(A) Each marihuana operation in the city shall be licensed pursuant to the terms and provisions set forth in this chapter. No person shall operate a marihuana operation in the city without first obtaining a license from the City Manager. A marihuana operation operating without a license under the provisions of this chapter or without a state license or approval pursuant to the MMFLA or MRTMA, as amended from time to time, is hereby declared to be a public nuisance.
(B) The city does not allow designated consumption establishments. Pursuant to M.C.L.A. § 333.27956(1) and M.C.L.A. § 333.27959(4). The city's established Limit in § 116.02, preempts the Department of Licensing and Regulatory Affairs from issuing a state license within the municipality's jurisdiction regarding these prohibited establishments.
(C) The term of each license for a proposed location shall be one year. A license issued under this chapter for a proposed location may be conditioned on the approval of the operator by the state pursuant to the MMFLA and/or MRTMA at the location licensed under this chapter.
(D) The city reserves the right to place a limit on the number of city licenses available for marihuana operations depending on buffering criteria, separation between establishments and general zoning restrictions. As of the time of the passing of this ordinance, no city licenses shall be issued for a marihuana safety compliance facility, a marihuana secure transporter, a designated consumption establishment, or a marihuana event organizer. The City Commission reserves the right to expand the availability of city licenses to said operations in the future.
(E) Any applicant for a marihuana retailer or a marihuana provisioning center license shall comply with all relevant provisions of the Zoning Ordinance. The Zoning Ordinance contemplates three areas (A, B, C). Areas A and C, due to its topography and density, are intended specifically to allow for growers, microbusiness and processors businesses.
(F) The Commission may establish, by resolution, an appropriate nonrefundable license application fee, not to exceed $5,000, to help defray application and administrative costs. Nothing in this chapter shall exempt an applicant from paying additional fees which are required under the Zoning Ordinance or any other applicable ordinance.
(Ord. 2022-01, passed 4-25-2022)