§ 30-506. General license application requirements.

(a)

A person seeking a license pursuant to the Medical Marihuana Facilities Licensing Act and the provisions of this article shall submit an application to the city on forms provided by the city. At the time of application, each applicant shall pay a nonrefundable application fee to defray the costs incurred by the city for background investigations and inspection of the proposed premises, as well as any other costs associated with the processing of the application. In addition, the applicant shall present a suitable form of identification.

(b)

The applicant shall also provide the following information, under the penalty of perjury, on the city-issued form. Such information is required for the applicant, the proposed manager of the marihuana commercial entity, and all persons who are true parties of interest in the marihuana commercial entity that is the subject of the application:

(1)

The name, address, date of birth, business address, business telephone number, driver's license, and, if applicable, federal tax identification number.

(2)

If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the state, as applicable.

(3)

The identity of every person having any ownership interest in the applicant with respect to which the license is sought.

(4)

If the applicant is not the owner of the proposed licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a marihuana facility.

(5)

A copy of any deed reflecting the applicant's ownership of, or lease reflecting the right of the applicant to possess, or an option reflecting the applicant's right to purchase or lease, the proposed licensed premises.

(6)

Three stamped or sealed 24-inch by 36-inch drawings of the proposed licensed premises showing, without limitation, building layout, all entryways and exits to the proposed licensed premises, loading zones and all areas in which medical marihuana will be stored, grown, manufactured or dispensed.

(7)

A comprehensive facility operation plan for the marihuana commercial entity which shall contain, at a minimum, the following:

a.

A security plan indicating how the applicant will comply with the requirements of this article and any other applicable law, rule, or regulation. The security plan shall include details of security arrangements and will be protected from disclosure as provided under the Michigan Freedom of Information Act, MCLA 15.231 et seq. If the city finds that such documents are subject to disclosure, it will attempt to provide at least two business days' notice to the applicant prior to such disclosure.

b.

For grower and processing facilities, a plan that specifies the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the city.

c.

A lighting plan indicating the lighting outside of the medical marihuana facility for security purposes and compliance with applicable city requirements.

d.

A plan for disposal of any medical marihuana or medical marihuana-infused product that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal.

e.

A plan for the ventilation system for the medical marihuana facility. The building shall, at a minimum, be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through any exhaust vent will pass through an activated carbon filter. Negative air pressure shall be maintained inside the building so that odors shall not escape through traffic in and out of exit access doorways. There shall also be an established maintenance program to inspect the carbon filters regularly and to replace the filters per the manufacturer's recommendations or every 365 days, whichever is less.

For medical marihuana grow facilities such plan shall also include all ventilation systems used to control the environment for the plants and describe how the system operate and prevents all offensive odor from escaping the premises. For medical marihuana businesses that produce medical marihuana-infused products, the plan shall include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process.

An alternative odor control system may be permitted if the permit applicant submits and the city accepts a report from a mechanical engineered licensed in the state of state that demonstrates the alternate system will control odor as well or better than the activated carbon filtration system required.

f.

A description of all toxic, flammable, or other materials regulated by a federal, state, or local authority that would have jurisdiction over the business if it was not a marihuana business, that will be used or kept at the medical marihuana business, the location of such materials, and how such materials will be stored.

g.

For grower and processing facilities, an applicant must submit electrical plans for load review to Bay City Electric Light & Power for a primary/secondary load study. Applicant must prepay all costs associated with overbuilds that are necessary to meet the applicants required load before construction begins. Associated costs may include:

1.

Overbuild of primary/secondary utility lines and their supporting structures.

2.

KVA cost (transformer(s)).

3.

All labor and equipment cost.

Bay City Electric Light & Power reserve the right to deny electric service to any applicant based on failure to meet load acceptance review or load requirements that are not conducive to the location.

(8)

Prior to making a modification to a structure that would require a building permit or which would alter or change items required by this subsection, the licensee shall submit to the city detailed construction drawings showing at minimum, a full site plan, interior and exterior lighting requirements, the full mechanical heating and ventilation plan, a detailed security plan, before and after floor plans and specifications, non-rated and rated separation details and locations, accessible route from the public way to the accessible entrance, accessible route to the primary function and within the facility and accessible bathrooms. The licensee shall make application for a plan review and a building permit for the modifications to the premises, on forms provided by the city. Additional specifications may be required.

A building or structure constructed or renovated for use as a medical marihuana facility shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the enforcing agency.

(9)

Proof of insurance. A licensee shall at all times maintain full force and effect for duration of the license, worker's compensation insurance as required by state law, and general liability insurance with minimum limits of $1,000,000.00 per occurrence and a $2,000,000.00 aggregate limit issued from a company licensed to do business in the state. A licensee shall provide evidence to the city clerk of the ability to obtain a certificate of insurance for a valid and effective policy which discloses the limits of each policy, the name of the proposed insurer, the effective date and expiration date of each policy, the policy number, and the names of the additional insureds. When issued, the policy shall name the city and its officials and employees as additional insureds to the limits required by this section. A licensee or its insurance broker shall notify the city of any cancellation or reduction in coverage within seven days of receipt of insurer's notification to that effect. The licensee, permittee, or lessee shall forthwith obtain and submit proof of substitute insurance to the city clerk within five business days in the event of expiration or cancellation of coverage.

(10)

Whether an applicant has been indicted for, charged with, arrested for, or convicted of, pled guilty or nolo contendere to, forfeited bail concerning any criminal offense under the laws of any jurisdiction, either felony or controlled-substance-related misdemeanor, not including traffic violations, regardless of whether the offense has been reversed on appeal or otherwise, including the date, the name and location of the court, arresting agency, and prosecuting agency, the case caption, the docket number, the offense, the disposition, and the location and length of incarceration.

(11)

Whether an applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in state or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action.

(12)

Whether an applicant has filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over the filings concerning the payment of, any tax required under federal, state, or local law, including the amount, type of tax, taxing agency, and time periods involved.

(13)

A description of the type of marihuana facility; and the anticipated or actual number of employees.

(14)

One digital copy of the complete application submittal in an Adobe PDF format.

(15)

An acknowledgment and consent that the city may conduct a background investigation, including a criminal history check for each true party of interest and each proposed employee, and that the city will be entitled to full and complete disclosure of all financial records of the marihuana commercial entity, including records of deposit, withdrawals, balances and loans.

(16)

Any additional information that the community development department or public safety department reasonably determines to be necessary in connection with the investigation and review of the application.

(c)

Consistent with the MMFLA and Freedom of Information Act, MCLA 15.231 et seq. the information provided to the city clerk pursuant to this section relative to licensure is exempt from disclosure.

(d)

All marihuana commercial entities shall obtain all other required permits of licenses related to the operation of the marihuana commercial entity, including, without limitation, any development approvals or building permits required by any applicable code or ordinance.

(e)

If a deficiency is identified in an application, the applicant shall have five business days to correct the deficiency after notification.

(f)

Upon an applicant's completion of the above-provided form and furnishing of all required information and documentation, the city clerk shall accept the application and assign it an application number by facility type.

(g)

Upon receipt of a completed application, the city clerk shall circulate the application to the community development department, public safety department, assessing department, department of public works, and the electric department to determine whether the application is in full compliance with all applicable laws, rules and regulations.

(Ord. No. 2017-19 , § 1, 12-18-17; Ord. No. 2018-4 , § 1, 2-19-2018; Ord. No. 2018-7 , 5-7-2018)