(A) Applications for each marihuana establishment license required by this chapter shall be made in writing to the village, and must be approved by the village, and approved by the State of Michigan, prior to commencing operation. Upon the expiration of an existing license, a license will be automatically renewed by the village for one year if (1) there are no uncured administrative violations in the prior year; (2) the applicant has paid the annual licensing fee for the renewal period; (3) any Stakeholder changes have been fully disclosed to the village; and (4) the applicant has paid and received the renewal of its state license.
(B) An application for a marihuana establishment license required by this chapter shall contain the following:
(1) The appropriate non-refundable application fee in the amount determined by the village.
(2) If the applicant is an individual, the applicant's name, date of birth, physical address, copy of government issued photo identification, email address, and one or more phone numbers, including emergency contact information;
(3) If the applicant is not an individual, the names, dates of birth, physical addresses, 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 as an emergency contact person and contact information for the emergency contact person, articles of incorporation, assumed name registration documents, Internal Revenue Service SS-4 EN confirmation letter, and a copy of the operating agreement of the applicant, if a limited liability company, a copy of the partnership agreement, if a partnership, or a copy of the by-laws or shareholder agreement, if a corporation;
(4) The name and address of the proposed marihuana establishment and any additional contact information deemed necessary and requested by the village;
(5) For the applicant, for each stakeholder of the applicant, an affirmation under oath as to whether they are at least 21 years of age and are not currently under indictment or have never been convicted of, pled guilty or nolo contendere to, forfeited bail concerning any criminal offense under the laws of any jurisdiction, either felony or controlled-substance-related misdemeanor not including traffic violations;
(6) An affirmation under oath as to whether the applicant or stakeholder has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action;
(7) 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 in a manner requiring licensure under this chapter along with a copy of the lease for the premises;
(8) Proof of an adequate premise liability and casualty insurance policy in the amount not exceeding the requirements addressed in the Act or applicable state laws, covering the marihuana establishment and naming the village as an additional insured party, available for the payment of any damages arising out of an act or omission of the applicant or its stakeholders, agents, employees, or subcontractors;
(9) A description of the security plan for the marihuana establishment, including, but not limited to, any lighting, alarms, barriers, recording/monitoring devices, 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;
(10) A floor plan of the marihuana establishment, as well as a scale diagram illustrating the property upon which the marihuana establishment is to be operated, including all available parking spaces, and specifying which parking spaces, if any, are handicapped-accessible;
(11) 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;
(12) An affidavit that the transfer of marihuana to and from marihuana establishment shall be in compliance with the Act or other applicable state laws;
(13) A staffing plan;
(14) Any proposed text or graphical materials to be shown on the exterior of the proposed marihuana establishment;
(15) A location area map of the marihuana establishment and surrounding area that identifies the buffer zones identified in § 158.08, if applicable, to a public or private elementary, vocational or secondary school; and for retail establishments to church or religious institutions if recognized as a tax-exempt entity as determined by the Assessor’s Office;
(16) 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;
(17) As it relates to a grower facility, the following additional items shall be required:
(a) A grower plan that includes, at a minimum, a description of the grower 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 a state-approved safety compliance 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 Act or other applicable state laws and such operations shall not be cultivated on the premises at any one time more than the permitted number of marihuana plants per the Act;
(d) A chemical and pesticide storage plan that states the names of pesticides to be used in grower and where and how pesticides and chemicals will be stored in the facility, along with a plan for the disposal of unused pesticides;
(e) All growing must be performed within an enclosed locked facility which may include indoors or in an enclosed greenhouse or outdoor grow.
(C) Upon receipt of a completed marihuana establishment application meeting the requirements of this chapter and confirmation that the number of existing licenses does not exceed the maximum number established by Village Council pursuant to § 158.11 above, the village shall refer a copy of the application to each of the following for their review: the Village Attorney or their designee, the Police Department or their designee, the Fire Department or their designee, the Building Department, the Zoning Administrator or their designee. Once applications are verified by each department to be sufficiently complete and comprehensive, it will be submitted to the Village Clerk.
(D) Upon review and scoring of the applications, the Village Clerk shall submit them to the Village Council for consideration of issuance of a license. All licenses issued are contingent upon the State of Michigan issuing a license for the operation under state law.
(E) Licensees shall report any other change in the information required by this chapter to the village within ten days of the change. Fees shall be set by Village Council resolution for any stakeholder added after the original application is filed.
(Ord. 468, passed 2-8-2022)