(A) As detailed in this chapter, conditional authorizations and final authorizations to operate marihuana establishments within the city are awarded based upon a competitive process designed to select the applicant(s) best suited to operate a marihuana establishment within the city in compliance with MRTMA and/or MMMFLA. As a result, such authorizations are approved based upon details specific to the specific applicant and the proposed location of the [text missing]. Accordingly, conditional authorization and/or final authorizations to operate a marihuana establishment(s) are not transferable, as a matter of right, to persons or entities, other than the authorization holder, or to other locations. If an authorization holder desires to transfer the location of the marihuana establishment or ownership of such authorization, such is subject to the prior approval of City Council.
(B) Transfer of ownership or a final authorization or conditional authorization and of the location of an establishment without prior approval of City Council shall result in an automatic revocation of the final authorization or conditional authorization.
(1) The holder of a final authorization or conditional authorization to operate a marihuana establishment may request the City Council approve the transfer of such authorization to different location within the city by submitting a written request to the city. The City Council shall review such request, and approve or deny the same, after considering the following:
(a) Whether the proposed new location is properly zoned for a marihuana establishment;
(b) The impact of the proposed new location on the community as a whole;
(c) The scope improvements required before the proposed new location may be operational;
(d) The existing establishment's compliance with city ordinances and with state law and administrative rules; and
(e) Such other factors and information deemed relevant by the City Council.
(2) The holder of a final authorization or conditional authorization to operate a marihuana establishment in the city may request the City Council approve the transfer of such authorization to a different person or entity by submitting a written request to the city. The request shall include all information for the proposed new owner(s), including stakeholders, that is required for a new applicant under this chapter. The City Council will consider such request to transfer and grant or deny such request. In considering a request to transfer ownership, the City Council shall consider whether the proposed new owner is suited to operate within the city in compliance with MRTMA and/or MMMFLA.
(Ord. 209, passed 10-7-2020; Ord. 218, passed 4-4-2023)