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Home My WebLink About2018.12.21.MM Commission PacketLansing 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 City of Lansing Medical Marihuana Commission Friday, December 21, 2018 2:00 PM 2500 S Washington Avenue City Clerk’s Training Room Meeting Agenda 1. Call to Order 2. Approval of the Agenda 3. Approval of Minutes 4. Approval of 2019 Meeting Schedule 5. Public Comment on Agenda Items 6. Commission Appeal Hearings Appeals are heard following the approved Medical Marihuana Commission Appeal Hearing Format First Class, Inc – 2515 N Grand River Ave QPS Michigan Holdings, LLC – 4924 S Martin Luther King Jr Blvd Seman Consulting Services, Inc – 5025 S Pennsylvania 7. Excused Absences 8. Public Comment 9. Other Updates 10. Adjournment Chris Swope Lansing City Clerk Timeline Seman Consulting Services Inc 5025 S Pennsylvania Lansing, Michigan 48910 December 14, 2017 – Application submitted December 21, 2017 – Department review of applications begins October 25, 2018 – Incomplete Application denial letter sent………………..…………...1 November 8, 2018 – Hearing Officer Appeal submitted………………..…..…………......10 November 10, 2018 – Appeal to Hearing Officer November 13, 2018 – Hearing Officer Denial letter sent…………..………………….….…12 December 10, 2018 – Commission Appeal submitted……………………….………..………19 November 30, 2018 – Commission Hearing date email…………………………..………....22 stamP.s. end1c1a Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 0387 5580 67 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.35 Weight: 1 lbs. Print Date: 1012512018 Mailing Date: 1012512018 From: To: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Seman Consulting Services Inc. 2745 Wyncliff Drive Commerce Twp Ml 48390-5488 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no lea for Delivery Confirmation'" service on Priority Mail services with use of this electronic shipping label. Postmark reQLired 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. Clerk Staff Statement of Facts Included in this packet are: 1. Denial Letter to Applicant 2. Sign in sheet from Commission Hearing October 19, 2018 3. Email from Office of the City Attorney to Commission Hearing Attorney and response 4. Pertinent pages from the original submitted Provisioning Center application 5. Appeal -2- Stakeholder Information -Corporations, LLCs, LLPs or Other non-individual entities must complete this sheet for every additional Applicant or Stakeholder. You must desianate one Stakeholder as Emeraencv Contact. Make additional copies as needed. Name I Date of Birth Renee Azzo Seman Phone Number I Secondary Phone Number Address City I State Zip 2785 Wyncliff Drive Commerce Twp Ml 48390 Email Address Designated Emergency Contact for Applicant? m Yes 0No Name I Date of Birth Phone Number I Secondary Phone Number Address I City State Zip Email Address Designated Emergency Contact for Applicant? D Yes 0No Name Date of Birth Phone Number Secondary Phone Number Address I City I State Zip Email Address Designated Emergency Contact for Applicant? D Yes ONo Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131·517-377-0068 FAX www.lansingmi.aov/clerk • citv.clerk@lansina.mi.aov C:\Users\bbraun\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conlent.Oullook\4J05DQLN\Medical Marihuana Provisioning Center Application.docx Page 2 of 7 -8- Operator and employee information -must be completed for every operator and employee. You must also submit a copy of photo identification for each. Make additional copies as needed. lame I Date of Birth Eric Anthony Wilson Phone Number I Email Address 313-898-2608 n/a Address City I State Zip 123 Hungerford St Lansing Ml 48917 Name I Date of Birth Jamley Monique Seman Phone Number Email Address 248-850-0611 n/a Address I City State Zip 50070 Helfer Blvd Wixom Ml 48393 Name I Date of Birth Christina Marie Dungy Phone Number I Email Address 517-899-2608 n/a Address City State Zip 1925 Carvel Ct Lansing Ml 48910 Name Date of Birth Henry Faron Yacoub Phone Number Email Address 248-259-3727 n/a Address City State Zip 3092 Belcher Dr Sterling Heights Ml 48310 Name Date of Birth Phone Number I Email Address Address I City I State Zip Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing. Ml 48933-1695 517-483-4131 • 517-377-0068 FAX www.lansinami.aovlclerk • citv.clerk«'Vlansing.mi.gav C:\Users\bbraun\AppData\Local\Microsofl\Windows\Temporary Internet Files\Content.Outlook\4J05DQLN\Medical Marihuana Provisioning Center Application.docx Page 4 of 7 -9- PLUf\Jl<ETT :COONEY Nove111berB, 201B Vii\ EM1\I I.<1tcleh.hit~hkr@l<rnsingmi.gov Cil'rk Chris S\vope Lansing City Clerk's Office Ninth Floot", City Hall L::'.11. W Michigan i\ve l.ansing, iv\l 1\B933-l 695 RE: Appeal of Denial of Medical Marihuana Provisioning Center Applicant Seman Consulting Services, Inc. located at 50:25 Pennsylvania /\venue Dear Cler-I< Swope: Please be <Jdvised that I represent the above-refcn~nced focility. On October· 19, 2018, the Medical M<1rihuan<1 Commission determined th<1t the original scoring of the above- rdcrcnccd provisioning center W<lS arhitTary <llld cc1p1·icious and rc111<lnc!cd thl! tn<lltcr back to your office for 1·cscori11g. lnstcJd of rescor·ing this rnattN, your· office has ag<lin denied the application in corn~spondcnce dated October 25, 2018. 1\lthough mdcred by the C:o111rni ssion, your office contends th<1t rcscor·i11g is not 11ecess;1ry because City Ordin<111ce Section 1300.UCi(a) states: "No <lpplication shall be accepted for assessment, evaluation, sco1·i11g, and 1«rnking unless such application contains tire approvals required by Section 1300.0S." (Emph;1sis <1dckcl). There is 110 evidence on the record i11 chis matter that this applicant failed to ubtClin any required approvals required by Section 1 :rno.s including but not limited to: the Fire Department, the Building Sarety Office, the Police Department, the Zoning i\dministrator, and the City Treasurer. Otherwise, Section 1 :rno.6(a) requires the City Clerk "sh;d[ <1sscss, cv<iiuate, srn1·e ;111d r:111k all <1pplications submitted according to the prnvisions of this cl1<1ptcr." Your office now alleges that M;11"tino Scm;rn is <111 crnployee. Mr. Seman did appeM at tile Commission's hea1·ing of Octohl'r 19, :w 1 H, and discussed the security system ill th e facility, ;rnd thCt"e was a statement that he monitored the security e<11ncras off-site. The definition of employee in the ordinance is ;:1s follovvs: /.:"111p/oyee means any individwil 1.vho is employed hy ;111 emp!uycr in 1·c·turn for the payment of direct or indirect monetary wages 01· prnfit, under contract, and ;rny individual wlio volunteers his or her services to <111 In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION Seman Consulting Services, Inc. Referenced Location: 5025 Pennsylvania Ave. Provisioning Center License 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 SEMAN CONSUL TING, INC. and its license application for a Medical Marihuana Provisioning Center that the license application remain denied. FACTS SEMAN CONSUL TING, INC. ("Appellant") was denied a business license from the City of Lansing. On appeal in front of the Commission, a representative for Appellant appeared and spoke but did not sign in. By email dated October 22, 2018 at 11 :00 AM, the Assistant City Attorney inquired of Appellant's counsel the name and relationship to Appellant of the attendee. Appellant counsel responded to the inquiry by email October 22, 2018 at 7:05PM with the person's name and that he "was a staff supervisor at the facility" By letter dated October 25, 2018, Appellant was informed that it failed to submit a complete application because the Commission meeting attendee was not disclosed as an employee. As a result of the incomplete application, Appellant's license application was denied. Appellant counsel, who responded to the Assistant Attorney email, subsequently appealed the denial stating "[y ]our office now alleges that [Redacted] is an employee." This appeal is now in front of the hearing officer to make a determination related to the appeal. APPLICABLE LAW & REASONING The issue is whether Appellant's Provisioning Center License Application for the City of Lansing was erroneously denied. At the denial of a license under City of Lansing Ordinance No. 1217, an applicant: May appeal to the city clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the clerk. Such appeal shall be taken by filing with the city clerk, within 14 days after notice of the action complained of -16 - Page I or 3 PLUNKETT COOf\J EY - November B. 20Hl VI/\ EMAIL <lt cleb.bichler<Culansin gmi.!!OV Cle!'!( Chris Swope Lansing City Clerk's Office Ninth Floor, City Hall 12 11 W Michigan i\ve Lansing, M! 11-B933-H)95 RE: Appeal of Denial of Medical Marihuana Provisioning Center Applicant Seman Consulting Senriccs, Inc. located at 5025 Pennsylvania /\venue Dear Clerk Swope: Please be cidvised that I represent the above-refer·enced facility. On October lY, 2018, the Medie<ll l'vlarihuana Commission determined that the original scoring of the above- referenced prnvisioning center \·Vas arhitr·ary and capricious and remanded the matter back to your office for rcscoring. Ins tead of rescoring this matter·, your office has again denied the application in correspondence dated October 25, 2018. 1\lthough ur·dered by the Commission, you r· office co ntends that rcscori11g is not necessa ry because City Ordinance Section 1300.UCi(a) states: "No application shall be accepted ior assessment, evaluation, scoring, and ranking unless such application contains the approvals n;quirecl by Section 1300.0S." (Ernph,1sis added). There is 110 evidence on the record in thi s matter· that this app!icant failed to obtain any required <l pproval s required lly Section 1 :rno .s including but not limited to: th e Fire Department, the Building Safety Offi ce, the Police Department, the Zoning Administrator, and the City Treasurer. Otherwise, Section U00.6 (<1) rcquir·es tile City Ciel"!< "s h;ill assess. evaluate, score <rnd rank all applications submitted according to the provisions of this chapter." Your office now alleges that Martino Sem<rn is an employee. Mr. Scm<rn did <1ppcar at the Commission's hearing of October 19, :rn I il, and discussed tile secur·ity system <lt tile facility, and there was a statement that he monitored the security cameras off-site. The definition of employee in the ordinance is as follO\•vs: l:.rnployec medns any individual \·vl10 is employed by an employer in return for the payment of direct or indirect monetary wages or· profit, und er contrzict, and any individual who volunteers his or her services to <111 ATTORNEYS"' cot·····i:1.0RS ;\I l./\W -20-wi;(I'} \\·\II )c/\\'.tr d ;\Vt'., ..., LI I{ t' l 00 • B 11 ) I irn ! ll 'ld i ! J/1 .... , ;\ t I l.'I :n I .. I : ' .. l :·1 I c HJ I ··ii!()[ l • f r ~~,J:L f!f) ! II ).Ii J • p I! r fl kl' 11 r ( \( ){ lt_'V.t t I J 11 RE: Appeal of Denial of Medical Marihuana Provisioning Center Applicant -Seman Consulting Services, Inc. located at 5025 Pennsylvania Avenue Page 2of2 November 8, 2018 employer for no monetary compensation, or any individual who performs work or renders services, for any period of time, at the direction of an owner, lessee, of other person in charge of a place. Under this broad definition, "any individual who performs work or renders services, for any period of time, at the direction of an owner, lessee, of other person in charge of a place" would include attorneys, CPAs, consultants, plumbers, electricians, and waste haulers, among others. There is nothing on the record to indicate that Mr. Seman received compensation, handled marihuana product, or was an on-site supervisor. If this facility is required to disclose "any individual who performs work or renders services, for any period of time, at the direction of an owner, lessee, of other person in charge of a place", whether or not they volunteer or are a consultant, then all facilities must be required to do so. A denial for any reason other than failure to obtain an adequate score must be based on the criteria set forth in Section 1300.15(b). The denial contained in the correspondence of October 25, 2018 does not cite any basis in Section 1300.15. Therefore, this matter should be rescored as ordered by the Commission. Very truly yours, Plunkett Cooney Jeffrey M. Schroder Direct dial: (248) 594·2796 Email: jschroder@plunkettcooney.com JMS/nw Open.25916.62484.21200007·1 -21-