The following words and phrases have the meanings ascribed to them when used in this chapter:
APPLICANT. Individual, entity, person, or person who submits an application for authorization to operate a marihuana establishment within the city.
CO-LOCATION or CO-LOCATED. The siting and operation of a combination of multiple establishments or establishment types at a single location.
CONDITIONAL AUTHORIZATION. Conditional approval from the City Council to operate a marihuana establishment within the city.
FINAL AUTHORIZATION. Final authorization to operate a marihuana establishment within the city issued by the City Clerk. Final authorization may be granted only after the City Council approves a conditional authorization and the Clerk confirms all requirements for final authorization detailed in this chapter have been satisfied.
HOLDER or AUTHORIZATION HOLDER. A person, entity or organization which is granted conditional authorization and/or final authorization, which is valid and not expired or revoked, to operate a marihuana establishment pursuant to this chapter.
LARA. The Department of Licensing and Regulatory Affairs and any successor department or agency within the department, including the Marihuana Regulatory Agency.
MARIHUANA. All parts of the plant genus cannabis, growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. MARIHUANA does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. MARIHUANA does not include industrial hemp.
MARIHUANA ESTABLISHMENT or ESTABLISHMENT. A marihuana retailer or marihuana provisioning center licensed by LARA pursuant to MMFLA or the MRTMA.
MARIHUANA PROVISIONING CENTER or PROVISIONING CENTER. An establishment licensed by LARA to purchase marihuana from a grower or processor and who sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a registered primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan medical marihuana act is not a provisioning center for purposes of this act.
MARIHUANA RETAILER or RETAILER. An establishment licensed by LARA 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.
MMMA. The Michigan Medical Marihuana Act, Initiated Law 1 of 2008, as amended, M.C.L. §§ 333.26424 et seq.
MMMFLA. The Michigan Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended, M.C.L. §§ 333.27102 et seq.
MRTMA. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law of 2018, M.C.L. §§ 333.27951 et seq.
MRTMA RULES. Rules, including emergency rules, promulgated by LARA to implement the MRTMA.
STAKEHOLDER. The following for each applicant:
(1) For an individual or sole proprietorship applicant: the proprietor.
(2) For a partnership and limited liability partnership applicant: all partners.
(3) For a limited partnership and limited liability limited partnership applicant: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership.
(4) For a limited liability company applicant: all members and managers.
(5) For a privately held corporation applicant: all corporate officers or persons with equivalent titles and their spouses, all directors and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less.
(6) For a publicly held corporation applicant: all corporate officers or persons with equivalent titles, all directors and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less.
(7) For a nonprofit corporation applicant: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or their bylaws.
STATE OPERATING LICENSE or LICENSE. State operating license or, unless the context requires a different meaning, LICENSE means a license that is issued by LARA under the MRTMA or MMMFLA that allows the licensee to operate a marihuana establishment.
(Ord. 209, passed 10-7-2020; Ord. 218, passed 4-4-2023)