(A) Application for license. An applicant must submit a signed application, using the city's online portal, to the City Administrator, using the form established by the city. Such application must include:
(1) The legal name of the applicant.
(2) The physical address of the applicant.
(3) The name and date of birth of each principal officer and board member of the applicant entity.
(4) Previous experience operating a legal cannabis establishment, if any.
(5) Summary of operating procedures, including procedures to ensure accurate record keeping, adequate security measures, sufficient fire and building code considerations, and compliance with all other requirements of this chapter.
(6) Confirmation that none of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had governmental license or certification revoked in any jurisdiction.
(7) Confirmation that none of the principal officers or board members is under 21 years of age.
(8) Confirmation that the applicant has conducted a background check into the criminal history of each principal officer, board member, agent, volunteer, or employee involved in the operation at the time of application.
(9) Proof that at least one principal officer is a resident of this state.
(10) Payment of the applicable license.
(11) A copy of the applicant's sales tax license.
(12) Proof that all property taxes, business improvement district taxes, and pending assessments relating to the cannabis establishment location have been paid.
(13) Proof of financial responsibility in the amounts and manner established in this chapter below.
(14) A sworn statement that the application contains no false statements made or omissions of any material matter in any application for a license.
(15) The applicant's notarized signature.
(B) Action by City Commission.
(1) The City Commission will consider a completed application at the next available City Commission meeting following submittal, provided that such application must be submitted at least 15 days in advance of a City Commission meeting. Applications are generally processed on a first come, first served basis except as further provided by this chapter.
(2) The City Commission may approve or deny an application in full or on condition. Such action of the City Commission must take place within 30 days after the application's first presentment to the City Commission.
(3) If approved, the Mayor and City Administrator will endorse the application and notify the applicant of approval within three days of the City Commission's approval. If the Commission imposes any conditions, such conditions shall be listed on the license at the time of issuance. No approved application shall become effective, and no license shall be issued until the applicant provides to the city a copy of the applicant's certificate of registration from the state relating to the cannabis establishment for which the license was approved.
(4) If denied, the City Commission must state the basis on which the application was denied, which may include, but is not limited to the following: incorrect application information, missing required application criteria, insufficient detail in application, nonpayment of any obligation, proposed activity would violate city ordinance (including zoning), proposed activity would violate state law or regulations, no license available due to maximum number already issued, proposed location not zoned properly, proposed location does not comply with an applicable buffer zone, or concerns over potential building, fire, or nuisance code issues.
(C) Renewal process.
(1) A person or entity operating pursuant to a license must apply for renewal of such license at least 45 days but not more than 90 days prior to the expiration of such license using the form provided by the city. Such application must include payment of the renewal application fee.
(2) The City Commission will consider renewal applications using the same factors and timelines applicable to new applications. In addition, the City Commission may consider in approving, denying, or conditionally approving a renewal application, any changed information from prior applications, concerns over actual operations or violations, nonpayment of obligations, or any other information reasonably related to the continued operation of the cannabis establishment.
(3) Preference may be granted to existing license holders based on a dispensary's community involvement, facility upkeep and investment, days and hours of operation, and history of interactions with law enforcement.
(4) The renewal application must specify if any information has changed from its prior application.
(5) The renewal application must be accompanied by all payments relating to the renewal application as well as a copy of the licensee's state certification.
(6) The renewal application must re-confirm or prove all the requirements applicable to new applications remain met.
(7) An applicant is not entitled to renewal of its license, and the license will only be renewed by the City Commission after consideration of the facts and circumstances pertaining to each individual license.
(Ord. 1080-21, passed 10-18-2021)