(A) No person shall operate a marijuana facility in the village without a valid marijuana facility permit issued by the village pursuant to the provisions of this chapter.
(B) Every applicant for a permit to operate a marijuana facility shall file an application in the Village Clerk's office upon a form provided by the village. The application shall contain any information required by the Act and the following information:
(1) Name, e-mail, address, and telephone number of property owner of the land where the marijuana facility will conduct business;
(2) Name, e-mail, address, and telephone number of the individual with the permit;
(3) If the property owner and the individual with the permit are not the same person, a document signed by the property owner authorizing the individual with a permit to operate on the property owner's land; and
(4) Any other information deemed by the village to be required for the consideration of a permit.
(C) Every applicant for a permit to operate a grow operation shall submit with the application a photocopy of the applicant's valid and current license issued by the State of Michigan in accordance with the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.
(D) Upon an applicant's completion of the above-provided form and furnishing of all required information and documentation, the Village Clerk shall accept the application and assign it a sequential application number by facility type based on the date and time of acceptance. The Village Clerk shall act to approve or deny an application not later than 14 days from the date the application was accepted. If approved, the Village Clerk shall issue the applicant a provisional permit.
(E) A provisional permit means only that the applicant has submitted a valid application for a marijuana facility permit, and the applicant shall not locate or operate a marijuana facility without obtaining all other permits and approvals required by all other applicable ordinances and regulations of the village. A provisional permit will lapse and be void if such permits and approvals are not diligently pursued to completion, but in any event no later than 90 days after the provisional permit is issued. A provisional permit may automatically be renewed without a fee within the 90 days timeframe if state licensure is not received within the timeframe but shall not be valid for more than one year. Marijuana facilities with a provisional permit may operate under the definition of a temporary operation pursuant to rules established under the Medical Marihuana Facilities Licensing Act (M.C.L.A. § 333.27101) and the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.
(F) Within 14 days from the applicant submitting proof of obtaining all other required permits and approvals and payment of the permit fee, the Village Clerk shall approve or deny the marijuana facility permit. The Clerk shall issue marijuana facility permits in order of the sequential application number previously assigned.
(G) Maintaining a valid marijuana facility permit issued by the state is a condition for the issuance and maintenance of a marijuana facility permit under this chapter and continued operation of any marijuana facility.
(H) A marijuana facility permit issued under this chapter is not transferable.
(I) Applicant must own land within the village for where the use is allowed or control land under a lease in order to apply for a permit for any type of marijuana facility.
(Ord. 315, passed 12-19-2022)