Each application for a marijuana establishment business license must include, without limitation:
A. Completed Application: A complete marijuana application:
1. The mailing address of the applicant;
2. The applicant's date of birth;
3. The name, address, telephone number and date of birth of the proposed key employee;
4. The telephone number of the applicant, including cell phone number;
5. If applying for a marijuana dispensary license, the proposed hours of operation;
6. The e-mail address of the applicant;
7. An attestation that the information provided to the City to apply for the marijuana establishment license is true and correct according to the information known by the applicant at the time of signing; and
8. The signature of the natural person for the proposed marijuana establishment;
B. Application Fee: Onetime, nonrefundable application fee of five thousand dollars ($5,000.00);
1. Medical marijuana facilities existing prior to Nov. 8, 2016 wishing to add recreational marijuana for each license classification, application fees are as follows:
a. One thousand five hundred dollars ($1,500.00) per application unless the businesses are located on the same property and owned by the same owners, then one thousand five hundred dollars ($1,500.00) for the first application and five hundred dollars ($500.00) for each additional application.
C. Type Of License: Which type of marijuana establishment the applicant is applying for (i.e., retail marijuana store, marijuana product manufacturing facility, marijuana distributor, marijuana cultivation facility, marijuana testing facility, etc.).
D. Name Of Establishment: The name of the proposed marijuana establishment, as reflected in the articles of incorporation or other documents filed with the Secretary of State;
E. Type Of Business Organization: The type of business organization of the applicant, such as individual, corporation, partnership, limited liability company, association or cooperative, joint venture or any other business organization. It is the intent of this chapter that all individuals with a direct or indirect ownership interest in a recreational marijuana establishment be disclosed and be subject to the requirements of this chapter;
F. Other Ownership Interests: The name and physical address of any other recreational marijuana establishment within the City which any owner, officer, manager or director has ownership interest in, a contractual relationship with or is otherwise associated with;
G. Information Of Providing Facility Or Laboratory: The name and location of the offsite marijuana cultivation facility providing the marijuana, if applicable. The name and location of the marijuana testing laboratory providing laboratory services, if applicable;
H. Address Of Establishment And Owners: The physical address where the proposed marijuana establishment will be located and the physical address of any owner, co-owner, or person otherwise affiliated with the marijuana establishment;
I. Description Of Products: A description of the nature of the products and services to be produced or sold by the marijuana establishment;
J. Accompanying Documents: A complete and accurate copy of the application and all accompanying documents to be filed with the State regulating authority pursuant to Nevada Revised Statutes 453D including, but not limited to:
1. All proposals for operations, business plans, attestations, financial documentation, and required tax reports;
2. All documents detailing proposed organizational structure, all narratives, and resumes;
3. All documentation required concerning the adequacy of the proposed building and construction plans with supporting details in the form specified by the City building official and the payment of all required review and inspection fees;
4. All testing, transportation, policy, operations manuals, financial plan, environmental plan, and procedures manual to ensure the use of adequate security measures;
K. Sign And Advertising Plan: A sign and advertising plan including all proposed interior signage, must meet all requirements pursuant to title 9 of this Code;
L. Floor Plan: The floor plan of the establishment;
M. Copy Of Contracts: A copy of all contracts, proposed contracts for consulting, management, renting or leasing the premises for the proposed marijuana establishment, including written documentation stating that the property owner of the proposed location for the establishment is fully aware of the property's intended use or a copy of the deed to such property showing ownership vested in the applicant;
N. Statement Acknowledging Federal Laws: A written statement acknowledging that the applicant understands applicable Federal laws, any guidance, or directives issued by the U.S. Department of Justice, the laws of the State of Nevada and the laws and regulations of the City applicable thereto, concerning the operation of a recreational marijuana establishment. The written statement shall also acknowledge that any violation of any laws or regulations of the State of Nevada, or of the City, or any activity in violation of any guidance or directives issued by the U.S. Department of Justice, in such place of business, or in connection therewith, or the commencement of any legal proceeding relating to such marijuana establishment by Federal authorities, may render such license subject to immediate suspension or revocation;
O. Statement Holding City Harmless; Bond: A written statement to the business license official that the applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of a license, including any claims and litigation arising from the establishment, operation, or ownership of the marijuana establishment, and a bond to secure such obligation in the amount of two hundred fifty thousand dollars ($250,000.00) will be provided prior to the issuance of any license;
P. Suitability Of Persons Holding Ownership Interest: An acknowledgment that the applicant is seeking a privileged license and understands that each person with an ownership interest must be found suitable to hold such license by the City Council prior to the issuance of any license; that the applicant understands and acknowledges that the burden of proving qualifications to receive such a permit or license is at all times on the applicant; that the granting of a marijuana establishment license is at the discretion of the City Council; and that the applicant agrees to abide by the decision;
Q. Fingerprint Based Background Checks: All applicants applying for a marijuana establishment license with the City of Mesquite are required to provide the City of Mesquite with a full set of fingerprints. Fingerprinting shall be completed at the Mesquite Police Department. In all cases where the applicant for marijuana is a firm, partnership, association or corporation, all the members, principal officers, directors, stockholders, and/or managers shall present themselves to the City Police Agency for fingerprinting. Fingerprint data will be used to conduct State and national criminal records checks. Upon receipt of the fingerprint data, the City Police Agency is authorized to transmit the fingerprint data to the Nevada Department of Public Safety to conduct State criminal records checks. The Nevada Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation to conduct national criminal records checks. The results of the State and national criminal checks will be disseminated to the City Police Agency. Upon completion of the investigation, the Police Agency shall prepare and submit a report containing findings and a recommendation of approval or disapproval to the City Council. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and Public Law 92-544;
R. Investigation Fees:
1. Fees Enumerated:
a. Investigation And Fingerprinting Fee: Each application for a license filed pursuant to this chapter shall be accompanied by an investigation and fingerprinting fee of two hundred fifty dollars ($250.00) per person to be investigated. This fee is nonrefundable and is in addition to other fees collected pursuant to this title;
S. Confidentiality Required: Information of a confidential nature acquired under the terms of this chapter shall be maintained by the business license official, in a confidential file, available only to City officials and law enforcement officers; provided, however, that such application constitutes a waiver of confidentiality and privacy as to those matters disclosed by the investigation and by such waiver permits the interrogation of the applicant at any meeting of the City Council concerning any matters contained in the application or information obtained in the course of an investigation concerning suitability for licensing. (Ord. 524, 9-26-2017, eff. 10-18-2017)