Skip to code content (skip section selection)
Compare to:
Wayne Overview
Wayne, Michigan Code of Ordinances
WAYNE, MICHIGAN CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 800 Theft Prevention of Alcoholic Beverages
CHAPTER 802 Police Alarms
CHAPTER 804 Billiard Rooms and Bowling Alleys
CHAPTER 807 Cable Communications Regulatory Ordinance
CHAPTER 808 Cable Telecommunications Systems
CHAPTER 809 Cable Television Franchises and Cable Systems
CHAPTER 810 Casual Sales
CHAPTER 812 Christmas Tree Sales
CHAPTER 814 Commercial Antenna Towers
CHAPTER 816 Drive-In Restaurants
CHAPTER 818 Electric Utility Franchises
CHAPTER 820 Fortunetelling
CHAPTER 822 Massage Establishments
CHAPTER 824 Gas Stations
CHAPTER 828 Ice Cream Vendors
CHAPTER 830 Pawnbrokers
CHAPTER 832 Materials Recovery Operators and Materials Recovery Facilities
CHAPTER 834 Precious Metal and Gem Dealers
CHAPTER 836 Medical Marijuana Dispensaries
CHAPTER 838 Medical Marihuana Facilities
CHAPTER 840 Mechanical and Electronic Amusement Devices
CHAPTER 844 Motorcycle Rental Agencies
CHAPTER 858 Shelters for the Homeless
CHAPTER 860 Public Shows, Carnivals, Circuses, Revivals, Public Assemblies and Exhibitions
CHAPTER 864 Solicitors, Canvassers and Vendors
CHAPTER 866 Solid Waste Haulers
CHAPTER 868 Taxicabs
CHAPTER 869 Telecommunications
CHAPTER 870 Telecommunications Systems
CHAPTER 872 Vendors
CHAPTER 882 Blight Regulations for Commercial Areas
CHAPTER 884 Temporary Signage During Construction
CHAPTER 885 Temporary Signage "A"-Frame Signs
CHAPTER 886 Liquor License Management
CHAPTER 888 Mobile Food Service Establishments
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 838
Medical Marihuana Facilities
838.01   Purpose and definitions.
838.02   License required.
838.03   Types of licenses permitted within the City.
838.04   Application.
838.05   General requirements.
838.06   Specific requirements.
838.07   Review of a license.
838.08   Violations, penalties, revocation.
838.09   City responsibility.
838.10   Primary caregiver operations.
838.01 PURPOSE AND DEFINITIONS.
   (a)   Purpose.
      (1)   This chapter is an exercise of the police powers of the City of Wayne and provides a mechanism for licensing and regulating medical marihuana facilities and recreational marihuana establishment to the extent permissible under the laws and regulations of the State of Michigan this chapter and to protect the public health, safety, and welfare of the residents of the City.
      (2)   The City finds that the activities described in this chapter are connected to and will impact the public health, safety, and welfare of its citizens and it is therefore necessary to regulate and enforce the safety, security, fire, police, and health and sanitation practices related to such activities, and to provide a method to defray the administrative costs incurred by such regulation and enforcement.
      (3)   Nothing herein shall be construed to expand or limit the scope of the Medical Marihuana Facilities Licensing Act (“MMFLA”), MCL 333.2791 et seq., or the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”), 2018 Initiated Law 1 MCL 333.27951 to 333.27967 or the Michigan Medical Marihuana Act, MCL 333.26421 et al. or to lessen the zoning requirements for any facilities or establishments, as required under the City’s zoning ordinances.
   (b)   Definitions. The following words and phrases shall have the following definitions when used in this chapter:
      (1)   “Application” means an application for a license under this chapter and includes all supplemental documentation attached or required to be attached thereto.
      (2)   “Applicant” means the person filing the application.
      (3)   “Building” means the particular building within which the licensee will be authorized to conduct the facility or establishment activities pursuant to the license.
      (4)   “City” means the City of Wayne, Michigan.
      (5)   “City Manager” means the City of Wayne City Manager or the City Manager’s designee.
      (6)   “Clerk” means the City of Wayne City Clerk or his/her designee.
      (7)   “Distance” means a straight-line measurement from the respective parcel or lot line next to the applicable parcel or lot line.
      (8)   “License” means a current and valid permit for a medical marihuana facility or recreational marihuana establishment issued under this chapter by the City, which shall be granted to a licensee only for and limited to a specific person, and property.
      (9)   “Licensee” means the person that holds a current and valid license issued pursuant to the MMFLA and/or the MRTMA that allows the licensee to operate as one of the following under the MMFLA and MRTMA, specified in the license:
         A.   Grower;
         B.   Processor;
         C.   Secure transporter;
         D.   Provisioning center;
         E.   Safety compliance facility; or
         F.   Retailers under the MRTMA but not a microbusiness.
      (10)   “Marihuana” means that term as defined in Section 7106 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106.
      (11)   “Medical Marihuana” means that term as defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq.
      (12)   “Medical Marihuana Facility” or “Facility” means one of the following:
         A.   “Grower” or “Grower Facility” as that term is defined in the Medical Marihuana Facilities Licensing Act.
         B.   “Safety Compliance Facility” as that term is defined in the Medical Marihuana Facilities Licensing Act.
         C.   “Provisioning Center” as that term is defined in the Medical Marihuana Facilities Licensing Act.
         D.   “Processor” as that term is defined in the Medical Marihuana Facilities Licensing Act.
         E.   “Secure Transporter” as that term is defined in the Medical Marihuana Facilities Licensing Act.
      (13)   “Medical Marihuana Facilities Licensing Act (MMFLA)” means PA 281 of 2016, MCL 333.27101 et seq.
      (14)   “Michigan Medical Marihuana Act (MMMA)” means Initiated Law 1 of 2008, MCL 333.26421 et seq.
      (15)   “Michigan Regulation and Taxation of Marihuana Act (MRTMA)” means the MRTMA approved by the citizens of Michigan 2018 Initiated Law 1 MCL 333.27951 to 333.27967.
      (16)   “Paraphernalia” means drug paraphernalia as defined in Section 7451 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7451, that is or may be used in association with medical marihuana.
      (17)   “Patient” means a “registered qualifying patient” or a “visiting qualifying patient” as those terms are defined by the Michigan Medical Marihuana Act.
      (18)   “Person” means a natural person, company, partnership, corporation, limited liability company, or any joint venture for a common purpose.
      (19)   “Primary Caregiver” means a person qualified under MCL 333.26423(g), and the rules promulgated therefore by the Department of Community Health, R 333.101 et seq., including, but not limited to possession of a valid, unexpired registry identification card, to assist with a patient’s use of medical marihuana, and authorized under the Michigan Medical Marihuana Act to operate as a primary caregiver.
      (20)   “Primary Caregiver Operation” means a location where a primary caregiver can lawfully operate as permitted by the MMMA and this chapter. A primary caregiver operation is not a medical marihuana facility.
      (21)   “Property” means the real property comprised of a lot, parcel or other designated unit of real property upon which the facility or establishment is situated.
      (22)   “Public Place” means any area in which the public has access.
      (23)   “Recreational Marihuana Establishment” or “Establishment” means a marihuana grower, marihuana safety complaints facility, marihuana processors, marihuana secured transporters and marihuana retailers but not a microbusiness as defined in the MRTMA.
      (24)   “Registry Identification Card” means the document issued to a patient or a primary caregiver and defined under the MMMA.
      (25)   “State Licensee” means a person holding a current and valid State operating license for a medical marihuana facility or an establishment license under the MRTMA as permitted by this chapter.
      (26)   “State Operating License” means a license that is issued under the MMFLA and/or the MRTMA that allows the State licensee to operate as one of the following, specified in the license under the MMFLA or MRTMA:
         A.   Grower;
         B.   Processor;
         C.   Secure transporter;
         D.   Provisioning center;
         E.   Safety compliance facility; or
         F.   Retailers under the MRTMA.
(Ord. 2018-03. Passed 4-17-18; Ord. 2019-06. Passed 6-27-19; Ord. 2020-04. Passed 7-21-20; Ord. 2020-05. Passed 10-20-20.)
838.02 LICENSE REQUIRED.
   (a)   No person shall own or operate a medical marihuana facility or recreational marihuana establishment under the MRTMA in the City without first applying for and receiving a license from the Clerk’s office. Licenses for recreational marihuana establishments will only be issued to licensees who are located at the same location as an existing or prior medical marihuana facilities license issued by the State of Michigan and at locations in the City where a State licensed facility is or was located in the City. (A State licensed facility that is issued for a location outside the City must co-locate within the City under State rules with a similar current facility located within the City).
   (b)   A facility or establishment shall not include a club, café, or other design that permits consumption of medical marihuana at the facility or establishment.
   (c)   A license is not transferable and shall only apply to the person and property listed on the license. If there are any changes in ownership of the entity approved for the license, that new information must be filed with the City, the City will accept changes in the stockholders of the licensed entity if the State approves the change with regard to its license, along with the $2,500 review fee. Licensees who want to change the location of their license will need to file an application with the City, pay the $2,500 review fee, obtain State approval and the new location must comply with all the requirements of this chapter.
   (d)   Licenses shall be valid for a period of one year, from July 1 to June 30.
   (e)   Every applicant shall pay a nonrefundable application fee of $5,000 at the time of application for an initial or renewal license. There will be no prorating of the application fee for applications filed after the beginning of the license year.
   (f)   An application to renew a license shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by an annual license fee of $5,000, which shall not be prorated. Any renewals issued to applicants who have an active pending application with the State of Michigan will be issued day-to-day and will expire if the State application is denied or dismissed for lack of progress by applicant.
   (g)   Licenses shall be displayed at all times, inside the location, in an open and conspicuous place.
   (h)   A use purporting to be engaged in the medical use of marihuana prior to enactment of the Michigan Medical Marihuana Facilities Licensing Act, or prior to being registered with the Michigan Department of Community Health, shall not be entitled to any legal nonconforming status under the provision of this chapter and under State law and shall be required to comply with all regulations of this chapter and State law.
(Ord. 2018-03. Passed 4-17-18; Ord. 2019-06. Passed 6-27-19; Ord. 2020-04. Passed 7-21-20; Ord. 2020-05. Passed 10-20-20; Ord. 2023-04. Passed 8-5-23; Ord. 2024-01. Passed 3-5-24.)
Loading...