§ 5.90.220. Acceptance and procedure of business license permit applications.  


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  • The City Manager shall issue Business License Permit application forms and all required supplemental documents required from applicants within ten (10) days after this Chapter has taken effect. Any Medical Marijuana Business desiring a Business License Permit required by this Chapter shall, prior to initiating operations, complete and file an application on a form supplied by the City, and shall submit the completed application to the City Manager with payment of a nonrefundable processing and notification fee not to exceed the annual Business License Fee set forth in this Chapter. After the City Manager has complied with this Section, the City Manager shall cause to be conspicuously posted on the City's website a public notice of availability. For Medical Marijuana Dispensary License Permit applications, the notice will appear on the City's website for ten (10) consecutive days, immediately prior to the opening of the application period. The notice shall specify that the City Manager will receive applications for further processing and consideration for thirty (30) days after the ten (10) day notice period expires (the "Medical Marijuana Dispensary Business License Permit application period"). The notice shall also specify the specific terms and procedures for conducting the public lottery set forth in Section 5.90.070. For all other Medical Marijuana Businesses, the notice shall remain posted with no expiration deadline.

    The City Manager shall review each application upon submission and ensure that the ap- plication is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. Any notices required by this Chapter shall be deemed issued upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided. In addition to notice by mail and personal service, the City Manager shall contemporaneously give notice by electronic mail to the e-mail address listed on the application. At the conclusion of the Medical Marijuana Dispensary Business License Permit application period, the City Manager shall have forty-five (45) days to complete a review of the applications (the "application processing term") and shall assign points to each Applicant in accordance with Section 5.90.070. Five (5) days from the date the conclusion of the application period term, the City Manager will post the point priority rankings on its website and mail and e-mail written notification to each Applicant indicating the total points assigned, and the Applicant's rank.

    Once the City Manager deems an application complete, the City Manager shall determine the availability of business license permits for the applied for use and, if such availability is not limited or restricted by this Chapter, or the City Manager can approve the application without exceeding the limited or restricted number of available license permits subject to the priority rights set forth in this Chapter, shall approve the application and issue the license permit within one (1) business day. If necessary, within fourteen (14) calendar days after the date of notice of point priority is posted on its website, the City Manager shall conduct the public lottery as set forth in Section 5.90.070 in accordance with previously published lottery procedures. All other Medical Marijuana Business licenses permits shall be processed in the normal course of business, but in no event shall the City Manager unreasonably delay the approval process. Medical Marijuana Business License Permits may be approved contingent upon issuance of approved building plans.

( Measure MM § 4, 11-8-2016)