645.03   LOCATION.
   (a)   A "Medical Marijuana Dispensary" shall not be located:
      (1)   Within five hundred (500) feet of any residential zoning district.
      (2)   Within five hundred (500) feet of the property line of any public or private school, any nursery school, day nursery, licensed day care center or any other building or location either rented or used in any way for the care or instruction of children under eighteen (18).
      (3)   Within five hundred (500) feet of the property line of any church, house of worship or other religious facility or institution. |
      (4)   Within five hundred (500) feet of any public park, publically owned building or recreational area commonly used by minor children.
      (5)   Within five hundred (500) feet of any other "Medical Marijuana Dispensary" business.
      The distance measurement provided for in this subsection shall be a straight line from the boundary line of the "Medical Marijuana Dispensary" business to the boundary line of the location it is to be separated from.
   (b)   A "Medical Marijuana Dispensary" shall be located only within C-l or C-2 district.
   (c)    A "Medical Marijuana Dispensary" shall be permitted only by special land use approval granted by the City Council after review and recommendation of the Planning Commission, and after a public hearing pursuant to the discretionary decisions in Chapter 1274 of the Codified Ordinances of the City of Reed City. The following criteria must be satisfied and complied with for the special land use to be approved: (These criteria must also be complied with on an ongoing basis.)
      (1)   The hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m., Monday through Saturday.
      (2)   The business shall be subject to inspection by law enforcement, city building officials and members of the Department.
      (3)   A "Medical Marijuana Dispensary" shall at all times comply with each and every provision of the Michigan Medical Marijuana Act of 2008 (M.C.L.A. 333.26421).
      (4)   A "Medical Marijuana Dispensary" must possess a valid registration card issued by the Department for such purpose.
      (5)   No alcoholic beverage shall be sold, conveyed or consumed on the premises of any "Medical Marijuana Dispensary." Nor shall any person be present on the premises of a "Medical Marijuana Dispensary" while intoxicated and/or under the influence of alcohol or any controlled substance.
      (6)   Persons under the age of eighteen (18) years of age are not permitted to be on the premises of any "Medical Marijuana Dispensary" unless they possess a valid Medical Marijuana Registry Card issued by the State of Michigan.
      (7)   A "Medical Marijuana Dispensary" business must maintain a list of its "qualifying patients." This list is subject to inspection during business hours by members of law enforcement and by members of the Department.
      (8)   Use or consumption in any manner of marijuana or any illegal controlled substance is not permitted on the premises of any "Medical Marijuana Dispensary."
      (9)   The owner of a "Medical Marijuana Dispensary" shall obtain and display for inspection a valid sales tax license issued by the State of Michigan.
      (10)   Pay phones and/or vending machines, if any, shall be located inside the dispensary only.
      (11)   It shall be in violation of this ordinance for any "Medical Marijuana Dispensary" to employ any person who is not at least eighteen (18) years of age. No employee can have been convicted of a drug related felony. The owner and/or proprietor of a "Medical Marijuana Dispensary" is required to provide the local law enforcement agency within whose boundaries it is located, a list of all its employees, including full name and date of birth, by January 15th of each year, or anytime a new employee is hired.
      (12)   Each "Medical Marijuana Dispensary" shall dispense a safe product. It is the sole responsibility of each "Medical Marijuana Dispensary" to test their products and list the name, quantity and percentage of the main active ingredient (Delta 9 Tetrahydrocannabinol commonly known as THC) on the labels of its products. Copies of laboratory testing results showing the percentage level of THC) must be available on site for inspection by employees of the Department of Community Health or law enforcement. When the product is dispensed it shall be packaged in child proof tamper resistant packaging that is sealed, and the contents will be clearly marked with its percentage of THC and weight.
      (13)   A ledger must be maintained of all transactions. This ledger shall contain the following information: type and source of medical marijuana dispensed; the "qualifying patients" name and Marijuana Registry ID Number; and the date and time dispensed.
      (14)   "Medical Marijuana Dispensaries" that display or sell drug paraphernalia may only display and sell paraphernalia that is otherwise legal under city and state law.
      (15)   Every "Medical Marijuana Dispensary" must comply with all local, county and state laws.
      (16)   Each "Medical Marijuana Dispensary" shall be liable for all costs associated with the investigation, prosecution, incarceration, booking, medical treatment storage and destruction of evidence, and any other unspecified costs for the failure to comply with the provisions of this chapter resulting in the arrest and prosecution of any employees, owners or patrons.
      (17)   Every "Medical Marijuana Dispensary" shall keep its product in a locked, safe area within the Dispensary.
(Ord. 001-10. Passed 3-15-10.)