(A) No person shall operate a marihuana establishment in the village without a valid marihuana establishment permit issued by the village pursuant to the provisions of this chapter.
(B) No person shall be issued a permit by the village without first having obtained from the Planning Commission a special use permit authorizing the operation of the establishment pursuant to the zoning ordinance.
(C) No person who is employed by the village, acts as a consultant for the village or acts as an advisor to the village, and is involved in the implementation, administration or enforcement of this chapter shall have an interest, directly or indirectly, in a marihuana establishment.
(D) The village shall only accept applications for marihuana establishments from persons holding both a municipal permit and a state operating license pursuant to the MMFLA, 2016 PA 281, M.C.L.A. §§ 333.27101 to 333.27801. Upon receipt of an application, the Village Clerk shall file the same and assign it a sequential application number by establishment type based on the date and time of receipt.
(E) The requirements of division (D) above shall not apply to applicants for an adult use marihuana microbusiness. Upon receipt of an application, the Village Clerk shall file the same and assign it an application number based on the date and time of receipt.
(F) Application for each adult use marihuana establishment permit shall be made in writing to the Village Clerk and shall be considered by the Village Council after the applicant has received a special use permit from the Planning Commission and has been approved by the state prior to commencing operation.
(G) An application for an adult use marihuana establishment permit required by this chapter shall contain the following:
(1) The appropriate non-refundable permit application fee in the amount determined by the village as set forth in this chapter.
(2) If the applicant is an individual, the applicant's name, date of birth, Social Security Number, physical address, including residential and any business address(es) attached to the individual, copy of government issued photo identification. email address, and one or more phone numbers, including emergency contact information, and if applicable Federal EIN;
(3) If the applicant is not an individual, the names, date of birth, Social Security Number, physical addresses, including residential and any business address(es), copy of government issued photo identification, email addresses, and one or more phone numbers of each stakeholder of the applicant, including designation of the highest ranking stakeholder and/or general partner as an emergency contact person and contain information for the emergency contact person, articles of incorporation or organization, assumed name registration documents, Internal Revenue Service SS-4, EIN confirmation letter(s), and a copy of the operating agreement of the applicant, if a limited liability company copy of the partnership agreement, if a partnership, names and addresses of the beneficiaries, if a trust, or a copy of the by-laws or shareholder agreement, if a corporation;
(4) The name and address of the proposed adult use marihuana establishment.
(5) A copy of the special use permit issued by the Planning Commission.
(6) A signed acknowledgment that the applicant is aware and understands that all matters related to marihuana growing, cultivation, possession, testing, safety compliance and transporting, are currently subject to state and federal laws, rules and regulations, and that the approval or granting of a permit 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, or attorney fees that the applicant may incur as a result of the violation by the applicant, its stakeholders and agents of those laws, rules and regulations.
(7) A signed release authorizing the Eau Claire Police Department to perform a criminal background check to ascertain whether the applicant, each stakeholder of the applicant, each managerial employee and employee of the applicant meet the criteria set forth in this chapter.
(8) The name, date of birth, physical address (residential and any business address(es), copy of photo identification, and email address for any managerial employee or employee of the adult use marihuana establishment, if other than the applicant;
(9) One of the following:
(a) Proof of ownership of the entire premises wherein the marihuana establishment is to be operated; or
(b) Written consent from the property owner for use of the premises as a marihuana establishment requiring a permit under this chapter along with a copy of the lease for the premises;
(10) Proof of, or ability to obtain, an adequate premise liability and casualty insurance policy in the amount not less than the requirements addressed in the Act or applicable state laws, covering the adult use marihuana establishment and naming the village as an additional insured party.
(11) A description of the security plan for the adult use marihuana establishment, including, but not limited to any lighting, alarms, barriers, recording/monitoring devises, and/or security guard arrangements proposed for the facility and premises. The security plan must contain the specification details of each piece of security equipment.
(12) A floor plan of the adult use marihuana establishment, as well as a scale diagram site plan illustrating the property upon which the adult use marihuana establishment is to be operated, including all available parking spaces, and specifying which parking spaces, if any, are handicapped-accessible, and the location of the material safety data sheets and any chemical storage.
(13) A staffing plan.
(14) Any proposed text or graphical materials to be shown on the exterior of the proposed adult use marihuana establishment.
(15) A location area map of the adult use marihuana establishment and surrounding area that identifies the relative locations and the distances (closest property line to the subject adult use marihuana establishment's building) to the subject adult use marihuana establishment to the closest real property comprising a public or private elementary, vocational or secondary school; and church or religious institution if recognized as a tax exempt entity as determined by the Village Assessor's Office;
(16) As it relates to a grower establishment, the following additional items shall be required:
(a) An affidavit stating that all operations will be conducted in conformance with the Act, the rules issued by LARA, or other applicable state laws and such operations shall be cultivated on the premises at any one time not more than the permitted number of marihuana plants per the Act; and
(b) An affidavit stating that all growing shall be performed within an enclosed, locked building for indoor grow or for outdoor growers that the area to be cultivated must be fenced in and enclosed and the plants must not be visible to the public without the use of binoculars, aircraft or other optical aids and the enclosed area must be equipped with locks or other functioning security devices that restrict access to the area. The fencing must be high enough so that the marihuana plants are never visible to the public without the use of binoculars, aircraft or other optical aid.
(17) A temporary marihuana event permit shall only be issued to a person who also holds a valid marihuana event organizer permit from the village, and a license from the state. The application shall slate the dates and hours of operation for which the temporary marihuana event permit is being sought.
(H) Upon receipt of a completed adult use marihuana establishment permit application meeting the requirements of this chapter and confirmation that the number of existing permits does not exceed the maximum number established by this chapter, the Village Clerk shall route a copy of the application to each of the following for their review and approval: the Police Department or their designee; the Fire Department or their designee; the Building Department; the Zoning Administrator and the Village Treasurer or their designee. Once applications are verified by each department to be sufficiently complete and comprehensive, and no sooner, the Village Clerk shall forward the applications to the Village Council for review and approval or denial.
(I) No application shall be approved unless:
(1) The Fire Department or designee and the Building Department have inspected the plans of the proposed location for compliance with all laws they enforce;
(2) The applicant, each stakeholder of the applicant, and the managerial employees and employees of the applicant, have passed a criminal background check conducted by the Village Police Department;
(3) The Zoning Administrator has confirmed that the proposed location complies with the zoning ordinance;
(4) The Village Treasurer or their designee has confirmed that the applicant and each stakeholder of the applicant are not in default to the village;
(J) When written approval is given by each individual or department identified in division (E) above and the applicant has received the required special use permit from the Planning Commission, the Village Clerk shall submit the application to the Village Council for consideration of issuing a permit to the applicant. All permits issued are contingent upon the state of Michigan issuing a license for the operation under State Initiated Law No 1 of 2018, M.C.L.A. § 333.27951 et seq.
(K) Permittees shall report any other change in the information required by this chapter, to the village within ten days of the change.
(Ord. 2024-1, passed 2-19-2024) Penalty, see § 117.99