(a) No medical marijuana entity shall operate in the City of Massillon unless the entity possesses a valid local operating license pursuant to this chapter and a valid state certificate of operation from the Ohio Department of Commerce, except as otherwise provided in this section.
(b) A medical marijuana entity seeking to obtain a local operating license under this chapter must first apply for a local provisional license. A medical marijuana entity may not receive a building permit or certificate of occupancy unless, at the time such documents are issued, the entity possesses a valid local provisional license.
(c) An application for a local provisional license shall be made to the License Technician and shall include:
(1) The legal name of the applicant.
(2) The type of business organization of the applicant, such as an individual corporation, partnership, limited liability company, association, cooperative, joint venture or any other business.
(3) Confirmation that the applicant is registered with the Ohio Secretary of State as the type of business submitted pursuant to this rule, a certificate of good standing issued by the Ohio Secretary of State as the type of business submitted pursuant to this rule, a certificate of good standing issued by the Ohio Secretary of State, and a copy of the applicable business documents governing the operations and administration of the business.
(4) The mailing address, email address, and phone number of the applicant, if the applicant is an individual, or the name, mailing address, email address and phone number of a designated representative of the applicant, if the applicant is not an individual.
(5) If the applicant is currently, was previously, or has applied to be licensed or authorized in another state of jurisdiction to cultivate, produce, test, dispense or otherwise deal in the distribution of medical marijuana in any form, the following:
A. A copy of each such licensing/authorizing document verifying licensure in that state or jurisdiction;
B. A statement granting permission to contact the regulatory agency that granted the license, accompanied by the contact information, to confirm the information contained in the application; and
C. If the applicant was ever warned, fined, denied, suspended, revoked or otherwise sanctioned, a copy of documentation to indicating, or a statement that the applicant was so licensed and was never warned, fined, denied, suspended, revoked or otherwise sanctioned. This included notification of any pending proceedings regarding warnings, fine, denials, suspension, revocation or other sanctions.
(6) With respect to any person presently or previously associated with the applicant, any instance in which such person managed or served on the board of a business and was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding in connection with such management or service, as well as information regarding the association between such person and the applicant;
(7) The proposed physical address of the applicant’s medical marijuana entity and confirmation that the property is properly zoned for such use under the City’s Planning and Zoning Code.
(8) A location area map of the area surrounding the proposed medical marijuana entity that establishes that the parcel of real estate on which the proposed facility will be located is at least five hundred feet from the boundaries of a parcel of real estate having situated on it a prohibited facility, as measured under rule 3796:5-5-01 of the Ohio Administrative Code.
(9) Any other information requested by the License Clerk.
(10) A non-refundable application fee of $500.00 (five hundred dollars).
(d) An application for a local provisional license shall be granted on the approval of the License Technician, except as otherwise provided in this section. Within one year of receiving a local provisional, a medical marijuana entity may apply for a local provisional license. If a medical marijuana entity possessing a local provisional license has not applied for a local operating license within one year, the local provisional license will expire and a medical marijuana entity seeking a local operating license will need to first submit a new application for a local provisional license.
(e) An application for a local operating license shall be made to the License Technician and shall include:
(1) A copy of the provisional license application by the medical marijuana entity to the Ohio Department of Commerce under Chapter 3796 of the Ohio Revised Code.
(2) A copy of the provisional license granted by the Ohio Department of Commerce under Chapter 3796 of the Ohio Revised Code to the medical marijuana entity at the address at which the facility is to be located.
(3) Confirmation that the medical marijuana entity is conforming to all requirements under this chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
(4) Confirmation that the Massillon Police Department has inspected the facility and approved the security arrangements.
(5) Any other information requested by the License Technician.
(6) A non-refundable application fee of $5,000 (five thousand dollars).
(f) An application for a local operating license shall be granted on the approval of the License Technician, except as otherwise provided in this section.
(g) Every local operating license issued by the City shall expire two years after the date on which it was issued. A renewal application for a medical marijuana entity shall be submitted to the License Technician at least 90 days prior to the expiration date of the local operating license. The renewal application shall include:
(1) Confirmation that the medical marijuana entity is conforming to all requirements under this chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
(2) A copy of a valid certificate of operation issued by the Ohio Department of Commerce to the medical marijuana entity for the same address.
(3) Any other information requested by the License Technician.
(4) A non-refundable fee of $5,000.00 (five thousand dollars).
(h) An application for a renewal license shall be granted on the approval of the License Technician, except as otherwise provided in this section.
(i) Both local provisional licenses and local operating licenses are only valid as to the particular address listed in the initial local provisional license application. A medical marijuana entity which has obtained a local departing license may submit an application for a location change to the License Technician, which shall include:
(1) Confirmation that the medical marijuana entity is conforming to all requirements under this chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code.
(2) A copy of a valid certificate of operation issued by the Ohio Department of Commerce to the medical marijuana entity for the current address.
(3) The new proposed physical address of the applicant’s medical marijuana entity and confirmation that the property is properly zoned for such use under the City’s Planning and Zoning Code.
(4) A location area map of the area surrounding the newly proposed medical marijuana entity location that establishes that the parcel of real estate on which the facility will be located is at least five hundred feet from the boundaries of a parcel of real estate having situated on it a prohibited facility, as measured under rule 3796:5-5-01 of the Ohio Administrative Code.
(5) Any other information requested by the License Technician.
(6) A non-refundable application fee of $5,000.00 (five thousand dollars).
(j) An application for a location change for a local operating license may be granted on the approval of the License Technician, except as otherwise provided in this section. If approval for the location change is granted, a new local operating license will be issued.
(k) Both local provisional licenses and local operating licenses are only valid as to the particular medical marijuana entity listed in the initial local provisional license application. If the ownership of a medical marijuana entity changes, requiring a transfer of ownership application to the State of Ohio under Chapter 3796:2-1-08 of the Ohio Administrative Code, the medical marijuana entity must notify the City. If the State of Ohio determines that the proposed ownership change complies with Chapter 3796:2-1-08, the ownership change will be permitted by the City under the existing local provisional license or local operating license. If the State of Ohio determines that a new state license application is required under Chapter 3796:2-1-08(B)(1)(d) of the Ohio Administrative Code, then the ownership change will not be permitted by the City without a new local provisional license and a new local operating license.
(l) As part of the submission of an application that results in the issuance of a local provisional license or local operating license, a medical marijuana entity irrevocably consents to the following:
(1) Any inspection by the City of Massillon or the Massillon Police Department that is deemed necessary to ensure compliance by the medical marijuana entity with this chapter, Chapter 3796 of the Ohio Revised Code, and Chapter 3796 of the Ohio Administrative Code. An inspection may be conducted with or without notice. During inspection, a representative of the City of Massillon or the Massillon Police Department may:
A. Review and make copies of all records maintained in accordance with rules 3796:2-2-08, 3796:3-2-08, 3796:6-3-18 and 3796:4-2-09 of the Administrative Code;
B. Enter any area in the facility;
C. Inspect facility vehicles;
D. Review the policies and procedures of the medical marijuana entity, including methods of operating;
E. Survey the premises and any off-site facilities;
F. Inspect all equipment, instruments, tools, materials, machinery or any other resource used to cultivate, process, dispense, or test medical marijuana;
G. Request access to locked areas in the facility;
H. Question licensed employees at the location; and
I. Obtain samples for testing of any medical marijuana at the facility, media used to grow medical marijuana, chemicals and ingredients used in the cultivation process, any labels or containers for marijuana, or any raw packaged medical marijuana.
(m) Notification.
(1) If, at any time, a medical marijuana entity is subject to any enforcement action by the State of Ohio under Ohio Administrative Code Chapter 3795:5-6-01, the medical marijuana entity must immediately notify the City of Massillon and provide any relevant information or documentation requested by the City.
(2) If, at any time, a medical marijuana entity or an employee thereof has a reasonable belief that an actual loss, theft, or diversion of medical marijuana or currency over $100 has occurred, the medical marijuana entity must immediately notify the Massillon Police Department, and such notification shall be provided no later than 24 hours after discovery of the loss, theft, or diversion.
(3) If, at any time, any information in a medical marijuana entity’s local provisional license application changes, the medical marijuana entity must immediately notify the City of Massillon.
(n) If, at any time, the City becomes aware that a medical marijuana entity possessing a local provisional or a local operating license has engaged in, is engaging in, or is about to engage in any act or practice declared to be prohibited by this chapter, Chapter 3796 of the Ohio Revised Code, Chapter 3796 of the Ohio Administrative Code, or any other local, state or federal law, with the exception of acts that are permitted under state law but are federal law violations stemming from the classification of marijuana as a controlled substance under §21 U.S.C. 812(c), the Director of Public Safety may do any of the following:
(1) Refer such violations to the Ohio Department of Commerce;
(2) Issue a warning to the medical marijuana entity, which may include possible corrective action(s);
(3) Suspend the license and require any violations to be resolved and corrective actions to be taken as conditions to the reinstatement of the suspended license;
(4) Revoke the license.
(o) Notice.
(1) A warning, suspension or revocation issued by the City under this section shall be served upon the medical marijuana entity at the address for which a local provisional license and local operating license was granted, by personal service, or by certified and regular mail, or by posting in a conspicuous location.
(2) Notice by certified mail shall be effective upon delivery in the event that notice by certified mail is returned unclaimed or refused, mailing of the notice by regular mail shall be deemed effective upon mailing. Notice by personal service or by posting shall be deemed effective at the time of personal service or posting, respectively.
(p) A marijuana entity must immediately cease operations under suspension, medical revocation, or expiration of a local provisional license or local operating license, unless otherwise instructed by the City, until the suspension is lifted or a new, valid license is obtained.
(q) Suspension of Licenses.
(1) Suspension of licenses shall only be accomplished through the procedures outlined in this subsection. Subsection shall be accomplished after a public hearing is held thereon by the Safety Director, which hearing shall be held within thirty days after notice is given to the licensee of such hearing, by certified mail and regular mail. The licensee shall have the right to appear at such a hearing, to be represented by counsel, and to have the right to examine and cross examine witnesses.
(2) Suspension may take place without a prior hearing if the Safety Director finds clear and convincing evidence that the continued distribution of medical marijuana presents a danger of immediate and serious harm to others. Notice of the suspension shall be made as provided in this section and a hearing on the merits of the suspension will take place within five days of the suspension.
(3) The suspension will remain in effect, unless lifted by the Safety Director, pending the results of the hearing. If the Safety Director does not issue an order within 90 days after the hearing, the suspension shall be lifted on the ninety-first day following the hearing.
(4) As a condition of the reinstatement of a suspended license, the Safety Director may require any violations to be resolved and reasonable corrective actions to be taken.
(r) Revocation of Licenses.
(1) Revocation of licenses shall only be accomplished through the procedure outlined in this subsection. Revocation shall be accomplished only after a public hearing is held thereon by the Safety Director, which hearing shall be held within thirty days after notice is given to the licensee of such hearing, by certified mail and regular mail. The licensee shall have the right to appear at such a hearing, to be represented by counsel, and to have the right to examine and cross examine witnesses.
(2) If a medical marijuana entity’s local provisional or local operating license is revoked, the medical marijuana entity’s local provisional license or local operating license is revoked, the medical marijuana entity will coordinate with the City of Massillon and the Ohio Department of Commerce in the closing of the facility as provided for in the Ohio Administrative Code.
(s) In the event of a decision or ruling adverse to a licensee or license applicant regarding a denial, revocation, or suspension of a license, the licensee or license applicant shall have the right to appeal such decision and ruling to a court of competent jurisdiction, under authority of and pursuant to the provisions of Chapter 2506 of the Ohio Revised Code. A notice of appeal in such action shall be filed with the Office of the Mayor, as well as with the court to which the action is appealed, within appropriate time limits, as provided in Chapter 2505 of the Ohio Revised Code.
(t) The Safety Director shall have the authority to deny any application for a local provisional license, local operating license, license renewal or a location change, at his/her discretion, pursuant to the criteria of this chapter.
(Ord. 96-2017. Passed 9-5-17.)