797.11 APPLICATION REQUIREMENTS.

   (a)   An application, verified by oath or affirmation, must be submitted for the cultivator or processor to ensure compliance with this Code. The application must contain the following items:

      (1)   The applicant's name, address, telephone number and social security number;

      (2)   The street address, and unit number, if applicable, of the proposed cultivation or processing site, and a complete description of the site for which the license is being obtained;

      (3)   If the applicant is not the owner of the proposed location of the cultivation site, a notarized statement from the owner of such property authorizing the submission of the application;

      (4)   A deed, lease, or other contractual document showing that the applicant has a right of possession of the proposed location for the cultivation and processing site for the full duration of the license period;

      (5)   A completed set of the applicant's fingerprints;

      (6)   An acknowledgement that the City will conduct a background investigation;

      (7)   A business plan, which shall include:

         A.   A description of proposed security provisions and systems;

         B.   Proposed hours of operation;

         C.   A lighting plan (interior and exterior);

         D.   Plans and specifications for the interior if the building is already in existence, or a plot plan and detailed sketch for the interior and architect's drawing of the building to be constructed;

         E.   A plan for the legal disposal of any unused and unmarketable marijuana; and

      (8)   Any additional information that the local licensing authority reasonably determines to be necessary in connection with the investigation and review of the application.

   (b)   Criminal Background Check. A criminal background investigation shall be performed on all applicants and all owners, officers, managers, and employees of applicants. No applicant, or owner, officer, manager, or employee of an applicant shall have discharged a sentence in the five (5) years immediately preceding the application date for a conviction of a felony or have at any time been convicted of a felony pursuant to any state or federal law regarding the possession, distribution, or use of a controlled substance. The conviction for a felony by a licensee, or owner, officer, manager, or employee of a licensee shall be grounds for the revocation of an existing license. If the local licensing authority considers an individual's criminal history, the local licensing authority shall also consider any information provided by the individual regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the time period between the applicant's last criminal conviction and the consideration of the individual's criminal history. If there is any change in ownership, officers, managers or employees, a background check must be performed on the new individuals. The licensee has thirty (30) days in which to report any change of ownership, officers, managers or employees to the local licensing authority.

   (c)   The applicant(s) must provide a state sales tax number to the City at the time of business license application.

   (d)   The local licensing authority shall not receive or act upon an application for a license if the application concerns a particular location that is the same as or within one thousand (1000) feet of a location for which, within the two (2) years immediately preceding the date of the application, the state or a local licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location.

   (e)   Subsections A.1. through A.6., A.8., and Subsection B and C of this Section also apply to Dispensaries.

(Ord. 33-2019. Passed 4-25-19.)