(A) The township hereby authorizes the operation of the following types of commercial medical marihuana facilities, subject to the number of available permits issued in this section:
(1) Growers, Class C;
(2) Processors;
(3) Secure transporters; and
(4) Provisioning centers.
(B) The number of commercial medical marihuana facility permits in effect at any time shall not exceed the following maximums within the township:
(1) Grower permits, Class C: 2;
(2) Processor permits: 2;
(3) Secure transporter permits: 1; and
(4) Provisioning center permits: 2.
(C) It shall be unlawful for any person to engage in, or be issued a permit for, the operation of the following commercial medical marihuana facilities:
(1) Growers, Class A;
(2) Growers, Class B; and
(3) Safety compliance facility.
(D) No person shall operate a commercial medical marihuana facility at any time or any location within the township unless a currently-effective permit for that person at that location has been issued under this chapter.
(E) Commercial medical marihuana facilities shall operate only as allowed under this chapter.
(F) The requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable Federal, state or local laws, regulations, codes or ordinances.
(G) At the time of application, each applicant shall pay an annual application fee for a permit to the township to defray the costs incurred by the township for inspection, administration and enforcement of the local regulations regarding commercial medical marihuana facilities. The Township Board shall by resolution set the fees in an amount not to exceed any limitations imposed by Michigan law. All fees paid by an applicant are non-refundable, regardless of whether an applicant receives a permit. If the township grants a permit for a period less than one year, the township shall pro-rate the annual fee in such a way that an applicant only pays the portion of that fee corresponding to the number of months the permit is valid, with partial months being treated as a full month for purposes of this calculation.
(H) A permit and a renewal permit shall not confer any vested rights or reasonable expectation of subsequent renewal on the applicant or permit holder, and shall remain valid only until the June 1 immediately following its approval. A completed application or renewal application must be received by the Township Clerk no later than March 31 of each year in order to grant or renew a permit effective on June 1 of that year.
(I) Each year, any pending applications for renewal or amendment of existing permits shall be reviewed and granted or denied before applications for new permits are considered.
(J) It is the sole and exclusive responsibility of each permit holder or person applying to be a permit holder at all times during the application period and during its operation to immediately provide the township with all material changes to any of the information submitted on an application and any other changes that may materially affect any state license or its township permit.
(K) The original permit issued under this chapter shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.
(L) Acceptance by the permit holder of a permit constitutes consent by the permit holder and its owners, officers, managers, agents and employees for any state, Federal or local law enforcement to conduct random and unannounced examinations of the facility and all articles of property in that facility at any time to ensure compliance with this chapter, any other local regulations, state or Federal law, and with the permit.
(M) A permit holder may not engage in any other commercial medical marihuana facility in the permitted premises or on the permitted property, or in its name at any other location within the township, without first obtaining a separate permit.
(N) No permit shall be granted or renewed for a commercial medical marihuana facility in a residence or in any area of the township where the predominant land uses within 0.25 mile of the proposed commercial medical marihuana facility are residential.
(Ord. 2017-9, passed 10-9-2017; Am. Ord. passed 8-13-2018)