Upon determination to accept applications for medical cannabis establishments and/or adult-use cannabis establishments, the Council may accept compliant applications.
In addition to the general application requirements required elsewhere in the City Code, an applicant for a conditional use permit to allow for the licenses as herein identified shall complete a supplemental application which includes all of the following information:
A. Type Of License: Whether the applicant is applying for a medical cannabis and/or adult-use cannabis establishment license for an independent testing laboratory, cultivation facility, a facility for production of edible cannabis products, cannabis infused products, or cannabis dispensary, together with the following:
B. Applicant Information:
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(s);
4. The telephone number of the applicant, including cellphone number;
5. The e-mail address of the applicant;
6. An attestation that the information provided to the city to apply for the medical cannabis establishment and/or adult-use cannabis establishment license is true and correct according to the information known by the applicant at the time of signing; and
7. The signature of the natural person for the proposed medical cannabis establishment and/or adult-use cannabis establishment;
C. Name Of Establishment: The name of the proposed medical cannabis establishment and/or adult-use cannabis establishment, as reflected in the articles of incorporation or other documents filed with the Nevada Secretary of State;
D. 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 the medical cannabis establishment and/or adult-use cannabis establishment be disclosed and be subject to the requirements of this chapter;
E. Other Ownership Interests: The name and physical address of any other medical cannabis establishment and/or adult-use cannabis establishment within the city which any owner, officer, manager or director has ownership interest in, a contractual relationship with or is otherwise associated with;
F. List Of Persons Receiving Registration Card: A list of persons associated with the medical cannabis establishment and/or adult-use cannabis establishment who have received, or will request, an medical cannabis establishment and/or adult-use cannabis establishment agent registration card from the state regulating authority;
G. 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 453A.322 and/or NRS 453D including, or if later than July 1, 2020, pursuant to 678A through 678D, inclusive, 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;
H. A site plan drawn to scale showing the location of the proposed building on the lot; property lines; adjoining streets; driveway locations; parking layout; landscaping; walls/fences; solid waste enclosures; and easements.
I. Floor Plan: The floor plan of the medical cannabis establishment and/or adult-use cannabis establishment;
J. Elevation drawings or photographs of the proposed building which demonstrate that the building is consistent with the traditional style of pharmacies and medical offices in the community.
K. Rendering of proposed signage showing that the proposed signs are consistent with the City code. Evidence shall be submitted that the division to regulate medical cannabis has approved the name, logo, sign(s) and advertisement of the medical cannabis establishment and/or adult-use cannabis establishment.
L. The City of Wells zone for the parcel.
M. Name of the medical cannabis establishment and/or adult-use cannabis establishment.
N. Address Of Establishment And Owners: The physical address where the proposed medical cannabis establishment and/or adult-use cannabis establishment will be located and the physical address of any owner, co-owner, or person otherwise affiliated with the medical cannabis establishment and/or adult-use cannabis establishment.
O. A statement describing what activity will occur at the site - medical cannabis and/or adult-use cannabis cultivation facility, facility for the production of edible medical cannabis and/or cannabis products or medical cannabis and/ or cannabis infused products, medical cannabis and/or cannabis independent testing laboratory, or a combination thereof.
P. The name and physical address of any other medical cannabis establishment and/or adult-use cannabis establishment within Nevada in which any owner, officer, manager, or director of the applicant has an ownership interest in, or contractual relationship or is otherwise associated with.
Q. The name and location of the off-site cultivation facility providing the cannabis, if applicable. The name and location of the cannabis independent testing laboratory providing laboratory service, if applicable.
R. A plan that complies with any applicable Nevada health district regulations governing air quality for the medical cannabis establishment and/or adult-use cannabis establishment that prevents or controls any dust, fumes, vapors, or odor of cannabis off the premises of the medical cannabis establishment and/or adult-use cannabis establishment.
S. Copy Of Contracts: A copy of all contracts, proposed contracts for consulting, management, renting or leasing the premises for the proposed medical cannabis establishment and/or adult-use cannabis establishment, including written documentation stating that the property owner of the proposed location for the medical cannabis establishment and/or adult-use cannabis 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;
T. 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 medical cannabis establishment and/or adult-use cannabis 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 medical cannabis establishment and/or adult-use cannabis establishment by federal authorities, may render such license subject to immediate suspension or revocation;
U. 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 medical cannabis establishment and/or adult-use cannabis establishment, operation, or ownership of the medical cannabis establishment and/or adult-use cannabis establishment, and a bond to secure such obligation and name the City as an additional insured thereon if required by resolution of the council;
V. Suitability Of Persons Holding Ownership Interest: An acknowledgment that the applicant is seeking a privilege 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 medical cannabis establishment and/or adult-use cannabis establishment license is at the discretion of the city council; and that the applicant agrees to abide by the decision;
W. Fingerprint Based Background Checks: All applicants applying for a medical cannabis establishment and/or adult-use cannabis establishment license with the city of Wells are required to provide the city with a full set of fingerprints. Fingerprinting shall be completed at the Chief of Police. In all cases where the applicant for medical cannabis establishment and/or cannabis establishment is a firm, partnership, association or corporation, all the members, principal officers, directors, stockholders, and/or managers shall present themselves to the Chief of Police, for fingerprinting. Fingerprint data may be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, Chief of Police 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 Chief of Police. Upon completion of the investigation, the chief of police, or the designee thereof, 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(l)(a) and public law 92-544;
The chief of police shall conduct a full investigation of all information contained in the registration application. The background investigation shall be similar to the investigation required for a licensee, as required by section 3-6-8 of this chapter.
All agents, key employees and employees shall be subject to the foregoing.
X. A plan to comply with the Federal Hazardous Materials Regulations;
Y. Environmental remediation bond(s) or water reclamation bonds as required by resolution of the council.
Z. Investigation Fees:
1. Fees Enumerated:
a. Application Fee: Onetime nonrefundable application fee of one thousand dollars ($1,000.00), per application;
b. 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;
c. Application Deposit and Actual Cost: Applicant shall deposit five thousand dollars ($5,000.00) ("deposit") per application with the City Clerk with the application to be debited by the City for actual costs incurred by the city or its designated agent(s) to complete the necessary investigations, which shall include, but is not limited to administrative time. Any remaining funds upon completion of the investigation shall be returned to the applicant. In addition to the fees required to accompany the application, the applicant shall be required to pay the city the actual cost incurred by the city or its designated agent to complete the necessary investigations, and in the even the cost is greater than the deposit, applicant shall reimburse the city or its designated agent for any and all cost exceeding the deposit;
AA. Confidentiality Required: All information, other than the criminal history information, of a confidential nature supplied under the terms of this chapter must be maintained by the business license officer, in a confidential file, to be opened for inspection only by city officials and law enforcement officers; provided, however, the applicant may waive the requirements of this subsection and the city may be required to produce such information as required pursuant to a court order, in order to respond to license, disciplinary action or complaints by licensee, or as may be required by the Public Records Act. (Ord. 230, - -2018; amd. Ord. 234, 8-25-2020)