(A) Application. An application for a permit for a facility shall be submitted to the clerk, and shall contain the following information:
(1) The name, address, phone number and e-mail address of the proposed permit holder and the proposed commercial medical marihuana facility;
(2) The names, home addresses and personal phone numbers for all owners, directors, officers and managers of the permit holder and the commercial medical marihuana facility; and
(3) Six hard copies and one electronic copy in PDF format of all the following:
(a) Proof of a valid insurance policy in the form demonstrating the coverage required by this ordinance that will be obtained by the applicant, if the application is approved and a permit is issued.
(b) All documentation showing the proposed permit holder's valid tenancy, ownership or other legal interest in the proposed permitted property and permitted premises. If the applicant is not the owner of the proposed permitted property and permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a commercial medical marihuana facility.
(c) If the proposed permit holder is a corporation, non-profit organization, limited liability company or any other entity other than a natural person, a copy of all company formation documents (including amendments), proof of registration with the State of Michigan, and a certificate of good standing.
(d) A valid, unexpired driver's license or state issued ID for all owners, directors, officers and managers of the proposed facility.
(e) Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.
(f) Application for sign permit, if any sign is proposed.
(g) Non-refundable application fee.
(h) Business and operations plan, showing in detail the commercial medical marihuana facility's proposed plan of operation, including without limitation, the following:
1. A description of the type of Facility proposed and the anticipated or actual number of employees.
2. A security plan meeting the requirements of § 112.05, which shall include a general description of the security systems(s), current centrally alarmed and monitored security system service agreement for the proposed permitted premises, and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations.
3. A description by category of all products to be sold.
4. A list of material safety data sheets for all nutrients, pesticides, and other chemicals proposed for use in the commercial medical marihuana facility.
5. A description and plan of all equipment and methods that will be employed to stop any impact to adjacent uses, including enforceable assurances that no odor will be detectable from outside of the permitted premises.
6. A plan for the disposal of marihuana and related byproducts that will be used at the facility.
(i) An identification of any business that is directly or indirectly involved in the growing, processing, testing, transporting or sale of marihuana for the facility.
(j) Whether any applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or non-renewal, including the licensing authority, the date each action was taken, and the reason for each action.
(k) Signed and sealed (by Michigan registered architect, surveyor or professional engineer) site plan and interior floor plan of the permitted premises and the permitted property.
(l) Information regarding any other commercial medical marihuana facility that the licensee is authorized to operate in any other jurisdiction within the state, or another state, and the applicant's involvement in each facility.
(4) Any documentation or information relevant to any review factors listed in division (D) of this chapter that the township would consider when evaluating the application.
(5) Any other information reasonably requested by the township to be relevant to the processing or consideration of the application.
(6) Information obtained from the applicant or proposed permit holder is exempt from public disclosure under state law.
(B) Renewal application. The same requirements that apply to all new applications for a permit apply to all renewal applications. Renewal applications shall be submitted to and received by the Clerk not less than 90 days prior to the expiration of the annual permit, except that an application requesting a change in the location of the permitted premises shall be submitted and received not less than one hundred 120 days prior to the expiration of the permit. A permit holder whose permit expires and for which a complete renewal application has not been received by the expiration date shall be deemed to have forfeited the permit under this chapter. The township will not accept renewal applications after the expiration date of the permit.
(C) Approval, issuance, denial and appeal. All inspections, review and processing of the application shall be completed within 90 days of receipt of a complete application and all required fees. The Township Board shall approve or deny the permit within 120 days of receipt of the completed application and fees, or within 150 days if the location of the permitted premises is proposed to be amended. The processing time may be extended upon written notice by the township for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit. Any denial must be in writing and must state the reason(s) for denial. Any final denial of a permit may be appealed to a court of competent jurisdiction; provided that, the pendency of an appeal shall not stay or extend the expiration of any permit. The township has no obligation to process or approve any incomplete application, and any times provided under this chapter shall not begin to run until the township receives a complete application, as determined by the Township Board. A determination of a complete application shall not prohibit the township from requiring supplemental information. If, in any particular year there are available permits and more applications are received than there are available permits, completed applications shall be evaluated by the Township Board according to the standards of division (D), with permits awarded to the most qualified applicants as determined by the discretion of the Township Board after consideration of those factors.
(D) Preliminary review of evaluation factors by the Review Board.
(1) After receiving an application, the Township Clerk shall forward that application, along with any accompanying attachments or exhibits, to the Review Board for an initial review. The Review Board shall review all applications according to the standards of this chapter, consistent with that Board's duties as described in the Township's Commercial Medical Marihuana Review Board Ordinance.
(2) In reviewing an application requesting issuance of an available permit, the Review Board may consider and/or weigh the following factors:
(a) Compliance factors.
1. The thoroughness of the application, including compliance with all requirements established in this chapter, or any other regulation established by the township.
2. Whether the applicant has a history of non-compliance with the township's ordinances or with other local, state, or Federal laws.
3. Whether the applicant has previously failed to pay taxes, special assessments, or other payments due to the township.
(b) Community factors.
1. Input from residents and surrounding business owners regarding the proposed facility.
2. Whether the proposed facility will negatively impact the character, aesthetics, safety, or welfare of surrounding businesses and neighborhoods.
3. The geographic location of the proposed facility, including its proximity to densely populated areas or to other proposed or approved facilities.
4. The suitability of the architectural and engineering design of the proposed facility.
5. The increased policing requirements associated with the approval of the proposed facility, including the costs of any such requirements.
6. Whether the applicant has appropriately identified potential environmental issues, including steps to prevent or mitigate those issues.
7. Whether the applicant and any of its stakeholders (if applicable) are persons of good character, honesty, and integrity, and who do not discredit or tend to discredit the public trust or otherwise pose a threat to the public health, safety, or welfare.
(c) Business factors.
1. The ability of the applicant to maintain effective control against diversion of marijuana and marijuana products.
2. The capital available to the applicant for compliance with the requirements of this chapter, including the need to install additional equipment, hire additional employees, or otherwise expend monies as unanticipated issues arise in connection with the proposed facility.
3. The applicant's general business history, including any history with a pharmaceutical or retail sales environment, or, in the case of an application for a grower's permit, experience with horticultural or agriculture.
4. The applicant's demonstrated preparedness to provide appropriate employee working conditions, benefits, and specialized training.
5. The applicant's experience in the medical marihuana industry, including whether the applicant has any experience in the growth, manufacturing, or transportation of medical marihuana or medical marihuana products.
6. The applicant's experience using inventory tracking systems, including seed to sale systems, as well as any record-keeping experience.
7. Other experience, training, or certification, possessed or undertaken by the applicant that may be relevant to the operation of the proposed facility.
(d) Any other factor(s) that may affect the health, safety, and welfare or the best interests of the township.
(3) After completing an initial review, the Review Board shall provide the Township Board with a written recommendation as to whether an application should be approved, rejected, or approved with conditions.
(4) The Township Board shall then evaluate the Review Board's recommendation, and shall either approve the recommendation, reject the recommendation, or approve the recommendation with conditions. The determination of the Township Board as to each application shall be final.
(E) Applications for new permits where no building is as yet in existence. Any applicant for a commercial medical marihuana facility permit whose building is not yet in existence at the time of the township's initial approval shall have one year immediately following the date of the township's initial approval to complete construction of the building, in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations, and to commence business operations.
(F) Transfer to a new person. No permit issued under this chapter may be transferred to any person, except as follows:
(1) A permit may only be transferred to any person, also referred to as a transferee, if the township determines that the proposed transferee meets all of the requirements of the township ordinance.
(2) The transferee shall provide written notice of the transfer to the Township Board and the Review Board, along with permit holder's consent to transfer in the form of an acknowledgment letter provided by the township.
(3) The transferee shall submit an application for a permit, any information required by this chapter, and all required fees under this chapter.
(4) Written notice requesting a transfer to a transferee shall be submitted and received not less than 120 days prior to the expiration of the permit subject to transfer. The process for review and approval will be the same for reviewing applications and issuing permits under this section. If the request for transfer is denied and the permit has expired, the township must receive a renewal application from the permit holder within 30 days of the township mailing notice to the permitted premises of the denial of the transfer. If a renewal application is timely submitted with all required fees, the pre-existing permit shall be extended until the Township Board, takes action approving or denying the renewal application.
(5) Notwithstanding any of the above, a permit which is held by a corporation, company, or partnership may, during the ordinary renewal process, add or remove partners or shareholders in that business. Such an addition or removal will not render the permit in question an available permit, but will remain subject to all review and approvals otherwise required by this chapter. The addition or removal of a shareholder or partner outside of the renewal process shall be subject to the requirements of § 112.06(A) through (D).
(G) Duty to supplement.
(1) If, at any time before or after a permit is issued pursuant to this chapter, any information required in the permit application, the MMFLA, or any rule or regulation promulgated thereunder, changes in any way from that which is stated in the application, the applicant or licensee shall supplement such information in writing within ten days from the date upon which such change occurs.
(2) An applicant or permit holder has a duty to notify the Review Board in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.
(3) An applicant or permit holder has a duty to notify the Review Board in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, petty offense, or any violation of a local law related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana, the MMMA, the MMFLA, any building, fire, health or zoning statute, code or ordinance related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marijuana by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.
(Ord. 2017-9, passed 10-9-2017)