Title
A RESOLUTION DENYING A BUSINESS LICENSE APPLICATION FOR THE SALE OF NON-CONSUMABLE HEMP PRODUCTS
Summary
Description of Topic:
The City of Foley received a business license application from The Friendly Facilitator, located at 155 West 9th Avenue, Foley, Alabama 36535, to sell non-consumable hemp products and, upon demonstrating compliance with Alabama Act No. 2019-502 as amended by House Bill 445 (HB445), to also sell consumable hemp products. According to legal, the owner will need a letter from the
City (in December) stating that we will license the facility upon compliance, to proceed with ABC regulations. This resolution is to set a precedent for non consumable hemp products only.
The owner will proceed, at a later time, to seek approval through a process similar to Liquor Licenses.
Staff Recommendation:
Approval of the business license application for The Friendly Facilitator, authorizing the sale of non-consumable hemp products only.
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley has received a business license application from The Friendly Facilitator, located at 155 West 9th Avenue, Foley, Alabama 36535, for the purpose of engaging in the sale of non-consumable hemp products within the corporate limits of the City of Foley; and
WHEREAS, the City of Foley recognizes that the sale, possession, and distribution of hemp and hemp-derived products are governed by Alabama Act No. 2019-502, as amended by House Bill 445 (HB445), enacted during the 2024 Regular Session of the Alabama Legislature; and
WHEREAS, HB445 and related state regulations establish requirements and restrictions for the lawful sale of hemp and hemp-derived products, including prohibitions on certain consumable hemp products and compliance obligations for labeling, testing, and registration as regulated by the Alabama Department of Agriculture and Industries (ADAI); and
WHEREAS, the City Council of the City of Foley finds it necessary to ensure that any applicant for a business license involving hemp products is in full compliance with HB445, Alabama Act No. 2019-502, and all other applicable state and federal laws; and
WHEREAS, City staff has reviewed the application and presented findings and recommendations regarding the applicant’s compliance status and the conditions necessary for approval;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foley, Alabama, as follows:
That the business license application submitted by The Friendly Facilitator, located at 155 West 9th Avenue, Foley, Alabama 36535, for the sale of non-consumable hemp products only is hereby is DENIED.
If approved, such approval shall be limited exclusively to the sale of non-consumable hemp products and shall not authorize the sale of any consumable hemp products or derivatives regulated under HB445 or Alabama Act No. 2019-502.
The applicant shall maintain full compliance with all applicable state, federal, and local regulations governing hemp and hemp-derived products. Failure to do so shall be grounds for revocation or suspension of the business license by the City of Foley.
This Resolution shall become effective immediately upon its adoption.