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A provisioning certificate and city operating license are both exclusive to the applicant and location to which they were issued to. So technically they cannot actually be sold or transferred. However, the act of transferring a certificate or license to new ownership guarantees that a license would be available to the new owner at that same location, but they would still have to submit a full application including fingerprinting and background checks, and then be approved by the City Commission before a new certificate would be issued.
A license would be issued after the application has been entirely completed with approval of final inspections and the issuance of a state license. The main difference is the cost of the application fee. A transfer fee is currently $500 while a totally new license application fee is $5000 and an expired or rescinded provisioning certificate is not eligible for transfer at all.
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License status files for both medical and adult-use marihuana licenses are available to download. They are updated periodically. Information such as licensed facilities, active provisional certificates, pending applications, license totals and more is provided.
Medical Marihuana License Status
Recreational Adult-Use Marihuana License Status
There are property zoning requirements for each type of license. Properties must either be zoned commercial or industrial depending on the type of license. Facilities are not allowed in areas zoned residential. In addition, facilities are subject to setback distances from schools, law enforcement buildings, parks, and churches. The following resources are available to assist you in determining the zoning of a property.
Zoning Map - (PDF file) map of all zoning districts in Bay City.
City Interactive Map - Check an address for zoning & setback distance requirements in Bay City. Click the blue circle icon on the bottom of the page for the legend.
Property Zoning Requirements for Marihuana Facilities
Separation Requirements, property line to property line:
(1) At least one hundred (100) feet from a church or active religious institution.
(2) At least five hundred (500) feet from a Pre-K to 12 school.
(3) At least fifty (50) feet from a court facility or public safety office, including law enforcement centers and fire stations.
(4) At least one hundred (100) feet from public parks as identified in the City’s Parks and Recreation Plan. For the purposes of this Article, the Bay City Railtrail/Riverwalk non-motorized pathway is exempt from this requirement.
You can check any address within the city limits to see if it meets with zoning and setback requirements. Plug in any address and wait a few seconds until all the layers draw on the map. Use the legend at the bottom of the screen to check what all the pretty colors mean!
City Interactive Map - Check the address of a property location for zoning & setback distance requirements in Bay City. Click the blue circle icon on the bottom of the page for the legend.
The entire application process can take up to a year or more before you actually receive your city operating license. It mostly depends on how fast you receive city commission approval and complete your construction and/or renovations, and if you will need to go before the Planning Commission for site plan review or special-use approval; or the Zoning Board of Appeals if you will need to request any variances.
It is the applicant's responsibility to provide a copy of their state license. Operating without a city operating license is illegal and could lead to repercussions, penalties and fines.
Please submit your renewal application at least 60 days before your expiration date and allow 30 days for processing.
Please note: the attestation required by your state renewal application will not be provided without the renewal application process as outlined below.
It is the applicant's responsibility to provide a copy of their state renewal license as soon as possible to avoid any repercussion, fees or penalties of illegally operating without a valid city operating license.
Applicants having a 10% or greater interest in the company will need to have their fingerprints and background check ran. This also includes their spouses. This should only need to be done once and is not required for subsequent license applications. Applicants should contact Public Safety to make arrangements, especially if they are not local or out of state. Follow the directions on the information sheet included with the marihuana license application.
Please note background results will be sent to the applicant from the state and it is the applicant's responsibility to forward the original copy to Public Safety. Results could take two or more weeks to receive from the state.
It will typically take up to 3 months. A lot will depend on how complete your application is and if we need to contact you regarding application deficiencies that need to be resolved. The sooner any found issues are remedied, the sooner your application will be able to be reviewed by all relevant city departments and forwarded for City Commission approval.
Meetings are held every 1st and 3rd Monday of the month except for holidays. Applications must be submitted before the submission deadline for each meeting agenda. It is possible your application could be delayed two or three weeks waiting for the next scheduled meeting if it is not ready to submit until after a submission deadline has passed.
Please note: City Commission approval does NOT mean you are approved to commence operations. You will receive a provisioning certificate which signifies your application has been accepted for the chosen location. You must fully complete all steps of the application process in order for your city operating license to be issued.
Your C of O that the state requires from the Building Dept. does NOT mean you have been approved by the city - it only means that you passed your final building inspection for your renovations. You will still need to have final inspections performed by all departments.
It is your responsibility to notify us when renovations are completed and you are ready for them. You are not allowed to stock any inventory on the premises until final inspections have been completed and approved. Some departments may conduct on-site inspections and others may just check to make sure any issues noted on their initial reviews have been resolved or complied with before giving their approval. When all approvals have been received and the City Clerk verifies you have met the insurance requirements, your city operating license will be issued once you have provided a copy of your state license.
It is illegal to operate without a city operating license and you could face penalties and fines.
Once your application has been approved by the City Commission, a provisioning certificate will be issued. This certificate IS NOT a city operating license. It only signifies that your application has been accepted for you to open a facility at your chosen location. You must first complete the entire application process before a city operating license will be issued. A city operating license will need to be renewed annually and Its expiration date will sync with the state license expiration date.
A provisioning certificate will expire after one year from the date of issue. It cannot be extended or renewed. However, according to the ordinance, applicants that can demonstrate they are diligently working towards obtaining an operating license, such as having pulled permits and actively working on renovations, will be allowed to continue even if the certificate has expired. The city will not rescind an expired certificate if the applicant has open building permits that are current.
Inactivity with an expired provisioning certificate may be cause for the city to rescind it. Expired certificates are ineligible for new ownership transfer. Once a certificate has been rescinded, an applicant will need to start over with a new application and fee if the applicant wishes to continue.
Member changes such as the addition or removal of members need to be reported.
Removal of a Member:Provide notarized letters requesting the removal of the member(s) from the owner and from each member being removed. There is a $100 fee per member/ per license held by the entity.
Addition of a Member:Submit the New Member Packet Application and supporting materials for new members having 10% or greater interest. There is a $100 fee per member/ per license held by the entity.
You can amend or make a revision to the location address listed on your application by submitting our Address Correction Form. This form is simply for correcting errors in the address or for adding suite or unit numbers . It cannot be used for location changes. You would need to start the whole application process over with a new application and fee for a complete location change.
(This does not pertain to changing a DBA)You will need to fill out our Name Change Form and provide the required documentation. A name change can only occur if the exact company structure with the same members is being retained. Otherwise a new application for new ownership transfer with transfer application fee would be required. This would be essentially starting the application process over from the beginning.