797.13 APPLICATION REVIEW PROCEDURE.

   (a)   Public Hearing-Posting and Publication (Cultivators and Processors). 

      (1)   Upon receipt of an original application for a local license, and after all Special Use Permit and Planning & Zoning procedures have been completed, the local licensing authority will may schedule a public hearing upon the application to be held not less than thirty (30) days after the date of the application. If the local licensing authority schedules a hearing for a Cultivator or Processor application, it shall post and publish public notice thereof not less than ten (10) days prior to the hearing. The local licensing authority shall give public notice by the posting of a sign in a conspicuous place on the cultivator or processor premises for which application has been made and by publication in a newspaper of general circulation in Macedonia City.

      (2)   Public notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors, or manager of the facility to be licensed.

      (3)   Public notice given by publication shall contain the same information as that required for the posting of signs.

      (4)   If the building in which medical marijuana is to be sold is in existence at the time of the application, the sign shall be posted so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public.

   (b)   Results of Investigation. 

      (1)   Not less than five (5) days prior to the date of the public hearing, or within a reasonable time where no public hearing is held, the local licensing authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The local licensing authority has authority to refuse to issue a license provided for in this section for good cause.

      (2)   Before entering a decision approving or denying the application for a local license, the local licensing authority may consider, except where this Chapter specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the type of license for which application has been made, including the number, type, and availability of medical marijuana outlets located in or near the premises under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed.

      (3)   Within thirty (30) days after the public hearing or completion of the application investigation, a local licensing authority shall issue its decision approving or denying an application for local licensure. The decision shall be in writing and shall state the reasons for the decision. The local licensing authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application.

      (4)   After approval of an application, a local licensing authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures, and equipment in place as are necessary to comply with the applicable provisions of this chapter and the Building Code, and then only after the local licensing authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application.

      (5)   After approval of an application for local licensure, the local licensing authority shall notify the state licensing authority of such approval. If an applicant receives approval from the Ohio Department of Commerce prior to the local licensing authority's decision, the applicant shall not proceed in operating a cultivation, processing or dispensary site until the local licensing authority renders its decision.

   (c)   Jurisdiction.

      (1)   In investigating the qualifications described herein, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the local licensing authority takes into consideration information concerning the applicant's criminal history record, the local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license.

      (2)   As used in subsection (c)(1) of this Section, "criminal justice agency" means any federal, state, or municipal court or any governmental agency or sub-unit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.

      (3)   By filing an application with the City, applicants consent to the City accessing all information possessed by the Ohio Department of Commerce relating to their application for a license to operate a cultivation, processing or dispensary site and consent to the release of such information to the City.

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