Concurrently with title 9 of this Code, Unified Development Code approval process, the business license official shall upon completion of the preliminary finding of suitability refer the application to the City Council for consideration.
A. Preliminary Finding Of Suitability: The preliminary finding of suitability will be based on the information submitted to the business license official as outlined in section 2-16-8 of this chapter.
B. Notification Of Denial; Registration Certificate Required: Applicants found unsuitable by the license official shall be notified in writing within ten (10) business days of the close of the background investigation. All applicants that satisfy the preliminary finding of suitability will move forward to the City Council for the preliminary approval. At the conclusion of the State provisional certification process all applicants that have received a provisional marijuana establishment registration certificate and a ranking by the Nevada Department of Taxation will be submitted to the City Council for final approval.
C. City Council Action: City Council shall consider the following criteria that will include, but not be limited to, the following:
1. Ranking provided by the State regulating authority;
2. Information regarding any bankruptcy proceedings involving owners or board members;
3. The identity, character, and background of the applicant, capacity, capitalization;
4. Operational plan, organizational structure, environmental sustainability and mitigation plans, interior floor plans of the buildings, odor control systems and suitability of the building for the use proposed, site plan as to parking, traffic movement and aesthetics;
5. Impact on the surrounding neighborhood; the type and degree of security and facilities and any other factors that in his or her discretion are deemed necessary to the safety, peace, order and welfare of the public.
D. Other Inspections: All applicants selected by the City Council must satisfy all required building, fire inspection criteria, and applicable food safety inspections by the Southern Nevada Health District before commencing operations, and any other applicable agency.
E. Denial: The following persons are declared not to be qualified to hold a marijuana establishment license under the provisions of this chapter:
1. A person who does not possess, or who does not have a reputation for possessing a good moral character;
2. A person under the age of twenty one (21) years;
3. A person who has been convicted of a felony;
4. A person who has been convicted of a crime involving moral turpitude which includes, but is not limited to: possession of a controlled substance, theft, fraud, falsification in official matters, offenses against privacy, lewdness, voyeurism, or violent or aggravated conduct involving persons or property;
5. A person who is currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;
6. A person who has been incarcerated in a Federal or State prison;
7. A person who illegally resides in the United States;
8. A person who at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application;
9. A partnership, limited partnership, association or limited liability company, unless all the partners, managers and members of such partnership, limited partnership, association or limited liability company required to submit to a background investigation under the provisions of section 2-16-8 of this chapter are found to be suitable;
10. A corporation, if any principal officer required to submit to a background investigation under the provisions of section 2-16-8 of this chapter is not found suitable;
11. A person who does not beneficially own the premises for which a license is sought or does not have a lease or provisional lease thereon for the full period for which the license is to be used.
No license shall be issued to any person who has violated any provision of this chapter, this title, or the Act, or who has violated any provision of a license to sell marijuana issued by the City or any other governmental agency, or who has had such a license revoked. (Ord. 524, 9-26-2017, eff. 10-18-2017)