(A) Purpose. The township finds that it is in the public interest to allow the permitting of certain types of state licensed recreational marihuana facilities within its boundaries pursuant to Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq. (hereinafter “the Act”).
(B) Definitions, interpretations and conflicts.
(1) Any term defined by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., shall have the definition given in the Michigan Regulation and Taxation of Marihuana Act, as amended. If the definition of a word or phrase set forth in this appendix conflicts with the definition in the Michigan Regulation and Taxation of Marihuana Act, or if a term is not defined but is defined in the Michigan Regulation and Taxation of Marihuana Act, then the definition in the Michigan Regulation and Taxation of Marihuana Act shall apply.
ACT. Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act.
APPLICANT. A person who applies for a license under this regulation. If an entity applies for a license, the term includes an officer, director or managerial employee of the entity when appropriate.
GROWER. A licensee licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance or similar product containing marihuana and other ingredients and that is intended for human consumption.
MARIHUANA ESTABLISHMENT. A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana-related business licensed by the state and township.
MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.
MARIHUANA SECURE TRANSPORTER. A person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
ORDINANCE. This appendix.
PERMIT. A current and valid permit for a recreational marihuana facility issued under this appendix, which shall be granted to an applicant only for and limited to a specific recreational marihuana facility.
PERMIT APPLICATION. An application for a permit under this appendix and includes all supplemental documentation attached or required to be attached thereto.
PERMIT HOLDER. The person that holds a current and valid permit issued under this appendix.
PERMITTED PREMISES. The particular building or buildings within which the permit holder will be authorized to conduct the recreational marihuana establishment’s activities pursuant to the permit. For the avoidance of doubt, PERMITTED PREMISES includes the outdoor cultivation of marihuana, so long as the permit holder complies with all other local and state requirements and regulations.
PROCESS or PROCESSING. To separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse or otherwise make or prepare marihuana concentrate or marihuana-infused products.
PROCESSOR or MARIHUANA PROCESSOR. A person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
STATE LICENSE. A license issued by the department that allows a person to operate a marihuana establishment.
(2) Any term defined by the Michigan Regulation and Taxation of Marihuana Act and not defined in this appendix shall have the definition given in the Michigan Regulation and Taxation of Marihuana Act.
(3) Nothing in this appendix shall be construed in such a manner as to conflict with existing township ordinances except as otherwise stated herein
(C) Applicability, permits, number of permits, eligibility and enabling provision.
(1) Pursuant to §§ 9(2) and 10(1)(b) and (1)(e) of the Act, as amended, the township will authorize permits for the following types of marihuana facilities:
(a) Growers, Class A;
(b) Growers, Class B;
(c) Growers, Class C;
(d) Processors;
(e) Retailer; and
(f) Secure transporter.
(2) The number of permits in effect at any time shall not exceed the following maximums within the township:
(a) Fifty cumulative permits for growers, Class A, B and C;
(b) Processors: two;
(c) Retailers: two; and
(d) Secure transporters: two.
(3) No person or entity that was open or operating any facility purporting to produce, manufacture, test, transfer or transport medical marihuana or marihuana prior to the adoption of this appendix by the Township Board shall be considered a lawful use or lawful nonconforming use.
(4) This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.
(D) Special use permit requirement.
(1) All recreational marihuana facilities are subject to review and approval by the Township Planning Commission in accordance with the township zoning regulations in Chapter 156 of this code of ordinances.
(2) Any person or entity that wishes to operate a marihuana establishment in the township shall obtain a permit and must obtain a state operating license prior to opening or operating.
(3) The application and inspection fee for the permit required by this appendix shall be as set from time to time by the township by resolution.
(4) In addition to an annual reapplication and inspection fee, the township shall assess an annual fee in the amount of $5,000 to defray the costs incurred by the township for inspection, administration and enforcement costs associated with the operation of the marihuana establishments operating in the township.
(5) No permit issued under this section shall be transferable unless first approved by the township and the state.
(6) All permits issued under this section shall be renewed annually and subject to annual inspection and renewal fees as set from time to time by the township by resolution.
(7) The township may limit the number of permits issued under this section and may revise this limit from time to time.
(8) No person or entity that has opened or operated a facility doing business or purporting to do business under any state law, this appendix or the Act without first obtaining a permit shall be eligible for a permit.
(9) A person or entity that receives a permit under this appendix shall display its permit and, when issued, its state operating license in plain view clearly visible to township officials and authorized agents of the state.
(E) Location requirements.
(1) Processors must be located in the M Industrial Zoning District.
(2) Growers must be located in the M Industrial Zoning District.
(3) Retailers must be located in the M Industrial Zoning District.
(4) Secure Transporters must be located in the M Industrial Zoning District.
(5) All operations and activities of caregivers operating under the Michigan Medical Marihuana Act (M.C.L.A. §§ 333.26421 et seq., Initiated Law 1 of 2008) or any other statute or regulation of the state must be located in a Commercial Zoning District.
(6) No marihuana establishment shall be located within 1,000 feet of a public or private elementary or secondary school.
(7) The applicant location shall meet all applicable written and duly promulgated standards of the township and, prior to opening, shall demonstrate to the township that it meets the rules and regulations promulgated by the state.
(8) The applicant’s location shall conform to all standards of the zoning district in which it is located.
(9) No person shall reside or permit any person to reside in or on the premises of a medical marihuana facility.
(F) Operational requirements.
(1) Generally. A recreational marihuana establishment issued a permit under this appendix and operating in the township shall at all times comply with the operational requirements described herein, which the township may review and amend from time to time as it determines reasonable.
(2) Scope of operation. Recreational marihuana establishments shall comply with all respective codes of the local zoning, building, and health departments. The marihuana establishment must hold a valid permit and state operating license for the type of recreational marihuana establishment intended to be carried out on the property. All recreational marihuana establishments shall comply with all applicable state laws.
(3) Security. Permit holders shall at all times maintain a security system that includes the following:
(a) Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the property;
(b) Robbery and burglary alarm systems which are monitored and operated 24 hours per day; and
(c) All recreational marihuana in whatever form stored at the property shall be kept in a secure manner and shall not be visible from outside the property.
(4) Operating hours. No recreational marihuana establishment shall operate between the hours of 8:00 p.m. and 8:00 a.m., Monday through Saturday with no hours of operation to be held on Sunday unless otherwise determined by the Planning Commission.
(5) Sign restrictions. It shall be prohibited for any recreational marihuana establishment to display any signs that are inconsistent with local laws, regulations or any other applicable laws. No pictures, photographs, drawings or other depictions of recreational marihuana shall appear on the outside of any property nor be visible outside the property. The words “marihuana”, “cannabis” and any other words used or intended to convey the presence or availability of marihuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the property.
(6) Use of marihuana. The sale, consumption or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including recreational marihuana, on the permitted premises is prohibited.
(7) Disposal. The disposal of recreational marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it.
(8) Packaged and labeled. All recreational marihuana delivered to a patient shall be packaged and labeled as provided by applicable laws and ordinances.
(9) Additional conditions. The Planning Commission may impose such reasonable terms and conditions on a recreational marihuana establishment’s special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this appendix and applicable law.
(G) Application for and renewal of permits.
(1) Application. An application for a permit for a recreational marihuana establishment shall be submitted to the Township Clerk, and shall contain the following information:
(a) The name, address and phone number of the proposed applicant and the proposed marihuana establishment;
(b) The names, addresses and phone numbers for all owners, directors, officers and managers of the applicant and the marihuana establishment;
(c) If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all shareholders, officers and directors; if a partnership or limited liability partnership, the names and addresses of all partners; if a limited partnership or limited liability limited partnership, the names of all partners, both general and limited; or if a limited liability company, the names and addresses of all members and managers;
(d) The appropriate non-refundable application fee and the nonrefundable licensing fee in the amount determined by the township;
(e) The address of the proposed recreational marihuana establishment, proof of ownership of the proposed location where the recreational marihuana establishment is to be operated or a copy of the lease for the premises, indicating use of the premises in a manner requiring licensure under this appendix, and any additional contact information deemed necessary and requested by the township;
(f) Proof of an adequate premises liability and casualty insurance policy in a minimum amount to be determined by the Township Board. This minimum amount may be adjusted from time to time as the Township Board finds appropriate;
(g) Any other information required by the Act or this appendix and deemed by the township to be required for consideration of a permit; and
(h) The Township Board shall not consider an incomplete application but shall, within a reasonable time, return the application to the applicant with notification of the deficiency and instructions for submitting a corrected application.
(2) Renewal. The same requirements that apply to all new applications for a permit apply to all renewal applications. Renewal applications shall require township approval and shall be submitted to and received by the Clerk prior to expiration of the permit.
(H) Revocation and review.
(1) A permit granted under this section may be revoked for any of the following reasons:
(a) Any fraud or misrepresentation contained in the permit application;
(b) Any known violation of this appendix or conditions of the approval of the special use permit;
(c) Loss of the applicant’s Michigan operating license;
(d) Failure of the applicant to obtain a Michigan operating license within a reasonable time after obtaining a permit under this section; and
(e) Conducting business in an unlawful manner or in such a way as to constitute a menace to the health, safety, or general welfare of the public.
(2) Upon approval of a special use permit for any establishment contemplated herein, the Planning Commission shall transmit its action to the Township Board. The Township Board shall, upon receipt of a complete permit application and approval by the Planning Commission along with all required fees, approve or deny the permit application within 120 days of receipt of the complete permit application and approval by the Planning Commission along with all required 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 granting 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 permit application, and any times provided under this appendix shall not begin to run until the township receives a complete permit application, as determined by the Township Board. A determination of a complete permit application shall not prohibit the township from requiring supplemental information.
(Ord. 11-19-19-A, passed 11-19-2019; Ord. passed 7-21-2020)