860.04   AUTHORIZATION OF FACILITIES AND FEE.
   (a)   The maximum number of each type of medical/adult-use (recreational) marihuana facility allowed in the City shall be as follows:
Facility
Number
Facility
Number
Grower
Prohibited
Processor
Prohibited
Provisioning center/retailer
2 locations maximum
(Note: A single location will serve as both a medical marihuana provisioning center and a marihuana retailer, if approved by application.)
Marihuana microbusiness
Prohibited
Safety compliance facility
Prohibited
Secure transporter
Prohibited
Marihuana event organizer
Prohibited
Designated consumption establishment
Prohibited
 
   (b)   City Council shall review the number of facilities allowed at the one year mark of implementation to re-evaluate and determine if the number allowed needs to be adjusted. From that point on, every three years, City Council shall review the maximum number of each type of marihuana facility allowed and determine whether this maximum number should be changed. The review and its findings shall be recorded in the minutes of the relevant meeting of the City Council.
   (c)   A nonrefundable fee shall be paid, at the time of license renewal, by each marihuana facility licensed under this chapter in an annual amount as set by resolution of the City Council.
   (d)   The allowed provisioning center/retailer conditional licenses shall be awarded via lottery. An application fee of five thousand dollars ($5,000) shall be paid in full at the time that each application is submitted. Applications shall be accepted for a thirty-day calendar period, to be determined by City Council resolution. All applicants with fully completed applications received within the application period will be entered into a lottery drawing on the day previously set by City Council resolution and shall be open to the public. After City Council's review and approval of the lottery results, the "winners" will be awarded a conditional provisioning center/retailer license and will move forward in the formal licensing and approval process. The first and second "runners up" will maintain their lottery ranking positions in the event the "winner" is unable to complete the overall approval process within the approved time period. All other applicants in the lottery will receive a refund of two thousand five hundred dollars ($2,500) within thirty days of the lottery completion. Should the first and/or second "runners up" elect to withdraw at any time after the lottery is conducted, they will be refunded two thousand five hundred dollars ($2,500) within thirty days after their withdrawal is confirmed in writing to the City Clerk.
   (e)   Should a provisioning center/retailer license be vacated or revoked, the City will hold a lottery to award the license to another applicant. The process shall mimic the steps outlined above but would be limited to the number of vacated or revoked license(s) available.
(Ord. 366. Passed 9-1-22; Ord. 380. Passed 6-1-23.)