(A) The period during which the City Clerk may accept applications for conditional authorization to operate marihuana establishments, if any, shall be set by the City Clerk pursuant to the direction of City Council and shall be referred to as the “Receipt Period.” During the Receipt Period, the City Clerk will accept and receive applications as detailed in this chapter.
(B) As of the close of business on the last date of the Receipt Period, the Clerk shall assemble all completed applications for conditional authorizations to operate a marihuana establishment which were timely received and are complete and present the same to City Council for review and/or consideration at the next regularly scheduled City Council meeting, or at such other time as City Council directs. The Clerk shall inform all applicants who timely submit completed applications when the applications will be first presented to City Council.
(C) In an open meeting(s) the City Council shall consider timely submitted complete applications for conditional authorization to operate a marihuana establishment within the city. The City Council may, but is not obligated to, request additional information from some or all the applicants. The City Council may, but is not required to, take action to approve or deny applications at the first meeting in which they are presented. If, after reviewing the applications City Council desires to grant conditional authorization to operate a marihuana establishment(s) within the city, the City Council will decide among applicants by using a competitive process intended to select applicants who are best suited to operate in compliance with the MRTMA and/or MMMFLA, as applicable, in the city. The factors considered and format of the competitive process shall be up to the discretion of City Council, subject to the requirements of the law. The City Council is not required to approve any applications or grant any conditional authorizations to operate a marihuana establishment within the city and may decide to deny all applications. The determination of City Council to grant or deny conditional authorization to applicant is based upon the majority vote of the members of Council presenting and voting on the issue.
(D) The Clerk will grant final authorization for an establishment only if the applicant:
(1) Was granted conditional authorization by the City Council which has not expired or been revoked;
(2) Submits the paperwork for the establishment-specific step of the application for a state operating license (and all related applications for stacked licenses) to LARA within 30 days of receiving conditional authorization;
(3) Submits an application for a zoning compliance certificate from the city building inspector within 30 days of receiving conditional authorization and obtains a zoning compliance certificate within six months of receiving conditional authorization;
(4) Receives all required licenses and approvals from LARA to operate the establishment within 18 months after conditional authorization is granted; and
(5) Enters into a written agreement with the city confirming that the marihuana establishment will operate in accordance with the business plans, building plans, design standards, and all other operational standards described by the applicant in the application and in any supplemental materials provided to the city. The agreement shall further provide that if the establishment breaches the agreement, then the city may revoke authorization of the establishment following notice and a public hearing, and that in such event, the city shall be entitled to injunctive relief barring further operation of the establishment in the city.
(E) Expiration of conditional authorization. If the applicant for a conditionally authorized establishment fails to satisfy any of the deadlines established under division (D) above, the conditional authorization will automatically expire, unless the time to comply is extended by the City Council in its sole discretion.
(F) Availability. The Clerk shall only accept applications for conditional authorization upon the direction of the City Council. The City Council is not required to accept applications or issue conditional authorizations sufficient to fill all available establishment types permitted under this chapter or subsequent resolution of City Council. Rather, such limitations are maximum numbers of licenses and not minimums or requirements. If the City Council, in its discretion, directs the City Clerk to accept applications for conditional authorizations to operate marihuana establishments within the city, the receipt, review and consideration of such applications shall be pursuant to the procedure detailed herein.
(Ord. 209, passed 10-7-2020; Ord. 218, passed 4-4-2023)