(a) Applications for Licenses. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Safety Director. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnerships, shareholders of corporations and principals of any other type of business entity. In the event that no person owns twenty-five percent (25%) or more of Medical Marijuana Business, such application shall be signed by an authorized representative of the business. Every owner and operator of the business shall be fingerprinted by the City of Wickliffe Police Department and said persons shall pay for the costs associated with obtaining said fingerprints.
(b) Contents of Applications. The Application shall contain the following information:
(1) For each individual owner:
(i) True name and all other names used in the past five (5) years;
(ii) Date of birth;
(iii) Permanent home address and all other home addresses used in the past five (5) years;
(iv) Business and home telephone numbers;
(v) Employment history for the past five (5) years;
(vi) A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if convicted, the date and court of conviction, the specific crime convicted of, and the penalty imposed;
(vii) A statement as to whether or not the owner has ever had ownership interest in a Medical Marijuana Business, and, if so, the specific location of the business and the dates of such operation;
(viii) A statement as to whether or not the owner has been denied an application for a marijuana business license in any jurisdiction or has had such license suspended or revoked.
(2) A description of the nature and operation of the main type of business activity to be conducted upon the premises including a description of the products and the services to be provided by the Medical Marijuana Business;
(3) A description of the nature and operation of any other business to be conducted in conjunction with the Medical Marijuana Business, and the anticipated percentage of gross revenue to be derived from each respective business;
(4) The address and telephone number of the premises and the business, if different from the premises;
(5) The name under which the business and premises will be operated and verification of trade name filed with the secretary of state;
(6) A statement as to whether or not the owner will directly operate the Medical Marijuana Business, or whether an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;
(7) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage, interior dimensions, plans and specifications for the interior of the building, and layout for the business. Layout shall include, but is not limited to restricted access areas, principal uses for each floor area, areas of ingress and egress, and all security cameras;
(8) A map showing all schools, playgrounds, and public parks within a radius of one thousand (1,000) feet of the premises and all churches within a radius of five hundred (500) feet of the premises;
(9) The name, address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(10) A security plan that the business intends to install, employ and operate to meet all requirements of the Ohio Medical Marijuana Program pursuant to Section 3796:2-103(4) of the Ohio Revised Code including policies and procedures to ensure a secure, safe facility to prevent theft, loss, or diversion and protection of facility personnel;
(11) A delivery and transportation plan detailing the method and explanation of delivery and transportation and shipping services to the location in compliance with the Ohio Medical Marijuana Program, which plan shall include the names and registration numbers of the licensed employees transporting medical marijuana or medical marijuana products and proof of compliance with Section 3796:5-3 of the Ohio Revised Code;
(12) A copy of the title or lease to the premises and verification that all activities at the proposed licensed premises are permitted under the City of Wickliffe Planning and Zoning Code, Part 13, Codified Ordinances of the City of Wickliffe, Ohio;
(13) A copy of the Articles of Incorporation if the owner is a corporation;
(14) A copy of the Operating Agreement if the owner is a limited liability company;
(15) A copy of the Partnership Agreement if the owner is a partnership;
(16) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted;
(17) Statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants; and
(18) Any other information which the Safety Director may deem reasonably necessary for the full interest of the public in the application.
(c) Report of the Planning Commission. Upon receipt of an application for a license under this chapter, the Safety Director shall refer the application to the Planning Commission for a public hearing. The Planning Commission shall make specific findings on their record and issue a written report to the Safety Director within ten (10) days of the hearing, which contains the following information:
(1) Whether the licensed activity will not be materially detrimental to the public welfare, health, safety or morals, or alter the essential character of the locality;
(2) Evidence that the premises and Medical Marijuana Business thereon will create a fire, police, or safety hazard;
(3) Whether any owners and operators have any convictions for any felony or for any misdemeanor involving physical violence, gambling activity, controlled substances, minors or any crime involving moral turpitude; and
(4) Whether the location proposed for licensing complies with any and all zoning and land use laws of the City and any all restrictions on Medical Marijuana Businesses as set forth in this Chapter.
(5) Whether the Planning Commission has issued a Conditional Use Permit for the Medical Marijuana Business.
(d) Determination Process. The process to issue a Medical Marijuana License subsequent to the public hearing and the issuance of the report of the Planning Commission as set forth in this section shall proceed as follows:
(1) Safety Director. The Safety Director shall, within ten (10) days of the receipt of the written report, either issue such license or deny such license. The Safety Director has authority to refuse to issue any license for good cause, subject to judicial review;
(2) Appeal to Board of Zoning Appeals. In the event of the denial of the issuance of a License, the applicant shall be notified of such denial and the specific reasons therefore in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall have ten (10) days after receipt of such notice to appeal such denial by filing a written notice of appeal and the fee associated therewith with the Board of Zoning Appeals. Thereafter, the applicant shall have not less than ten (10) days' notice of the date, time and place of the hearing. The appeal shall be heard by the Board of Zoning Appeals, which, after hearing, shall issue a decision as whether to confirm or deny the determination made by the Safety Director. The Board of Zoning Appeals shall, at its discretion, determine to whether to issue a conditional or probationary license;
(3) Appeal to Court. The decision of the Board of Zoning Appeals may be appealed to a court of competent jurisdiction pursuant to Ohio Revised Code Section 2506.
(e) License Conditional on Approval of State Licensing Authority. Each Medical Marijuana Business License shall be approved only conditionally upon approval by the appropriate state licensing authority. Until such time as the appropriate state licensing authority has granted a Certificate of Occupancy to the Medical Marijuana Business, the License granted pursuant to this Chapter shall be considered a Conditional License.
(f) License Renewal. Each Medical Marijuana Business License must be annually renewed. At the time of renewal, a statement shall be filed with the Safety Director that the information listed on the original application for the license is still complete, accurate, and truthful to the best knowledge of all applicants, or a statement shall be filed with the Safety Director listing each and every item of information which has changed since the original application. The Safety Director shall determine whether to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license. The local licensing authority may deny the renewal of a license for good cause.
(Ord. 2017-56. Passed 11-13-17.)