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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.)
(a) If the MMF permit Applicant has successfully demonstrated compliance with all requirements included within the Conditional Approval Permit for issuance of a Permit, including but not limited to, the location conforming to all standards of the zoning district in which it is located, then the City Cannabis Coordinator shall issue a Final MMF permit to the Applicant, or grant renewal of an existing MMF permit.
(b) An issued final MMF permit is active beginning the date of the issued permit and expires December 31 of same year except when a final MMF permit is issued during the month of December, which will expire on December 31 of the following year.
(c) The issuance of a final MMF permit under this chapter authorizes operation of the facility only after the following additional requirements are met:
(1) The Applicant has provided the City Cannabis Coordinator with copies of the Applicant's state operating license and the Certificate of Occupancy for the premises.
(2) The Applicant has provided the City Cannabis Coordinator a copy of the State approved premises security plan. The said security measures on the premises are subject to inspection and must be approved by the Battle Creek Police Department and comply with the following:
(A) Fully operational security cameras shall monitor all areas of the premises as required by State Administrative Rules, including but not limited to Admin. Code R. 420.209.
(B) Recordings from security cameras shall be maintained for a minimum of 14 days, except for in instances of investigation or inspection by the Department, or the City Police Department (BCPD), through its investigators, agents, auditors, or the State Police, in which case the MMF permittee shall retain the recordings and make them available to BCPD upon request until such time as the department or the City notifies the MMF permittee that the recordings may be destroyed.
(C) The City Manager may adopt regulations implementing security measures, including but not limited to regulations on the design, location, maintenance, and access to the cameras and recordings so long as they do not conflict with state rules and regulations. City regulations shall take effect 30 days after being filed with the City Clerk unless modified or disapproved by the City Commission.
(D) A monitored alarm system consistent with State Administrative Rules, including but not limited to Admin. Code R. 420.209.
(E) A storage room for overnight storage of any marihuana product and cash on the premises consistent with State Administrative Rules, including but not limited to Admin. Code R. 420.212.
(3) The Applicant has provided the City Cannabis Coordinator proof that all City taxes and assessments owed by the applicant have been paid and any assessments, taxes, or liens on the real property to comprise the licensed premises and personal property located on the licensed premises are also paid.
(4) The Applicant has provided the City Cannabis Coordinator proof that the applicant is not in violation of any City ordinances on any other property under the applicant’s ownership or control located within the City.
(d) The Applicant shall provide the City with a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of the following types of insurance, as well as a copy of an endorsement placed on each policy requiring 10 days' notice by mail to the city before the insurer may cancel the policy for any reason:
(1) Worker's compensation insurance in accordance with Michigan statutory limits and Employers Liability Insurance with a minimum limit of $100,000.00 for each accident for any employee.
(2) Public liability and personal injury insurance with minimum limits of $500,000.00 for each occurrence with respect to bodily injury liability or property damage liability, or both combined.
Documentation must explicitly state the following: (A) policy number; (B) name of insurance company; (C) name and address of the agent or authorized representative; (D) name and address of the insured; (E) location of coverage; (F) policy expiration dates; and (G) specific coverage amounts.
An original certificate of insurance may be provided as an initial indication of the required insurance. Applicant shall be required to continue without interruption during the term of the MMF permit the above named insurance coverages. If any of the above coverages expire by their terms during the term of a permit, the Applicant shall deliver proof of renewal and/or new policies to the City’s Cannabis Coordinator at least 10 days prior to the expiration date. Insurance companies, named insured and policy forms shall be subject to the approval of the City Insurance Loss Control Specialist or designee, within 5 business days. Insurance policies shall not contain endorsements or policy conditions which reduce coverage required under the terms of the MMF permit.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22.)
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