Council denies Golden Rockies appeal over marijuana license scoring; petitioner asked council to direct further investigation of competitor

The Utica City Council on Tuesday rejected an administrative appeal by Golden Rockies, Inc. that challenged the city's scoring and award of local marijuana licenses and asked the council to direct a follow-up investigation of another applicant, Cloud Cannabis.

Aaron Geyer, corporate counsel for Golden Rockies, argued the appeal before the council. Geyer said his client alleged multiple, material misrepresentations in Cloud's application package, including overstated tangible capital investment, staffing plans that conflict with on-site parking and claims about environmental remediation at the Cloud site. He requested that the council direct the city clerk to investigate whether Cloud had made false statements after licensing and to adjust scores or revoke a license if warranted.

City attorney Miss McGrail and other staff said the hearing officer appointed to review the administrative record, Richard Albright, upheld the clerk's scoring while recommending the clerk investigate whether actions after licensing merited further steps. McGrail said the clerk rated applications based on the information available at the time of scoring; she noted that some materials are not subject to FOIA and that the city lacked subpoena power to obtain certain documents absent additional procedures.

After discussion, councilmember Torenzi moved to reject Golden Rockies' appeal; Weaver seconded. The motion passed by roll call vote with the majority voting to deny the appeal and DeVrent recorded an abstention. The clerk announced the motion carried.

Geyer told council that Golden Rockies provided specific requested adjustments to its own scores (for staffing and past-acts categories) and proposed precise point reductions to Cloud's scores tied to capital investment, remediation and land-development consistency. Council did not adopt Geyer's requested scoring changes.

The hearing officer's written report'referenced at the administrative hearing'noted that, if the record supported it, the clerk should investigate post-award facts that might justify revocation. Council concluded the administrative appeal by voting to reject Golden Rockies' formal appeal rather than ordering an investigation at this time.

Speakers who participated in the public portion of the item included Aaron Geyer (Golden Rockies' counsel), Kevin Abdallah (identified as the former owner of Cloud Cannabis, present as an observer) and City Attorney Miss McGrail. The council's vote to deny the appeal is recorded in the official minutes.