Section
114.01 Marihuana establishments/regulations
114.02 Definitions
114.03 Prohibitions
114.04 Medical marihuana provisioning centers and marihuana retailers
114.05 Permit applications
114.06 Application fee
114.07 Application review
114.08 Permit requirements
114.09 Transfer of permits
114.10 Term of permits
114.11 Annual permit renewal
114.12 Revocation or suspension of a permit
114.13 Procedure for nonrenewal, suspension, or revocation of permit
114.14 Criteria for nonrenewal, suspension, or revocation of permit
114.99 Penalty
This chapter is created to regulate the sale of marihuana in the Village of Lake Orion; to allow certain medical marihuana facilities and marihuana establishments to operate in the village pursuant to the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act; to provide for standards and procedures to permit and regulate such facilities; to provide for the imposition of permit application fees; to provide penalties; and to impose conditions for the operation of such facilities.
(Ord. 13.03, passed 11-3-20)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
APPLICANT. A person who applies for a permit to operate a medical marihuana provisioning center or marihuana retailer under this chapter.
CHURCH. A building used for regular public worship services and exempt from taxation under the General Property Tax Act of the state.
CLERK. The Clerk of the Village of Lake Orion.
COUNCIL. The Village Council of the Village of Lake Orion.
DEPARTMENT. The State of Michigan Department of Licensing and Regulatory Affairs or its successor agency.
MARIHUANA. As defined in the MRTMA.
MARIHUANA ACCESSORIES. Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
MARIHUANA ESTABLISHMENT. A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed under the MRTMA.
MARIHUANA GROWER. A person licensed under the MRTMA to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA MICROBUSINESS. A person licensed under the MRTMA to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
MARIHUANA PROCESSOR. A person licensed under the MRTMA to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA RETAILER. A person licensed under the MRTMA to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.
MARIHUANA SECURE TRANSPORTER. A person licensed under the MRTMA to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
MEDICAL MARIHUANA FACILITY. Any facility, entity, establishment or center that is required to be licensed under the MMFLA and this chapter, including a medical marihuana grower, medical marihuana processor, medical marihuana provisioning center, medical marihuana safety compliance facility, and/or a medical marihuana secure transporter.
MEDICAL MARIHUANA GROWER. The term "grower" as defined in the MMFLA.
MEDICAL MARIHUANA PROCESSOR. The term "processor" as defined in the MMFLA.
MEDICAL MARIHUANA PROVISIONING CENTER. The term "provisioning center" as defined in the MMFLA.
MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY. The term "safety compliance facility" as defined in the MMFLA.
MEDICAL MARIHUANA SECURE TRANSPORTER. The term "secure transporter" as defined in the MMFLA.
MMFLA. The Medical Marihuana Facilities Licensing Act, Act 281 of 2016, M.C.L.A. §§ 333.27101 et seq.
MRTMA. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, M.C.L.A. §§ 333.27951 et seq.
PARK. An area of land dedicated for public use and accepted by the village, with or without facilities for rest and recreation.
PERMITTEE. A person who receives a permit to operate a medical marihuana facility or marihuana establishment under this chapter.
SCHOOL. A public or private school offering education to students enrolled in kindergarten, or one or more grades of one through 12.
STAKEHOLDER. The officers, directors, and managerial employees of an applicant and any persons who hold any direct or indirect ownership interest in the applicant.
VILLAGE. The Village of Lake Orion.
(Ord. 13.03, passed 11-3-20)
(A) Notwithstanding anything in this chapter, no person shall sell marihuana or sell or display marihuana accessories within a 1,000 foot radius of any parcel upon which is located any preexisting school, within a 1,500 foot radius of any parcel upon which is located any preexisting church, within a 1,500 foot radius of any parcel upon which is located any preexisting park, within a 250 foot radius of any Village Single Family Residential Zoning District (RV), within a 250 foot radius of any Lake Single Family Residential Zoning District (RL), or within a 250 foot radius of any Multiple Family Residential Zoning District (RM). This division shall apply if the school, church, park, or Residential Zoning Districts RV, RL, and RM are located within the village.
(B) No person shall operate a medical marihuana facility or a marihuana establishment in the village without first obtaining any relevant license required by the MMFLA or MRTMA and a permit from the village in accordance with the provisions of this chapter. A separate permit is required for each medical marihuana facility or marihuana establishment.
(C) No person shall consume marihuana in a public place within the boundaries of the village.
(Ord. 13.03, passed 11-3-20) Penalty, see § 114.99
(A) Pursuant to section 205(1) of the MMFLA and section 6 of the MRTMA, the village authorizes two permits total for medical marihuana provisioning centers and marihuana retailers; provided, however, for purposes of this limitation on the number of authorized permits in the village, the village shall be deemed to have issued only one permit to a permittee who receives a permit to operate a medical marihuana provisioning center and also a permit to operate a marihuana retailer at the same location as the medical marihuana provisioning center.
(B) Except as otherwise provided in this section, the village shall not permit or authorize the operation of any other type of marihuana establishment or medical marijuana facility.
(C) This section shall not be interpreted to allow the operation of marihuana establishments and medical marihuana facilities at more than two locations in the village at the same time.
(Ord. 13.03, passed 11-3-20)
(A) Any person seeking to operate a medical marihuana provisioning center or marihuana retailer shall file a permit application with the Clerk upon a form provided by the village. The application shall include the following information:
(1) The full name, date of birth, physical address, email address, and telephone number of the applicant in the case of an individual, or, in the case of an entity, all stakeholders thereof;
(2) If the applicant is an entity, the entity's articles of incorporation or organizational documents.
(3) If the applicant is an entity, the entity's employer identification number;
(4) If the applicant is an entity, the entity's operating agreement or bylaws;
(5) A proposed marketing, advertising, and business promotion plan for the proposed medical marihuana provisioning center or marihuana retailer;
(6) A description of planned tangible capital investment in the village;
(7) An explanation of the economic benefits to the village and job creation to be achieved, including the number and type of jobs the medical marihuana provisioning center or marihuana retailer 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 provisioning center or marihuana retailer;
(8) A description of the financial structure and financing for the proposed medical marihuana provisioning center or marihuana retailer;
(9) Short-term and long-term business goals and objectives for the proposed medical marihuana provisioning center or marihuana retailer;
(10) A criminal background report of the applicant's criminal history. Such reports shall be obtained by the applicant through the Internet Criminal History Access Tool (ICHAT) for applicants residing in Michigan and/or through another state sponsored or authorized criminal history access source for applicants who reside in other states or have resided in other states within five years prior to the date of the application. The applicant is responsible for all charges incurred in requesting and receiving the criminal history report and the report must be dated within 30 days of the date of the application;
(11) A description of proposed community outreach and education strategies;
(12) A description of proposed charitable plans, whether through financial donations or volunteer work;
(13) A description of the security plan for the proposed medical marihuana provisioning center or marihuana retailer that is consistent with the requirements of the department;
(14) A floor plan of the proposed medical marihuana provisioning center or marihuana retailer;
(15) A scale diagram illustrating the property upon which the proposed medical marihuana provisioning center or marihuana retailer is to be operated, including all available parking spaces, and specifying which parking spaces are handicapped-accessible;
(16) A depiction of any proposed text or graphic materials to be shown on the exterior of the proposed medical marihuana provisioning center or marihuana retailer;
(17) An affidavit that neither the applicant nor any stakeholder of the applicant is in default to the village for any fees or taxes;
(18) Proof of premises liability and casualty insurance consistent with the requirements of the Department;
(19) A location area map that identifies the relative locations of, and distances from, the nearest school, church, park, Village Single Family Residential Zoning District, Lake Single Family Residential Zoning District, or Multiple Family Residential Zoning District, and computed by measuring a straight line from the nearest property line of the parcel used for the purposes stated in this subsection to the nearest property line of the parcel to be used as a medical marihuana provisioning center or marihuana retailer.
(B) Except as provided by law, all materials submitted to the village as part of an application shall be exempt from disclosure under the Freedom of Information Act.
(Ord. 13.03, passed 11-3-20)
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