(a) No person or entity shall operate a medicinal cannabis business at any location in Lexington-Fayette County unless that entity first possesses a valid business license and the required special fees license(s) for each type of medicinal cannabis business operating at that location, as provided in section 13-13 of the Code and further specified in section 13-85 through 13-89 of this article.
(b) The Director is authorized to promulgate such forms and implement procedures as reasonably necessary and consistent with state law and this article for the orderly and efficient processing of medicinal cannabis business special fees license applications and renewals. Provided, however, that an applicant shall be required to provide the following information as part of its application for the initial special fees license and each renewal:
(1) Address of each proposed medicinal cannabis business;
(2) Identification of each type of proposed medicinal cannabis business operating at that location (cultivator, dispensary, producer, processor, safety compliance facility);
(3) Name, address, phone number, and email address of the applicant;
(4) Name, address, phone number, and email address of the operator, if different from the applicant;
(5) Sufficient evidence that the location of the proposed medicinal cannabis business is not within one thousand (1,000) feet of an existing child-care center, as defined by KRS 199.894(3), family child-care home, as defined in KRS 199.894(5), or a registered childcare provider in the child care assistance program, as regulated by 922 KAR 2:180;
(6) A zoning compliance permit issued by the division of planning;
(7) An affidavit confirming that the applicant complies and shall continue to comply with all aspects of the applicable building codes, fire codes, and all other applicable state and local laws or regulations.
(c) All applications for a special fees license and renewal shall be accompanied by the fee referenced in section 13-13 of the Code for medicinal cannabis business special fees license and shall be conditioned upon issuance of a valid license issued by the appropriate cabinet pursuant to KRS Ch. 218B, as may be amended.
(d) The operator of the medicinal cannabis business may apply on behalf of the owner of the medicinal cannabis business, with the express written permission of the owner.
(e) All medicinal cannabis business special fees licenses and renewals shall expire upon the earlier of (1) December 31 following the most recent application or renewal; (2) the revocation of any licenses or permits issued by the Commonwealth of Kentucky authorizing the entity to operate the medicinal cannabis business.
(f) The director may refuse to issue a license or renew the license of an existing medicinal cannabis business in the following circumstances:
(1) When the applicant intentionally or knowingly makes a false statement as to a material matter in an application;
(2) When the applicant fails to complete any part of the application;
(3) When the licensee has failed to pay any fee, tax, fine, or penalty related to a violation of this article;
(4) When the medicinal cannabis business is subject to unsatisfied penalties, fines, or liens assessed or levied by the government, for any reason;
(5) When the applicant of the medicinal cannabis business cannot provide sufficient evidence that its proposed location is more than one thousand (1,000) feet from an existing child-care center, as defined by KRS 199.894(3), family child-care home, as defined in KRS 199.894(5), or a registered childcare provider in the child care assistance program, as regulated by 922 KAR 2:180;
(6) When the operator of the medicinal cannabis business fails to comply with any applicable state or local law or regulation, including, without limitation, mandatory zoning, building, safety, maintenance, health, sanitation, fire, electrical, plumbing, and mechanical codes.
(g) The director may revoke the special fees license held by any licensee of any medicinal cannabis business for any of the following reasons:
(1) When any one of the circumstances provided in subsection (f), above, occurs; or
(2) When the licensee has been found to be in violation of this article two (2) or more times during the relevant license term.
A licensee whose special fees license is revoked is not eligible to apply for another medicinal cannabis business special fees license at the location for which the special fees license was revoked for a period of one (1) year.
(h) Relevant divisions and departments with necessary information for the director to perform his or her responsibilities under this article should provide such information to the director at his or her request. Members of the public may also provide complaints and relevant evidence indicating violation of this article to the director.
(Ord. No. 062-2024, § 2, 6-27-24)