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Home My WebLink About2018.08.17.MM Commission Packet TNT S I �G Chris Swope r c Lansing City Clerk HIGP Scoring & Ranking Timeline TNT Industries LLC 1825 E Michigan Avenue Lansing, MI 48912 December 15, 2017 — Application submitted December 21 , 2017 — Department Review of Applications Begins May 18, 2018 — Scoring & Ranking Denial Letter Sent... ... ... ... ... ... ... ... ..1 May 31 , 2018 — Request for Hearing Officer Appeal submitted.................6 June 6, 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... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 15 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 Biehler, Deb From: Chris Swope <No-Reply@stamps.com> Sent: Friday, May 18, 2018 12:44 PM To: Biehler, Deb Subject: Chris Swope has sent you a package � 4".',fr.` n, _ .ti�sis r f"„�„_•yn. ;ram'�--:Q�'.rc.'k�� ':�,��r - ..a'Lti<^. .4h�T ¢rk l�:ti.4r$_' •� p�,Sf .�"v.a>�i.,.�. .. This message was sent to you at the request of Chris Swope, to notify you that they have shipped a package to you. For details about your shipment or to track your package, please refer to the information below. Shipment Details I Shipped To: TNT Industries LLC c/o Raman H Sagmani i 4315 Willow Creek Dr Troy MI 48085-5727 Mailing 5/18/2018 Date: Est. i Delivery: 2 days I Service: Priority Mail (R) I Signature: Not Required Tracking: 9405511699000295361148 i The shipment information contained in this email is provided by Stamps.com. I For questions about this package, please contact Chris Swope or the U.S. Postal Service. ! Easily print USPS shipping labels from your PC or Mac. At Stamps.com, our goal is to simplify shipping so you can focus on your business. Get started at www.stamr)s..com . I I -1- N S I �G Chris Swope Lansing City Clerk ,ell � cHtG �* May 18, 2018 TNT Industries LLC c/o Raman Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear Provisioning Center Applicant, The Lansing City Ordinance section 1300.6 discusses Provisioning Center license application evaluation. Your score of 42 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://lansingmi.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 in the City, of Lansing for the proposed business at 1825 E Michigan 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 r.ity.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, 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 city,clerk@lansingmi.gov -3- City of Lansing Provisioning Center Scoring Total Possible TNT Applicant Name Points INDESTR TNT INDUSTRIES IFS Applicant Address — MICHIGA 1825 E.MICHIGAN AVE. — Scoring Insights Applicant provides marketing,advertising, promotion,and minor minimization examples Marketing,Advertising and Promotion (e.g.,will anonymity and take all plausible 4 3 measures to detract from Impact and adversity to minors,age restricted website,no cartoon figures).Lacks an optimal amount of general marketing,advertising,and promotion examples and details. Tangible Capital Investment in the City of Applicant indicates they have a 2-year lease for the pre-existing provlslaning center at 1825 E. (Investment In applicants other Lansing MI Ave.paying$2,500/month In rent.All provisioning centers was not Included In products will be acquired from local cultivators 1s 9 and production facilities and will seek score) subsequent licensure for grower and processing operations In Lansing.Lacks provisioning center ownership and an optimal amount of tangible capital Investment. Job Creation Applicant only indicates 8-10jobs will be created at the provisioning center during year 1. S 1 Discusses employee performance review,local hiring,and work hours.Lacks sufficient detall and falls short of an optimal number of jobs. pp scant indicates t ey willfundstartup costs (not specified)largely through Initial capital Financial Structure and Financing Investment,provides a purchase/land contract for a property at 4315 Willow Creek Drive In 3 0 Troy,MI(paid$110Kj and property tax documentation Indicating the property Is valued at$118,550.However,applicant does not provide any proof pf net worth or liquid assets Applicant Indicates all products will be acquired Plans to Integrate Facility with Other from local cultivators and production facllilles Establishments 2 1 and will seek subsequent licensure for grower and processing operations In Lansing,but does not specify the size of the facilities(i.e.,building size or number of plants). such activities as cleanup days and neighborhood watches(doesn't actually say Charitable Plans and Strategies they will do this),pledges to donate to various 4 2 neighborhood and community groups(no examples)provided),and says all full-time emplayees will be given the opportunity to volunteer and be paid up to 8 hours per month Number of lobs at the Provisioning Center Category Thresholds:1=<6 jobs, Insufficient details;2=<6 jobs,sufficient Applicant indicates 8.10 jobs will be created at details 3=6 jobs,sufficient details;4=> 5 4 the provisioning center during year 1.Discusses 6 jobs insufficient details;5=>6 jobs, employee performance review,local hiring,and suffident/good details. work hours.Lacks sufficient details. Amount and Type of Compensation(PC) Applicant Indicates all PC employees will earn at 2 1 least$15.50 per hour but provides insufficient additional details. -4- City of Lansing Provisioning Center Scoring Total Possible TNT Applicant Name Points INDUSTR TNTINDUSTRIES HIS Applicant Address — MICHIGA 1g25 E.MICHIGAN AVE. — ScorinR InslRhts Percent of Employees Earning At Least $15/Hour)(PC) 3 3 Applicant indicates all provisioning center employees will earn at least$15.50/hour. Projected Annual Budget and Revenue (PC) Applicant provides detailed projected annual 2 2 budget and revenue data(e.g.,$1.01 million in total expenses and$1.38 million in total revenues in year 1)that are understandable. Applicant does not provide complete litigation Sufficient Financial Resources compliance verification forms for all key team 5 0 members.Applicant does not provide any proof of net worth or liquid assets of at least$100K,or how startup costs will be covered. Applicant provides business experience for only Business Experience one key team member Indicating one year of 5 1 provisioning center experience and six years of additional work experience(liquor industry and towing business). Content and Sufficiency of Information; Professionalism of submitted S 5 Business plan has table of contents;good documentation Including dear labeling of content required Items Buffering between residential zoned areas 5 0 and establishment none Increased traffic on side streets will be 5 0 Can enter from Regent or Michigan scored lower Entrance and exit on main streets, Poor Security Plan;close to street with adequate parking not ec rlty Plan 10 3 undefined entrance/exit streets,quality of Security Plan Plan to meet with neighborhood organizations, 1 0 no plan Improvements made or proposed to 3 0 None proposed building Plan to minimize/eliminate traffic 1 1 traffic plan Plan to minimize/ellminate noise 2 0 no noise plan Plan to minimize/eliminate odor 3 0 no odor plan LPD Complaints 4 2 1larceny,1 B&E,1 suspicious situation,1 suspicious vehicle Demo of Regulatory Compliance 4 2 no tax history,grass and trash fine Uligatlon History 2 2 clear history 100 Total Score 1 1 42 -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: bruce.rosenthal(cbatt.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 �...,.,, City.clerk(ci,lansin< mi.6ov Re: Notice o1'Appeal —Application Evaluation =- 1825 E. Michigan Ave. ,e 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 TNT Industries, LLC doing business as Capital Wellness — 1825 E. Michigan Ave., Lansing MI. The Lansing City Clerk's Office notified Mr. Ray Sagmani of Capital Wellness on May 18. 2018 that due to your score TNT Industries. LLC was eliminated from the possibility of licensure 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 TNT Industries, LLC. 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 TNT Industries, LLC and all other Provisioning Center Applicants. l -6- 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, Esci Robert A. Ficano, Esq. 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: brUCC.rosenthal@att.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 awLansi 11 Willi.aov Fax No. 517483-4018 Re: 1825 E. Michigan Ave. Lansing, MI 48912 Dear Ms. O'Boyle, Please be advised that Robert A. Ficano and I represent TNT Industries, LLC and Mr, Raman Sagmani with respect to their Provisioning Center Application located at 1825 E. Michigan 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 TNT Industries, LLC (Capital Wellness) 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 my cell phone at 248-464-9803 or e-rnail at brUce.rosenthala0),att.net Thank you for your attention to this matter and your anticipated cooperation is greatly appreciated. Very truly yours, Bruce F. Rosenthal, Esq. cc: Robert A. Ficano, Esq. Mr, Raman Sagmani Hilary M. Barnard Attorney at Law CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION In Re: TNT Industries, LLC 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 TNT INDUSTRIES, LLC and its license application for a Medical Marihuana Provisioning Center that the application remain denied. FACTS TNT INDUSTRIES, LLC ("Appellant")submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 21, 2018 Appellant's application was denied. Appellant then appealed on February 22, 2018 and submitted additional documentation on or about April 6, 2018. This recommendation follows an appeal received on May 31, 2018 simultaneously with a Freedom of Information Act (FOIA) request addressed to the City Attorney. By letter dated May 18, 2018, Appellant was informed that its license application was denied because of its score and rank, having received a score of 42 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 18 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 9 out of possible 15; Sufficient Financial Resources with a 0 out of 5; and 3 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). 'See Bruce F. Rosenthal, FREEDOM OF I INFORMATION ACT(FOIA-REQUEST)(May 30,2018). Page I ^f 2 -10- Hilary M. Barnard At(ornev at Law 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.' 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, Hilary( .Barnard, Hearing Officer— See People v. Kevorkian, 248 Mich. App. 373,389(2001). 4 Id. 5 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). 6 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.From insight statements and document review it does not appear that the deficient categories could be allocated any more points than already given. Deficiencies in the application are noted in the scoring insight statements and documentation or argument to refine the respective scores could have been provided but was not. Page 2 of 2 -11- stamps endtciaShipping Label Receipt Delivery Confirmation"m Service Number: 9405 5116 9900 0088 1271 59 Priority Mail 2-DAY with USPS TRACKING#" Electronic Service Fee:$0.000 Total Postage and Fees:$6.35 weight: 1 oz Print Date: 06/182018 Mailing Date:06/16/2018 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 To: TNT Industries LLC USPS ark c/o Raman H Sagmani Post Here 4315 Willow Creek Dr Troy MI 48085-5727 'Regular Priority Mail 2-DAY Service postage rates apply.There is no fee for Delivery Confirmation-service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option Instructions: 1. Adhere shipping label to package with tape or glue-DO NOT TAPE OVER BARCODE.Be sure all edges are secured.Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box,handed to your mail carrier,or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once- DO NOT PHOTOCOPY. 5. You must mail this package on the"mail date"that is specified on this label. t -12- y�N S I �G Chris Swope t Lansing City Clerk Q GP June 18, 2018 TNT Industries LLC c/o Raman H Sagmani 4315 Willow Creek Dr Troy, Michigan 48085 Dear 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 1825 E Michigan Avenue. 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. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 377-0068 FAX www.lansingmi.gov/clerl. 1_/.clerk(@lansingmi.aov 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, Ck,14 OGN� Chris Swope, MMC Lansing City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michiqan Ave., Lansing, MI 48933-1695 517-483-4131 _14_377-0068 FAX www.lansingmi.gov/clerl. .,,y.clerk@lansingmi.gov C 1-1 ti C3 Chris Swope,CMMC/CMC Lansing City Clerk From: Bruce Rosenthal<bruce.rosenthal@att.net> Sent: Tuesday, July 10, 2018 8:31 AM To:Swope, Chris <Chris.Swope@lansingmi.gov> Cc: Yankowski, Michael <Michael.Yankowski@lansingmi.gov>; Biehler, Deb<Deb.Biehler@lansingmi.gov>;Jackson, Brian <Brian.Jackson@lansingmi.gov>; CityAtty<CitVAttV@lansingmi.gov>; Abood,Joseph <Joseph.Abood@lansingmi.gov>; O'Boyle, Amanda <Amanda.O'Boyle@lansingmi.gov>; Robert Ficano <robertficano@aol.com>; Ray Sagmani <rsagmani@com cast.net>;Amy Sagmani<amysagmani@Vahoo.com> Subject:TNT Industries LLC( Capital Wellness ) Appeal to the City of Lansing Medical Marihuana Commission for Application Scoring Dear Mr. Swope, Attached please find for filing our Appellate Materials to the City of Lansing Medical Marihuana Commission for TNT Industries LLC (Capital Wellness) located at 1825 E Washington Ave., Lansing, MI 48910, for the arbitrary and capacious scoring of the facility of a 42 point score pursuant to your denial letter dated June 18, 2018. These Appellate Materials attached to this e-mail shall be made part of the record and part of our submissions. Please notify us of the date and time of our hearing before the Medical Marihuana Commission. 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(cD-att.net -15- TNT INDUSTRIES, LLC (CAPITAL WELLNESS) APPEAL OFLANSING CITY ORDINANCE SECTION 1300.6 APPLICATION EVALUATION APPEAL TO MEDICAL MARIHUANA COMMISSION MARIHUANA PROVISIONING CENTER Submitted by, Robert A. Ficano. Esq. and Bruce F. Rosenthal, Esq. -16- TABLE OF CONTENTS Pates Table of Contents 7 Index of Exhibits 3 Statement of Issues Presented 4 1. Introduction 5) '). Statement of Facts 5 3. Scoring Categories 6 Law and Argument 8 Requested Relief 9 -17- INDEX OF EXHIBITS Exhibit 1 — Email from Lansing Cite Clerk, Provisioning Center Application Evaluation- Score 42 Exhibit 2 — TNT Industries, LLC (Cal)ital Wellness) Freedom of Information Act Request from attorneys Robert A. Ficano and Bruce F. Rosenthal dated May 31 , 2018 Exhibit 3 — Notice of Appeal of Application Evaluation Dated May 31, 2018 Exhibit J — Letter from IN/Is. Amanda O'Boyle of the Lansing City Attorney's Office dated June 8, 2018 denying our Freedom of Information Request Exhibit - Letter from Lansing City Clerk Chris Swope dated June 18, 2018 confirming denial of the Scoring and Ranking of TNT Industries, LLC (Capital Wellness) application to operate a Medical Marihuana Provisioning Center on the City of Lansing, at at 1825 E. 1'Iichigan Ave. Thirty day riglit to appeal from the date of this letter. STATEMENT OF ISSUES PRESENTED 1 . WAS I-IJE LANSING CITY CLERK'S DECISION SUPPORTED BY COMPETENT, MATERIAL, and SUBSTANTIAL EVIDENC.E`? Appellant Ansxver: NO ?. S.I-IOULD THIS COMMISSION REVERSE. THE LANSING CITY CL.E.RK'S DECISION TO DENY APPELLANT'S AI'I'LICATION BASED -1_JPON AN ARIBITRAIZY SCORING SYSTEM? Appellant Ans«ver: Yes r-. -19- [) Introduction This Appeal involves the arbitrary scoring by the Lansing City Clerks office of a local btI_iiileSS that has been operating in the City of Lansin`_ under Nilichigan Lavv as a licensed Care(Ttyer Centel' Under the N%11ch►uatl N ledical N118rlhltana :-act. ��Il of about IM,V 1 S. 2018 ;\ppell-lnt's Application vas denied baSCCI upon a score of their appiication materials of*4') out of 100. The Tleartlls Officer in this Mattel'confirtllcd the City Clerks Decision as our Freedom of Information Act reque.t was pending. As discussed belo\� ,arbitrary Scoring Numbers \yerc used by the evaluators III determination of the Appellants score of 42 points. Appellant has therefore filed the instant ,appeal as its on1V avenue to seek review of its status in the City of Lansing and requests t11is Coil IMSsioil to reverse the City Clerk's decision due to lack of competent material aIld Substantive evidence. 11) Statement of Facts V Appellants NIN•:IPC .-\pplication Appellant. 'TNT lndtl>Irl:'.S. U,C ("Capital Wellness') has operated as a licensed care�Uiyer tinder the \-lichi�lan Medical \ -W-Il uana .Act at 18-- F. lrlichi�aan Ave.. I.unsinC \(l 48910. Capital Dank timer tiled its application for a NTMP(* license ill the City of'Lansint, on December 14. 2017. Said application way filed III a three rin ' hinder ith Sections . -Y mLl all element; retfucstcd b" the City o.l' (.ansinu's Clerk's 01,111ce ��ere reviewed and appi'med bN the L rosin-, City Clerk. -20- Chi or about May 18. 2018 Appellwit re d%vd a letter'email [ oni Chris Swope. Lansing City Clerk stating, the following: '-The Lansing, Cite Ordinance section 1300.6 CHSCtiyyes hroviswrimg Center Licetwe Applicadon Evaluation. Your score o1'42 nut of 100 eliminates the possibility ofscoring, in the top m-enty. Therefore. your application for heensttre is denied... Qpellant was unable to make contact \aith the Lansin(,, City Clerk for determination and criteria For the scores presented so the, filed a freedom of[nforrniaticnl \ct Request % itll the Lansing Cite Attorney's Office which "us denied. are left \vith arbitrary and capricious standard of scoHng \\tthout cxpianation to this :appellant. III Scoring Categories/Points/Insigh \) 1 an«ible Capital [nvestment Possible Points- l Score- 9 [nMght- locks provisioning center ownership and optimal anlown of capital investment B) Job Weation [possible Points- score- 1 Insight- Lacks sufficient detail and lalls short Man optimal number of jobs b -21- - .. C) 1'IIIanCIal �NIIC[Ure and FinanClnc, Possible Points- Score- Insight- No proof of net "worth or Iicluid assets of at least S IUU.000 D) Charitable Plans and StrateLnes Possible Points- 4 Score- Insiialit- Does not sav what volunteer work is F) Sufficient Financial Resources Possible Points- Score- O Insight- No proof of net Nvorth of S100-000 I' ) BufterinL, between (residential Zones and I tablishmem Possible Points- 5 Score- 0 Insl2lit- None F) Increase Traffic on -Side Streets 71. Possible �)oIIIIS- Score- Insight- Can enter from Regent or -Ilchl_an -22- i) l:.ntictllll Mlid 0`It CIIl Main streets, adequate parking. secuFlty plats Possible points- 10 Score- Insight- C'losc to street can undefined entrance III Improvement111aC1E or Proposed IO E3lllldllly, Possible Points- Score- 0 lnsiuht- None proposed I) Plan to minimize oclor Possible Points- Score- 0 lnsisJllt- No odor plan .f) l_PU Complaints Possible Points- 4 Score- 0 Insight- I larceny-. BcK-E: suspicious situation K) Demo of RcLullator4 Compliance Possible Points- -1 Score.- 2 Inslt'ht- Nc.) ta,C history. ,rass trash Mlle t..J - p co -23- There are a number ofadditional categories which were scored without suClicierit basis and it is AppellanT s belief \yithoUt trill review of their Application IMaterlals as evidenced by the insight comments. the reason for Tpeliant's FOIA request \gas to obtain all intbrmation reviewed by the City Clerk's Office in making their dewn-nination including but not limited to all scoring guidelines. CrlIM& evaluation. notes. re0eiveN and all hems contained in Appellants sconng AN. We further requested all criteria used in ProOsionin_> Center Apphcations submitted to the City oC Lansing. and were denied. It is Appellant's counsel belief that all of the information re ywswd in our Freedom of Information request should be prop ided to \ppeltant but vais improperly denied. IV .�1'QULi1C[11S `-'• A) Standard of Me\\ CD Ile applicable Standard for Rey b" is whether the lAnsing City Clerk's decisidii'is =>' supported b) competent. inatehai and substantial evidence on the record. and represents.'tltc t F reasonable exercise of the Board's discretion. -*Substantial Evidence is evidence that a reasonable pc-Son would accept as su'fticient to support a conclusion. Edward C'. Lev j Co, k Marine C'it� loninua Board of-An 293 Nl ich App 333. 341-42: S 10 N%-V2d 621 (2011) quoting, Do erk v. Cliai_t�r 'I'owriship of OxAnd. 233 \Mich App 62, 72: 592 NW2d 04 H998). R) Ito (Ty Clerk's decision ws unsupported by competent. material and substantial evidence Ile City Clerk made his swing deWnSnation to deny Appellant's _\pplicadon based upon Undisclosed arbitriu'y and capricious evaluations x ill outside the competent. miter aml 9 -24- SU11SWIltlal C\'ILIC 1CC C011talllCd \\"Ithlll thz appllcaIlion 111L11t'I-MIS. W11C11 1-CCIUCSLS tO tole ( It\' Ul l-an.sin- for {'Acts and evidence OF the. W110, WIML. \\hell. \\11CFe and W11V ()C the SCOT-ill-, evaluations the cit\ 's response \\as improperly- '-Request Denied". This is In complete violation of the t-edetal and N`llchlg clot freedom of InlOrmation Acts. The best collclllSioll anyone reviewing this ISSLIe call take is that \\e doil t knows what criteria \vaS Used to determine the AppellanCs score. l Ills Is not a sufficient standard for the parties to be provided with. V Requested Relief It is clear- in this case that Appellants :application \vas yvron�_1'ullN denied and that It has 110\y hcell unfairly required to close its business and its ability to operate. This denial and Ille arbitrary scoring results are clearly inappropriate. WHEREFORE kppellant respectfully requests that this C0m11113Si011 order the City of' l.arlsill" to reverse its decision and alloy\ Appellant to re-open its facility. Respectful1V uhmitted. Robert A. 1'1Cailh -- BrLICe 1 . Rosenthal i .. 10 -25- PROOF OF SERVICE y The undersigned certifies that a copy of the foregoing instrument was served upon all parties to the above cause to each of the attorneys of record herein at their respective addresses as directed on the pleadings on July 9.2018 by: i S d E-MA1L ❑ FIRST CLASS MAIL ❑ FAX ❑ HAND DELIVERY ❑ UPS ❑ FEDERAL EXPRESS Bruce F. Rosenthal J -26- y AL 66 99 i A -2 Subject: Fwd: Provisioning Center Update From: Ray Sagmani (rsagmani@conicast.net) To: bruce.rosenthal@att.net-. Cc: robertficano@aol.com- Date: Friday. May 18. 2018 3-13 PM t j RaN- Sauniani Be,_,in 6orwarded inessaiye: From: "Bieliler. Deb" <Deb.Biehlerc_l.lansinunii.20%!> Date: N-lay I S. 20 18 at 12:46:29 PM FDT To: `rsaLl mail i'*t'vco ni cast.net'" <i-sa(—,iiiaiiiii.coiiictist.net> Subt1_ Subject: Provisioning Center Update TNT Industries LLC c!o Rainan Saaniani 4 11 i W11 lok\ Creek Dr T'rov. Nlichioan 48085 Dear ProN-isloning Center Applicani. The Lansing C'itx- Ordinance section 1-100.6 CflSCL1)NeS l'1-0\iSi01li[lL1. Centel_ license I - t "o-flication evaluation. - score of 42 out of 10( (lie possibI111% -)f,, wing alil I I luation. Four in the top tweniN Therefore. your application 101- IiWISLITV is denied. Ncached are our _SL1h-.1;COtV.S ba,-7,CLI (111 the criteria posted 011 and it brief sunwiar\ of delermillIM', I'C'ICtOrS for CLIC11 Sub-Score. YOU will not be selected to receive a Provisioning Center license in the Oh, of Lansing for the proposed business at 1825 E Michigan :we. -28- YOU have the right to appeal this denial of liCensLtre within 14 days of the elate of this letter by filinu, with the City Clerks Office a Written statement setting forth Frilly the grounds for the appeal pLil-suant to Chapter 1300.15(c). Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will revie\v the appeal and information submitted by the City Clerk. The heariniz officer will consider the iillilrmation and make a recommendation to the Cite Clerk. who \vill make a decision on the appeal. To encourage efficiency. appeals % ill be corlctticted as a paper heariffil WithOLit Oral presentation` Please ensure that you include all information ill yOlir writtell appeal that vOu WOLilci like the hearing officer to consider. Appeals are limited to materials provided cluring the application process. No ne\w application material \%ill be considered on appeal. Chapter 1300 provides that should the applicant not receive a license. one-half the application fee shall be returned. This refLind will be processed after all appeals are exhausted. if you have begun business operations pursuant to State Emergency Rule 19 anti Executive Order 2017-021. VOLl must cease operations. Operations may resume only it vour appeal is ganted and the recluirernents of the temporary operation are satisfied. Sincerely. Clu•is S\vope. (Master (Municipal Clerk L.ansHlR City Clerk CC: City of Lansing Law Department Dch liichlcr .tlr�r`ic•crl .11crrihncrrrcr ,Sj�rc•icrlist :_ :. Lansing ("it,. Clerk's Office 124 W. \f ichi,!an AN CnuC L.jlnsin�,. 1`Li e -29- 0: 5 17-48',-41 '12 Fax: �17-3 77-0068 Deb.B Ich.1crit laiisim-,in i.,-,o\- WebsiLe , Facebook ' -f-%\:iLLel- Chris Swope, C.-'YENICIVNIC Lansing City Clerk Attachments * imageO01.1mig, (480B) * imaL,602..Ip' o (8.46KB) = * 42 TNT IIIdLIStI-IC.S 1 S-25 F. IN'tichigan pdC(75.61KB) c -30- City of Lansing Prov!sioning Center Sccring applicant Nam ------------------ ------- Appikant Address 1.12s E wlccc�n AVE Tfic C,l-,of -fl—vt jcbc.—.— In c,�1,d IT tA, i—".;Tit- rt —,t 17, '17,11 1w, IT;,:T 2 twf!"—I ILI Oty ofi-ansing Provisionmg Center Scoring Appliont vaine rNT IIICUITIIES aPtnts ApIfliCant AddreSS E MIECRIGAN AVE B,djC P,"ved;I� P:,,d s W 10 -32- Exhlbll it r-- -33- BRUCE F. ROSENTHAL, ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SUITE 180. PN-IB 1 16 \k FST I31-00N,IFIFL D. N11 48 32 (248) 464-980 PHONE (248) 430-0805 FAX Email: bruce.rosenthal:�i.att.net FREEDOM OF INFORMATION ACT (FOIA-REQUEST) May 30. 2018 FOIL Coordinator Nils. Amanda O'Boyle Assistant City Attorney 124 kV. Vlichipan Ave. I'iMi 1'loor } Lansi, N41 48933 • 1 F(J IA.I:eq Lie si: is L.ansinsznr ov Fax No. 5 17-48;-4O18 Re: 1825 I.. Michigan Ave. Lansing.. N41 48912 11. Lear NA O'Boyle. Please he advised that Robert A. Ficano and I represent 'fN-1 Industries. LLC and i\Jr. Raman Sagmani with respect to their ProAsioning Center \pplication located at 18`5 F. Michigan \ve- Lanskg. NJ[ 48912. under the i\Vh1<_an A edom of Information ACt PVC are regUCSting' any and all copies of the t_i1v of,Lansin4' scorin=', guidelines. scoring criteria. scoring eValUatlons. notes. insights. revieweN and WI items contained in 10117 Industries. 1.1-C (Capital \Vellness) scoring tile. We are So hereby requesting all criteria.. evaluations, scaring insights and total POint5 issued (itr all Provisionin�l Center :Applications submitted to the Cite of Lansing. This FOIA Request is from December 15. 2017 through My- 31, 2018. Please notiR, me of anv costs or fees associated with this FOI.-A request and they will be paid- In additiOn ri there is a denial ofany Dart of this FUI:A request PlCaSe rlot&t - my otilce. of, mm' cell phone at 2 48-464-9903 or e-mail at hrUCC.I-0SCr11hal ci:att.net ['hank you t01- 1UUr attention to this matter and )'Our anticipated Cooperation 1S greatly appreciated. -34- Wert tlllly BI-LICe F. Rosenthal. Escl. cc: Robert -A. Ficano. Esq. Nlr. Raman Sa,.zmanl -35- Subject: Freedom of Information Act Requests for Taghr!d Mansour ( Capital Dank ) and TNT Industries LLC Capital Wellness ) From: Bruce Rosenthal (brute rosenthal@att.net) To: amanda.o'boyle@lansingmi.gov, Cc: rober-icano@aol com: Date: Thursday, May 31, 2018 6:51 AM Dear Ms. O'Boyle, Attached for filing please find the Freedom of Information Requests for Taghrid ManSOLlr Capital Dank ) and TNT Industries LLC (Capital 1/•Iellness ) in this matter. Thank you for your attention to these requests. Please feel free to contact me with any questions. 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-FOfr\ Requcst.pdf(68.2-2K i) • TNT [ndustries-FOL4 Reduest.pcif(f;7.8;K13j -36- t 6 9 9 r,• -37- Subject: TNT Industries LLC ( Capital Wellness ) Notice of Appeal of Application Evaluation and FOIA Request From: Bruce Rosenthal (bruce.rosenthal@att.net) To: chris.swope@iansingini.gov, michael.yankowski@lansinomi.gov: deb.biehler@iansingmi.gov' brian.jackson@lansingmi.gov: Cc: atyatty@ Ian sing mi.gow josepli.abood@lansingmi.gov' robertficano@aol.com; amanda.o'boyle@lansingmi.gov; rsag man i@com cast.net,, Date: Thursday, May 31. 2018 6:38 AM Dear Mr. Swope, Attached please find TNT Industries LLC, ( Capital Wellness ) 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 [ N [ IndustnCS-Noilce of_1ppeal.pdf(72.34KB) • FNT IIICIuStrics-FOLA [1%equest.pdf(67.83KB) -38- BRUCE F. ROSENTHAL7 ESQ. ROBERT A. FICANO, ESQ. ATTORNEYS AT LAW 4301 ORCHARD LAKE ROAD SLIT T' 180. PNIB 116 \VESTBLOONIFIELD. INMI 483215 (248) 464-9803 PFIONI: -148) 430-0805 F/ X_1 . - A Lmail: [II-LICC.t-osciitlial!�i�att.tiet N'lay 30. 1018 Mr. Chris Swope I anslnu City Clerk Lansing_ City Clerk's Offlice Ninth Floor. Cityy. Hall 124 A. 'Nfichinn Ave. [..ansinsa, NlJ 48933-1695 CJ.t_y....cicrk u. lansinumi,,_jov -7 Re: Notice ol'Appeal -- Application Ivall.1,itIMI 1825 E. Nlichivan Ave. NOTICE OF APPEAL OF APPLICATION EVALUATION FOR PROVISIONING CENTER PER LANSING CITY ORDINANCE SECTION 1300.6 Please accept ill is Notice of Appeal of their :Application EVaILIZ111011 Oil behalf Of TNT bldI.I.Stries. L.U' doing bUSHICSs as Capital \-Vellness, — 1815 E. N—lichiganAve.. Lansing, Mi. The Lanisim, City Clerk's Office 11OLitled N-11-. RLIV SM,111an, ol-Capital \Vellness onNim 19. 2018 that due LO yOLLI' sore TNT IMILISVIC1.1'. I.I,Cwas clinlinated from the possibility()FIiCCIlSLII'C and clenied their application. fFICC) is based upon letter (Bled \\Ithin 14 clay,� ol'Notice by the LanslnL, Cite Clerk's thCaCCLIracN and standard by which the proposed scoring, system \%as applied to PNT Industries. 1A.C. The scored M1111tiers and the proposed scoring Insights were Ilm Indicative of the application materials- .SLibmiLLed. .AltaclICLI to this Notice oCAI)JICal VOLI \\:I[[ 1111d (Air Freedom 01"1111'01-illatiOn RCLILICSI tO tile Cltv ofLansin-11 seeking all SCOI-il12 C011CILislow., adaptaticm,. notes. SN'Stell'Is .11ld -scorhiu, crit-ITILL ('()I' FNT 111CI1ISVIC5. I-L.Cand all ()ther 11rovklomiw Center .Arplic-L-Wits. 1 -39- I hank \'OLI I01-N:()Lll- Mtellti(M to these matters and we I I I a%\alt VOLIF I-C-SPOIISC to the FOIA requests and pl-esen c our late time. Vel-V 11-Lll\' \.OUrs. Bruce F. Rosenthal, ESLI Robert A. Ficano. Esq. -40- ® b 9 Ex h,: t y� -41- (Zitv of Lamina 0 Ir. 0 F TH E C i James D. Smiertka, Gt3-- Attorriev tFi Rine S. 2018 Bruce Rosenthal C ) B Rice.rosenthal @att.net Sew, Vifi L'in P\.E: Freedom of Information Act ("FOfA") Request S-Ir 18— Marihuana Scorina cp Dear iMr. Rosenthal. In response to your Freedom of Information Act request referenced above, received by this office on June 1, 2018. your request is oranited in part and denied III part. Please be advised C that no char-e is beini:_, assessed for this response. Your request for scoring guidelines is granted; responsive documents are located in the City's \,,vebsite at [it t Ds:1A,.,-\vy,,.lans i n g- r-n i.go y/Do cum en I Ceti ter/Vic Nv/41 600/--'-Vled-NMaIjLLI d-1 PrC VisioLli ng-Center-Li canse-App lication.-Sco ri n g-Cri teri a-v Your request for'-scoring. notes. insights. reviewers and all items contained insights; reviewers In scoring File' for TNT Industries and 'I*acjhrid Mansour and is denied because 110 such "SCol-illfi rile"exists. N4CL I 15_235(5)(b). However, to the extent that the items listed do exist, such r,-c�_ ords have already been provided to the a I pplicant in anticipation of the appeal before the Nledical Marihuana Commission. l7urther, information a municipality obtains from an applicant that has not be shared with LARA and the BNEMR is not subject to disclosure Linder FOIA. MCL 33.272o5. The information contained in any scoring, notes. or revIeWs Would contain information provided by the applicant and is therefore exempt fl-0111 diSCIOSLIre. NNICL 15.2431(1)(d1. Your request for "all criteria. evaluations. scoring insights and total points issued tt-Irall PYOV iS i,)!I I ri g Cenrcr Applications submitted to the City of Lansing" is denied. As stated abtive, i nforrnation obtained from an applicariz, that has not been disclosed with LAR-A and the 13NINIP" is exempt from disclosure. _MCL 33.3.27705- NICL 15.243(1 i'd). Additionally. because LheC;tv :,as no, lany pr(wisioning Center ficunses at Oic prusci- Lilllle [!.I"- rCqUeSted Irforinatiol!, prelinlinai-Y io it final a�EU11CY del.erlllina-ion ofpcjl;,.y lei- action is therefore Troll,, &SCIOSUI-Q. MCL 1_5_243(l)(III.). Plc ise be ack-Iscd that the City ficts adopted Procedures and Uuideliti�s and a Writte"I PUMC Summary, hoili ot'whicil are aval .-'I I ble on the City's webSiw at: F,.fth Float,Cit.,, 1-1,111 Laliiinv, -Michigaii 4,6933 - (�17)483-4320 - Fa:s 433-4081 * citvaLfty" -42- httus:,pit:��-tis;.lansinknu.Gov,�Uocun:enfC�nter7Homz�`1'ie��i'6I 3 ansingini..uoviDocunleniCenter.`Ho,nz/Viewl=l l r11I12CO Of(ielllilj of 1-eC01- - You ,are entitled under (lie it-lichig-an Freedom of Inforniaiion ict, ICL, i 5.240, to appeal this denial to the President of City Council or to conlnlence an action ill the Circuit Court within 180 days after the City's final deterininatloll to deny a request, to compel disclosure of the requcstCd. records if you believe they were wrongfully withheld from disclosure. If, after judicial review, the court deteFITltnes (flat the CII)' has not complied with N4CL, 15- jJ in tnakin; this denial and orders disclosure of all or a portion of i public record, you have tilt right to receive auorneys' fees and damages as provided in ,NICL 15.240. If the court determines in an action commenced under this section, that t11e public body has arbitrarily and capriciously violated this act by refusal or delay in disclosing or providing copiCs of a public record, the court shall order the public body to pay a civil fine oi'SI,000.0U. which shall be deposited into the general fund of the state treasury. The court shall award, in addition to any actual or compensatory damages, punitive damages in t11e amount ofS1.000.00 to the person seeking the right to inspect or receive a copy of a public record. .-lPPeul Q/'excesSiva fte. You are entitled under the -Michigan Freedom nt Information Act, MC:L 15.240a, to appeal a FOIA 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 vvithin 5 days after receiving the notice of tile. required fee or a determination of in 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 fe:.dispute. If the court determines that the City required a lee 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. ,I Amanda O'Bovle Office of the City Attorney AN"O Firth Floor. City ilaii • Larlsil-i T, Nlichi?an 48-). • (j?^ _l �_.1�?O • ^1 ti a r i:_i 1 -43- 66 99 Exh, b -44- Biehler, Deb From: Jackson, Brian Sent: . Tuesday,July 10, 2018 8:48 AM To: Biehler, Deb Subject: RE:TNT Industries LLC (Capital Wellness)Appeal to the City of Lansing Medical Marihuana Commission for Application Scoring Yes, I notice that too. Please print this email and include it in their appeal packet to document it. Brian P. Jackson Chief Deputy City Clerk, CMMC Lansing City Clerk's Office 124 W. Michigan Avenue I Lansing, MI 48933 0: 517-483-4135 Fax: 517-377-0068 brian.iackson@lansingmi.gov Website Facebook Twitter S 1 �f Chris Swope, MMC/CMC Lansing City Clerk From: Biehler, Deb Sent:Tuesday,July 10, 2018 8:47 AM To:Jackson, Brian <Brian.Jackson@lansingmi.gov> Subject: FW:TNT Industries LLC ( Capital Wellness )Appeal to the City of Lansing Medical Marihuana Commission for Application Scoring Good morning. The attached document of this appeal for TNT does not include an exhibit 5. Thanks. Deb Biehler Medical Marihuana Specialist Lansing City Clerk's Office 124 W. Michigan Avenue I Lansing, MI 48933 0: 517-483-4132 Fax: 517-377-0068 Deb.Biehler@lansingmi.gov Website I Facebook I Twitter 1 -45-