(A) No person shall operate a marihuana establishment in the village without a valid municipal license issued by the village pursuant to the provisions of this subchapter.
(B) No person shall be issued a municipal license by the village without first having obtained a special use permit authorizing the operation of the establishment pursuant to the village zoning ordinance.
(C) No person who is employed by the village, acts as a consultant for the village or acts as an advisor to the village, and is involved in the implementation, administration or enforcement of this subchapter shall have an interest, directly or indirectly, in a marihuana establishment.
(D) Every applicant for a municipal license to operate a marihuana establishment shall file an application in the Village Clerk's office upon a form provided by the village. The application shall include:
(1) The appropriate nonrefundable municipal license application fee in the amount determined by the village;
(2) If the applicant is an individual, the applicant's name; date of birth; Social Security number; physical address, including residential and any business address; copy of government-issued photo identification; email address; one or more phone numbers, including emergency contact information;
(3) If the applicant is not an individual, the names; dates of birth; physical addresses, including residential and any business address; copy of government-issued photo identifications; email address; and one or more phone numbers of each stakeholder of the applicant, including designation of the highest ranking representative as an emergency contact person; contact information for the emergency contact person; articles of incorporation or organization; assumed name registration; Internal Revenue Service EIN confirmation letter; copy of the operating agreement of the applicant, if a limited liability company; copy of the partnership agreement, if a partnership; names and addresses of the beneficiaries, if a trust, or a copy of the bylaws or shareholder agreement, if a corporation;
(4) The name and address of the proposed marihuana establishment;
(5) A copy of the special use permit issued by the village Planning Commission;
(6) A location area map of the marihuana establishment and surrounding area that identifies the relative locations and the distances (closest property line to the subject marihuana establishment's building) to the closest real property comprising a public or private elementary, vocational or secondary school;
(7) A signed acknowledgment that the applicant is aware and understands that all matters related to marihuana growing, cultivation, possession, testing, safety compliance and transporting, are currently subject to state and federal laws, rules and regulations, and that the approval or granting of a license hereunder does not exonerate or exculpate the applicant from abiding by the provisions and requirements and penalties associated with those laws, rules, and regulations, or exposure to any penalties associated therewith; and further, the applicant waives and forever releases any claim, demand, action, legal redress, or recourse against the village, its elected and appointed officials, and its employees and agents for any claims, damages, liabilities, causes of action, damages, or attorney fees that the applicant may incur as a result of the violation by the applicant, its stakeholders and agents of those laws, rules, and regulations; and
(8) Any other information which may be required by the Village Clerk.
(E) Upon an applicant's completion of the above-described form and furnishing of all required information and documentation, the Village Clerk shall file the same and assign it a sequential application number by establishment type based on the date and time of acceptance. The Village Clerk shall act to approve or deny an application not later than 90 days from the date the completed application is filed. If approved, the Village Clerk shall issue the applicant a provisional license. A final license shall be approved by Village Council after issuance by the state of Michigan of an operating license. Such approval will occur at Council's regularly scheduled meeting after village has received notice of state approval of an operating license.
(F) If the application is denied, the Village Clerk shall issue a written notice of denial to the applicant and mail the same by first class mail to the address for the applicant provided in the application.
(G) Should the Village Clerk deny an application, the applicant shall have 30 days from the mailing of the denial to appeal the denial to the Village Council. To appeal the decision of the Village Clerk the applicant must file a notice of appeal with the Village Clerk. Village Council shall hear the appeal at its next regular meeting, but not sooner than seven days from the receipt of the appeal.
(H) Maintaining a valid license issued by the state is a condition for the maintenance of a license under this subchapter and continued operation of a marihuana establishment. A provisional license does not authorize operations until a final license is issued, which will only occur upon issuance of the appropriate license by the state of Michigan and the issuance of a certificate of occupancy.
(I) A license issued under this subchapter is not transferable without the prior approval of the village under the same terms and conditions required for the initial issuance of a license under this subchapter.
(J) The MRTMA in Section 9.4. (M.C.L.A. 333.27959 4.) requires that the village establish a competitive process to select applicants who are best suited to operate in compliance with the MRTMA and this subchapter, when more than one applicant has applied for a single available license. The process for scoring and ranking applications in competition shall be detailed in the village's Marihuana business scoring and ranking policy. Pursuant to this requirement the village requires that applicants provide:
(1) An estimate of the number and type of jobs that the marihuana establishment is expected to create, and the amount and type of compensation expected to be paid for such jobs;
(2) A business plan which contains, but is not limited to, the following: The applicant's experience in operating other similarly permitted or licensed businesses and the applicant's general business management experience; The proposed ownership structure of the establishment, including percentage ownership of each person or entity; A current organizational chart that includes position descriptions and the names of each person holding each position; Planned tangible capital investment in the village, including if multiple permits are proposed, an explanation of the economic benefits to the village and job creation, if any, to be achieved through the award of such multiple permits, with supporting factual data; Expected job creation from the proposed marihuana establishment(s); If a marihuana grower establishment is proposed, the number of plants anticipated; Financial structure and financing of the proposed marihuana establishment(s); and; Community outreach/education plans and strategies.
(3) A written description of the training and education that the applicant will provide to all employees, including planned continuing education for existing employees. Further, a written description of the method(s) for record retention of all training provided to existing and former employees; and
(4) A facility sanitation plan to protect against any marihuana being ingested by any person or animal, indicating how the waste will be stored and disposed of, and how any marihuana will be rendered unusable upon disposal. Disposal by on-site burning or introduction into the sewerage system is prohibited.
(K) Stacked license. A municipal license holder that is requesting an initial Class C grower license or a municipal license holder that has been issued a Class C grower license may apply for one or more stacked licenses at the same municipally licensed premise subject to all requirements of the MRTMA, administrative rules and local regulations. Each stacked license is subject to all applicable fees for application and renewal. There are two categories for a stacked license: minor or major.
(1) Stacked license - minor. A minor stacked license is one that does not require changes to the municipally licensed premise or municipally licensed property and does not require changes to the information provided in the original Class C grower application. This license type does not require an additional special land use approved by the Planning Commission and can be approved by Village Council. A review by the Village Department of Public Works in conjunction with the Village Engineer may be required to assess any additional impact to water and wastewater capacity and treatment. Such review would be paid for by the applicant.
(2) Stacked license - major. A major license is one that requires changes to the municipally licensed premise or municipally licensed property and/or has changes to the information provided in the original Class C grower application; for example, changes to owner/operator information, alterations to the premises or any site changes, among others. This license type must follow all of the application requirements and approvals, including site plan review, special use permits and any other requirements that may be imposed by the village.
(Ord. 151, passed 11-23-2020; Ord. 152, passed 11-23-2020; Ord. 162, passed 9-12-2022)