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.)