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HomeMy WebLinkAboutMM Commission Packet-Taghrid Mansoor 8-17 y�N S I �G Chris Swope r Lansing City Clerk cHIG �' Timeline Taghrid Mansoor — Capital Dank 1202 S Washington Avenue Lansing, Michigan 48910 December 14, 2017 — Application submitted December 21 , 2017 — Department Review of Applications Begins May 21 , 2018 — Scoring & Ranking Denial Letter Sent... ... ... ... ... ... ... ... ..1 May 31 , 2018 — Request for Hearing Officer Appeal submitted.................6 June 8, 2018 — Appeal to Hearing Officer June 14, 2018 — Hearing Officer Denial ... ... ... ... ... ... .... ... .... ... ... ... ......10 June 18, 2018 — Hearing Officer Denial Letter Sent... ... ........ ... ... ... ... ... .12 July 10, 2018 — Appeal submitted... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 14 Lansing City Clerk''s Office Ninth Floor, City Hall, 124 W Michigan Ave, Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov « u • \ / G \� § aaQ _ � 2 ) \ ƒ 7kk - _ $ �% j j -CL § m ee ® * � / w § w {; ® & 2 0 § ca - E ~ � @ ? -T e 2 E 2 - [ § ga a ƒ / k / S G & � \ § \ co m 2 ƒ o § ol e / LL � ��-E ~ / 0 2 � G _ /\y 7 k C co t U < 2 k m § 7f ( / / k Cl) r F / c / 0 c « {)\ f \£ \ § c CD =R% Q e = 2 0 £ * © , § & EL g %/6 m �.�# E � « .� °_! / ) © \ w < C \ U) e_f f — @ m D » {}( I co % k k k § [ [ A f a ® m 2 U ƒ > » o 3 «c 2 2 2 7 » b o n & /ƒ} m E / 2 k 2 7 /{) r0E E5 � < a] 2 e 7 5 c § ,$ \} k k ) § k ( § . V \eo # § 7 § 7 R k �\) + ± ) 7 « \% V\ § _@ca U a 2 w U G m \} 2 r �LL, 2 - E � _ § |{ �k �k § \\\\ < o EL S, )§ / E * & � .2) LL ( 4)!] . � Cl) IT V) , } . Sr �'G Chris Swope "• Lansing City Clerk .e"C G May 21, 2018 Taghrid Mansoor Capital Dank 2088 Edgestone Dr Sterling Heights, MI 48314 Dear Provisioning Center Applicant, The Lansing City Ordinance section 1300.6 discusses Provisioning Center license application evaluation. Your score of 50 out of 100 eliminates the possibility of scoring in the top twenty. Therefore, your application for licensure is denied. Attached are your sub-scores based on the criteria posted on https:Hlansingmi.gov/1637/Medical-Marijuana and a brief summary of determining factors for each sub-score. You will not be selected to receive a Provisioning Center license i.n the City of Lansing for the proposed business at 1202 S Washington Ave. You have the right to appeal this denial of licensure within 14 days of the date of this letter by filing with the City Clerk's Office a written statement setting forth fully the grounds for the appeal pursuant to Chapter 1300.15(c). Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review the appeal and information submitted by the City Clerk. The hearing officer will consider the information and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all information in your written appeal that you would like the hearing officer to consider. Appeals are limited to materials provided during the application process. No new application material will be considered on appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W Michigan Ave, Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk rity.clerk@lansingmi.gov -2- If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, CW4- Chris Swope, Master Municipal Clerk Lansing City Clerk CC: City of Lansing Law Department Lansing City Clerk's Office. Ninth Floor, City Hall, 124 W Michigan Ave, Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk r.ity.clerk@lansingmi.gov -3- City of Lansing Provisioning Center Ranking Total Applicant Name Possible MAN SO TAGHRID MANSOOR Points Applicant Address — WASHIN 1202 S.WASHINGTON ST. — — Scoring Insights Applicant indicates they plan to market through social media and Marketing,Advertising and Promotion legitimate marihuana web sites.Will monitor social media daily 4 2 to deter minors from engaging in the company's social media. Lacks an optimal amount of general marketing,advertising, promotion,and minor minimization examples and details. Applicant indicates the provisioning center at 1202 S.WA St.has Tangible Capital Investment in the City of been In operation from May 2013 to August 2016 by Quality Lansing Alternative Medicine and by Capital Dank(the applicant)since (Investment In applicants other provisioning then.The 1,400 sq.ft.building Is leased.The applicant purchased centers was not Included In score) 15 6 the adjacent property(1204 S.WA)and Is seeking permit approval From the City to upgrade(at a cost of$50K).Plan to combine the properties into a state-of-the-art PC.tacks provisioning center ownership,any link to other medical marihuana operations(grow, processing,etc.)and less than optimal amount of tangible capital investment. Job Creation Applicant indicates there will be seven workers employed to upgrade the 1202 and 1204 S.WA St.properties and 10 5 1 employees at the provisioning center.Also discuss annual employee training.Lacks sufficient details and falls short of an optimal number ofjobs. Financial Structure and Financing Applicant Indicates the provisioning center is self funded and that they maintain additional assets as capital needs are required. 3 3 Provide a CPA attestation stating the applicant maintains at all times a minimum of unencumbered Inventory valued at least $150K and cash holding for operations of at least$501K. Plans to Integrate Facility with Other Establishments 2 0 Applicant does not Indicate any plans to Integrate the provisioning center with a grower facility or other establishments. Applicant plans to contribute financially by way of backpack Charitable Plans and Strategies distribution for schools,food for the homeless,to local law 4 2 enforcement,and help where community needs arise. Lacks a dollar commitment amount and proof of any actual payment or executed agreement. Number of Jobs at the Provisioning Center Category Thresholds:1=<Slabs,Insufficient details;2=<6 jobs,sufficient details;3=6 Applicant indicates there will be seven workers employed to jobs,sufficient details;4=>6 jobs upgrade the 1202 and 1204 S.WA St.properties and 10 Insufficient details;5=>6 jobs, 5 4 employees at the provisioning center.Also discusses annual sufficient/good details. employee training.Falls short of an optimal level of details. Amount and Type of Compensation(PC) Applicant Indicates that all provisioning center positions will pay 2 1 at least$15 per hour but does not provide an optimal amount of support details. -4- City of Lansing Provisioning Center Ranking heelnoyees Earning At Least (PC) 3 3 Applicant indicates all provisioning center employees will earn> $15/hour. l Budget and Revenue(PC) Applicant states projected annual operating expenses will be 2 1 about$1 million and revenues will be about$7 million.However, no supporting details provided. Applicant does not provide litigation compliance verification l Resources forms for all key team members(i.e.,only Mansoor).Applicant S 3 provides a CPA attestation stating the applicant maintains at all times a minimum of unencumbered inventory valued at least $150K and cash holding for operations of at least$50K.Lacks an optimal amount of detall. Business Experience Applicant Indicates they have 1.5 years of provisioning center 5 3 operating experience,plus more than 15 years ofother business experience(account management,business management).Lacks an optimal amount of applicable buslness experience. Content and Sufficiency of Information; Professionalism of submitted documentation 5 2 Min submitted.No goals or outreach planned. including clear labeling of required items Buffering between residential zoned areas and establishment 5 4 no buffering but fair distance from homes Increased traffic on side streets will be scored lower 5 4 Minor traffic issues Entrance and exit on main streets,adequate parking not on residential streets,quality of 10 6 Minor parking issues Security Plan Plan to meet with neighborhood organizations, 1 0 no plan Improvements made or proposed to building 3 0 No Improvement plan Plan to minimize/eliminate traffic 1 1 traffic plan included Plan to minimize/eliminate noise Z 0 no noise plan Plan to minimize/eliminate odor 3 0 no odor plan LPD Complaints 4 2 1 fraud call-2 medical calls,0 calls Demo of Regulatory Compliance 4 2 no tax history,trash fee Litigation History 2 0 no lit histroy for either stakeholders Total 100 5o -5- BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, MI 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: brllce.rosenthal(Cuatt.net May 30. 2018 Mr. Chris Swope Lansing City Clerk Lansing City Clerk's Office Ninth Floor, City Hall - 124 W. Michigan Ave. Lansing, MI 48933-1695 Citv.clerkLw;lansin�mi.t:ov Re: Notice of Appeal — Application Evaluation 1202 S. Washington Ave. NOTICE OF APPEAL OF APPLICATION EVALUATION FOR PROVISIONING CENTER PER LANSING CITY ORDINANCE SECTION 1300.6 Please accept this Notice of Appeal of their Application Evaluation on behalf of Taghrid Mansour doing business as Capital Dank— 1202 Washington Ave,, Lansing MI. The Lansing City Clerk's Office notified Ms. Taghrid Mansour of Capital Dank on May 21. 2018 that due to your score Taghrid Mansour was eliminated from the possibility of lieensure and denied their application. This letter (filed within 14 days of Notice by the Lansing City Clerk's Office) is based upon the accuracy and standard by which the proposed scoring system was applied to Taghrid Mansour/Capital Dank. The scored numbers and the proposed scoring insights were not indicative of the application materials submitted. Attached to this Notice of Appeal you will find our Freedom of Information Request to the City of Lansing seeking all scoring conclusions, adaptations, notes, systems and scoring criteria for Taghrid Mansour/Capital Dank and all other Provisioning Center Applicants. 1 -6- Very truly yours, Bruce F. Rosenthal, Esq. cc: Robert A. Ficano, Esq. Ms. Taghrid ManSOUr BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180, PMB 116 WEST BLOOMFIELD, Mf 48323 (248) 464-9803 PHONE (248) 430-0805 FAX Email: brUce.rosenthal Lcbatt.net FREEDOM OF INFORMATION ACT (FOIA-REQUEST) May 30, 2018 FOIA Coordinator Ms. Amanda O'Boyle Assistant City Attorney 124 W, Michigan Ave. Fifth Floor Lansing, MI 48933 FOIA.Request@y Lansingymi.gov Fax No. 517-483-4018 Re: 1202 S. Washington Ave. Lansing, MI 48912 Dear Ms. O'Boyle, Please be advised that Robert A. Ficano and I represent Taghrid Mansour, LLC and Capital Dank with respect to their Provisioning Center Application located at 1202 S. Washington Ave., Lansing, MI 48912. Under the Michigan Freedom of Information Act we are requesting any and all copies of the City of Lansing scoring guidelines, scoring criteria, scoring evaluations, notes, insights.,reviewers and all items contained in Taghrid Mansour (Capital Dank) scoring file. We are also hereby requesting all criteria, evaluations, scoring insights and total points issued for all Provisioning Center Applications submitted to the City of Lansing. This FOIA Request is from December 15. 2017 through May 31, 2018. Please notify me of any costs or fees associated with this FOIA request and they will be paid. In addition if there is a denial of any part of this FOIA request please notify my office,or rily cell phone at 248-464-9803 or e-mail at bru ce.rosenthal(Z—vatt.net Thank you for your attention to this matter and your anticipated cooperation is greatly appreciated. -8- Thank You for your attention to these matters and we will await your response to the FOIA requests and preserve Our Appellate time. Very truly Yours, Bruce F. Rosenthal,Esq J- Robert A. Ficano, Esq. 2 Wary M. Barnard Attorney at Law CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION In Re: Taghrid Mansoor D/B/A Capital Dank Provisioning Center License Scoring and Ranking Denial This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to TAGHRID MANSOOR D/B/A CAPITAL DANK and its license application for a Medical Marihuana Provisioning Center that the application remain denied. FACTS TAGHRID MANSOOR d/b/a Capital Dank ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about March 15, 2018 Appellant was denied based on deficiencies in its waste/sanitation plan and appealed March 21, 2018. This recommendation follows an appeal submitted on May 30, 2018 simultaneously with a Freedom of Information Act(FOIA)request addressed to the City Attorney. By letter dated May 21, 2018, Appellant was informed that its license application was denied because of its score and rank, having received a score of 50 out of 100. Appellant was informed that this score eliminated the possibility of scoring in the top twenty applicants. Appellant was also informed that it had the right to appeal the denial within 14 (fourteen) days of the letter's date by written statement with grounds for appeal. With the May 21 letter, Appellant was provided a copy of the City of Lansing Provisioning Center Ranking sheet. On the document, appellant is able to view the total possible points, its attained points, and short insight statements The largest deficient categories of Appellant's scoring indicate that under Tangible Capital Investment Appellant earned a 6 out of possible 15; and a 6 out of 10 in Entrance and Exit on Main Streets etc. Appellant states in its Notice of Appeal of Application Evaluation that it was eliminated from the possibility of licensure and its application denied. Appellant stated "[t]he scored numbers and the proposed scoring insights were not indicative of the application materials submitted,"' The appeal request also referenced a FOIA request in which Appellant requested "City of Lansing scoring guidelines, scoring criteria, scoring evaluations, notes, [and] insights[.]"' See Bruce F. Rosenthal & Robert A Ficano,NOTICE OF APPEAL OF APPLICATION EVALUATION FOR PROVISIONING CENTER PER LANSING CITY ORDINANCE SECTION 1300.6(May 30, 2018). z See Bruce F. Rosenthal &Robert A Ficano, FREEDOM OF I INFORMATION ACT(FOIA-REQUEST) (May 30,2018). Par- ' -`2 -10- Hilary M. Barnard Attorney at i._aw No further documentation was provided to Hearing Officer for review in this matter. APPLICABLE LAW & REASONING The issue is whether Appellant's score and rank for a Provisioning Center License for the City of Lansing was erroneously calculated resulting in license application denial. It is not enough for an appellant to"simply announce a position or assert an error[.]"'Thus leaving the overseer of appeal to "discover and rationalize the basis for his claims, or unravel and elaborate for him his arguments, and then search for authority to either sustain or reject his position."' "Failure to brief a question on appeal is tantamount to abandoning it."' Here, Appellant has not provided an articulable reason why documentation provided should have been sufficient or why its score is inaccurate. Appellant instead submitted a FOIA request for materials that are available since the moment of application and prior.b Appellant's strongest deficient areas were not addressed in this appeal, no additional documentation was submitted, nor were arguments made for why the documents originally provided should have been sufficient. Thus, this Hearing Officer is forced to conclude Appellant has abandoned its argument on this appeal.' CONCLUSION For the foregoing reasons, it is recommended that Appellant's application for a provisioning center license remain denied. Respectfully Submitted, �� X--L�— Hilary .Barnard, Hearing Officer 'See People v. Kevorkian, 248 Mich. App. 373, 389(2001). 4 Id. s Id. (citing Mitcham v. Detroit,355 Mich. 182,2013 (1959);see also Houghton ex rel.Johnson v. Keller,256 Mich. App. 336,339-40(2003);Henderson v. Mich. Dept. of Treas., 307 Mich. App. 1,23-24(2014). e Scoring guidelines have been available via the City of Lansing website. Appellant is also in possession of its notes on scoring and noted insights. It should also be noted that the decisions on and the appropriate scope of the FOIA request is not within the purview of this appeal nor the purview of this Hearing Officer. ' In reviewing original materials submitted with application, it appears that though Appellant provided documentation it was not sufficient in detail or in breadth to merit a higher score in the categories. At best,a point or two could be allocated but Appellant's score will still be too low to attain a top 20(twenty) score. Page 2 of 2 -11- @;n, ƒ ƒ7ƒ§/ 2 °2 &kea / / R ( k / / �) 7 \i%{ R 0#!:a < O] Er _ � 7 E�aA m o \ \ \ kk ° } CD o \�\ ® o0 w � � w / m/\E\ � \ ( I { § f \ 0 ;u 2 �}(f k % aa J � d � CD 0C' 0 o E = g o 2 ; ! a 5 m_ $ ° § ~{f 2 \ } / \ \ k 2 =1M ) o 7 ? _ C; § CD ] $ = oc = EZE = E }kI ƒ? m ƒ 0 ° jfc � K m � a ; A � - 2/S . � _ 2 _ raCTa ® � E ;_� a _ � ) &�.� o /k$ 0 ° « !� i 20 Q CO(a 2 mom = E { - I \ ( \ta 7 / o Q @ ) W g } EL E E ) L0 \{( 3 Lj 7 / \ k \ { / j % 7c= s z o 2 J /\ / }0� 2 ƒ / ° / ( rD Cl. c 9 m k ) � ( 0 / � ° ® 0) 0 ƒ ) _ \I/ Q m ] 0 20F ® 7 '0 0 \} }CD \ 0 (\0 C. 2 & CD }/} OL .0 [ § ° CD C as _ oc , ; � � $ / } \ j m } f -l/- y�N S I �G Chris Swope r G Lansing City Clerk cHIP June 18, 2018 Taghrid Mansoor 2088 Edgestone Sterling Heights, MI 48314 Dear Provisioning Center Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the Scoring and Ranking denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1202 S Washington Ave. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, C;A1_0 i)� Chris Swope, CMMC City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 _13_377-0068 FAX www.lansingmi.gov/clerk L;iiy.clerk@lansingmi.gov TAGHRID NNIANSOOR (CAPITAL DANK) APPEAL OF LANSING CITY ORDINANCE SECTION 1300.6 APPLICATION EVALUATION APPEAL TO MEDICAL MARIHUANA COMMISSION MARIHUANA PROVISIONING CENTER Submitted by, Robert A. F►cano, Esq. and Bruce F. Rosenthal, Esq. TABLE OF CONTENTS Pages Table of Contents 7 Index of Exhibits 3 Statement of Issues Presented 4 1. Introduction 5 2. Statement of Facts 5 3. Scoring Categories 6 Law and Argument 8 Requested Relief 9 -15- INDEX OF EXHIBITS Exhibit I — Email from Lansing City Clerk, Provisioning Center- Application Evaluation- Score 50 Exhibit 2 — Taghrid Mansoor (Capital Dank) Freedom of Information Act Request from attorneys Robert A. Ficano and Bruce F. Rosenthal dated May 30, 2018 Exhibit 3 — Notice of Appeal of Application Evaluation Dated May 30, 2018 Exhibit 4 — Letter from Ms. Amanda O'Boyle of the Lansing City Attorney's Office dated June 8, 2018 denving our Freedom of Information Request Exhibit 5 - City of Lansing Hearing Officer Decision Recommendation Exhibit 6 - Letter from Lansing City Clerk Chris Swope dated June .18, 2018 confirming denial of the Scoring and Ranking of Taghrid Mansoor (Captial Dank's) application to operate a INIedical Marihuana Provisioning Center on the City of Lansing, at at 1202 S. Washington :Ave. Thirty day right to appeal from the date of this letter. 3 -16- STATEMENT OF ISSUES PRESENTED 1 . WAS THE LANSING CITY CLERK'S DECISION SUPPORTED BY COMPETENT, MATERIAL, and SUB:STANTIAI-, EVIDENCE'? Appellant Answer: No 2. SHOULD THIS COMMISSION REVERSE THE LANSING CITY CLERK'S DECISION TO DENY APPELLANT'S APPLICATION BASED UPON AN ARIBITR.ARY SCORING SYSTEM? Appellant Answer: Yes 4 -17- I) lnh-oduction This Appeal involves the arbitrary- scorim- bv the Lansing Cite Clerk's office ofa local business that has been operating in the City of Lansing under lMichigan Law as a licensed caregiver center under the Michivan %yledical \Marihuana :act. On or about Vlay ?1. 2018 Appellant's Application \vas denied based tipon a scare of their application materials of 50 out of 100. The Hearing Officer in this matter conlirilled the City Clerk's Decision as Out' 1-reedOln O Information Act request \vas pending. As CIISCLISStd below Arbitrary Scoring Numbers were used by the evaluators in determination of the Appellant's score of-50 points. Appellant has therefore filed the instant Appeal as its only ayeMle to Seek review of its status In the City of Lansing and recILICStS this COmmiSSion to reverse: the City Clerk's decision Clue to lack of Competent material a11d SUbStailliVe C%`ideilCe. c_ri II) Statement of Facts _ CD -- A. .lppellant-s NVvIPC Application s Appellant_ Fauhrid Mansoor ("Capital Dank") has operated as a licensed caregiver under the \Michigan Medical \•larihuana act at 12021 S. Washington St.. Lansing. MI 48910. C.'apital Dank timely tiled its application for a I MyMPC license with the City of Lansing, on December 14- '()1 7. Said application was filed in a three ring binder with Sections :\-Y and all 25 elements reClUested by the Cite of Lansing's Clerk's Office were reviewed and approved by 111e [.ans111(_1 City Clerk. 5 -18- On or about Nlay ?1. 1015 Appellant received a letter/email from Chris Swope. Lansing City Clem stating the following: 'Lhe Lansing Cite Ordinance section 1300.6 discusses Provisioning Center License :application Evaluation. Your score of 50 out of 100 eliminates the possibility ofscoring in the top twenty. Therefore. your application for licensure is denied... Appellant was unable to make contact with the Lansing Cite Clerk for determination and criteria for the scores presented so they tiled a Freedom of Information Act Request \with the Lansing Cite Attorney's Office which Was denied, We are left with arbitrary and capricious standard of-scoring without explanation to this :Appellant. III Scoi-in6 Cate6oi-ies/Points/lnsiQlit A) `Marketing, advertising and Promotion Possible Points- 4 :Score- Insight- Lacks an optimal amount of general marketing B) Tangible Capital Investment in the (.'itv ul'Lansili Possible Points- I5 Score- 6 Insight- Lacks provisioning center o,,�nership. Less than optimal amount of tangible capital investment La - b - C: -19- C) .lob Creation Possible Points- Score- 1 Insight- Falls short of optimal number of'obs at 10 D) Charitable Plans and Strateuies Possible Points- 4 Score- 2 Insight- Lacks dollar co11 mitinellt F) Content and Sufficiency of Information Possible Points- Score- Inslullt- %Min. submitted F.) Entrance and Exit on main streets Possible Points- 10 Score- 6 Insight- Minor parking issue: 1' ) Improvements made or proposed to bu IC11110 Possible Points- i Score- (_) Insight- No improvement plan - 1.:.. C;) 1-itivation I listory Possible points- ;=— ._. -20- Score- 0 insight- No lidization history There are a number of additional categories which were scored «1t1101.11 SUfflClent basis and it is Appellant's belief without full review of their Application i\-laterials as evidenced by the 111slull't Comments. The reason For Appellant's FOIA request ryas to obtain all information reviewed by tie City Clerks Office in making their determination inCfUding but not limited to all scor1112. ��Uldelines. criteria, eValliation. Motes, reviewers and all items contained in Appellants scorings file. `Ve further requested all criteria used in Prop isionino Center Applications submitted to tite City of Lansin" and Nvere denied. It is \ppellant's counsel belief that all of the information requested in our Freedom oC Information request should be provided to :appellant but \vas improperly denied. IV Ara!umentS A) Standard of'Review _ ` r: The applicable Standard For Review is whethei' the Lansing Cite Clerk's decisimi,is supported bV competent. material and substantial evidence on the record. and represent-S the reasonable exercise (if the Board's discretion. "Substantial L-vidence is evidence that a reasonable person would accept as SUCFicient to support a conetusion. Edward C. Levy Co,v \jarnic City Zoning_ Board oI Appeals. 291 Mich App 33333. 141-42. 810 `W`2ci 621 (2011) quotinyt C)owerk v. Charter CowtlshiL of C)xford. 2I N-1ieh App 62. 72: 592 N\ 2d 724 (1998), B) The City Clerk's decision was 1111S1ipp01'ted b\ competent. material and substantial eviclence 8 -21- fhe cit) Clerk made his scoring deteImination to deily Appella►lt's Application based upon undisclosed arbitrary and capricious evaluations Will outside the competent. material and Substantial evidence contained within the application materials. Vbhen requests to the Cite of Lallsin��J for facts and evidence of the, who. what. when. where and wh.- of the scoring evaluations the citv's response was improperly- "Request Denied This is in complete violation oi'the Federal and I\'llchl2an 1`reedolll of Informatfoil Acts. The hest conclusion anyone reviewi1lU this Issue can take is that we don't know what criteria was used to determine the Appellant's score. This is not a sufficient standard for the parties to be provided with. V Reg uestecl Relief It is clear in this case that Appellant's Application was wrongfully denied and that it has ►low been 11111airly required to close its business and its ability to operate. This denial and the arbitrary scorin�z results are clearly inappropriate. WHEREFORE Appellant respectfully requests that this Commission order the City of' Lansing to reverse its decision and allow :appellant to re-open its tacilit} Respectfully submitted. Robert A. Ficallo BRICe F- Rosenthal ... 9 -22- PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon all parties to the above cause to each of the A attorneys of record herein at their respective addresses as directed on the pleadings on July 9,2018 by: i a C-E-MAIL ❑ FIRST CLASS MAIL ❑ FAX ❑ HAND DELIVERY ❑ UPS ❑ FEDERAL EXPRESS Bruce F. Rosenthal r �a r• � 10 _ -23- Exhl-b, lt 66 99 -24- Subject: Fwd: Provisioning Center Application Update From: Terry (terry9893@aol.com) To: steinlawpllc@g mail.com; bruce.rosenthal@att.net-, Date: Monday. May 21, 2018 1:14 PM Sent from n1v iPlione Beduin forwarded iliessa0e: From: "Biehler. Deb" <Deb.Biehler'a:lansinurni.,o\•> Date: 21, 2018 at 1 1 :40:16 ANt EDT To: 'AerrV9893:u aol.colll"" <terli'989 3 (1 aol.coni> Subject: Provisioning Center application Update Dear Provisioning Center Applicant. ; The Lansing Cite Ordinance section 1300.6 discusses Provisionin! Center license application evaluation. Your score of 50 out of 100 eliminates the possibility of scorin�� in the top twenty. Therefore. your application for licensure is denied. .-Ntlached are \•our sub-scares based on the criteria posted on hops:; latlsin�_nli.�ao� '1637iNledical-\Marijuana and a brief Sllnlnlary of deternlining factors .for each sub-score. You will not be selected to receive a Provisioning Center license in the Cite of' Lansing for the proposed business at 1202 S Washington Ave. You have the right to appeal this denial of 11MISLlre Within 14 da\•s of the date of this letter b\- filing \\itll the Celt}- Clerk's Office a written statement setting forth fully [lie ::rounds for the appeal purSLiant to Chapter 1300.1 j(c). Please note that initial appeals are referred to a hearing officer appointed b\- the City Clerk who \\gill review the appeal and inl'Ornlation submitted by the City Clerk. The hearing officer will consider the information and make a reconinlendation to the Cit\ Clerk. who will make a decision on the appeal. fo encourage efficiency. appeals will be conducted as a paper hearinu. without oral presentation. Please Cnsurc that \'ou include all infort-nation in \-our written -25- appeal that you -would like the hearing officer to consider. :appeals are limited to materials provided during, the application process. No riew application material will he considered on appeal. Chapter l 100 provides that should the applicant not receive a license. one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have beLIun business operations pursuant to State ( nlerCYency RLile 19 and Executive Order�2017-0?. you must cease operations. Operations may resiune only if your appeal is granted and the requirements of the temporary operation are satisfied. SIncerely. Chris Swope. !k4aster Municipal C lkfi-k Lansing City Clerk CC: Cite of Lansing Law Department Dch Biehler 11rc/irul a(urlhuuinr J1?Cc,icili 1 Lansing Cite Clerk's Office 124 W. MiChi4�an A\CnuC Lansing. \11 48911 t): 517-481-4 112 l.:av 517--'77-0U(- i; >, r - 1h;b.Biehler e(lansinunii.LIov Website . Facebook T%vitter Chris Swope. CNINVIC'CNIC � -26- Lansing City Clerk Attachments • hiiaoeOOI.po (480B) Z! C • iflla(3602 (8.46KB) • �O Ta2hrid N-lanssor 1202 S Washincuton.pdf(.94.17KB) -27- CiTy of I.ar.sing Proc i5icliiri�C-!izer R.zinklnp Total Applicant Name Passible mAr,so i TAGHRIE)YAN50OR Potnls Applicant address ASH�N t2o7 5 OVA514INGTON ST. Marketing,Advertising and Promotion t- "'d Tangible Capital Investment in the City of C­t-; Leasing linvestment In applicants other provisioning :4 It b,-IJ 3 V x'J cernem as not Included in scare) 15 6 :i-._C.t I pl-:Q:—c—tr- c Job Creation -tfi-- Jeza'!3 sae 1 j-1, 7.( Ff...del Structure and Financing Pu-711—1-- F.r­ --,.j'1­ 3 3 plans to Integrate Facility with Other Establishments Charitable Plans and Strategies Number of at;hn Provb:onint Cantor Ca%qwy Thresholds;t=<6 job,,i.s.ff..... de-,zils;2=s 6 jobs,sufficient details;3 6 jobs,sufficient details;4=>6jobs 5 1 71 t _r� s­I insufficient details;5 ,uffl,lentlgcod details. AMoUMI and Type Of COM;CM113tion(PC) -28- City-)i i animp,Provisioning Center Ran�:trg Percent of Employees Eaminif At Least $ISINDur)JPQ 5-.Sth— Projetted Annual Su d Jet and Revenue J[PQ sLa 2 n 1 a, I be v 1 5 n Sufficient Financial Resources sw',g th, at 0 je:j I S.ti—s E'pe'r'- 5 3 ,to.1ePa':ican� Zit'•, b.5 (-1 Content and Sufficiency of Information. Profesvcna:—of submitted documentation 5 Z, indudt,g cl-,label,.&of required items Suffering between residential zoned areas 5 and establishment pa..S.d traffic..mde itmets...1 b.scored Entrance ar.J-it on main streets,adequate parking not anres�,demiaf streets,Qualityof 10 5.."tv Fla. Plan to meirt with rvghbwhocd .r&.nixajons, 1m;ro—Tils made cr proposed to buildmi; r1p, Plan rn minPmrdetiminatrraffic Flan to n. "A, P!anto roar LPD Complaints 2—4-.1 C—of Cc rnpl:'n'e t- Utig.t-, -29- i_ 99 r� -30- BRUCE F. ROSENTHAL, ESQ. ROBF'RT A. HCANO, ESQ. ATTORNEYS AT LAW 41301 ORCHARI) LAKE ROAD S(-ITE 180. P.MB 116 %VE'-') F R 1,0 ON I f`i LA.1). N 1148321 (248) 465003 P!It N I-'(2481430-0805 FmW hruce.rll enthaia atria FREEDOM OF INFORMATION ACT (FOIA-REQUEST) N lav 30. 2019 FOM Coordhmwr Ms. Amanda M3o3le Assistant Cit\- -Auorne\' 124 V Nilhiga.ri Ave. 07, Fifth Floor Lansing. Nil 4SQ33 1-0;0 CD Fax No. 517-483-4018 Re: 120] S. Washin.,zon A%e. m-1 Lansing. NAI 48912 DearNls. O'Boyle. ghrid MiNISOUr. LI.Cand Capi-,al Please be advised that Robert A. F Ta icano and I represent _ Dank with respect to thdr Provisioning Center Application located at 1202 S. Washing,[on, Ave- Lansing. NO 48912. LAider the N I ichi gun Freedom of I nFormation vot we are rapesting an, and all oTies or We 00 of Lansing scoring puiddhwn s"Ang criwi-ia. scoring 110L,�S. insights. re\iev err and Till itcm:' ii! I LIJ)."j�j F)Zm1,) scorin,-,. file.. We are ako herein, reque.,mi-.2 all Criteria. e\a1Uati01W. scoring inights and hq, pAnts issued fora!! Provisioning (InterApphcadon, submitted to the CV, J Lansing This FOIA Requm is thmi Decernhor 15, 2017 through Nia; 31. 2018 Please no me of an,- coots or foes mociawd "ith Eks FULA rquest and Key "M be paW, In Jdditi011 i flherC i� 'I ClCilial c)f an,. pxt ofthi� FOLA request please notify rn off"ficc. or ni\ cell phone at 248-464-()X()-', or e-rnai: at bruce.rosenihal halt-nct (hank jou for your auendon R) this nwacr and your anticipated cooperrition is gmaQ appiciawd. Cry truly yours. BRICC F. RUSC[101A. EScI- cc: Robert A. F'icano. Escl. N.Is. T','Whrld -32- Exhibit " 3 " Subject: Taghrid Mansour ( Capital Dank ) Notice of Appeal of Application Evaluation and FOIA Request From: Bruce Rosenthal (bruce.rosenthal@att.net) To: chris swope@lansingmi.gov. michael.yankowski@lansingmi.gov, deb.biehler@lansingmi,gov: brian.jackson@lansingmi.00v, Cc: cityatty@lansingmi.gov, joseph.abood@lansingmi.gov, robertficano@aol.com; amanda.o'boyle@lansinami.gov; terrv9893@aol.com, Date: Thursday, May 31, 2018 6:23 AM Dear Mr. Swope, Attached please find Taghrid Mansour ( Capital Dank ) Notice of Appeal of Application Evaluation and Freedom of Information Request for filing in this matter. Very truly yours, Bruce F Rosenthal Bruce Rosenthal. PLLC 4301 Orchard Lake Road Suite 180, PMB 116 West Bloomfield, MI 48323 Office Phone: 248-430-0804 Office Fax: 248-432-7644 Cell Phone: 248-464-9803 E-mail: bruce.rosenthal@att.net Attachments • Capital Dank-Notice 0('Appcat_pol'(71.42KB) • Capital Dank-FOIA Request.pol'(68?2KB) -34- BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD f.AKF-. RO;AD SUITE ISO. P.M13 116 WE ST B 1-00',\1 F I EL D. M I 4t 2 (248) 464-98(l-3, PI ION E 248) 4'0-0805 FAX M ay 0 2, 18 .Mr. Chris Swope Lansim-, CM Clerk Lansing, City Clerk's 011-ice Ninth Floor. Cit' I fall 1-14 W. Michl"'an A\C I-ansInL,. NII 48933-169� (-'it\-.cici-k a-lansiriumi.gm Re: Notice ot',Appeal Application baluati011 C1. -y 1202 S. \Vashington A%e. NOTICE OF APPEAL OF APPLICATION EVALUA,r10N FOR PROVISIONING CENTER PER LANSING CITY ORMNANCE SECTION 1300.6 lllel--tse accept this Notice ot`Appeal ol'theli- Application F�-,11MI11011 on Nehaffo!'Taghrid Man.SOUr dolmz-� I-ILISHIeSS as Clipit'-d D:,nk - 1-102 Washington A\e.. Lansing III. rile CItv (.'Icrk*s 0111Ce notiflCd Ms. Tauhrid \'I;illsuur ol'Capital Dank on N,I-,i\ 'L 2018 UILIt dUe to \OLII-SCOI-C l*Lj,_1jjj-;;d! clffllijiatod from tile possiblilty ofllc:.mure and denied their :11)PI: This letter (Ciled \\i.Ljllll tile Lansing (.'its Clerk's C)fticci is based tlpun dw, accuracy and standard by \�hich the proposed sct)riil2 S','StC11l \%Zt-S t1pplied to Taghrid Insk—,his \\crc 110[ 111JICLILI\L' of Mansow-,C�I-Dilal L)an�- '[lic scored 11LIMbel-S 31)d tale J-TOJ)C,SCC sCOI-11ILT 01C application 111210i'NUtS SL1b1llitLz'd. Attacilai to of:\ppeal %'Oil Will find Mir Freedom ofinflornlation Reclucs, to tic of l'ansim-, seekim-, all scoring C011CILIS1011S. ldill)LI11011S. flole-i. S\stenly, aild Sconliu, Criter;a 1,01, lauhrid NIZ1.11SOUr Cipital 1):1r:knild all k)tllcl- 11rovisiorM.-i Ccntcr AppticWiis. -35- Thank you for l our an end onto these matters and we Will 3 WZlit yOUr response to the H.)LA requems and pNSCIA C L)Ul' APPCha[C til-It. \."er% trUIV %CILI[`S. Brute F. Rosenthal. BLI Robert X Ficanct Fsq. 00 TV -36- -37- kit I City of Lansina �V O r r e i :r 1 James D. Smiertka, City Attorney i C. June 8, 2018 Bruce Rosenthal Bruce.rosenthal(tr ati.net Sent'iqa�r aif RE: Freedom of Information Act ("FOIA") Request 18-418— Marihuana Scoring Dear k1r. Rosenthal, In response to yottr Freedom of Information Act request referenced above, receV'c'd bx this office on June 1, 2018, your request is granted in part and denied in part. Please be�aavi ed that no charge is being assessed for this response. Your request for scoring 6-uidelines is granted: responsive documents are located in the City's website at httrs:/rvvwtiv,lansinLmi.eov/DocumentCenter/View/4600/_Vied-.%,Iariivana- Provisionine-Center-License-Application-Scorine-Criteria-v4- Your request for"scoring. notes, insights, reviewers and all items contained in . . . scoring file" for TNT Industries and Taghrid�NIansour and is denied because no such "scoring tile" exists. MCL 15.2335(5)(b). I-Io,-vever, to the extent that the items listed do exist, such records have already been provided to the applicant in anticipation of the appeal before the Medical N,larihuana Commission. Further, information a municipality obtains from an applicant that has not be shared with LARA and the BX-1\-IR is not subject to disclosure under FOIA. MCL „� 3,�,�.:.,�C13. The information contained in anv scoring, notes. or reviews would contain information provided by the applicant and is therefore exempr from disclosure. \ICI. l-;? (3( 1)(d). Your request for `all criteria, evaluations, scoring insiglit.� and total points issued fir all Provisioning Center \pplications subinitted to the City of Lansing" is denied. As stated above, information obtained from an applicant that has not been disclosed with LAR-A and the BN-f�\-(R is I-xempt from disclosure. NICL 3; .27205: NIC1-. 1-5.245(1)(d). Additionally. because the Citv has not issued any provisioning center licenses at the present time the requested information Is preliminary- to a final agency determination of policy or action and is therefore exempt from LJISCIOSUI"e. NICL 15.243(1)(m). Please be advised that the City has adopted Procedures and Guidelines and a Written Public Summary. both of which Eire available on the City's website at: Fifth Floor,City Hall • Lansing, N ichigan 48933 • (517)453-4320 Fax 48>-4081 • cityathl,-lansing!n1.gOw -38- hops:!/ti«Ntiv.Iansinami.eov/Doe u men tCenter/Horn /Aliew/b1S hups:i/wwtiv.Iansln2iiii.L,oy,`Doc umcnK:cnte.r%Home/View/41 Appeal ofdel7icrl of recordv. You are entitled under the Michigan Freedom of Information Act.. �1CL. 15.240. to appeal this denial to the President of City Council or to commence an action in the Circuit Court within I80 days after the C'ity's final determination to deny a request. to compel disclosure of the requested records if you believe they were wrongfully Withheld from disclosure. If. after judicial review, the court determines that the City has not complied kvith JVICL 15.2 i 5 in making this denial and orders disclosure of all or a portion of a public record, you have the right to receive attorneys' fees and damages as provided in MCI.. 15,240. If tile court determines in an action commenced under this section that the public body has arbitrarily and capriciously violated this act by refusal or delay in disclosing or providing copies of public record, the court shall order the public body to pay a civil fine of$1,000.00. which shall be deposited into the general fond of the state treasury. The court shall award, in addition to any actual or compensatory damages, punitive damages in the amount of 51,000.00 to the person seeking the right to inspect or receive a copy of a public record. Appeal of excessive.fee. You are entitled under the -Nlichiaan Freedom of Information Act, MCL 15.2 10a, to appeal a FOI 1 fee that you believe exceeds the amount permitted under the City's written Procedures and Guidelines to the President of City Council or to commence an action in the Circuit Court for a fee reduction within 45 days after receiving the notice of the required fee or a determination of all appeal to the President of City Council. If a civil action is commenced in court; the City is not obligated to compete processing the request until the court resolves the fee dispute. If the court determines that the City required a fee that exceeded the permitted amount, the court shall reduce the fee to a permissible amount. If you have any further questions- please contact me at my office. Sincerely. !Amanda O'Boyle Office of the City Attorney AKO r .. Fifth Floor,City I tall Lansing, iktichigan-t8931 (517)-183-43^0 Fa\ (317)483-4081 cif ath`�!!Iansingnii.gi,v -39- Exhibit " 5 " 41 Jug CITY OF LANSING HEARING OFFICER DECISION RFCO.N- ,INIENDATION In Re: Ta.dirldiklansoor D-`B.:'A Capital Dank Provisioning Center License Scoring and Rankin,-, Denial `['his decision is remitted to the Clerk of-the City of Lansim-,by Hearin-.Officer. Hilary Pvi�.-TBarij;j-d. Esq.. havino been read and Informed on the ISSLies recommends that in regard to -17--A-Ci 1441 D N[ANSOOR DYB/A CAPITAL DANK and its license application for a Medical Marihuana Provisioning Center that the application remain denied. FACTS TAGHRID 1,1ANSOOR &`b/a Capital Dank ('"Appellant") submitted an application to the City of Lansing to operate a N-leclical Nlarlhl-lana Provisioning Center within the city limits. Oil or about LMarcil 1-5. 22018 Appellant was denied based on deficiencies in its waste.sanitation plan and appealed March 21. 20 IS. This recommendation follows an appeal submitted on IMay 30, 2018 simultallCOLISIV with a Freedom of Information Act(FOIA)request addressed to the City Attorney. By letter dated May 21. 2018. Appellant was informed that its license application was denied because Of its score and rank_ havim-i received a score 0f50 out of 100. Appellant was Informed that this score eliminated the possibillry ot'scoring in the top twenty applicants. Appellant was also nif*ormed that it had the right to appeal the denial within 14 (fourteen) days of the letter's date by I-Men statement with grounds for appeal. With the iNlay 21 letter. Appellant was provided a copy of the City o/ Lunsing Pmvisioniiig Centel- Remkiuq,, sheet. On the d0CLIIIICIIt. appellant is able to View the total possible points. its attained points, and -short Insight statements '['he largest deficient categories of' /Jppellant's scoring indicate that Under Tangible Capital Investment Appellant earned it 6 ()it-,of'possible I 5; and a 6 OLII Of 10 in Entrance and Exit on Main Streets etc. Appellant states in its Notice of Appeal ot"Application E'�UILUIUOII that it was eliminated froin the possibility of licensure and its application denied. Appellant stated "[I]IIC Scored 111.1111bers and the proposed scoring Insights Nvere not indicative Of'the application nlatffiak submitted."! The appeal request also referenced it FOIA request in which Appellant. I-CLILICSIC(i "City of Lansing scorins, L ' hnes. scorinL, criteria. ScOrint-, 0'a mide I ILIM1011S. notes. [and] 111slights[.1-2 Sce BrUCC F. Ro�enthal & Robert A HcLlno. N,jru F OF I(*A M)N -A \IA ATP).,F(JR PIV 1\ISP.NiM, lliml,L L\NSIN(i 0-1) 0Iu)Iv\"(-F sl-(. I 4v' 1"00.6 (N-la" 30. 20181. Sev Bruce F. Ro>cmthal & Rotici-I A Ficallo, f r.Fl rc1\11,i-I INR)R.\tA AUT t RAA-Ri--rn-i-sr) (NIn 30-201S). Paste I oi,2 -41- No ffirthCr CIOCLImentation Was provided to Hearing Officer for review in tills matter. APPLICABLE LANV & REASONING The issue is whether Appellant's score and rank for a Provisioning Center License for the City of Lansing was erronCOLISIV calculated reSUItill.2 in license application denial. It is not enough For all appellant to-simply announce a position or assert all error[.]"Thus leaving, the overseer of appeal to"discover and rationalize the basis for his clal,111S, or Unravel and elaborate Cor him his ar"LlIllel"11S, and then search for authority to either sustain or reject his position.' "Failure to briefa question oil appeal is tantarnOL1111 to abandoning it. Here. Appellant has not provided all articulable reason why documentation provided should have been sufficient or why its score is inaccurate. Appellant instead Submitted a FOIA request for materials that are available Since the moment of application and prior," Appellant*s strongest deficient areas were not addressed in this appeal, no additional doCUMCIltati011 was submitted. nor were arguments made for why the documents originally provided should have been sufficient. Thus, this Hearin! Officer is forced to conclude Appellant has abandoned its argument on this appeal. CONCLUSION For the fore!aoino reasons, it is recommended that Appellant's application for a provisioning center I Z� license remain denied. ReSpCCtftliIV Submitted. Hilary I. Barnard. I learin- Officer See People Ke,,orkian. 24� Mich. App. 3,73. 3149 f. 7, 1(1. (Citint!Mitchaill Detroit. MIC11 1 N2. 20 1 1 9ig):See LdSl' rel Johnson Keller...2i( Mich. App. 136- ill)-40 i D t.of I re:is . ',(j-7 Mich. App. 1. 1,--)4(1 Henderon -- Mich. Dep 014), Scoiin,-, -mideliries Ila%e been a\ailablc %1:1. the 01N Of I.allSilll-, \\ebsitc. Appollant i-,ako ill possession of;11i ii,ica oil scoring,and noted insights. It A101.11cl also be noted that the clecisions on and the appropriate scope I-LLILICSt is MA %%101111 the pun 00V of 1111S Zlpj-)Ca1 110F ilic rurniex� oftlm� Fl,:arimg()I'(icer. In rc�ic\v im-,ori ui tial ulaieriLIIS ILI;,)!1111ted kith it Z1011Cal'S OWL thk,u,--h appellant ldcd (10CLIMCM,1111011 It Was [lot S1111-1cicill Ill C11:U111 Or in breadth to merit a lliulwr Score ill Ill,: At i)ot'iiT or LWO COUld be .AocatCd but ADI)CIlatil"s scork: -,\ill still he it)() IONX to attain a top 2()(twent-N ) score. h'tLC 2 o C 2 -42- hxhlblt " 6.. " i Chris Swope Lansing City Clerk ,CFf1G June 18. 2018 - Taghrid Mansoor 2088 Edgestone Sterling Heights, MI 48314 Dear Provisioning Center Applicant. I have reviewed the report and recommendation of the hearing officer on your appeal of the Scoring and Ranking denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 1202 S Washington Ave. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify. a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial. and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02• you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, C;A--4 i;� Chris Swope, CMMC City Clerk cc: M. Yankowski. Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor City Hall. 124 VV. M ^" ^an Ave Lansing MI 48933-1695 517-483-4131-44-'-377-0068 FAX ww;,.1.lansinomi oov'clerk city.clerk@lansingmi.gov