(A) Submission of supplementary information to the city. Applicants for conditional authorizations and those operating existing establishments pursuant to final authorizations must provide the City Clerk with copies of all documents submitted to LARA in connection with the initial license application, subsequent renewal applications, or investigations conducted by LARA. The documents must be provided to the Clerk within seven days of submission to LARA and may be submitted by electronic media unless otherwise requested by the Clerk.
(B) Compliance with applicable laws and regulations. Marihuana establishments must be operated in compliance with all applicable rules, ordinances and regulations, including, MRTMA, MMMFLA and MRTMA.
(C) No consumption on premises. No smoking, inhalation, or other consumption of marihuana shall take place on or within the premises of any establishment. It shall be a violation of this chapter to engage in such behavior, or for a person to knowingly allow such behavior to occur. Evidence of all of the following gives rise to a rebuttable presumption that a person allowed the consumption of marihuana on or within a premise in violation of this section:
(1) The person had control over the premises or the portion of the premises where the marihuana was consumed;
(2) The person knew or reasonably should have known that the marihuana was consumed; and
(3) The person failed to take corrective action.
(D) Annual fee. Unless the City Council approves a different fee by resolution, a licensee must pay to the city the maximum annual fee as permitted by MRTMA, MMMFLA and MRTMA (as applicable) for each license within the city in order to help defray administrative and enforcement costs. The initial annual fee(s) must be paid to the City Clerk when the application for city approval is submitted. In each subsequent year, fees are due on the date on which the licensee submits an application to LARA for renewal of the state operating license.
(E) Renewal of city issued establishment final authorization.
(1) If the holder of a valid city issued final authorization to operate a marihuana establishment desires to renew such authorization, it must request the authorization be renewed on an annual basis by submission of a renewal application upon a form provided by the City Clerk and payment of the annual nonrefundable license fee set by city resolution or as provided in this chapter. Requests for renewal must be submitted to the city within 60 days of the expiration of the authorization. The failure to timely file for renewal is sufficient grounds to deny renewal of an authorization to operate a marihuana establishment in the city. The City Council has discretion to renew or not renew authorizations. In making its determination, the City Council shall consider the following:
(a) Compliance with the statements provided with the initial application and submission with its request for renewal of the following information;
(b) The staffing plan for the business which describes the actual number of employees;
(c) An explanation, with supporting factual data, of the economic benefits to the city;
(d) Whether the business is in default to the city for any property tax, special assessment, utility charges, fines, fees or other financial obligation owed to the city;
(e) Violations of laws, ordinances and regulations related to the establishment; and
(f) Other information deemed relevant by City Council.
(2) If the City Council approves a request to renew an authorization, the City Clerk shall renew the existing authorization for a period of one year, on the condition that the state operating license for the establishment is renewed. If the City Council does not recommend renewal, it may, after notice and opportunity for a hearing to the holder, suspend, revoke or refuse to renew a license.
(Ord. 209, passed 10-7-2020; Ord. 218, passed 4-4-2023)