(A) Application for License. An applicant must submit a signed application, using the city’s online portal, to the Common Council using the form established by the city. Such application must include:
(1) The legal name of the applicant;
(2) The physical address of the applicant;
(3) The name and date of birth of each principal officer and board member of the applicant entity;
(4) Previous experience operating a legal cannabis establishment, if any;
(5) Summary of operating procedures, including procedures to ensure accurate record keeping, adequate security measures, sufficient fire and building code considerations, and compliance with all other requirements of this chapter;
(6) Confirmation that none of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its governmental license or certification revoked in any jurisdiction;
(7) Confirmation that none of the principal officers or board members is under 21 years of age;
(8) Confirmation that the applicant has conducted, and paid for, a background check through the City Police Department into the criminal history of each principal officer, board member, agent, volunteer, or employee involved in the operation at the time of application. No persons with a felony conviction shall obtain a license;
(9) Proof that at least one principal officer is a resident of the state;
(10) Payment of the applicable cannabis establishment license fee in the form of a certified check;
(11) A copy of the applicant’s sales tax license;
(12) Proof that all applicable property taxes, fees, business improvement district taxes, and pending assessments relating to the cannabis establishment location have been paid;
(13) Proof of financial responsibility in the amounts and manner established in this chapter below;
(14) A sworn statement that the application contains no false statements made or omissions of any material matter in any application for a license;
(15) The applicant’s notarized signature;
(16) An acknowledgment that an application submitted by the city is entitled to a greater preference; and
(17) A statement describing the applicant’s community involvement, if any.
(B) Action by Common Council.
(1) The Common Council will consider a completed application at the next available Common Council meeting following submission, provided that such application must be submitted at least 15 days in advance of a Common Council meeting. Applications are generally processed on a first come, first served basis except as further provided by this chapter.
(2) The Common Council may approve or deny an application in full or on condition. Such action of the Common Council must take place within 30 days after the application’s first presentment to the Common Council.
(3) If approved, the Mayor and Finance Officer will endorse the application and notify the applicant of approval within three days of the Common Council’s approval. If the Council imposes any conditions, such conditions shall be listed on the license at the time of issuance. No approved application shall become effective, and no license shall be issued until the applicant provides to the Finance Officer a copy of the applicant’s certificate of registration from the state relating to the cannabis establishment for which the license was approved.
(4) If denied, the Common Council must state the basis on which the application was denied, which may include, but is not limited to: incorrect application information; missing required application criteria; insufficient detail in application; nonpayment of any obligation; proposed activity would violate any applicable city ordinance; the proposed activity would violate state law or regulations; no license type available due to maximum number already issued; proposed location not properly located, proposed location does not comply with this chapter; concerns over potential building, fire, or nuisance code issues; or a lack of community involvement.
(C) Special procedures for capped licenses.
(1) For license classes where the Common Council or the city has established a numerical cap, applications shall be accepted by the special procedures provided in this section.
(2) These special procedures shall apply whenever a license becomes available in a capped license class.
(3) When such availability occurs, the city may publish an invitation for applications on the city’s website or a newspaper stating a deadline by which to apply, and the location where applications may be submitted. No application for a capped license class will be accepted prior to publication of the invitation, nor after the deadline established in the invitation.
(4) Applications submitted pursuant to an invitation must be submitted in writing and sealed. An applicant may not supplement his or her application after the deadline has passed.
(5) Once the deadline has passed, the Finance Officer shall open the applications and review each application for completeness. Complete applications will be forwarded to the Common Council. Applications which are only substantially complete may be forwarded to the Common Council, and the Common Council may determine whether such applications contain sufficient information for further consideration.
(6) The Finance Officer shall determine by lottery the order in which the Common Council considers the applications; however, an application submitted by the city must be considered before any other application.
(7) The merits of the applications will then be considered by Common Council. The Common Council will approve or deny applications in the established order, but may review all applications before deciding on any individual application. The Common Council will approve or deny the applications in order until all applications have been acted on or the numerical cap has been reached. If the numerical cap has been reached and there are still applications which have not been acted on, such undecided applications shall be deemed rejected.
(8) If no applications are received following an invitation for applications, or if the numerical cap is not reached pursuant to an invitation for applications, these special rules shall no longer apply and applications may be received, processed, and considered on a first come, first served basis beginning at the opening of the business the day following the Common Council meeting at which the last application was acted upon pursuant to the invitation for applications. Such applications must be delivered in writing to the finance office no earlier than the time specified above, and applications received before such time are deemed rejected.
(9) If the numerical cap is then reached while using the first come, first served system, and a license subsequently lapses making a license available, these special procedures shall apply to issuing the license.
(D) Renewal process.
(1) A person or entity operating pursuant to a license must apply for renewal of such license at least 45 days, but not more than 90 days, prior to the expiration of such license using the form provided by the finance office. Such application must include payment of the renewal application fee.
(2) The Common Council will consider renewal applications using the same factors and timelines applicable to new applications. In addition, the Common Council may consider in approving, denying, or conditionally approving a renewal application, any changed information from prior applications, concerns over actual operations or violations, nonpayment of obligations, or any other information reasonably related to the continued operation of the cannabis establishment.
(3) Preference may be granted to existing license holders based on a dispensary’s community involvement, facility upkeep and investment, days and hours of operation, and history of interactions with law enforcement.
(4) The renewal application must specify if any information has changed from its prior application.
(5) The renewal application must be accompanied by all payments relating to the renewal application as well as a copy of the licensee’s state certification.
(6) The renewal application must re-confirm or prove all the requirements applicable to new applications remain met.
(7) An applicant is not entitled to renewal of his or her license and the license will only be renewed by Common Council after consideration of the facts and circumstances pertaining to each individual license. An applicant does not have a protected property interest in a license issued by the city pursuant to this chapter.
(Ord. 2021-004, passed 11-15-2021)