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§ 114.05 PERMIT APPLICATIONS.
   (A)   Any person seeking to operate a medical marihuana provisioning center or marihuana retailer shall file a permit application with the Clerk upon a form provided by the village. The application shall include the following information:
      (1)   The full name, date of birth, physical address, email address, and telephone number of the applicant in the case of an individual, or, in the case of an entity, all stakeholders thereof;
      (2)   If the applicant is an entity, the entity's articles of incorporation or organizational documents.
      (3)   If the applicant is an entity, the entity's employer identification number;
      (4)   If the applicant is an entity, the entity's operating agreement or bylaws;
      (5)   A proposed marketing, advertising, and business promotion plan for the proposed medical marihuana provisioning center or marihuana retailer;
      (6)   A description of planned tangible capital investment in the village;
      (7)   An explanation of the economic benefits to the village and job creation to be achieved, including the number and type of jobs the medical marihuana provisioning center or marihuana retailer is expected to create, the amount and type of compensation expected to be paid for such jobs, and the projected annual budget and revenue of the medical marihuana provisioning center or marihuana retailer;
      (8)   A description of the financial structure and financing for the proposed medical marihuana provisioning center or marihuana retailer;
      (9)   Short-term and long-term business goals and objectives for the proposed medical marihuana provisioning center or marihuana retailer;
      (10)   A criminal background report of the applicant's criminal history. Such reports shall be obtained by the applicant through the Internet Criminal History Access Tool (ICHAT) for applicants residing in Michigan and/or through another state sponsored or authorized criminal history access source for applicants who reside in other states or have resided in other states within five years prior to the date of the application. The applicant is responsible for all charges incurred in requesting and receiving the criminal history report and the report must be dated within 30 days of the date of the application;
      (11)   A description of proposed community outreach and education strategies;
      (12)   A description of proposed charitable plans, whether through financial donations or volunteer work;
      (13)   A description of the security plan for the proposed medical marihuana provisioning center or marihuana retailer that is consistent with the requirements of the department;
      (14)   A floor plan of the proposed medical marihuana provisioning center or marihuana retailer;
      (15)   A scale diagram illustrating the property upon which the proposed medical marihuana provisioning center or marihuana retailer is to be operated, including all available parking spaces, and specifying which parking spaces are handicapped-accessible;
      (16)   A depiction of any proposed text or graphic materials to be shown on the exterior of the proposed medical marihuana provisioning center or marihuana retailer;
      (17)   An affidavit that neither the applicant nor any stakeholder of the applicant is in default to the village for any fees or taxes;
      (18)   Proof of premises liability and casualty insurance consistent with the requirements of the Department;
      (19)   A location area map that identifies the relative locations of, and distances from, the nearest school, church, park, Village Single Family Residential Zoning District, Lake Single Family Residential Zoning District, or Multiple Family Residential Zoning District, and computed by measuring a straight line from the nearest property line of the parcel used for the purposes stated in this subsection to the nearest property line of the parcel to be used as a medical marihuana provisioning center or marihuana retailer.
   (B)   Except as provided by law, all materials submitted to the village as part of an application shall be exempt from disclosure under the Freedom of Information Act.
(Ord. 13.03, passed 11-3-20)
§ 114.06 APPLICATION FEE.
   An application for a permit shall be accompanied by an application fee to help defray administrative and enforcement costs associated with the operation of the medical marihuana provisioning center or marihuana retailer, which shall be set by resolution of the Council, but shall not exceed $5,000.
(Ord. 13.03, passed 11-3-20)
§ 114.07 APPLICATION REVIEW.
   (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)
§ 114.08 PERMIT REQUIREMENTS.
   A medical marihuana provisioning center or marihuana retailer permit issued under this chapter shall be subject to the following conditions:
   (A)   Compliance with the requirements of this chapter, other applicable village ordinances and codes, and applicable state laws;
   (B)   For a medical marihuana provisioning center, compliance with the provisions of the MMFLA and any rules promulgated thereunder;
   (C)   For a marihuana retailer, compliance with the provisions of the MRTMA and any rules promulgated thereunder;
   (D)   Medical marihuana provisioning centers and marihuana retailers shall not operate and be open to the public before 9:00 a.m. or after 9:00 p.m. daily;
   (E)   Signs displayed on the exterior and interior of any medical marihuana provisioning center or marihuana retailer shall conform to village ordinance requirements. No signs shall contain the words "marihuana, "marijuana," or "cannabis," nor shall any sign contain marihuana leaves, or green crosses;
   (F)   Operation of a marihuana facility or marihuana establishment shall not cause or create, directly or indirectly, any noise, dust, vibration, glare, fumes, or odors constituting a nuisance and which are detectable to normal human senses beyond the boundaries of the property on which the marihuana facility or marihuana establishment is operated.
   (G)   A permit that is issued under this chapter shall be posted at all times inside the medical marihuana provisioning center or marihuana retailer in a conspicuous location near the entrance.
(Ord. 13.03, passed 11-3-20)
§ 114.09 TRANSFER OF PERMITS.
   (A)   Permittees may transfer a permit issued under this chapter to a different location upon receiving written approval from the Clerk and the Department pursuant to the MMFLA or MRTMA and rules promulgated by the Department. In order to request municipal approval to transfer a permit location, the permittee must make a written request to the Clerk, indicating the current location of the medical marihuana provisioning center or marihuana retailer and the proposed new location. Upon receiving the written request, the Clerk shall refer a copy of the written request to the Village Fire Department and the Village Planner. No permit transfer shall be approved unless each such department or entity gives written approval that the proposed permit location meets the standards identified in this chapter and the department or board approves the transfer.
   (B)   Permittees may transfer a permit issued under this chapter to a different individual or entity upon receiving written approval from the Clerk and the Department pursuant to the MMFLA or MRTMA and rules promulgated by the Department. For purposes of this division, a change in, transfer of, or acquisition of control of the permittee is considered to be a transfer. In order to request municipal approval to transfer a permit to a different individual or entity, the permittee must make a written request to the Clerk, indicating the current permittee and the proposed permittee. The Clerk shall grant the request so long as the Department authorizes the transfer pursuant to the MMFLA or MRTMA and rules promulgated by the Department.
(Ord. 13.03, passed 11-3-20)
§ 114.10 TERM OF PERMITS.
   Approval of a permit shall be for a period of one calendar year from the date of issuance subject to review by the Clerk upon continued compliance with the regulations of this chapter.
(Ord. 13.03, passed 11-3-20)
§ 114.11 ANNUAL PERMIT RENEWAL.
   (A)   Application for a permit renewal shall be made in writing to the Clerk at least 30 days prior to the expiration of an existing permit.
   (B)   An application for a permit renewal required by this chapter shall be made under oath on forms provided by the Clerk, and shall contain all of the information required in an initial application.
   (C)   An application for a permit renewal shall be accompanied by a renewal fee to help defray administrative and enforcement costs associated with the operation of the medical marihuana provisioning center or marihuana retailer, which shall be set by resolution of the Council, but shall not exceed $5,000.
   (D)   Upon receipt of a completed application for a permit renewal meeting the requirements of this chapter and the permit renewal fee, the Clerk shall refer a copy of the renewal application to the Village Fire Department and the Building Department.
   (E)   No application for a permit renewal shall be approved unless:
      (1)   The Village Fire Department and the Building Department or another relevant department have, within the past calendar year, inspected the location for compliance with all state and local building, electrical, fire, mechanical and plumbing requirements;
      (2)   The Village Planner or another relevant department has confirmed that the location complied with the Lake Orion Zoning Ordinance at the time the permit was granted;
      (3)   The permittee possesses the necessary state licenses or approvals, including those issued pursuant to the MMFLA or MRTMA;
      (4)   The permittee has operated the medical marihuana provisioning center or marihuana retailer in accordance with the conditions and requirements of this chapter;
      (5)   The permittee is operating the medical marihuana provisioning center or marihuana retailer in accordance with MMFLA or MRTMA.
   (F)   If written approval is given by each department or entity identified in this section, the Clerk shall issue a permit renewal to the permittee. The renewal shall be deemed approved if the village has not issued formal notice of denial within 60 days of the filing date of the application.
(Ord. 13.03, passed 11-3-20)
§ 114.12 REVOCATION OR SUSPENSION OF A PERMIT.
   Each medical marihuana provisioning center or marihuana retailer within the village for which a permit is granted shall be operated and maintained in accordance with all applicable laws, rules, and regulations. Upon any violation of this section or any section of this chapter, the Clerk may, after a notice and hearing, revoke or suspend such permit as hereinafter provided.
(Ord. 13.03, passed 11-3-20)
§ 114.13 PROCEDURE FOR NONRENEWAL, SUSPENSION, OR REVOCATION OF PERMIT.
   The Clerk shall notify an applicant or permittee of the reasons for denial of an application for a permit or permit renewal or for revocation of a permit or any adverse decision under this chapter and provide the applicant or permittee with the opportunity to be heard. Any applicant or permittee aggrieved by the denial or revocation of a permit or adverse decision under this chapter may appeal to the Clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the Clerk. Such appeal shall be taken by filing with the Clerk, within 14 days after notice of the action complained of has been mailed to the applicant or permittee's last known address on the records of the Clerk, a written statement setting forth fully the grounds for the appeal. The Clerk shall review the report and recommendation of the hearing officer and make a decision on the matter. The Clerk's decision may be further appealed to the Council if applied for in writing to the Council no later than 30 days after the Clerk's decision. The review on appeal of a denial or revocation or adverse action shall be by the Council pursuant to this chapter. Any decision by the Council on an appeal shall be final for purposes of judicial review. The Clerk may engage professional experts to assist with the proceedings under this section.
(Ord. 13.03, passed 11-3-20)
§ 114.14 CRITERIA FOR NONRENEWAL, SUSPENSION, OR REVOCATION OF PERMIT.
   In addition to any other reasons set forth in this chapter, the village may refuse to issue a permit or grant renewal of the permit or suspend or revoke the permit for any of the following reasons:
   (A)    A material violation of any provision of this chapter.
   (B)    Any conviction of a disqualifying felony by the permittee or any stakeholder of the permittee that would disqualify that person from obtaining a state license under the MMFLA or MRTMA.
   (C)    Failure of the permittee to obtain or maintain a license from the state pursuant to section 14 of the MMFLA or MRTMA.
(Ord. 13.03, passed 11-3-20)
§ 114.99 PENALTY.
   Any person who violates this chapter shall be responsible for a municipal civil infraction as defined in § 10.99.
(Ord. 13.03, passed 11-3-20)