833.01 Findings and purpose.
833.02 Definitions.
833.03 Marihuana facilities authorized.
833.04 City MMF permit required.
833.05 General provisions.
833.06 Application requirements for and issuance of a new City MMF permit; conditional approval.
833.07 Issuance of final MMF permit and authorization to operate facility under permit.
833.08 Renewals, amendments and rescissions.
833.09 Conduct of business at a medical marihuana facility.
833.10 Prohibited acts.
833.11 Grounds for denial, suspension or revocation of MMF permit; MMF permit forfeiture; hearing.
833.12 Revocation not exclusive penalty.
833.99 Penalty.
CROSS REFERENCES
Medical Marihuana Facilities Licensing Act generally Act 281 of 2016, M.C.L.A. 333.27101 - 333.27801
Michigan Public Health Code, M.C.L.A. 333.7410
Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802
The City intends to issue permits for and to regulate marihuana facilities to the extent they are permitted under the Michigan Medical Marihuana Facilities Licensing Act. The City does not intend that permitting and regulation under this chapter be construed as a finding that such facilities comply with any law. By requiring a City MMF permit and compliance with the requirements of this chapter, the City intends to protect the public health, safety and welfare by:
(a) Promoting the safe, regulated manufacturing, production, and sale by state-licensed facilities of medical marihuana, and to ensure the safe access to medical marihuana to the City's patients;
(b) Discouraging the sale of unsafe and unlicensed medical marihuana products;
(c) Preserving and protecting the health, safety, and welfare of the residents of the City and the general public by minimizing unsafe and unregulated medical marihuana production and sale; and
(d) Establishing standards and procedures by which the siting, operating, and maintaining of a Medical Marihuana Facility shall be governed.
(Ord. 02-2018. Passed 2-6-18.)
(a) Words and phrases contained in the Medical Marihuana Facilities Licensing Act ("MMFLA"). This Chapter contains many words and phrases that are defined in the MMFLA. As used in this Chapter, they have the same meaning as provided in the MMFLA, except that if at any time the definition of a word or phrase set forth in this section conflicts with the definition in the MMFLA, then the definition in the MMFLA shall apply. The following words and phrases are, and mean, as follows:
(1) “Grower” means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor, provisioning center, or another grower.
(2) “Licensee” means a person holding a state operating license.
(3) “Marihuana” means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(4) “Marihuana facility” means a location at which a licensee is licensed to operate under the MMFLA.
(5) “Marihuana plant” means any plant of the species Cannabis sativa L. Marihuana plant does not include industrial hemp.
(6) “Marihuana-infused product” means that term as defined in section 3 of the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27953.
(7) “Michigan medical marihuana act” means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(8) “Person” means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
(9) “Plant” means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
(10) “Processor” means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center or another processor.
(11) “Provisioning center” means a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a registered primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this act.
(12) “Rules” means rules promulgated under the administrative procedures act of 1969, 1969 PA 306, M.C.L.A. 24.201 to 24.328, by the Marijuana Regulatory Agency to implement this act.
(13) “Safety compliance facility” means a licensee that is a commercial entity that takes marihuana from a marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
(14) "Secure transporter" means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
(15) "State operating license" or, unless the context requires a different meaning, "license" means a license that is issued under this act that allows the licensee to operate as one of the following, specified in the license:
(A) A grower
(B) A processor.
(C) A secure transporter.
(D) A provisioning center.
(E) A safety compliance facility.
(b) Other words and phrases. The words and phrases in this Chapter, as used in this Chapter, shall have the following meanings:
(1) "Applicant" means a person as defined by M.C.L.A. 333.27102 (i.e., the Applicant/Licensee under the State License) who applies for a City MMF Permit.
(2) "Authorized person" means:
(A) An owner of a medical marihuana facility;
(B) The directors, officers, members, partners, and individuals of a medical marihuana facility that is a corporation, limited liability company, partnership, or sole partnership.
(C) Any person who is in charge of and on the premises of the medical marihuana facility during business hours.
(3) "Class A grower" means a grower of not more than 500 marihuana plants.
(4) "Class B grower" means a grower of not more than 1,000 marihuana plants.
(5) "Class C grower" means a grower of not more than 1,500 marihuana plants.
(6) “Competing MMF Permit Provisioning Center Applications” means two or more complete provisioning center license applications submitted for properties located less than 1,000 feet from each other when submitted during the same 24 hour period, defined as falling between 3:00 p.m. to 2:59 p.m. the following business day.
(7) "Conditional Approval MMF Permit" means 90-day authorization to the Applicant to apply for and seek site plan review approval, and building/trade permits. A Conditional Approval MMF Permit does not authorize use of a Facility.
(8) "Facility" means "marihuana facility" as defined in the MMFLA.
(9) "Licensee" means a person holding a City MMF Permit under this Chapter.
(10) "Marihuana" means "marihuana" as defined in the MMFLA.
(11) "Marihuana facility" means "marihuana facility" as defined in the MMFLA.
(12) "Medical Marihuana Facilities Licensing Act" and "MMFLA" mean Public Act 281 of 2016, M.C.L.A. 333.27101, et. seq.
(13) "MMF Permit" or, unless the context requires a different meaning, "permit" means a medical marihuana facilities permit that is issued under this Chapter that allows the permittee to operate as one of the following, specified in the MMF permit:
(A) A grower.
(B) A processor.
(C) A secure transporter.
(D) A provisioning center.
(E) A safety compliance facility.
(14) “MMF Permit On-site Operator” means a person who generally oversees, manages, and/or supervises operations of the MMF permit business and is generally on the site during the majority of each business day of the MMF permit business.
(15) “MMF Permit Provisioning Center Pick List” means a City-generated list of desired property and community attributes including but not limited to energy efficiency, aesthetic improvements, stormwater reduction, etc. for which applicants voluntarily select to incorporate into their MMF Permit provisioning center application when located in the C-2 to C-7 zoning districts.
(16) "Person" means the entities included in the definition of "person" in Section 202.03 of the City of Battle Creek Ordinances, in addition to the entities included in the definition of "person" in the MMFLA.
(17) "Sponsorship" means any marketing or advertising in association with a specific event, project, or program, including but not limited to where a person or entity pays for all or some of the associated costs.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22.)
Pursuant to the MMFLA, the City of Battle Creek authorizes the operation in the City of the following marihuana facilities, provided they possess a state operating license issued under the MMFLA and they comply with the additional requirements of this Chapter, Chapter 1251, Section 23, 26 through 31 related to Medical Marihuana (Zoning) and all other applicable zoning ordinances, laws, administrative rules, and ordinances:
(a) Grower, including Class A grower; Class B grower; Class C grower; and Excess marihuana grower.
(b) Processor.
(c) Provisioning center.
(d) Secure transporter.
(e) Safety compliance facility.
(Ord. 02-2018. Passed 2-6-18; Ord. 11-2022. Passed 11-1-22; Ord. 10-2023. Passed 10-17-23.)
(a) No person shall operate a facility for which an annual MMF Permit as provided for in this Chapter has not been issued or has expired due to failure to timely renew as set out below in Section 833.08
.
(b) No person or entity that was open or operating any facility purporting to produce, manufacture, test, transfer or transport medical marihuana or marihuana prior to the adoption of this ordinance by the City Commission shall be considered a lawful use or lawful nonconforming use.
(c) The MMF permit requirement in this chapter applies to all facilities that exist on the effective date of this chapter or are established after the effective date of this chapter. This includes all persons who engage or have engaged in any of the activities that are included in the definitions in the MMFLA of the types of entities that may obtain a state operating license, without regard to whether they called or call their businesses "dispensaries," "cultivation facilities," "clubs," "cooperatives," or any other similar label. A person who engaged in any of the activities that are included in the definitions in the MMFLA of the types of entities that may obtain a state operating license before the effective date of the MMFLA or before obtaining a state operating license does not have a vested right to obtain a City MMF Permit.
(d) The MMF permit requirement in this Chapter applies to all facilities whether operated for profit or not for profit.
(e) The MMF permit requirement in this Chapter shall be in addition to any other requirements imposed by any other state or local law, including but not limited to state or local laws applicable to commercial entities performing functions similar to the functions performed by marihuana facilities.
(f) The issuance of any MMF permit pursuant to this Chapter does not create an exception, defense or immunity to any person with regard to any potential criminal or civil liability the person may have under any federal or state law or city ordinance.
(g) This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.
(h) The term of the final MMF permit shall not exceed one year (except as provided below for permits issued in the month of December), and fees are not prorated. The permit year shall begin on January 1 in each year, or the date upon which the final MMF permit was approved, whichever occurs later, and shall terminate on December 31 unless earlier terminated as provided in Section 833.11
. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the next calendar year following issuance thereof, unless terminated sooner under Section 833.11
. All permits issued pursuant to this chapter must be renewed on an annual basis. An MMF Permit is automatically suspended on the date of expiration, and is subject to Section 833.08
below. To renew an existing permit the licensee shall submit an application in the same manner as is required to apply for a new permit no sooner than ninety days before the expiration date and no later than sixty days before the expiration date. An application for a permit renewal received after November 1 of each year shall be considered late and will be subject to a late fee. No renewal applications will be accepted after December 1 of each year. A new MMF permit application will be required for failure to submit a renewal application by December 1.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22; Ord. 10-2023. Passed 10-17-23.)
(a) An MMF permit issued under this Chapter is valid only for the location of the facility and type of facility that is listed on the MMF permit application and is valid only for the operation of the facility at that location by the MMF permit Applicant, providing the facility remains in compliance with all other requirements in this chapter and Chapter 1251.
(b) An MMF permit issued under this chapter is valid only if the permit holder also holds a valid current state operating license, and a copy of the valid current State license has been provided to the City Cannabis Coordinator by the MMF permit holder.
(c) The revocation, suspension, and placement of restrictions by the state on a state operating license apply equally to an MMF permit issued by the City.
(d) The expiration date of the state operating license that corresponds to an MMF Permit issued under this chapter constitutes the expiration date of the license, however, operation of the facility under the expired license is permitted to the extent that operation under the expired state operating license is permitted under the MMFLA.
(e) An MMF Permit issued by the City under this chapter and the State Medical Marihuana Facility License shall be conspicuously posted in the facility where it is easily open to public view, City officials, including BCPD and the Fire Department.
(f) Acceptance of an MMF Permit from the city under this chapter constitutes consent by the permittee, owners, managers and employees to permit City Administration or its designee to conduct inspections of the facility to ensure compliance with this chapter.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22.)
(a) Application for new annual MMF Permit. An application for a new annual MMF permit for a marihuana facility shall be submitted in person by the Applicant or their State licensed attorney to the City Cannabis Coordinator on a form provided by the City, which shall fulfill all of the requirements indicated on the form. An Applicant shall truthfully and fully provide all of information requested on the application, including but not limited to, the following:
(1) The name and address of the proposed facility and any other contact information requested on the application form.
(2) The Applicant's full name, business address, e-mail address and phone number and presentation of a valid, government-issued photo identification.
(3) The name and address of all owners of the real property where the facility is located.
(4) Name and address of all business managers of the facility.
(5) A statement with respect to each person named on the application whether the person has:
(A) Ever been convicted of a felony involving controlled substances as defined under the Michigan Public Health Code, M.C.L.A. 333.1101 et seq., the federal law, or the law of any other state and, if so, the date of the conviction and the law under which the person was convicted.
(B) Ever been convicted of any other type of felony under the law of Michigan, the United States, or another state, and, if so, the date of the conviction and the law under which the person was convicted.
(6) Proof of an Applicant's ownership or legal possession of the premises and, if the Applicant is not the fee title owner, the written, notarized consent of the property owner where the facility is proposed to be located to operate a facility at that location.
(7) A City-issued zoning assurance letter, provided with the MMF Permit application, signed by the Applicant which affirms that the Applicant has reviewed all applicable zoning ordinances relative to the proposed use, including Ch. 1299 and all regulations addressing site development including, but not limited to parking, setbacks, and signage.
(8) State of Michigan Department of Licensing and Regulatory Affairs document indicating approved prequalification status by the Cannabis Regulatory Agency for the applicant or applicant’s entity.
(9) If the type(s) of Facility under the MMFLA application consists of a grower's permit, the maximum number of plants that the Applicant intends to grow. The application form for a grower's permit is the same for a Class A, Class B, or Class C license and one application fee for a grower's license shall apply without regard to the class of state operating license the permit application seeks. An application fee pursuant to Section 802.24 for each grower’s license Class shall apply.
(10) Payment of a non-refundable application fee, which shall be established by resolution of the City Commission and set out in the Fee, Bond, and Insurance schedule provided for in Section 802.24.
(11) MMF Provisioning Center Pick List and supporting documentation which shall be incorporated into the MMF provisioning center application regardless of any competing MMF Permit provisioning center applications. Once items on the Pick List have been voluntarily selected and submitted with the application, it is mandatory that those items be satisfied.
(12) If the license holder is not the On-site Operator, indicate name and contract information of the On-site Operator.
(b) Upon filing of the application for an MMF Permit, the City Cannabis Coordinator shall review and evaluate the application, along with other necessary City departments. In determining whether an MMF Permit should be issued, the City shall evaluate whether the application is complete.
(c) The City Cannabis Coordinator shall reject MMF permit Provisioning Center application(s) which selected fewer items in its Pick List than a Competing MMF permit Provisioning Center Application(s) where each were submitted and determined to be complete during the same 24 hour period, defined as falling between 3:00 p.m. and 2:59 p.m. the following business day.
(1) The applicant of the denied application may apply their submitted application fee from the denied application towards a new property location if submitted within 10 business days after the initial application denial. If no new application is submitted within that period, a partial refund shall be provided as set out in Section 802.24 Fee, Bond and Insurance Schedule.
(d) Conditional Approval Permit. Approval of the new annual MMF Permit application after review as set out in below Section 833.11
will result in the issuance of a 90 day Conditional Approval Permit, which authorizes the Applicant to apply for and seek site plan review approval, and building/trade permits. A Conditional Approval Permit does not authorize use of a Facility. Within ninety days of issuance of the Conditional Approval Permit, the Applicant shall submit proof of an approved City site plan review and building/trade permits to the City Cannabis Coordinator.
(1) If application for site plan approval and local permits as outlined above were made but are not obtained within ninety days, the Conditional Approval Permit shall expire and a new permit application shall be submitted pursuant to Section 833.06
. Extensions may be approved by the City Cannabis Coordinator based on substantial work having been completed as determined by the City and at the request of the Applicant 30 days prior to the expiration of the Conditional Approval Permit.
(2) If no site plan or building plans have been submitted for permits within the ninety days, the Conditional Approval Permit expires, and an Applicant will be required to wait thirty days before submitting a new application.
(3) If local permits expire without the work having been completed, then the conditional approval permit shall expire. A new permit application may be submitted pursuant to Section 833.06.
(4) If local permits expire without the work having been completed and an extension was not timely applied for, or was denied, then the Conditional Approval Permit shall expire. A new permit application shall be submitted pursuant to Section 833.06
.
(5) In the event that the facility does not obtain a Final MMF Permit within ninety days of issuance of a Certificate of Occupancy or ninety days from the issuance of a 90-day Conditional Approval Permit if a Certificate of Occupancy had previously issued, the 90-day Conditional Approval Permit shall expire. A new permit application may be submitted pursuant to Section 833.06
. The City Cannabis Coordinator may grant one extension for up to ninety days to obtain a Final MMF Permit and commence operations upon the receipt of a written request, submitted not later than seven days prior to the expiration date, but only upon the condition that the Applicant submitted its Step Two Final application request to the Agency for a state license within thirty days after having been granted a Certificate of Occupancy by the City, and the cause for delay rests solely with the Agency.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22; Ord. 10-2023. Passed 10-17-23.)
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