It is the intent of this section to regulate any marijuana establishments by the following standards:
(A) Operational limitations.
(1) A marijuana establishment shall only operate between 8:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 noon and 6:00 p.m. Sunday.
(2) A marijuana establishment shall comply at all times with each and every provision of the State of Michigan, Michigan Regulation and Taxation of Marihuana Act (MRTMA).
(3) Any permitted activities conducted by a marijuana establishment must b done inside a fully enclosed structure or building that is kept secured with locks to prevent unintended or uninvited access.
(4) Persons under the age of 21 years of age are not permitted to be on the property of any marijuana establishments unless they possess a valid Medical Marijuana Registry Card issued by the State of Michigan or other state the marijuana establishment is co-located with an approved medical marijuana transaction facility.
(5) Advertising and/or marketing for a marijuana establishment, viewed from the exterior, shall not appeal or have the effect of appealing to minors, this shall include but is not limited to signage, flyers, banners, etc. as permitted in § 153.10.
(6) Any owners and/or operators of any marijuana establishments who violates these sections shall be liable for all costs associated with the investigation, prosecution and enforcement of that violation.
(7) Unless otherwise permitted through co-location with another commercial medical marijuana transaction facility and/or marijuana establishment, no license will be approved on a property that has any other approved uses.
(B) Site plan requirements.
(1) Any person who wished to operate any marijuana establishments shall submit an application for site plan review to the City of Burton as set forth in § 157.092, consistent with the zoning of the property, showing required locational limitations as set forth in § 157.043(C)(10), § 157.046(B)(11) (B)(12), (B)(13), (B)(14), (B)(15), and (B)(16) as they apply, shall pay a nonrefundable fee as shall be established, and from time to time be amended by resolution of the Burton City Council, and which shall include the following:
(a) Security system details which shall include, at the minimum, audible and silent alarms and video surveillance cameras.
(b) Details regarding the building electrical system, power demands of specialized lighting and other necessary equipment, and method proposed to prevent excessive heat build-up and risk of fire within the building.
(c) Ventilation equipment details, including fresh air intake and filtration of exhaust air to prevent offensive odors from leaving the site.
(d) Proposed methods for controlling insects within the building and preventing insects from becoming a nuisance or health hazard, off the site.
(e) A description of the operation of the commercial marijuana establishments in sufficient detail to permit the city to determine if the operation, as described would be lawful and fully compliant with the Michigan Regulation and Taxation of Marihuana Act (MRTMA).
(2) Once the application is approved and within 30 days, the applicant must then submit any further documentation necessary to receive a certificate of occupancy which shall include but is not limited to building permits, inspections, and audits as deemed necessary by the Department of Public Works. At this time the applicant must also pay an annual nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council.
(3) Annual renewal of the application is required for any marijuana establishments and must comply with § 157.101(D).
(4) All applicants must provide a copy of the State of Michigan approved operating license before certificate of occupancy can be issued.
(5) Any change of ownership of the property and/or facility or change of use will be considered a new application for all purposes of this ordinance, with the exception of § 157.101(E). In the case in which the existing facility has not vacated the new application will be secured from any new locational limitation.
(6) A licensed marijuana establishment shall maintain a clearly legible sign, not less than 18 inches by 24 inches in size, and white background with black lettering in color, reading "No Loitering" at or near each public entrance. The sign shall also display the ordinance number as the following design:
NO LOITERING Ordinance 144.08(B)(1)(c) |
(C) Periodic inspections. Prior to the start of operations all marijuana establishments shall submit and allow authorized city zoning and building inspection and/or law enforcement personnel to make unannounced, periodic inspections for purposes of verifying compliance with all requirements of this ordinance and section, and any reasonable conditions placed upon any special land use approval. Once operations begin, all marijuana establishments shall submit and allow authorized city zoning and building inspection and/or law enforcement personnel to make inspections in accordance with applicable codes.
(D) Annual renewal. A marijuana establishment approval shall be issued for a 1-year period and is renewable annually.
(1) Except as set forth in this ordinance, the Department of Public Works shall renew a license if all of the following requirements are met:
(a) The applicant submits a renewal application provided by the City of Burton and pay an annual, nonrefundable license fee as shall be established, and from time to time be amended by resolution of the Burton City Council; and
(b) The application is received by the city on or before the expiration date of the current approval.
(2) It is the sole responsibility of the applicant to apply for renewal prior to the expiration. Upon or after the date of expiration the City of Burton shall notify the applicant at the last known address on file advising them they have 30 days to apply for renewal and pay any applicable late fees and the annual nonrefundable fee. Failure to renew 30 days from date noticed mailed will revoke the establishment's certificate of occupancy and require any future application to be considered new.
(3) Renewal shall be considered 1-year from the date in which the annual fee is paid.
(4) In its decision on an application for renewal, the City of Burton shall consider any input from the Building Official, Code Enforcement Officer, Fire Department and/or Police Department.
(E) Securing locational limitations. Applications are considered on a first come basis for purpose of required locational limitations as set forth in § 157.043(C)(9) and (C)(10), § 157.046 (B)(11), (B)(12), (B)(13), (B)(14), (B)(15), (B)(16) and (B)(17). Consideration is only taken when the complete application is submitted to the City of Burton and any required fees are paid in full. Consideration may be taken when there is a pending application to the Zoning Board of Appeals or Planning Commission, as appropriate. Application for a state operating license does not secure any position for locational limitations.
(F) Special consideration for temporary marijuana event permits.
(1) It shall be unlawful on commercial or industrial property, without first obtaining a permit from the city's Zoning Board of Appeals, for any person or firm to conduct or to take part in, or for the landowner of any private land to permit upon his or her land, an establishment that allows consumption of marijuana products on the premises of a non-residential location and charges a fee for entry, sells good or services while individuals are consulting on the premises, or requires membership for entry shall acquire a temporary marijuana event license.
(2) Any cease of operations order issued under the provisions of this ordinance will include a penalty in an amount as established by resolution of the City Council.
(3) Permit for any of these activities shall be known as a "Temporary Marijuana Event Permits".
(4) All applications for an temporary marijuana event permits under this ordinance shall conform to the requirements set forth in the city's zoning ordinance, Chapter 157 of this code, as amended, for applications to the Zoning Board of Appeals, including form, signatures, and notice requirements, and to the rules and regulations of the Board of Appeals relating thereto. Applications must include the following:
(a) The address of the location where the temporary marijuana event will be held.
(b) The name of the temporary marijuana event.
(c) A diagram of the physical layout of the temporary marijuana event. The diagram shall clearly indicate all of the following:
1. Where the temporary marijuana event will be taking place on the location grounds.
2. All entrances and exits that will be used by participants during the event.
3. All marijuana consumption areas.
4. All marijuana retail areas where marijuana products will be sold.
5. Where marijuana waste will be stored.
(d) The dates and hours of operation for which the temporary marijuana event permit is being sought.
(5) Any permits issued by the Zoning Board of Appeals shall only be issued for a single day or up to 7 consecutive days. No temporary marijuana event permit will be issued for more than 7 days.
(6) The applicant must secure approval from the Zoning Board of Appeals before a written attestation will be authorized to the State of Michigan. It is the applicant's sole responsibility to ensure the deadlines for applications are met.
(Ord. 2019-10-157, passed 9-16-2019)