809.01 PURPOSE AND INTENT.
   (a)   The purpose of this chapter is to regulate recreational marihuana establishments, which include marihuana growers, marihuana safety compliance facilities, marihuana processors, marihuana microbusinesses, marihuana retailers, marihuana secure transporters, or any other type of adult-use or recreational marihuana-related business licensed by the State of Michigan. The City finds that these activities are significantly connected to the public health, safety, security, and welfare of its citizens and it is therefore necessary to regulate and enforce safety, security, fire, policing, health, and sanitation practices related to such activities to the extent permitted by law and also to provide a method to defray administrative costs incurred by such regulation and enforcement.
   (b)   Nothing in this chapter is intended to grant immunity from any criminal prosecution under Federal law. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marihuana in violation of any applicable law and nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty or sanction for the cultivation, manufacture, possession, use, sale, distribution or transport of marihuana in any form, that is not in strict compliance with all applicable laws and rules promulgated by the State of Michigan and the City of Davison regarding medical marihuana. Nothing in this chapter is intended to provide any approvals, permits or licenses for any other type of establishments other than those specifically designated as permitted by ordinance.
   (c)   By accepting a permit issued pursuant to this chapter, the holder waives and releases the City, its officers and employees from any liability for injuries, damages or liabilities of any kind that result from the arrest or prosecution of marihuana establishment owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. Further, the holder agrees to indemnify, defend and hold harmless the City, its officers, elected officials, employees and insurers against all liability, claims or demands, including, but not limited to, arising as a result of any claim of diminution of property value by a property owner whose property is located in proximity to a permitted marihuana establishment, arising out of, claimed to have arisen out of or in any manner connected with the operation of a marihuana establishment.
   (d)   To the extent the State adopts in the future any additional or stricter law or regulation governing the sale or distribution of marihuana, the additional or stricter regulation shall control the establishment or operation of any marihuana establishment in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any permit under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any permit issued hereunder.
(Ord. 2022-03. Passed 4-11-22.)