(A) For the purposes of this chapter, any term defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended ("MMMA"), the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.2701 et seq. (MMFLA), as amended, the Marihuana Tracking Act ("MTA"), M.C.L.A. §§ 333.27901 et seq., the Michigan Regulation and Taxation of Marihuana Act (MRTMA"), M.C.L.A. §§ 333.27951 et seq., shall have the definition given in those acts; if the definition of a word or phrase set forth in this chapter conflicts with the definition in the MMMA, MMFLA or MTA, or if a term is not defined but is defined in the MMMA, MMFLA MTA, or MRTMA then the definition in the MMMA, MMFLA, MTA, or MRTMA shall apply.
(B) Any term defined by 21 USC § 860(e) referenced in this chapter shall have the definition given by 21 USC § 860(e).
(C) This chapter shall not limit an individual or entity's rights under the MMMA, MMFLA, MTA, or MRTMA and these acts supersede this chapter where there is a conflict between them, and the immunities and protections established in the MMMA and MRTMA unless superseded or preempted by the MMFLA and/or MRTMA.
(D) All activities related to medical marihuana, including those related to a Medical Marihuana Provisioning Center, and a Medical Marihuana Grower Facility, shall be in compliance with the rules of the Marihuana Regulatory Agency, the Rules of the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the city, the MMMA, MMFLA and the MTA.
(E) All activities related to recreational or adult-use only marihuana shall be in compliance with the rules of the Michigan Department of Licensing and Regulatory Affair's, or any successor agency, the rules and regulations of the city and MRTMA.
(F) Any use which purports to have engaged in the cultivation or processing of marihuana into a usable form, or the distribution of marihuana, or the testing of marihuana either prior to or after enactment of this chapter without obtaining the required licensing set forth in this chapter shall be deemed to be an illegally established use and therefore not entitled to legal nonconforming status under the provisions of this chapter, and/or state law. Any license granted pursuant to this chapter shall be exclusive to the licensee and is a revocable privilege. Granting a license does not create or vest any right, title, franchise, or other property right.
(G) The following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. The Michigan Marijuana Regulatory Agency or MRA, which is the agency within the State of Michigan Department of Licensing and Regulatory Affairs created pursuant to Executive Order 2019-07 to regulate medical and recreational marihuana.
APPLICATION FOR A LICENSE RENEWAL. An application for a license renewal pursuant to the terms and conditions of § 116.07.
BUILDING. An independent, enclosed structure having a roof supported by walls, built for permanent use, intended and/or used for shelter or enclosure of persons or chattels. When any portion of a structure is completely separated from every other part by dividing walls from the ground up, and without openings, each portion of such structure shall be deemed a separate structure, regardless of whether the portions of such structure share common pipes, ducts, boilers, tanks, furnaces, or other such systems. This definition refers only to permanent structures, and does not include tents, sheds, greenhouses and private garages on residential property, stables, or other accessory structures not in compliance with MMMA or MRTMA. A building does not include such structures with interior areas not normally accessible for human use, such as gas holders, tanks, smokestacks, grain elevators, coal bunkers, oil cracking towers or similar structures.
CHURCH. A building used for purposes of religious worship, is tax exempt under the laws of this state based on its religious activities and does not have any other use inconsistent with that purpose.
CITY. The City of Scottville, Michigan.
CITY LICENSE. A license issued by the City of Scottville for the operation of a medical marihuana facility or recreational or adult-use only marihuana establishment pursuant to the terms and conditions of this chapter and includes a license, regardless of the facility or establishment, which has been renewed pursuant to § 116.07.
CITY MANAGER. The City Manager of Scottville, Michigan.
CLERK. The City Clerk of Scottville, Michigan.
COMMISSION OR CITY COMMISSION. The City Commission of Scottville, Michigan.
EMPLOYEE. Any individual who perform services for an employer in return for the payment of direct or indirect monetary wages, for as long as the type of services and the manner how the services are provided is controlled by the employer.
LICENSEE. A person issued a license for a medical marihuana facility or recreational or adult-use only marihuana establishment pursuant to this chapter.
LIMIT. The number of recreational or adult-use only marihuana establishments allowed within the boundaries of the city or zonings designations, through a competitive application process by which the municipality selects applicants who are best suited to operate in compliance with the Michigan Regulation and Taxation of Marihuana Act and this chapter. The city's established limit prevents the Department of Licensing and Regulatory Affairs from issuing a state license within the municipality's jurisdiction if the applicant is not selected, in compliance with M.C.L.A. § 333.27956(1) and M.C.L.A. § 333.27959(4).
MARIHUANA ESTABLISHMENT. Any marihuana operation that is required to be licensed under this chapter and possesses a license or approval to operate under the MRTMA, including a Marihuana Microbusiness, a Marihuana Retailer, a Marihuana Grower, a Marihuana Processor, a Marihuana Secure Transporter, and a Marihuana Safety Compliance Facility.
MARIHUANA GROWER. A licensee that is a commercial or business entity located in the city that is licensed or approved to operate by the state pursuant to the MMFLA or MRTMA and is licensed by the city pursuant to terms and conditions of this chapter that cultivates, dries, trims or cures and packages marihuana in accordance with state law.
MARIHUANA MICROBUSINESS. A person or entity licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a Marihuana Safety Compliance Facility, but not to other marihuana establishments, located in the city that is licensed or approved to operate by the state pursuant to the MRTMA and is licensed by the city pursuant to the terms and conditions of this chapter.
MARIHUANA OPERATION/OPERATOR. All types of medical and recreational adult- use only marihuana establishments and facilities operating in the City of Scottville that are required to be licensed under this chapter and possess a license or approval to operate under state law.
MARIHUANA PROCESSOR OR MEDICAL MARIHUANA PROCESSOR. Facility means a commercial entity located in the city that is licensed or approved to operate by the state pursuant to the MMFLA or MRTMA and is licensed by the city pursuant to the terms and conditions of this chapter, that extracts resin from the marihuana or creates a marihuana-infused product, processes and packages marihuana, and sells or otherwise transfers marihuana to marihuana operations, to the extent permitted by state law and rules.
MARIHUANA RETAILER. A licensee located in the city that is licensed or approved to operate by the state pursuant to the MRTMA and is licensed by the city pursuant to the terms and conditions of this chapter to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to a marihuana establishment and to individuals who are 21 years of age or older.
MARIHUANA SAFETY COMPLIANCE FACILITY OR MEDICAL MARIHUANA SAFETY COMPLIANCE. Facility means a commercial or business entity located in the city that is licensed or approved to operate by the state pursuant to the MMFLA or MRTMA and is licensed by the city pursuant to the terms and conditions of this chapter, that tests marihuana, including certification for potency, the presence of contaminants, and tetrahydrocannabinol and other cannabinoids.
MEDICAL MARIHUANA FACILITY. Any facility or center that is required to be licensed under this chapter and possesses a license or approval to operate from the state under the MMFLA, including: A Medical Marihuana Provisioning Center, a Medical Marihuana Processor, a Medical Marihuana Grower Facility, a Marihuana Secure Transporter, and, a Medical Marihuana Safety Compliance Facility.
MEDICAL MARIHUANA PROVISIONING CENTER. A commercial or business entity located in the city that is licensed or approved to operate by the state pursuant to the MMFLA and is licensed by the city pursuant to the terms and conditions of this chapter, that sells, supplies, or provides marihuana to registered qualifying patients only as permitted by state law. MEDICAL MARIHUANA PROVISIONING CENTER, as defined in the MMMA, MMFLA and MT A, includes any commercial property or business where marihuana is sold in conformance with state law and regulation. A noncommercial or nonbusiness location used by a primary caregiver to assist a qualifying patient, as defined in the MMMA, MMFLA or MTA connected to the caregiver through the state's marihuana registration process in accordance with the MMMA, MMFLA or MTA is not a MEDICAL MARIHUANA PROVISIONING CENTER for purposes of this chapter.
PARK. An area of land designated by the city as a park on its Master Plan or on a Commission-approved list of city parks.
PERSON. An individual, partnership, firm, company, corporation, association, sole proprietorship, limited liability company, joint venture, estate, trust, or other legal entity.
SCHOOL. Buildings used for school purposes to provide instruction to children and youth in grades pre-kindergarten through 12, whether that instruction is provided by a public, private, denominational, or parochial school.
SECURE TRANSPORTER OR MEDICAL MARIHUANA SECURE TRANSPORTER. A commercial or business entity that is licensed or approved to operate by the state pursuant to the MMFLA and is licensed to operate by the city pursuant to the terms and conditions of this chapter, that stores marihuana and transports marihuana between medical marihuana facilities or marihuana establishments for a fee and in accordance with state law.
STAKEHOLDER. With respect to a trust, the trustee and beneficiaries; with respect to a limited liability company, the managers and members; with respect to a corporation, whether profit or non-profit, the officers, directors, or shareholders; and with respect to a pa1inership or limited liability partnership, the partners, both general and limited.
STATE. The State of Michigan.
(Ord. 2022-01, passed 4-25-2022)