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§ 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)