning Ordinance and this chapter;
(3) The Treasurer has confirmed that the applicant and each stakeholder of the applicant are not in default to the village.
(E) The Clerk shall assess, evaluate, score and rank all applications for permits to operate a medical marihuana provisioning center or marihuana retailer submitted during the 30 day application period set forth in this chapter.
(F) In its application assessment, evaluation, scoring, ranking, and deliberations related to permits to operate a medical marihuana provisioning center or a marihuana retailer, the Clerk shall assess, evaluate, score, and rank each application based upon a scoring and ranking procedure developed by the Clerk consistent with the requirements, conditions, and provisions of this chapter in each of the following categories:
(1) Whether the proposed medical marihuana provisioning center or marihuana retailer will be consistent with land use for the surrounding neighborhood and not have a detrimental effect on traffic patterns and resident safety. The maximum number of scoring points in this category shall be ten points;
(2) Planned outreach on behalf of the proposed medical marihuana provisioning center or marihuana retailer, and whether the applicant or its stakeholders have made, or plan to make, significant physical improvements to the building housing the medical marihuana provisioning center or marihuana retailer, including plans to eliminate or minimize traffic, noise, and odor effects on the surrounding neighborhood. The maximum number of scoring points in this category shall be ten points;
(3) Whether the applicant has reasonably and tangibly demonstrated it possesses sufficient financial resources to fund, and the requisite business experience to execute, the submitted business plan and other plans required by this chapter. The maximum number of scoring points in this category shall be 15 points;
(4) Whether the applicant has applied for and proposes to co-locate a medical marihuana provisioning center and marihuana retailer. The maximum number of scoring points in this category shall be 20 points;
(5) Whether adequate off-street parking is provided by the applicant. The maximum number of scoring points in this category shall be ten points;
(6) Whether the proposed facility will have a detrimental impact on children and areas where children congregate in the village or surrounding region, as judged by the proximity of the proposed medical marihuana provisioning center or marihuana retailer to other structures or properties, including any parcel upon which is located an existing school, church, and park, or any parcel located within an RV, RL, or RM Residential Zoning District. This division shall apply if the school, church, park, or Residential Zoning Districts RV, RL, and RM are located within the village. Such distance between the school, church, or park, or Residential Zoning Districts RV, RL, and RM, and the contemplated location shall be computed by measuring a straight line from the nearest property line of the parcel used for the purposes stated in this division to the nearest property line of the parcel to be used as a medical marihuana provisioning center or marihuana retailer. The maximum number of scoring points in this category shall be 20 points, with the maximum points being awarded if the proposed medical marihuana provisioning center or marihuana retailer will be located more than 50% further than the applicable distances provided under § 114.03;
(7) Whether the applicant has demonstrated an economic commitment to the village by a proposal to create no less than five full-time jobs and proposes a living wage to all employees. The maximum number of scoring points in this category shall be 15 points and shall be awarded based upon the number of jobs proposed and the pay structure proposed by the applicant;
(G) Overall scoring and ranking shall be conducted and applied by the Clerk on the basis of assigned points from zero points to 100 points with the lowest overall total score as zero points and the highest possible total score being 100 points.
(H) The Clerk shall award permits to the two highest scoring applicants. In the event of an evaluation scoring tie that causes there to be more than two applicants who achieve scores sufficient to qualify for a permit, the scoring-tied applicants will be entered into a random draw. Those applications randomly selected shall be eligible to receive a permit to operate a medical marihuana provisioning center or a marihuana retailer, as applicable. If, after awarding the first two permits to the highest scoring applicants, additional permits may be issued for one or more of the same locations in accordance with § 114.04(A) of this chapter, the Clerk shall award such other permits to eligible applicants. In the event that the number of medical marihuana provisioning center and/or marihuana retailer permits initially awarded is less than the maximum number authorized under this chapter or subsequently falls below the maximum number authorized under this chapter, the Clerk shall not be required to score applicants. Instead, the Clerk shall evaluate applications in the order that they are submitted and shall award permits for medical marihuana provisioning centers and/or marihuana retailers to an applicant who submits a complete application, receives the approvals required in this chapter, and otherwise meets the requirements of this chapter. However, in no event shall the number of medical marihuana provisioning center or marihuana retailer permits exceed the maximum number authorized under § 114.04 of this chapter.
(I) The Clerk shall award permits to operate a marihuana retailer to the two highest scoring marihuana retailer applicants. In the event of an evaluation scoring tie, which causes there to be more than two applicants who achieve scores sufficient to qualify for a marihuana retailer permit, the scoring-tied applicants will be entered into a random draw. Those applications randomly selected shall be eligible to receive a permit to operate a marihuana retailer. In the event that the number of marihuana retailer permits initially awarded is less than the maximum number authorized under this chapter or subsequently falls below the maximum number authorized under this chapter, the Clerk shall not be required to score applicants. Instead, the Clerk shall evaluate applications in the order that they are submitted and shall award permits for marihuana retailers to an applicant who submits a complete application, receives the approvals required in this chapter, and meets the requirements of this chapter. However, in no event shall the number of marihuana retailer permits exceed the maximum number authorized under this chapter.
(J) Nothing in this chapter is intended to confer a property or other right, duty, privilege or interest in a permit of any kind or nature whatsoever including, but not limited to, any claim of entitlement.
(K) The Clerk may engage professional expert assistance in performing the Clerk's duties and responsibilities under this chapter.
(Ord. 13.03, passed 11-3-20)