(a) Within five (5) days of receipt of an application for a medical marijuana dispensary license, the Commissioner shall notify the Chief of such application. In making such notification, the Commissioner shall request that the Chief promptly investigate the information provided in the application and shall request that the Chief and Commissioner promptly inspect the premises for which the medical marijuana dispensary license is sought in order to assess compliance with the regulations under their respective jurisdictions.
(b) The Chief and the Commissioner shall begin their respective investigations and inspections promptly upon receipt of notice of an application. The Chief and Commissioner shall provide the results of their investigations, including written certifications of whether the premises and applicants are in compliance with the laws and regulations under their respective jurisdictions, within sixty (60) days of receipt of notice of the application.
(c) The Commissioner's inspection of the premises for which a medical marijuana dispensary license is sought shall include an investigation as to whether the premises are in compliance with the Ohio Basic Building Code, the Village Building Code, the Village Planning and Zoning Code, and the provisions of this chapter related to physical characteristics of the premises.
(d) Within ninety (90) days after receipt of a completed medical marijuana dispensary license application, the Commissioner shall approve or deny the issuance of a license. The Commissioner shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(3) No person identified in the application pursuant to Section 739.06
(b) or Section 739.06
(c) of this chapter has been denied a license to operate a medical marijuana dispensary or has had a license to operate a medical marijuana dispensary revoked within the preceding 12 months by any jurisdiction.
(5) The proposed medical marijuana cultivator, processor, or dispensary would violate or fail to be in compliance with any provisions of the Village Building Code, Planning and Zoning Code, or General Offenses Code, or state statute or regulation.
(6) The application and investigation fee or a prior license fee required by this chapter has not been paid in full.
(7) An applicant is in violation of or in not in compliance with any provision of this chapter, except as provided in subsection (e)(1) of this section.
(e) If the Commissioner determines that one or both of the following findings is true, the license issued pursuant to subsection (d) of this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
(1) The results of inspections of the premises by the Chief or the Commissioner indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapter related to characteristics of the physical premises. This subsection shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsections (d)(1) through (d)(7) hereof.
(2) An applicant is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(f) If the Commissioner determines that no other grounds for denial of a license exist under subsection (d) hereof, the Commissioner shall not delay approval of the application past the end of the 90-day period provided in this section solely because the Chief has not provided the Commissioner with the results of his inspection of the premises; the results of the Commissioner's inspection of the premises are not available; or the Chief has not completed his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Commissioner receives information from his investigation which he determines constitutes grounds for denial of a license under subsection (d) hereof, then the medical marijuana dispensary license issued pursuant to this subsection (f) hereof shall be immediately revoked. If after approving the issuance of a license, the Commissioner receives information concerning the results of inspections of the premises by the Chief, or the Commissioner's inspection, which the Commissioner determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (e) hereof, then a requirement shall be added to the terms of the medical marijuana dispensary license issued pursuant to this subsection (f) hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(g) A medical marijuana dispensary license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the licensed medical marijuana dispensary. All medical marijuana dispensary licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(h) The Commissioner shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2021-42. Passed 8-4-21.)