(a) Marihuana establishments shall comply at all times and in all circumstances with the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules; and the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904.
(b) A marihuana establishment may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.
(c) A marihuana establishment may not cultivate, process, test, or store marihuana other than a physical location approved by the Department and within an enclosed area that is secured in a manner that prevents access by persons not permitted by the marihuana establishment to access the area.
(d) A marihuana grower, marihuana retailer, marihuana processor, or marihuana safety compliance facility or agents acting on their behalf may not transport more than 15 ounces of marihuana or more than 60 grams of marihuana concentrate at one time.
(e) A marihuana establishment shall be partitioned from any other marihuana business or activity, any other business, or any dwelling, except as provided by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules, for marihuana operations at the same location.
(f) A marihuana establishment shall have distinct and identifiable areas with designated structures that are contiguous and specific to the marihuana license.
(g) A marihuana establishment shall have separate entrances and exits, inventory, record keeping, and point of sale operations, if applicable.
(h) Marihuana establishments shall not allow onsite or as part of the marihuana establishment any of the following:
(1) Sale, consumption or serving of food except for as provided by Rules as promulgated by the Department of Licensing and Regulatory Affairs;
(2) Sale, consumption, or use of alcohol or tobacco products on the premises; or
(3) Consumption, use, or inhalation of a marihuana product.
(i) Access to areas of the marihuana establishment that are not point of sale areas is restricted to the licensee; employees of the licensee; crew members of a marihuana secure transporter establishment; the Department of Licensing and Regulatory Affairs, through its investigators, agents, and auditors; the state police; and law enforcement officials.
(j) No marihuana establishment may allow a person under 21 years of age to volunteer or be employed by the marihuana establishment.
(k) Access to areas of the marihuana establishment shall be provided to any person required to complete an inspection of any portion of the building, structure, or use to ensure compliance with any applicable City, Ionia County, State of Michigan, and federal laws or regulations.
(l) The licensee shall maintain a log tracking all visitors to a marihuana establishment in compliance with the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904. The visitor log must be available at all times for inspection by the Michigan Department of Licensing and Regulatory Affairs, and its investigators, agents, and auditors, or the state police to determine compliance with the Act and Rules.
(m) With the exception of staff meetings, employee training, and similar events associated with the operation of the marihuana establishment, no activities such as tours, corporate events, weddings, parties, receptions, or other similar events may occur on the premises of a marihuana establishment at any time.
(n) The marihuana establishment must be at a fixed location. Mobile marihuana establishments and drive-through, drive-up, or walk-up operations are prohibited. Any sales or transfers of marihuana product by mail order or on consignment are prohibited.
(o) A state operating license issued under the Act must be framed under a transparent material and prominently displayed in the marihuana establishment.
(p) Processors, growers, and safety compliance establishments shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with any applicable fire codes and Michigan mechanical codes. No marihuana shall be cultivated, grown, manufactured, processed, tested, or provided in any manner that would emit odors reasonably discernable to another person beyond the interior of the building or occupied portion of the building where the marihuana establishment is located.
(q) All marihuana establishments shall be securely locked, including all interior rooms, windows, and points of entry and exits with commercial-grade, nonresidential door locks as reviewed and approved by the appropriate building inspection officials and the City’s Public Safety Department. Authorized access to a marihuana establishment shall be only by the licensee or employees as approved by the licensee. An alarm system shall be maintained.
(r) One or more emergency contact persons with phone numbers shall be provided to the City’s Public Safety Department and the public safety officials of other jurisdictions if requested by the City.
(s) All marihuana establishments shall have a video surveillance system that meets all requirements of the rules promulgated by the Department of Licensing and Regulatory Affairs (LARA) to establish rules for the purpose of implementing the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
(t) Marihuana product that is to be destroyed or is considered waste shall be rendered into an unusable and unrecognizable form and recorded in the State of Michigan statewide monitoring system; destroyed marihuana products or waste shall not be sold; all marihuana waste shall be disposed of according to the requirements of the rules promulgated by the Department of Licensing and Regulatory Affairs (LARA) to establish rules for the purpose of implementing the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
(u) Wastewater generated during the cultivation of marihuana and processing of marihuana products shall be disposed of in compliance with applicable City, Ionia County, State of Michigan, and federal laws and regulations.
(v) All applicable building, electrical, plumbing, mechanical, water, wastewater, and any other applicable permits shall be obtained from the City or other applicable governmental authority for any portion of the building or structure in which electrical wiring, lighting, mechanical, plumbing, watering, cultivating, growing, harvesting, testing, processing, and other devices that support any operation associated with the marihuana establishment are located.
(w) Verification in writing shall be provided by the City’s Public Safety Department that the establishment meets all requirements for fire protection.
(x) Marketing and advertising regulations for all marihuana establishments are as follows:
(1) Marihuana establishments shall comply with the City Code, state law, and administrative Rules regulating signs and advertising.
(2) A licensee shall not advertise marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place, with the exception that a marihuana retailer establishment may include a sign or signs as regulated by the City Code, subject to the following:
A. No sign shall advertise a specific marihuana product, or pricing, or special sale of any marihuana product;
B. A sign may include the words “cannabis” or “marihuana” and/or graphics such as leaves but excluding graphics of specific products; and
C. A sign may include the name of the establishment.
(3) Marihuana products shall be marketed or advertised as “marihuana” for use only by persons age 21 or older. Marihuana shall not be advertised or marketed to members of the public unless the person advertising the product has reliable evidence that no more than 30 percent of the audience or readership is reasonably expected to be under the age of 21.
(4) Marihuana products shall not be marketed or advertised to persons younger than 21 years of age. Sponsorships targeted to members younger than 21 years of age are prohibited.
(y) Any marihuana establishment shall not be operated in an occupied residence.
(z) No marihuana establishment shall be operated in a manner creating noise, dust, vibration, glare, or fumes beyond the boundaries of the property on which the marihuana establishment is operated; or odors detectable to normal senses beyond the interior of the building or occupied portion of the building where the marihuana establishment is located; or any other nuisance that hinders the public health, safety, and welfare of the residents of the City.
(aa) A marihuana establishment shall be open for inspection by authorized local, state, county, or federal officials at any time during hours of operation and at other times as anyone is present on the premises.
(bb) Licensees and applicants shall notify the Department of Licensing and Regulatory Affairs, state police, and local law enforcement authorities within 24 hours of theft or loss of any marihuana product or criminal activity.
(cc) Licensees shall comply with any other operational measures requested by the Department of Licensing and Regulatory Affairs (LARA) that are not inconsistent with the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
(Ord. 549. Passed 1-5-21.)