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(A) The maximum number of each type of marihuana facility allowed in the village shall be as follows:
Facility
|
Number
|
Grower | 15 Class C Licenses |
Processor | 5 |
Secure transporter | 2 |
Safety compliance facility | 5 |
The Village of Union City does not allow provisioning centers. | |
(B) At least every three years after adoption of this chapter, Council shall review the maximum number of each type of facility allowed and determine whether this maximum number should be changed. The review and its findings shall be recorded in the minutes of the relevant meeting of the Council.
(C) A nonrefundable fee shall be paid by each marihuana facility permitted under this chapter in an annual amount of $5,000.
(D) Once the limit is reached no further applications will be accepted and existing applications will be held in the order received when a permit becomes available. Applications older than 12 months must be resubmitted with updated information in order to be considered for any permit which becomes available.
(E) Any permit issued must be established and a certificate of occupancy issued within six months, or the permit will expire if the use is not established within the required time.
(F) Zoning approval shall be required prior to issuance of any permit. Zoning approval does not guarantee a permit for any proposed facility or growing operation.
(Ord. 95.00, passed 6-10-2019)
(A) Any combination of the following types of operating permits may operate as separate marihuana facilities at the same location grower and processor.
(B) To operate at a same location all of the following apply:
(1) The state has authorized the proposed operation at the same location;
(2) The operation at a same location shall not be in violation of any village ordinances or regulations; and
(3) Each marihuana facility shall do all of the following:
(a) Apply for and be granted separate state and village operating licenses and permits;
(b) Have distinct and identifiable area with designated structures that are contiguous and specific to the operating license;
(c) Have separate entrances and exits, inventory, record keeping and point of sale operations, if applicable;
(d) Post the state and village licenses and permits on the wall in a distinct area, and as provided in this chapter;
(e) Have the required inspections and permits for each building.
(Ord. 95.00, passed 6-10-2019)
(A) No person shall operate a marihuana facility in the village without a valid marihuana facility permit issued by the village pursuant to the provisions of this chapter.
(B) Every applicant for a permit to operate a marihuana facility shall file an application in the Village Manager's office upon a form provided by the village. The village shall adopt an application and review process that includes all of the required information and details the licensing approval process.
(C) Every applicant for a permit to operate a marihuana facility shall submit with the application a photocopy of the applicant's valid and current license issued by the State of Michigan in accordance with the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq. Applicants must have completed and received pre-approval from the State of Michigan prior to applying for a permit from the village.
(D) Applicants that have submitted a complete application for a permit type that is available to award shall receive a provisional permit.
(E) A provisional permit means only that the applicant has submitted a valid application for a marihuana facility permit, and the applicant shall not locate or operate a marihuana facility without obtaining all other permits and approvals required by all other applicable ordinances and regulations of the village. A provisional permit will lapse and be void if such permits and approvals are not obtained in six months.
(F) Upon submission of an approved license from the State of Michigan, the village shall issue a permit and operations may begin at a site for which site plan approval has been received.
(G) Maintaining a valid marihuana facility license issued by the state is a condition for the issuance and maintenance of a marihuana facility permit under this section and continued operation of any marihuana facility.
(H) A marihuana facility permit issued under this section is not transferable.
(Ord. 95.00, passed 6-10-2019)
Through submission of an application, applicants certify that the Union City Police Department is authorized to inspect the premises for purposes of determining compliance with state and local laws and consent to such inspection, without need of a search warrant. Applicants also consent to provide access to surveillance and security cameras, along with any and all recordings from the required systems, without need of a search warrant.
(Ord. 95.00, passed 6-10-2019)
(A) A marihuana facility permit shall be valid for one year from the date of issuance, unless revoked as provided by law.
(B) A valid marihuana facility permit may be renewed on an annual basis by submitting a renewal application upon a form provided by the village and payment of the annual permit fee. Application to renew a marihuana facility permit shall be filed at least 30 days prior to the date of its expiration.
(Ord. 95.00, passed 6-10-2019)
The provisions of this chapter shall be applicable to all persons and facilities described herein, whether the operations or activities associated with a marihuana facility were established without authorization before the effective date of this chapter.
(Ord. 95.00, passed 6-10-2019)
(A) Any person who violates any of the provisions of this chapter shall have their permit revoked.
(B) This chapter shall be enforced and administered by the Village Manager, Assistant Village Manager, Police Chief, or such other village official as may be designated from time to time by resolution of the Village Council.
(C) If an applicant or permitee fails to comply with this chapter, Zoning Ordinance 300.1850, if a permit no longer meets the eligibility requirements for a permit under this chapter, or if an applicant or permitee fails to provide information the village requests to assist in any investigation or inquiry, the village may deny, suspend, or revoke a permit.
(D) The Village Manager and/or Assistant Village Manager may suspend a permit without notice or hearing upon a determination that the safety or health of patrons, public or employees is jeopardized by continuing a marihuana facility's operation. If the permit is suspended without notice or hearing, a prompt post suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the Village Manager and/or Assistant Village Manager determines that the cause for suspension has been abated. The Village Manager and/or Assistant Village Manager may revoke the permit upon a determination that the permitee has not abated the issue within 30 days. A permit will automatically be revoked upon revocation or denial of a license under the Medical Marihuana Facilities License Act by the state.
(E) Any party aggrieved by an action of the Village Manager and/or Assistant Village Manager suspending or revoking a permit shall be given a hearing before the Village Council upon request. A request for a hearing must be made to the Village Clerk's Office, in writing within 21 days after service of notice of the action of the Village Manager and/or Assistant Manager.
(Ord. 95.00, passed 6-10-2019)