The following minimum standards shall apply to all marihuana establishments within the village:
(A) All marihuana establishments shall comply at all times and in all circumstances with the Act and applicable Michigan law, and the rules of the Department of Licensing and Regulatory Affairs as they may be amended from time to time. It is the responsibility of the owner to be aware of changes in the Act. The village bears no responsibility for failure of the owner to be aware of changes in the Act.
(B) Consumption and/or use of marihuana shall be prohibited on the premises of the establishment, except for temporary marihuana events, and a sign shall be posted on the premises of each establishment indicating that consumption is prohibited on the premises;
(C) The establishment shall be open, during regular business hours, to any representative of LARA, state police officer, or village police officer, and said individuals may enter the premises, office, establishments, or other places of a business of a permittee, for the following:
(1) To inspect and examine all premises of marihuana establishments;
(2) To inspect, examine, and audit relevant records of the permittee and, if the permittee or any employee fails to cooperate with an investigation, impound, seize, assume physical control of, or summarily remove from the premises all books, ledgers, documents, writings, photocopies, correspondence, records, and videotapes, including electronically stored records, money receptacles, or equipment in which the records are stored; and
(3) To investigate alleged violations of the Act, this chapter and applicable Michigan law.
(D) The marihuana establishment shall be continuously monitored with a surveillance system that includes security cameras. The video recordings shall be maintained in a secure, offsite location for a period of 30 days and be available upon request of the Village Police Department. The storage establishment shall not be used for any other commercial purpose.
(E) The marihuana establishment shall secure every entrance to the marihuana establishment and only permit those individuals described in the chapter or the Act access to the premises.
(F) The marihuana establishment shall be maintained and operated in compliance with all state and local rules, regulations and ordinances. All marihuana establishments shall comply with applicable requirements of the zoning ordinance, including obtaining and maintaining a special use permit.
(G) All marihuana shall be contained within an enclosed, locked and secure building except that a marihuana grower may cultivate marihuana outdoors provided 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.
(H) Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise is in conformance with local and state laws and regulations.
(I) All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the structure in which electrical wiring, lighting and/or watering devices that support the growing, harvesting and processing of marihuana are located.
(J) All persons working in direct contact with marihuana shall conform to acceptable hygienic practices while on duty, including, but not limited to:
(1) Maintaining adequate personal cleanliness;
(2) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when their hands may have become soiled or contaminated; and
(3) Refraining from having direct contact with marihuana if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.
(K) Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained so that they do not constitute a source of contamination.
(L) Floors, walls and ceilings shall be constructed in such a manner that they shall be cleaned and kept clean and in good repair.
(M) There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to prohibit the development of odor and eliminate the potential for waste becoming an attractant, harborage or breeding place for pests.
(N) Marihuana that can support the rapid growth of undesirable microorganisms including but not limited to mold shall be held in a manner that prevents the growth of these microorganisms.
(O) The portion of the structure storing any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspections at any time and approval by the Village Fire Department to ensure compliance with all applicable statues, codes and ordinances.
(P) All building fixtures and equipment shall be maintained in a sanitary condition.
(Q) Odor from operations shall not be detectable beyond the property line of the marihuana establishment. This requirement does not apply to an outdoor grower establishment.
(R) No marihuana establishment shall be located within 1,000 feet of real property comprising an operational public or private elementary, vocational, or secondary school in existence at the time of adoption of this chapter.
(S) Equivalent licenser; operation at same location. A person that holds equivalent licenses with common ownership under the Acts may operate those equivalent licenses at the same location provided the person complies with Michigan Administrative Rule 420.205 and all other applicable statues, ordinances and rule.
(Ord. 2024-1, passed 2-19-2024) Penalty, see § 117.99