(a) In the event that a marihuana establishment does not commence operations within one year of issuance of a special condition use and site plan approval, the permit shall be deemed forfeited; the business may not commence operations and the permit is not eligible for renewal. The City will consider new applications in place of the forfeited permit in a manner consistent with 876.04(e) of this Ordinance.
(b) The city may immediately revoke or suspend an existing permit or refuse to renew a permit for any of the following reasons:
(1) The applicant or permit holder is denied a state operating license;
(2) The applicant or permit holder, or his or her 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 or regulation;
(3) The marihuana establishment is substantially different from the comprehensive operating plan, marihuana establishment plan, conceptual plan or other representations contained in the application;
(4) The license/permit application contains any misrepresentation or omission of any material fact, or false or misleading information, or the applicant has provided the City with any other false or misleading information related to the establishment.
(5) Officers of the City are unable to access the proposed establishment for permit inspections or are denied access by the applicant or permit holder;
(6) The applicant or permit holder, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its permit pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the permit and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the permit or failure to comply to laws changing subsequent to acquiring a permit;
(7) The State of Michigan has revoked the marihuana establishment's state-issued license or permit; or
(8) The marihuana establishment has been operated in a manner that, in the opinion of the City Manager, adversely affects the public health, safety or welfare. Evidence to support a finding under this Section may include, without limitation, a pattern of criminal conduct within the premises of the marihuana establishment or in the immediate area surrounding such business, a pattern of criminal conduct directly related to or arising from the operation of the marihuana establishment, or a nuisance condition emanating from or caused by the marihuana establishment. Any criminal conduct shall be limited to the violation of a state law or regulation or city ordinance.
(c) If a permit is terminated, revoked, suspended or restricted, the City Clerk or his or her designee will notify in writing by mail or electronic mail both the permit holder, at the last known address on file with the City for notification of the applicant, and the Michigan Department of Licensing and Regulatory Affairs of the termination, revocation, suspension, or restriction of the permit and the reasons therefore in writing.
(d) Nothing in this chapter shall be deemed to prohibit the City from imposing other penalties or seeking other remedies authorized by the City Code or other ordinance of the City, including filing a public nuisance action or any other legal action in a court of competent jurisdiction.
(e) A permit granted by this chapter is a revocable privilege granted by the City and is not a property right. Granting a permit does not create or vest any right, title, franchise or other property interest.
(Ord. 2022-03. Passed 4-11-22.)