In addition to the business registration fee, there is imposed a zoning permit. Any person seeking to operate a cannabis establishment in the city may obtain a cannabis permit under the following conditions:
A. The permit shall be obtained from the community service department.
B. The cost of the permit shall be $250.00 for the initial permit, and $100.00 for annual renewal of the permit. The annual renewal date shall coincide with business registration. Fee shall not be prorated.
C. The community service department zoning coordinator shall require the following information from the applicant:
1. The name, address and business organization of the applicant and location the applicant intends to transact business, as well as the specific business to be transacted.
2. Site plan or premises diagram
3. If the applicant is an individual, the residence address of the applicant as well as the applicant's birthdate and social security number.
4. If the applicant is a partnership, the names, residence addresses, birthdates, and social security number of all partners.
5. If the applicant is a limited liability company, the state of organization, address of the resident agent in New Mexico sufficient for service of process, the name of the managing member together with residence address, birthdate, and social security number and the name, residence address, birthdate and social security number of each member of the company.
6. If the applicant is a corporation, the state of corporation, the name and address of the registered agent in New Mexico sufficient for service of process, the name, residence, birthdate, and social security number of each officer or director of the corporation.
7. Prior to the issuance of a permit, any limited liability company or corporation shall provide a certificate of good standing.
8. The applicant shall provide federal and state tax identification numbers.
D. Prior to issuance of a permit or annual renewal the code enforcement officer shall inspect for compliance of all applicable city codes.
E. Prior to issuance or annual renewal of a permit the fire marshal or designee shall inspect for compliance with fire codes.
F. A temporary permit may be issued for state licensing purposes as long as all requirements of this section are met. A final permit shall be issued upon proof of a provisional license issued by the New Mexico cannabis control division.
G. No permit shall issue to a mobile, temporary or portable building.
H. No permit shall issue to a drive-through cannabis establishment.
I. Failure to meet the conditions above will result in a non-issuance of a permit.
1. If a denial of an application for a new permit or renewal is deemed necessary by the community service planning zoning coordinator, written notice of the decision shall be provided to the applicant.
2. Any person or entity denied a permit may, within ten (10) days of the receipt of a notice of denial, file an appeal with the city commission. The notice of the appeal shall be delivered to the city manager and a hearing shall be scheduled within thirty (30) days of receipt of the notice. The commission shall make a written findings of fact and conclusions of law supporting its decision.
3. Operation of cannabis establishment without a permit is a violation of this chapter.
(Ord. 588 (part), 2022)