(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.)