[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
Prior to commencement of operations, a cannabis business shall
be subject to a mandatory building inspection and must obtain all
required permits and approvals which would otherwise be required for
any business of the same size and intensity operating in that zone.
This includes, but is not limited to, obtaining any required building
permit(s), fire department approvals, Health Department approvals
and other zoning and land use permit(s) and approvals.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
Prior to commencing operations, a cannabis business must obtain
a certification from the Zoning Officer certifying that the business
is located on a site that meets all of the requirements of the City's
Zoning and Municipal Code.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
As a condition precedent to the City's issuance of a cannabis
business permit pursuant to this Chapter, any person intending to
open and to operate a cannabis business shall provide sufficient evidence
of the legal right to occupy and to use the proposed location. In
the event the proposed location will be leased from another person,
the applicant shall be required to provide a signed and notarized
statement from the owner of the property, acknowledging that the property
owner has read this Chapter and consents to the operation of the cannabis
business on the owner's property.
[Added 3-15-2022 by Ord.
No. 66-20; amended 6-21-2023 by Ord. No. 67-37]
To the fullest extent permitted by law, the City of Linden shall
not assume any liability whatsoever with respect to having issued
a cannabis business permit pursuant to this Chapter or otherwise approving
the operation of any cannabis business. As a condition to the approval
of any cannabis business permit, the applicant shall be required to
meet all of the following conditions before they can receive the cannabis
business permit:
a.
They must execute an agreement, in a form approved by the City Attorney,
agreeing to indemnify, defend (at applicant's sole cost and expense),
and hold the City of Linden, and its officers, officials, employees,
representatives, and agents, harmless, from any and all claims, losses,
damages, injuries, liabilities or losses which arise out of, or which
are in any way related to, the City's issuance of the cannabis
business permit, the City's decision to approve the operation
of the cannabis business or activity, the process used by the City
in making its decision, the alleged violation of any federal, state
or local laws by the cannabis business or any of its officers, employees
or agents.
b.
Maintain insurance at coverage limits, and with conditions thereon
determined necessary and appropriate from time to time by the City
Attorney.
c.
Reimburse the City of Linden for all costs and expenses, including
but not limited to, attorney fees and costs and court costs, which
the City of Linden may be required to pay as a result of any legal
challenge related to the City's approval of the applicant's
cannabis business permit, or related to the City's approval of
a cannabis activity. The City of Linden may, at its sole discretion,
participate at its own expense in the defense of any such action,
but such participation shall not relieve any of the obligations imposed
hereunder.
