(a) Applications for a City license shall be submitted to the City Clerk on an application form to be provided by the City Clerk accompanied by a non-refundable fee in the amount of $1,000.00 per each license sought. The applicant shall submit one printed and one electronic copy of the completed application and supporting information to the City Clerk. For a co-located facility, an applicant may apply for multiple licenses using one application that explicitly details the operation of the co-located facility. Each license sought will require an additional application fee of $1,000.00 per license.
(b) A complete application shall be made under oath and shall contain all of the following:
(1) The applicants' and any stakeholders' names, dates of birth, mailing address, email address, and phone numbers, including emergency contact information, and a copy of a government-issued photo identification card of the applicant and all stakeholders.
(2) For a privately held corporation, all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
(3) For a partnership or limited liability partnership, all partners and their spouses.
(4) For a limited partnership and a limited liability limited partnership, all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership, and their spouses.
(5) For a limited liability company, all members and managers, not including a member holding direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the company, and their spouses.
(6) If the applicant is not an individual, the articles of incorporation or organization, Internal Revenue Service SS-4 EN confirmation letter, and the operating agreement or bylaws of the applicant, if a limited liability company or corporation.
(7) A copy of the applicant's notice of prequalification status issued by LARA to operate a medical marihuana facility or adult-use marihuana establishment. If the applicant does not have a prequalification from the state, the application will not be processed by the City.
(8) The name and address of the proposed Marihuana Business and any additional contact information deemed necessary by the City Clerk.
(9) For the applicant and every stakeholder, affirmation that each is at least 21 years of age.
(10) Written consent authorizing the City's Public Safety Department to perform a criminal background check to ascertain whether the applicant and stakeholders have any convictions involving dishonesty, theft, fraud, or controlled substances.
(11) The name, date of birth, address, copy of photo identification, and email address for any operator, manager, or employee if other than the applicant.
(12) A complete list of all Marihuana related business permits and licenses held by applicant.
(13) An affirmation whether the applicant or operator has ever had a business license revoked or suspended, and if revoked or suspended, then the reason for such revocation or suspension.
(14) For the applicant or for each stakeholder a resume that includes any prior experience with a Marihuana related business.
(15) A copy of the proposed business plan for the Marihuana Business, which shall include, without limitation, the following:
a. The ownership structure of the business, including percentage ownership of each person or entity; and a written description of the training and education that the applicant will provide to employees of the Marihuana Business; and
b. Financial structure and financing of the proposed Marihuana Business; and
c. An estimate of the number and type of jobs that the Marihuana Business is expected to create, the compensation expected to be paid for such jobs, and the projected annual budget and revenue of the Marihuana Business; and
d. Short and long-term goals and objectives; and
e. If co-location of Marihuana Businesses is proposed, provide an explanation of the integration of such businesses, including a drawing showing the relationship between the businesses being co-located, including floor area and the separation provided between such facilities, including identification of any points of entry, ingress or egress, and controls at each location; and
f. Any community outreach/education plans and strategies; and
g. Any charitable plans and strategies.
(16) One of the following: (a) proof of ownership of the premises wherein the Marihuana Business will be operated; or (b) written consent from the property owner to use the premises for a Marihuana Business requiring licensure under this Chapter, together with a copy of a lease for the premises.
(17) A description of the security plan for the Marihuana Business, including, but not limited to, any lighting, alarms, barriers, recording/monitoring devices, and/or security guard arrangements proposed for the facility and premises. The security plan must contain the specification details of each item of security equipment.
(18) A scaled floor plan of the Marihuana Business, as well as a scale diagram illustrating the property upon which the Marihuana Business will be operated, including all available parking spaces, and specifying which parking spaces, if any, are handicapped-accessible.
(19) Any proposed elevation drawings, and photographs or other depiction of materials to be visible on the exterior of the proposed Marihuana Business.
(20) A sanitation plan designed to protect against any Marihuana being ingested on the premises by any person or animal, indicating how the waste and byproduct will be stored and disposed of, and how any Marihuana will be rendered unusable upon disposal.
(21) An affirmation that neither the applicant nor any stakeholder is in default to the City and that the applicant or stakeholder has not failed to pay any past-due property taxes, special assessments, fines, fee or other financial obligation to the City.
(22) A signed acknowledgment that the applicant is aware and understands that all matters related to Marihuana, growing, cultivation, possession, dispensing, testing, safety compliance, transporting, distribution, and use are currently subject to state and federal laws, rules, and regulations, and that the approval or granting of a license hereunder will not exonerate or excuse the applicant from abiding by the provisions and requirements and penalties associated therewith.
(23) An applicant for a Marihuana Secure Transporter license shall additionally show registration for all commercial motor vehicles that will be used to transport Marihuana product.
(24) Any other information requested by the City Clerk considered to be relevant to the processing or consideration of the application.
(c) Upon receipt of a completed application and application fee, the City Clerk shall refer a copy of the application to appropriate City Departments for their review.
(d) An application shall not be eligible to be considered for approval, until:
(1) The Fire Department and 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 Building Department verifies the proposed location of the Marihuana Business complies with the City's Code of Ordinances.
(3) The Building Department confirms the proposed Marihuana Business meets applicable codes and this Chapter.
(4) The City Treasurer confirms the applicant and each stakeholder and the proposed location of the Marihuana Businesses are not in default to the City.
(5) The Department of Public Safety determines the applicant meets the requirements of this Chapter with respect to the background check and security plan.
(Res. 2020-253A. Passed 9-8-20.)