(A) Each medical marihuana establishment must be licensed by the village. Applications for a license shall be made in writing to the Village Clerk. All applications submitted to the Village Clerk in accordance with the provisions of this chapter shall be considered for the issuance of a license. Each application shall contain a signed acknowledgment that the applicant is aware and understands that all matters related to marihuana growing, cultivation, possession, dispensing, testing, safety compliance, transporting, distribution, and use are currently subject to state and federal laws, rules, and regulations, and that the approval or granting of a license hereunder does not exonerate or exculpate the applicant from abiding by the provisions and requirements and penalties associated with those laws, rules, and regulations or exposure to any penalties associated therewith; and further the applicant waives and forever releases any claim, demand, action, legal redress, or recourse against the village, its elected and appointed officials and its employees and agents for any claims, damages, liabilities, causes of action, damages, and attorney fees the applicant may incur as a result of the violation by applicant, its officials, members, partners, shareholders, employees and agents of those laws, rules, and regulations and hereby waives, and assumes the risk of, any such claims and damages, and lack of recourse against the village, its elected and appointed officials, employees, attorneys, and agents.
(B) A complete application for a license required by this ordinance shall be made under oath on forms provided by the village, and shall contain all of the following:
(1) If the applicant is an individual, the applicant's name, date of birth, physical address, email address, one or more phone numbers, including emergency contact information, a copy of a government issued photo identification card of the applicant, and a copy of the applicant’s caregiver registry identification card issued pursuant to the MMMA.
(2) If the applicant is not an individual, the names, dates of birth, physical addresses, email addresses, and one or more phone numbers of each stakeholder of the applicant, including designation of a stakeholder as an emergency contact person and contact information for the emergency contact person, articles of incorporation, Internal Revenue Service SS-4 EIN confirmation letter, and the operating agreement of the applicant, if a limited liability company, and a copy of at least one stakeholder’s caregiver registry identification card issued pursuant to the MMMA.
(3) The name and address of the proposed medical marihuana establishment and any additional contact information deemed necessary by the Village Clerk.
(4) With respect to medical marihuana provisioning centers, for the applicant or for each stakeholder of the applicant, affirmation that each is at least 18 years of age and has not been convicted of or pled guilty or no contest to a disqualifying felony. With respect to all other medical marihuana establishments, for the applicant or for each stakeholder of the applicant, an affirmation that each and every agent or employee is at least 18 years of age and has not been convicted of or pled guilty or no contest to a disqualifying felony.
(5) A signed release authorizing the Village Police Department to perform a criminal background check to ascertain whether the applicant, each stakeholder of the applicant, each operator and employee of the applicant meet the criteria set forth in this chapter.
(6) With respect to medical marihuana provisioning centers, the name, date of birth, physical address, copy of photo identification, and email address for any operator or employee if other than the applicant.
(7) An affirmation under oath as to whether the applicant or operator has had a business license revoked or suspended, and if revoked or suspended, then the reason therefore.
(8) For the applicant or for each stakeholder of the applicant, a resume that includes whether the individual has any relevant experience with medical marihuana or a related industry.
(9) A patient education plan to detail to patients the benefits or drawbacks of certain marihuana strains or products in connection with the debilitating medical conditions set forth in the MMMA.
(10) A written description of the training and education that the applicant will provide to all employees.
(11) A copy of the proposed business plan for the establishment, including, but not limited to, the following:
(a) The proposed ownership structure of the establishment, including percentage ownership of each person or entity; and
(b) A current organization chart that includes position descriptions and the names of each person holding each position.
(12) One of the following:
(a) Proof of ownership of the entire premises wherein the medical marihuana establishment is to be operated; or
(b) Written consent from the property owner for use of the premises in a manner requiring licensure under this chapter along with a copy of the lease for the premises.
(13) (a) A description of the security plan for the medical marihuana establishment, including, but not limited to, any lighting alarms, barriers, recording/monitoring devices, and/or security guard arrangements proposed for the establishment and premises. The security plan must contain the specification details of each piece of security equipment.
(b) Each medical marihuana establishment must have a security guard present during business hours.
(14) A floor plan of the medical marihuana establishment, as well as a scale diagram illustrating the property upon which the medical marihuana establishment is to be operated, including all available parking spaces, and specifying which parking spaces, if any, are handicapped-accessible.
(15) Any proposed text or graphical materials to be shown on the exterior of the proposed medical marihuana establishment.
(16) A location area map of the medical marihuana establishment and surrounding area that identifies the relative locations and the distances (closest property line to the subject establishment’s property line) from the subject medical marihuana establishment to the closest real property of an operational public or private elementary or secondary school, church, park, a facility at which substance abuse prevention services or substance abuse treatment and rehabilitation services, as those terms are defined in Part 61 of PA 368 of 1978, M.C.L.A. § 333.6101 et seq., another licensed medical marihuana establishment or a commercial child care organization (non-home occupation) that is required to be licensed or registered with the Michigan Department of Health and Human Services.
(17) A facility sanitation plan to protect against any marihuana being ingested by any person or animal, indicating how the waste will be stored and disposed of, and how any marihuana will be rendered unusable upon disposal. Disposal by on-site burning or introduction in the sewerage system is prohibited.
(18) A proposed patient recordkeeping plan that will track quantities sold to individual patients and caregivers and will monitor inventory.
(19) A description of procedures for testing of contaminants, including mold and pesticides.
(20) An affidavit that neither the applicant nor any stakeholder of the applicant is in default to the village. Specifically, that the applicant or stakeholder of the applicant has not failed to pay any property taxes, special assessments, fines, fee or other financial obligations to the village.
(21) Verification, with copies of actual bank statements, showing that the applicant has tangible financial capital in the applicant’s name in the amount sufficient to complete the medical marihuana establishment and to fund the business plan and other plans required by this section.
(22) An estimate of the number and type of jobs that the medical marihuana establishment is expected to create, the amount and type of compensation expected to be paid for such jobs, and the projected annual budget and revenue of the medical marihuana establishment.
(23) As it relates to a medical marihuana grower facility, the following additional items shall be required:
(a) A cultivation plan that includes at a minimum a description of the cultivation methods to be used, including plans for the growing mediums, treatments, and/or additives;
(b) A production testing plan that includes at a minimum a description of how and when samples for laboratory testing by an international organization for standardization accredited testing facility will be selected, what type of testing will be requested, and how the test results will be used;
(c) An affidavit that all operations will be conducted in conformance with the MMMA, the MMFLA, and other applicable state law;
(d) A chemical and pesticide storage plan that states the names of the pesticides to be used in cultivation and where and how pesticides and chemicals will be stored in the establishment, along with a plan for the disposal of unused pesticides; and
(e) All cultivation must be performed in a building.
(24) Proof of an insurance policy covering the establishment and naming the village, its elected and appointed officials, employees, and agents, as additional insured parties, available for the payment of any damages arising out of an act or omission of the applicant or its stakeholders, agents, employees, or subcontractors, in the amount of (i) at least $1,000,000 for property damage; (ii) at least $1,000,000 for injury to one person; and (iii) at least $2,000,000 for injury to two or more persons resulting from the same occurrence. The insurance policy underwriter must have a minimum A.M. Best Company Insurance Ranking of B+, consistent with state law.
(25) Any other information deemed necessary by the village.
(C) All applications shall be accompanied by a license application fee in an amount of not more than $5,000 as established by Village Council resolution. The license shall be valid for one year from the date of issuance unless revoked as provided by law. If an application is approved and a license issued, the annual fee of not more than $5,000 shall be established by Village Council resolution, and paid by the licensee on an annual basis. The application and the annual fees are established to defray the costs of administration of this chapter.
(D) Upon receipt of a completed application meeting the requirements of this section and appropriate nonrefundable license application fee, the Village Clerk shall refer a copy of the application to each of the following for their approval: the Village Fire Department, the Village Police Department, the Village Zoning Administrator and the Village Treasurer.
(E) No application shall be accepted by the Village Clerk unless:
(1) The Village Fire Department has inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with the requirements of this chapter;
(2) The Village Zoning Administrator has confirmed that the proposed location complies with the zoning ordinance;
(3) The Village Treasurer has confirmed that the applicant and each stakeholder of the applicant are not in default to the village; and
(4) (a) The Village Police Department has determined that the applicant has met the requirements of this chapter with respect to the background check and security plan.
(b) If written approval is given by each individual or department identified in this division (E), the Village Clerk shall accept a copy of the application for consideration.
(Ord. 2017-5, passed 8-21-2017; Ord. 2019-1, passed 8-19-2019)