No medical marijuana business license shall be issued or renewed for any business or premises where any of the following facts or circumstances exist:
(a) The applicant or an owner has been found guilty of any offense set forth in R.C. Chapters 2925, 3719, or 4729, the violation of which constitutes a felony or misdemeanor of the first degree.
(b) The applicant or an owner has been found guilty of any theft offense set forth under division (K) of R.C. § 2913.01, the violation of which constitutes a felony.
(c) The applicant or an owner has been found guilty of any violation for which a penalty was imposed under R.C. § 3715.99.
(d) The applicant or an owner has been found guilty of a crime of moral turpitude as defined in R.C. § 4776.10.
(e) A violation of any former law of this state, any existing or former law of another state, any existing or former law applicable in a military court or Indian tribal court, or any existing or former law of any nation other than the United Sates that is or was substantially equivalent to any of the offenses listed in divisions (a) through (d) of this section.
Any first-degree misdemeanor offense listed in divisions (a) through (e) of this section will not automatically disqualify an applicant from licensure if the applicant was convicted of or pleaded guilty to the offense more than five years before the date the application for licensure is filed. Notwithstanding anything to the contrary in this section, no misdemeanor offense, including misdemeanors of the first degree, related to marijuana possession, marijuana trafficking, illegal cultivation of marijuana, illegal use or possession of drug paraphernalia or marijuana drug paraphernalia, or other marijuana related crimes shall be considered a disqualifying offense.
(f) The premises do not have adequate security installed, employed and operated to address any and all safety concerns of the Safety Director.
(g) The premises are located within 1,000 feet of any school, playground, public park or within 500 feet of any church.
(h) The premises or operation thereof would be in violation of any provision of the Building Code, Zoning Code, Fire Code of the City or any other pertinent provisions of local, state or federal law.
(i) The applicant made a false statement or misrepresentation as to a material matter upon the application or in a hearing concerning the license.
(j) The application failed to provide all of the required information.
(k) The applicant has failed to demonstrate compliance with this chapter and all other applicable state and local ordinances and statutes.
(Ord. 2018-O-01. Passed 1-9-18.)