(A) Submission. Beginning on October 1, 2018, a person may apply for authorization to operate a facility within the city by submitting the following items to the City Clerk. These items may be submitted to the Clerk before applying for requisite zoning approvals. An application is not considered complete until the City Clerk receives all of the following:
(1) A non-refundable application fee in an amount established by resolution of the City Commission.
(2) An advance of the annual administrative fee established in § 112.05(D).
(3) A photocopy of a valid, unexpired driver's license or state-issued identification card for all owners, directors, and officers of the proposed facility.
(4) A signed application (available in the Clerk's office), which must include all of the following information and documents:
(a) If the applicant is an individual, the applicant's name; date of birth; social security number; physical address, including residential and any business address; copy of government-issued photo identification; email address; one or more phone numbers, including emergency contact information;
(b) If the applicant is not an individual, the names; dates of birth; physical addresses, including residential and any business address; copy of government-issued photo identifications; email address; and one or more phone numbers of each stakeholder of the applicant, including designation of the highest ranking representative as an emergency contact person; contact information for the emergency contact person; articles of incorporation or organization; assumed name registration; Internal Revenue Service EIN confirmation letter; copy of the operating agreement of the applicant, if a limited liability company; copy of the partnership agreement, if a partnership; names and addresses of the beneficiaries, if a trust, or a copy of the bylaws or shareholder agreement, if a corporation;
(c) The name, address, tax identification number, and current zoning designations of the proposed medical marihuana facility;
(d) The name and address of the current property owner of record;
(e) If the current property owner is different than the applicant (e.g. where the applicant has a lease, option, land contract, or other future interest in the property), the property owner's signature is required in addition to the applicant's.
1. An applicant may submit applications for multiple properties.
2. However, only one application shall be submitted per property, unless the applications are for proposed co-located facilities.
(f) The proposed facility type;
(g) If the proposed facility type involves stacked growing licenses, the number of licenses sought;
(h) A complete list of all marihuana permits and licenses held by the applicant;
(i) Written consent for the city to inspect the facility at any time during normal business hours to ensure compliance with applicable laws and regulations;
(j) A location area map of the marihuana facility and surrounding area that identifies the relative locations and the distances (closest property line to the subject marihuana facility's building) to the closest real property comprising a public or private elementary, vocational, or secondary school;
(k) A copy of all documents submitted by the applicant to LARA in connection with the application for a state operating license under the MMFLA (including documents submitted for prequalification);
(l) A copy of all documents submitted by the applicant to LARA in connection with the application for a state operating license under the MRTMA, if applicable;
(m) A copy of all documents issued by LARA indicating that the applicant has been prequalified for a state operating license under the MMFLA; and
(n) Any other information reasonably requested by the city relevant to the processing or consideration of the application.
(B) Initial receipt period set by resolution. For any facility type subject to numerical limitations under § 112.02, the city shall establish an initial receipt period that will commence on October 1, 2018, and will end on a date to be set by resolution of the City Commission. The City Commission shall adopt such resolution on or before October 1, giving consideration to the number of applicants that have completed the pre-qualification step of the state licensing process by that time.
(C) Clerk action upon receipt. The Clerk will accept and receive any application that includes the required items listed above, unless the city has already received an application for the same property (other than an application for a proposed co-located facility) from another applicant. Upon receiving a complete application, the clerk will time- and date-stamp the application and inform the applicant of the following:
(1) The number of existing facilities of the proposed facility type currently operating within the city;
(2) The number of pending applications for the desired facility type
(3) The date, time, and location of any drawing that may be conducted pursuant to division (D).
(D) Conditional authorization. The City Clerk will conditionally authorize facilities as follows:
(1) If, after close of business on the end date of the initial receipt period, the city has received more applications for a given facility type than would be permitted under § 112.02, the Clerk will conduct a drawing to randomly select applicants for conditional authorization and to establish a waiting list for future conditional authorizations for that facility type. The drawing will be noticed and conducted as a public meeting.
(2) For any facility type not subject to numerical limits under § 112.02, or otherwise not subject to the drawing process described in division (D)(1), the Clerk will conditionally authorize facilities in the order in which applications are received.
(3) Once the Clerk has issued conditional authorizations for all of the facilities of a given facility type that would be permitted under § 112.02, the Clerk will place subsequent applications at the end of the waiting list for that facility type.
(E) Final authorization. The City Clerk will grant final authorization for the facility if the applicant:
(1) Submits an application for special use authorization pursuant to § 154.410(B)(4)(p) of the zoning ordinance within 90 days of receiving conditional authorization;
(2) Obtains special use authorization within 12 months of receiving conditional authorization; and
(3) Obtains a state operating license within 18 months of receiving conditional authorization.
(F) Expiration of conditional authorization. If the applicant for a conditionally authorized facility fails to satisfy any of the deadlines established above, the conditional authorization will expire. The City Commission may extend any of the deadlines upon a showing of good cause.
(G) Waiting list and refund of administrative fee. The Clerk will keep and maintain the waiting lists established pursuant to division (D) until the maximum number of facilities of the type to which the list pertains are operating in the city (at which time the Clerk will discard the waiting list). If a conditional authorization for a proposed facility of that facility type expires, the clerk will conditionally authorize the next application on the waiting list. Upon discarding the waiting list, the Clerk will refund the advance of the annual administrative fee established in § 112.05(D) to all applicants remaining on the waiting list.
(H) Newly available authorizations.
(1) For facility types for which the maximum number of facilities specified in § 112.02 are operating in the city, an authorization will become available when:
(a) The state operating license for a facility with final authorization expires or is revoked by LARA; or
(b) This chapter is amended to authorize additional facilities of that facility type.
(2) When an authorization becomes available as described in division (H)(1), the City Clerk will establish a 30-day application period to begin within the next 60 days during which the city will accept applications from interested persons, and will publish notice of the selected application period in a newspaper of general circulation at least seven business days before the beginning of that period.
(3) During the selected application period, the Clerk will accept applications using the same process described in divisions (C) and (D) above. If multiple applications are received during the application period, a drawing will be conducted as outlined in division (D) above.
(Ord. 1038, passed 6-11-18; Am. Ord. 1055, passed 2-10-20; Am. Ord. 1079, passed 5-9-22)