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(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.)
(a) Renewal of Final MMF Permits.
(1) Only an issued MMF Final Permit may be renewed. Applicants seeking renewals shall file a new application pursuant to Section 833.06.
(b) Amendments.
(1) Amendment of MMF Application without Conditional or Final MMF Permit approval.
(A) Prior to a decision of a Conditional Permit, an MMF application may be amended under any of the following circumstances:
(i) Change in property ownership or property lessee/lessor name(s);
(ii) Clerical errors/omissions such as misspelling, wrong numbering, or other similar items in the submitted application; or
(iii) Any City required amendments of clarifications, clerical errors, additional entity background information, additional property information, or other relevant information required for City decision.
(B) Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
(C) Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the Applicant.
(2) Non-substantive changes to approved conditional or final MMF Permit.
(A) After receiving an approved conditional or final MMF Permit, and MMF application may be amended for any of the following:
(i) Any circumstance listed under subsection (b)(1)(A).
(ii) Prior to receiving an approved Final MMF Permit, any change which will not increase the project intensity, as solely determined by the Zoning Administrator, including but not limited to: building size, number of marihuana plants, hours of operation, type of MMF use. The Zoning Administrator’s decision as to whether the change shall be permitted as not increasing the project intensity shall be considered a final determination. If the Zoning Administrator determines that such change require the submittal of a new or amended Site Plan Application or Building/Trade Permits, then these items shall be mandatory and enforceable.
(B) Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
(C) Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the Applicant.
(3) Substantive changes to an approved Conditional or Final MMF Permits.
(A) Substantive changes to an approved Conditional or Final MMF Permit require the filing of a new application pursuant to Section 833.06. The following changes shall be considered “substantive,” as intended by this subsection:
(i) An increase in the project intensity as determined solely by the Zoning Administrator including, but not limited to: number of marihuana plants, hours of operation, or other aspects of the project which have an effect on the intensity, visual appearance, noise or odor levels, or other possible impacts to surrounding properties, public services/infrastructure.
(ii) Adding a new MMF use on the same property as the approved Conditional or Final MMF permit.
(iii) Lapse in the 90-day Conditional Permit period without having fulfilled requirements pursuant to Section 833.06(b).
(iv) A request to remove any item(s) selected on the submitted MMF Provisioning Center Pick List.
(c) Transferring approved Conditional or Final MMF Permit.
(1) The transferring of an approved Conditional MMF Permit which changes the listed applicant to a different entity or person is prohibited.
(2) The transferring of approved Conditional or Final MMF permits to another location is prohibited.
(3) The transferring of an approved Final MMF Permit which only changes the listed applicant to a different entity or person is allowed with the submittal of:
(i) Document consisting of a notarized and original signatures;
(ii) State of Michigan Licensing and Regulatory Affairs Department document indicating approval of applicant or applicant’s entity of Department’s Step 1: Prequalification Document Checklist; and
(iii) Fee as established in the Fee, Bond, and Insurance schedule provided for in Section 802.24.
(d) Rescission of approved Conditional or Final MMF Permit.
(1) An applicant may rescind an approved Conditional or Final MMF Permit at any time to effectively remove such Permit from the associated property.
(2) The rescission is effective as of the time and date of a City approval of a completed rescission City form.
(3) Once rescission is effective, an applicant receiving the approved rescission cannot file a new MMF application within 10 business days anywhere within the City of Battle Creek.
(4) No fees paid in conjunction with the rescinded approved Conditional or Final MMF Permits shall be refunded.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22.)
(a) A medical marihuana facility shall be conducted in compliance with the MMFLA, the rules promulgated pursuant to the MMFLA, including but not limited to the Administrative Rules, the MMMA, and all other laws, rules, and regulations of the state of Michigan and the City of Battle Creek.
(b) All marihuana in any form kept at the location of the medical marihuana facility shall be kept within an enclosed, secured building and shall not be visible from any location outside of the building except as may specifically be provided under City zoning ordinances.
(c) Marihuana facilities shall be closed for business, and no sale or any distribution, delivery or receipt of marihuana in any form shall occur upon the premises between the hours of 12:00 a.m. and 7:00 a.m.
(d) An authorized person shall consent to the entry into a marihuana facility by the Building Official and Zoning Inspectors or their designee for the purpose of inspection to determine compliance with this chapter and Ch. 1251, pursuant to a notice posted in a conspicuous place on the premises two or more days before the date of the inspection or sent by first class mail to the address of the premises four or more calendar days before the date of the inspection.
(e) All security measures required in this chapter shall be maintained in good working order. The premises shall be monitored and secured 24 hours per day.
(f) All marihuana in any form on the premises of a marihuana facility shall be marihuana cultivated, manufactured, testing, sold, and packaged in the State of Michigan.
(g) Access to the facility is restricted to the MMF permittee, employees of the permittee, and registered qualifying patients and registered primary caregivers with valid registry cards, if applicable, and the department, through its investigators, agents, auditors, or the State Police or BCPD. A separate waiting area may be created for visitors not authorized to enter the marihuana facility.
(h) Marihuana products must be marketed or advertised as "medical marihuana" for use only by registered qualifying patients or registered primary caregivers.
(i) A person or entity that receives an MMF Permit under this chapter shall display its Permit and, when issued, its State Medical Marihuana Facility License in plain view clearly visible to City officials and State Medical Marihuana Licensing Board authorized agents.
(j) MMF Permittees shall notify the agency and local law enforcement authorities within 24 hours of becoming aware of or within 24 hours of when the applicant should have been aware of the theft or loss of any marihuana product or criminal activity at the marihuana business.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18; Ord. 11-2022. Passed 11-1-22.)
It shall be unlawful:
(a) For any person to violate any provision of this chapter or any condition of any permit granted pursuant to this chapter.
(b) For any person to produce, distribute or possess more marihuana than allowed by any applicable state or local law.
(c) For any person to produce, distribute or possess marihuana in violation of this chapter or any other applicable state or local law, including but not limited to applicable zoning ordinances, Chapter 1230 of these ordinances, and state administrative rules.
(d) For any person to make any changes or allow any changes to be made in the operation of the marihuana facility as represented in the MMF permit application, without first notifying the City by amending its application.
(e) For any MMF permittee to advertise or market marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.
(f) For any person to market or advertise marihuana products to minors aged 17 years or younger. Sponsorships targeted to members aged 17 years or younger are prohibited.
(g) For an MMF permittee of a facility to allow a physician to conduct a medical examination or issue a medical certification document on the premises for the purpose of obtaining a registry identification card, regardless of whether the Permittee was present at the time the prohibited conduct took place.
(h) For an MMF permittee of a facility to allow the sale, consumption, or use of alcohol or tobacco products on the premises.
(i) For any person to reside or permit any person to reside in or on the premises of a Marihuana Facility.
(j) For any person to use medical marihuana, in any form, anywhere within a facility or on the property or a facility.
(Ord. 02-2018. Passed 2-6-18; Ord. 11-2022. Passed 11-1-22.)
(a) Grounds for Denial.
(1) The City’s Cannabis Coordinator shall reject any application that does not meet the requirements of the MMFLA or this Chapter. The City’s Cannabis Coordinator shall reject any application that contains any misrepresentation or omission of any material fact (materiality as determined by the City), or false or misleading information, or the Applicant has provided the City with any other false or misleading information related to the facility.
(2) An Applicant is ineligible to receive a license under this Chapter if any of the following circumstances exist regarding the Applicant or an Applicant's Affiliate (as defined by the MMFLA):
(A) Conviction of or release from incarceration for a felony under the laws of this state, any other state, or the United States within the past ten years or conviction of a controlled substance-related felony within the past ten years. This subsection does not apply to a felony for the manufacturer, processing, or distribution of marihuana, or possession with the intent to manufacture, process, or distribute marihuana, unless the felony involved the distribution of marihuana to a minor.
(B) Within the past five years, conviction of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state. This subsection does not apply to a misdemeanor or ordinance violation for the possession or use of marihuana.
(C) Any person required to be named on the permit application is convicted of a crime which, if it had occurred prior to submittal of the application, could have been cause for denial of the permit application.
(D) The Applicant has knowingly submitted an application for a license that contains false, misleading or fraudulent information, or who has intentionally omitted pertinent information on the application for a license.
(E) Is a member of the Board as defined by M.C.L.A. 333.27102(d).
(F) The Applicant fails to provide and maintain adequate premises liability and casualty insurance for its proposed marihuana facility.
(G) Holds an elective office of a governmental unit of this state, another state, or the federal government; is a member of or employed by a regulatory body of a governmental unit in this state, another state, or the federal government; or is employed by a governmental unit of this state. This subdivision does not apply to an elected officer of or employee of a federally recognized Indian tribe or to an elected precinct delegate.
(H) The Applicant fails to meet other criteria established by State-issued rule.
(3) In determining whether to grant MMF permit to an applicant, the City may also consider all of the following:
A. Whether the applicant or anyone who will have ownership in the marihuana establishment within the past five years has a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marihuana establishment is unlikely to be operated with honesty and integrity.
B. Whether the applicant has a history of noncompliance with any regulatory requirements, all legal judgments, lawsuits, legal proceedings, charges, or government investigations, whether initiated, pending, or concluded, against the applicant, that are related to business operations, including, but not limited to fraud, environmental, food safety, labor, employment, worker's compensation, discrimination, and tax laws and regulations, in this state or any other jurisdiction.
C. Whether the applicant meets the other standards in rules applicable to the state license category and standards, requirements in this chapter, as well as compliance with other applicable city ordinances.
(b) MMF Permit Forfeiture. In the event that a medical marihuana facility does not commence operations within one year of issuance of a City MMF Permit, the MMF Permit shall be deemed forfeited; the business may not commence operations and the license is not eligible for renewal.
(c) MMF Permit as Revocable Privilege. An MMF Permit granted by this Chapter is a revocable privilege granted by the City and is not a property right. Granting an MMF Permit does not create or vest any right, title, or other property interest. Each MMF Permit is exclusive to the Permittee, and a Permittee or any other person must apply for and receive the City's approval before a Permit is transferred, sold, or purchased. An MMF Permittee or any other person shall not lease, pledge, or borrow or loan money against an MMF Permit. The attempted transfer, sale or other conveyance of an interest in a license without prior Board (as defined in M.C.L.A. 333.27102(d)) approval is grounds for suspension or revocation of the MMF Permit or for other sanction considered appropriate by the City.
(d) Nonrenewal, suspension, or revocation of MMF Permit.
(1) The City Manager may, after notice, suspend, revoke or refuse to renew an MMF Permit for any of the following reasons:
(A) The Applicant or Permittee, or their agent, manager or employee, has violated, does not meet, or has failed to comply with any of the terms, requirements, conditions or provisions of this Chapter or with any applicable state or local law, regulation or rule;
(B) The Applicant or Permittee, or their agent, manager or employee, has failed to comply with any special terms or conditions of its license pursuant to an order of the state or local permitting authority, including those terms and conditions that were established at the time of issuance of the license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the Permit;
(C) The City, the County, or any other governmental entity with jurisdiction, has closed the facility temporarily or permanently or has issued any sanction for failure to comply with the health and safety provisions of this chapter or other applicable state or local laws related to public health and safety;
(D) The facility is determined by the City to have become a public nuisance pursuant to Chapter 662 Public Nuisance Abatement of these City Ordinances;
(E) The facility's state operating license has been suspended or revoked; or
(F) The marihuana commercial entity has been operated in a manner that adversely affects the public health, safety or welfare.
(2) Evidence to support a finding under this Section may include, without limitation, a continuing pattern of conduct, a continuing pattern or drug-related criminal conduct within the premises of the marihuana commercial entity or in the immediate area surrounding such business, a continuing pattern of criminal conduct directly related to or arising from the operation of the marihuana commercial entity, or an ongoing nuisance condition emanating from or caused by the marihuana commercial entity. Criminal conduct considered shall be limited to the violation of a State law or regulation or city ordinance.
(3) In addition to the basis for revocation and/or suspension in subsection (d)(1) above, the City Manager may revoke a permit for cause in accordance with Section 802.17
.
(e) Any person whose Permit is denied, revoked or suspended shall be entitled to a hearing in accordance with Section 802.16
.
(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.)
Nothing in this chapter shall be deemed to prohibit the City Administrator or designee from imposing other penalties authorized by the City of Battle Creek ordinances or other ordinance of the city, including filing a public nuisance action or any other legal action in a court of competent jurisdiction.
(Ord. 02-2018. Passed 2-6-18.)
Except as otherwise provided in this chapter, a person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class F Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98 and any other relief that may be imposed by the court.
(Ord. 02-2018. Passed 2-6-18.)