ARTICLE XI. - COMMERCIAL MEDICAL MARIHUANA FACILITIES AND ADULT USE ESTABLISHMENTS
Sec. 46-500. - Legislative intent.
The purpose of this article is to implement the provisions of the Michigan Marihuana Facilities Licensing Act, Public Act 281 of 2016, and the Michigan Regulation and Taxation Act Initiated Law 1 of 2018, which authorizes the licensing and regulation of commercial medical marihuana facilities or commercial adult use establishments; affords the city the option to allow commercial medical marihuana facilities or commercial adult use establishments; and the authority to regulate commercial medical marihuana facilities or commercial use establishments by requiring a permit and compliance with requirements as provided in this article, in order to maintain the public health, safety and welfare of the public.
Nothing in this article is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of marihuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law of 2008, MCL 333.26421 et seq.; the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Michigan Marihuana Tracking Act, MCL 333.27901 et seq.; the Michigan Regulation and Taxation of Marihuana Act MCL 333.27951 et seq.; and all other applicable rules promulgated by the State of Michigan.
As of the effective date of this article, marihuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., which makes it unlawful to manufacture, distribute, or dispense marihuana, or possess marihuana with the intent to manufacture, distribute, or dispense marihuana. Nothing in this article is intended to grant immunity from any criminal prosecution under federal laws.
(Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 6-7-2018; Ord. No. 19-001, 6-3-2019)
Sec. 46-501. - Denitions.
For the purpose of this article the following words, terms, and phrases shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
Any term defined by the Michigan Medical Marihuana Act, MCL 333.2621 et seq., shall have the definition given in the Michigan Medical Marihuana Act.
Any term defined by the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., shall have the definition given in the Michigan Medical Marihuana Facilities Licensing Act.
Any term defined by the Michigan Medical Marihuana Tracking Act, MCL 333.27901 et seq., shall have the definition given in the Michigan Medical Marihuana Tracking Act.
Any term defined by the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., shall have the definition given in the Michigan Regulation and Taxation of Marihuana Act.
Adult use means recreational marihuana as defined in the Michigan Regulation and Taxation of Marihuana Act.
City means the City of Adrian.
Commercial marihuana facility means all types of medical or recreational facilities
Department means the Michigan State Department of Licensing and Regulatory Affairs or any authorized designated Michigan agency authorized to regulate, issue or administer a Michigan license for a commercial medical marihuana facility.
Enclosed building means a combination of materials forming a structure affording a facility or shelter for use or occupancy by individuals or property in which a proper ventilation system allows for all windows, entrances, and exits to safely remain closed, with the exceptions of normal entry and exit of the building for business purposes, and safety or emergency purposes i.e. fire. Building includes a part or parts of the building and all equipment in the building. A building shall not be construed to mean a building incidental to the use for agricultural purposes of the land on which the building is located.
Grower or grower facility means a commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center. Grower facilities are divided into classes: class A facility—up to 500 plants; class B facility—up to 1,000 plants; class C facility—up to 1,500 plants, and excess grower—expansion of grower who already holds five adult use class C grower licenses.
License means a current, valid license for a commercial medical marihuana facility issued by the State of Michigan.
Licensee means a person holding a current, valid Michigan license for a commercial medical marihuana facility.
Marihuana means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.
Marihuana plant(s) means any plant of the species Cannabis sativa L.
Medical marihuana means that term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Michigan Medical Marihuana Tracking Act, MCL 333.27901 et seq.
Medical marihuana facility(s) means any facility, establishment and/or center at a specific location which is licensed under this chapter to operate under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., including a provisioning center, grower, processor, safety compliance facility, and secure transporter. The term does not include or apply to a "primary caregiver" or "caregiver" as the term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq.
Permit means a current, valid permit for a commercial marihuana facility issued pursuant to this article, granted to a permit holder valid for a specific permitted premises and a specific permitted property.
Permit holder means the person that holds a current, valid permit under this article.
Permitted premises means the particular building or buildings within which the permit holder will be authorized to conduct the facility's activities pursuant to the permit.
Permitted property means the real property comprised of the lot, parcel or other designated unit of real property upon which the permitted premises is situated.
Person means a natural person, company, partnership, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.
Processor or processor facility means a commercial entity that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
Provisioning center or retail establishment means a commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center or retail establishment includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. The term does not include or apply to a non-commercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the MMMA.
Recreational marihuana means that term as defined in the Public Health Code, MCL 333.1101 et seq. and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.
Recreational marihuana facility(s) means any facility, establishment and/or center at a specific location which is licensed under this chapter to operate under the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., including a provisioning center, grower, excess grower, processor, safety compliance facility, secure transporter, marihuana event organizer, temporary marihuana event, and designated consumption establishment.
Safety compliance facility means a commercial entity that receives marihuana from a medical marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the medical marihuana facility.
School (as defined in MCL 257.627a) means an educational institution operated by a local school district or by a private, denominational, or parochial organization. School does not include either of the following:
An educational institution that the department of education determines has its entire student population in residence at the institution.
An educational institution to which all students are transported in motor vehicles.
Secure transporter means a commercial entity that stores medical marihuana and transports medical marihuana between medical marihuana facilities for a fee.
(Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 6-7-2018; Ord. No. 19-001, 6-3-2019; Ord. No. 20-002, 2-3-2020)
DIVISION 2. - PERMITS
Sec. 46-502. - Generally.
a) No person shall operate a commercial marihuana facility, establishment or other business which requires state licensure, in the city without first obtaining a permit from the city clerk. Further, any permit application approved pursuant to this article should not be effective and no marihuana facility, establishment, or other business which requires state licensure may operate unless said operation is pursuant to a license or approval issued under the authorized state licensing agency.
b) The issuance of any permit or renewal permit pursuant to this article shall not confer any vested rights, property or other right, duty, privilege or interest in a permit of any kind or nature whatsoever including, but not limited to, any claim of entitlement or reasonable expectation of subsequent renewal on the applicant or permit holder and shall remain valid only for one year immediately following its approval.
c) A permit holder may transfer a permit issued under this article to a different location upon receiving approval from the city commission. In order to request approval to transfer a permit location, the permit holder must make a written request to the city clerk, indicating the current permit location and the proposed permit location. Upon receiving the written request, the city clerk shall refer a copy of the written request to each of the following for their approval: the fire department, the building inspection department, the police department, the zoning administrator, and the city treasurer. Prior to final approval of transfer the permit holder must submit an updated application and any supporting documents. No permit transfer shall be recommended for approval unless each individual department gives written approval that the permit holder and the proposed permit location meet the standards identified in this article, including but not limited to section 46-505, and the city clerk has determined the proposed location meets the requirements of section 46- 505.
d) A permit holder may transfer a valid permit issued under this article to a new individual or entity upon obtaining approval from the city commission. A request for transfer of a valid permit to a new individual or entity must be made in writing, to the city clerk. The permit holder must provide documentation from the state agency indicating the state license may be transferred. Upon receiving the written request the city clerk shall consider the request as a new application for a permit and the procedures set forth in section 46-505 shall be followed including submission of the non-refundable permit application fee. Application fees are nontransferable.
e) A permit holder must submit to the city a copy of their valid state license within 180 days of issuance of the permit under this article. Failure to provide such proof may result in suspension or revocation of the permit.
f) If a permit holder has not obtained a valid state license at the end of 180 days, they may request an extension of time on a form provided by the city clerk. The city clerk may require additional/supplemental information to confirm the reasons for delay. Failure to provide the required information may result in denial of extension. Extensions will be granted or denied by the city clerk. The granting of an extension shall not exceed 120 days or the expiration date of the current permit.
g) If the facility is a new build/construction and State licensing has not been issued within 180 days, the permit holder may request a form from the city clerk to apply for building and/or fire inspection waivers. A waiver will be granted or denied by the city clerk. The granting of a waiver shall not exceed one year or the expiration date of the current permit.
h) To the extent permissible under law, all information submitted in conjunction with an application for a permit or permit renewal required by this article is confidential and exempt from disclosure under the Michigan Freedom of Information Act, 1976 PA 442, MCL 15.231 et seq., including the trade secrets or commercial or financial information exemptions available under Section 13(f) of the Michigan Freedom of Information Act. Furthermore, no personal or medical information concerning the applicant shall be submitted to the medical marihuana commission. (Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 6-7-2018; Ord. No. 19-001, 6-3-2019)
Sec. 46-503. - Authorization and prohibition of commercial marihuana acilities/establishments in the city.
a) The following types of commercial medical marihuana facilities are authorized to operate in the city:
Growers: class A, B, and C.
Marihuana processor.
Marihuana provisioning center.
Marihuana secure transporter.
Marihuana safety compliance facility.
The following types of commercial adult-use marihuana establishments are authorized to operate in the city:
Growers: class A, B, and C and excess growers. Marihuana processor.
Marihuana retailer.
Marihuana secure transporter.
Marihuana safety compliance facility.
The following types of commercial adult-use marihuana establishments and/or license holders are prohibited from operating in the city:
Marihuana microbusinesses.
Marihuana event organizers.
Temporary marihuana events.
Designated consumption establishments.
(Ord. No. 17-035, 12-13-2017; Ord. No. 19-013, 10-7-2019)
Sec. 46-505. - Requirements for permit application submission.
a) Every marihuana facility, establishment, or other business in the city shall be subject to the terms and provisions set forth in this article. No person shall operate a marihuana facility, establishment, or other business in the city without a current, valid permit issued by the city pursuant to the provisions of this article. The permit requirements set forth in this article shall be in addition to, not in lieu of any other licensing and/or permitting requirements imposed by any other federal, state, or local law.
b) Applications for permits shall be made annually. Each complete application for a permit or permits required by this article shall be made on forms provided by the city clerk.
c) Every applicant for a marihuana facility, establishment, or other business permit shall complete and file the application form provided by the city clerk's office. Any application missing information in any required field will be deemed incomplete and is subject to denial of the permit by the city clerk. Each question in the (1) (2) (3) (4) (5) (6) (7) application must be answered in its entirety and all the information requested and required by this article must be submitted with the application. Failure to comply with these rules and the application requirements in this article is grounds for denial of the application. An application for a commercial marihuana facility permit shall contain all of the following:
Current documentation from the State of Michigan showing approved pre-qualification status for any state required commercial marihuana license or a copy of a valid state required commercial marihuana license.
If the applicant is an individual, the applicant's name, date of birth, physical address, email, one or more phone numbers, including emergency contact information, and a copy of a valid unexpired driver's license or state ID for the applicant. Acceptable ID will be issued by the state in accordance with the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the Michigan Regulation and Taxation of Marihuana Act MCL 333.27951 et seq.; and all other applicable rules promulgated by the State of Michigan.
If the applicant is not an individual, the names, dates of birth, physical addresses, email addresses, and one or more phone numbers of each stakeholder of the applicant, including designation of a stakeholder as an emergency contact person and contact information for the emergency contact person, a copy of a valid unexpired driver's license or state ID for each applicant or stakeholder of the applicant. Acceptable ID will be issued by the state in accordance with the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the Michigan Regulation and Taxation of Marihuana Act MCL 333.27951 et seq.; and all other applicable rules promulgated by the State of Michigan. Additionally, if the applicant is a limited liability company, articles of incorporation of organization, internal revenue service SS-4 EIN confirmation letter, and the operating agreement or bylaws of the applicant, are required.
The name and address of the proposed commercial marihuana facility and any additional contact information deemed necessary by the city clerk including name, address, and telephone number of the owner(s) of all real property where the facility is located.
One of the following: (a) proof of ownership of the entire premises wherein the commercial marihuana facility is to be operated; or (b) a notarized statement from the property owner for use of the premises in a manner requiring licensure under this article along with a copy of any lease for the premises.
A signed release shall be provided, on a form included with the application, permitting the city police department to perform a criminal background check to ascertain whether any person named on the application has been convicted of any disqualifying felony or any controlled-substance-related misdemeanor under Michigan law or the law of any other state or the United States.
A signed acknowledgement that the applicant is aware and understands that all matters related to marihuana, growing, cultivation, possession, dispensing, testing, safety compliance, transporting, distribution, and use are currently subject to state laws, rules and regulations, and that the approval or granting of a permit hereunder does not exonerate or exculpate the applicant from abiding by the provisions and requirements and penalties associated with those laws, rules and regulations or exposure to any penalties associated therewith; and further the applicant waives and forever releases any claim, demand, action, legal redress or recourse against the city, its elected and appointed officials and its employees and agents for any claims, damages, liabilities, causes of action, and attorney fees that applicant may incur as a result of a violation by applicant, its officials, members, partners, shareholders, employees and agents, of those laws, rules and regulations and hereby waives and assumes the risk of any such claims and damages and lack of recourse against the city, its elected and appointed officials, employees, attorneys, and agents.
A signed acknowledgement that all cultivation must be performed in an enclosed building.
An affidavit that neither the applicant nor any stakeholder of the applicant is in default to the city, specifically that the applicant or stakeholder of the applicant has not failed to pay any property taxes, special assessments, fines, fees or other financial obligation to the city.
For each permit type the following documentation is required: a) Proof of a surety bond in the amount of $100,000.00 with the city listed as the obligee to guarantee the performance by applicant of the terms, conditions and obligations of this article in a manner and surety approved by the city attorney; or, in the alternative, b) Proof of creation of an escrow account as follows: 1. The account must be provided by a state or federally regulated financial institution or other financial institution approved by the city attorney based upon an objective assessment of the institution's financial stability; and 2. The account must be for the benefit of the city to guarantee performance by licensee in compliance with this article and applicable law; and 3. The account must be in the amount of $20,000.00 and in a form prescribed by the city attorney.
Proof of an insurance policy covering each facility and naming the city, its elected and appointed officials, employees, and agents, as additional insured parties, available for the payment of any damages arising out of an act or omission of the applicant or its stakeholders, agents, employees, or subcontractors, in the amount of (a) at least $1,000,000.00 for property damage; (b) at least $1,000,000.00 for injury to one person; and (c) at least $2,000,000.00 for injury to two or more persons resulting from the same occurrence. The insurance policy underwriter must have a minimum A.M. Best Company insurance ranking of B+, consistent with state law. The policy shall provide that the city shall be notified by the insurance carrier 30 days in advance of any cancellation.
Any other information deemed by the city to be required for consideration of a permit.
d) All applications shall be accompanied by a non-refundable permit application fee for each permit type. The renewal fee is established to defray the costs of the administration of this article and is set by resolution of the city commission.
(Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 4-16-2018; Ord. No. 18-009, 6-7-2018; Ord. No. 19-001, 6-3-2019; Ord. No. 20- 002, 2-3-2020)
Sec. 46-506. - Requirements for application for renewal of annual permit.
a) A completed application for a renewal permit must be received by the city clerk no later than 90 days prior to the expiration of the current permit. Pending applications for annual renewal or amendments of existing permits shall be reviewed, and granted or denied by the city commission prior to new permit applications being considered.
b) Applications for renewal of permits shall be made annually. Each complete application for a permit or permits required by this article shall be made on forms provided by the city clerk and must meet all requirements of section 46-505.
1. Applications for renewal of permits issued in 2018 only shall qualify for an exception
to subsection 46-505(c)
c) All renewal applications shall be accompanied by a non-refundable permit application fee for each permit type. The renewal fee is established to defray the costs of the administration of this article, and is set by resolution of the city commission.
(Ord. No. 19-001, 6-3-2019; Ord. No. 20-002, 2-3-2020) Editor's note— See note at § 46-507
Sec. 46-507. - Issuance or denial of new or renewal permit.
a) Upon submission of an applicant's completed application, including all required information and documentation, the city clerk shall accept the application and assign it a sequential number based on the date and time the application was accepted and refer a copy of the application to each of the following for their approval: the fire department, the building inspection department, the police department, the zoning administrator, the city treasurer, and the legal department.
b) A permit means only that the applicant has submitted a valid application for a marihuana facility, establishment, or other business permit, and that 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 city, as well as, all statutes and regulations of the State of Michigan including but not limited to the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Michigan Medical Marihuana Tracking Act, MCL 333.27901 et seq.; the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq., and all other applicable rules promulgated by the State of Michigan.
c) A permit is valid only for the permit holder and location identified on the permit and may only be transferred by approval of the city commission pursuant to subsections 46-502(c) and (d) of this article.
d) The permit shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.
e) The city clerk shall not recommend a permit for approval unless all of the following conditions have been met:
The fire department and building department have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with this article.
The zoning administrator has confirmed that the proposed location complies with the zoning code and issues a zoning compliance permit and zoning exception permit.
The city treasurer has confirmed that the applicant and the proposed location are not in default to the city.
The police department has determined that the applicant has met the requirements of this article with respect to the background check and security plan.
The legal department has determined that the applicant has satisfied the requirements of this article with respect to submission of all required documents and completeness of the application.
All additional information deemed by the city to be required for consideration of a permit.
f) The city clerk shall not recommend a permit for renewal unless all of the following additional conditions have been met:
The applicant possesses the necessary state license or approvals, including those issued pursuant to all applicable state and local laws, rules, or ordinances.
The applicant has operated the marihuana facility, establishment or other business in accordance with the c requirements of this article.
The marihuana facility, establishment, or other business has not been declared a public nuisance.
The applicant is operating the marihuana facility, establishment or other business in accordance with federal, state, and local laws and regulations.
g) If written approval is given by each individual, department, or entity in subsection (e), the city clerk shall recommend the permit or renewal of an annual permit to the city commission for approval.
h) A permit will lapse and be void if such other required permits, valid state licensing, and approvals are not diligently pursued to completion, but in any event no later than 180 days after the permit is issued.
i) Any applicant for a commercial marihuana facility, establishment or other business permit whose building is not yet in existence at the time of city commission approval shall have one year immediately following the date of approval to complete construction of the building, in accordance with applicable zoning ordinances, building codes and other applicable state or local laws, rules or regulations, and to commence business operations.
j) Within 90 days of receipt of a complete application and all required fees, all inspections, review and processing of the application shall be completed, and the city clerk shall make a recommendation to the city commission to approve or deny the marihuana facility permit.
k) The city commission shall approve or deny a permit within 120 days of receipt of the completed application and fees. The processing time may be extended upon written notice by the city for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit. No permit is valid until final approval of the city commission.
l) The city has no obligation to process or approve any incomplete application. Any time period provided under this article shall not commence until the city receives a completed application, as determined by the city clerk. A determination of a complete application shall not prohibit the city from requiring supplemental information. The city may delay an application while additional information is requested including, but not limited to, requests for additional disclosures and documentation to be furnished to the city clerk.
m) If more qualified applications are received than the number of permits allowed for provisioning centers or retails establishments in the B-1 and B-2 districts under this article, the city commission may review and amend this article as it determines advisable.
n) If applicant fails to comply with this article, a permit may be denied as provided under this article. In addition to failing to comply with this article, a permit may be denied for the following reasons:
The applicant made a material misrepresentation on the application.
The applicant fails to correct any deficiencies in the application or supply additional required information.
The applicant fails to satisfy compliance with the municipality, state law, or this article.
The applicant is operating a commercial marihuana facility without a current, valid permit.
Any denial of a permit shall be in writing and shall state the reason for the denial.
o) Denial of permit by the City Commission may be appealed to the circuit court of this state.
(Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 4-16-2018; Ord. No. 18-009, 6-7-2018; Ord. No. 19-001, 6-3-2019; Ord. No. 20- 002, 2-3-2020)
Editor's note— Ord. No. 19-001, adopted June 3, 2019, added a new § 46-506 and subsequently renumbered former § 46-506 as § 46-507.
Sec. 46-508. - Conduct of permit holder.
a) Each permit holder shall, as a condition of obtaining and maintaining a permit, agree to comply at all times with applicable local and state building, zoning, fire, health and sanitation statutes, ordinances and regulations.
b) The premises shall be operated and maintained at all times consistent with responsible business practices and so that no excessive demands will be placed upon public health or safety services, nor any excessive risk of harm to the public health, safety or sanitation.
c) Permit holder shall immediately notify the city clerk and update as required the information provided on the application and the permit. Further, the permit holder shall notify the city clerk, within ten business days, of any other change in the information required by this article or that may materially affect the state license or the permit. Failure to do so may result in suspension or revocation of the permit.
d) An applicant or permit holder has a duty to notify the city clerk in writing within ten business days of any pending criminal charge, and any criminal conviction or other offense, including but not limited to any violation of building, fire, or zoning codes, the Michigan Medical Marihuana Act (MCL 333.26421 et seq.), Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.), Michigan Medical Marihuana Tracking Act, (MCL 333.27901 et seq.), Michigan Regulation and Taxation of Marihuana Act, (MCL 333.27951 et seq.), and all other applicable rules promulgated by the State of Michigan, committed by the applicant, permit holder, any owner, principal, officer, director, manager or employee relating to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana within ten days of the event.
e) The permit holder may not operate any other commercial marihuana facility in the permitted premises or on the permitted property, or in its name at any other location within the city without first obtaining a separate permit.
f) A signed acknowledgement of the permit holder's intent to acquire and maintain a valid marihuana facility license from the State of Michigan is a condition for issuance and maintenance of a marihuana facility permit under this article. In the event of a lapse in the state issued medical marihuana facility license, for any reason, the applicant may not continue operation of any marihuana facility in the City of Adrian, unless and until a valid state license is reinstated or obtained.
g) Failure to comply with the requirements contained in this article is a civil infraction.
(Ord. No. 17-035, 12-13-2017; Ord. No. 19-001, 6-3-2019; Ord. No. 20-002, 2-3-2020) Editor's note— Ord. No. 19-001, adopted June 3, 2019, renumbered § 46-507 as § 46-508.
Sec. 46-509. - Operational requirements.
A commercial marihuana facility issued a permit under this article and operating in the city shall at all times comply with the following operational requirements, which the city commission may review and amend from time to time as it determines reasonable.
Commercial marihuana facilities shall comply with the zoning code, the building code, and the property maintenance code at all times.
The facility must hold a valid local permit and the state required commercial marihuana facility license for the type of commercial marihuana facility carried out at the permitted property.
Each commercial marihuana facility shall be operated from the permitted premises on the permitted property. No commercial marihuana facility shall be permitted to operate from a moveable, mobile or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marihuana.
No person under the age of 18 shall be permitted to enter into the permitted premises without a parent or legal guardian.
Commercial marihuana facilities shall be closed for business and no sale or other distribution of marihuana in any form shall occur upon the premises or be delivered from the premises between the hours of 9:00 p.m. and 7:00 a.m.
Permit holders shall at all times maintain a security system that meets state law requirements, and shall also include: a) Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises; b) Burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week; c) A locking safe permanently affixed to the permitted premises that shall store all marihuana and cash remaining at the facility overnight; d) All marihuana in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises; e) All security recordings and documentation shall be preserved for at least 48 hours by the permit holder and made available to law enforcement upon request for inspection.
No commercial provisioning center shall be located within 1,000 feet of any of the following uses: a) A school, public or private, including pre-school through college or within 250 feet of any of the following uses: 1) A church or house of worship located in a residential district. 2) A park or playground. 3) A state licensed day-care facility as defined in the City of Adrian Zoning Ordinance, definition(s) 2.46. 4) A facility that provides substance abuse disorder services as defined by MCL 330.6230S.
The amount of marihuana on the permitted property and under the control of the permit holder, owner or operator of the facility shall not exceed the amount permitted by the state license.
The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law. Provisioning centers are prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the internet.
No pictures, photographs, drawings, or other depictions of marihuana or marihuana paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted 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 permitted property.
The sale, consumption, or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including marihuana, on the permitted premises is prohibited.
All activities of commercial marihuana facilities, including without limitation, distribution, growth, cultivation, or the sale of marihuana, and all other related activity permitted under the permit holder's license or permit must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.
A patient may not grow his or her own marihuana at a commercial marihuana facility.
No person operating a facility shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.
All necessary building, electrical, plumbing and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.
The permit holder, owner and operator of the facility shall use lawful methods in controlling waste or byproducts from any activities allowed under the license or permit.
Marihuana may be transported by a secure transporter within the city under this article, and to effectuate its purpose, only: a) By persons who are otherwise authorized by state law to possess marihuana for commercial purposes; b) In a manner consistent with all applicable state laws and rules, as amended; c) In a secure manner designed to prevent the loss of the marihuana; d) No vehicle used for transportation or delivery of marihuana under this article shall have for markings the words "marihuana," "cannabis," or any similar words; pictures or other renderings of the marihuana plant; advertisements for marihuana or for its sale, transfer, cultivation, delivery, transportation or manufacture, or any other word, phrase or symbol indicating or tending to indicate that the vehicle is transporting marihuana. e) No vehicle may be used for the ongoing or continuous storage of marihuana, but may only be used incidental to, and in furtherance of, the transportation of marihuana.
The city commission may impose such reasonable terms and conditions on a commercial medical marihuana facility special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this article and applicable law.
No facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors beyond the boundaries of the property on which the facility is operated; or creating any other nuisance that hinders the public health, safety and welfare of the residents of the City of Adrian.
(Ord. No. 17-035, 12-13-2017; Ord. No. 18-009, 4-16-2018; Ord. No. 19-001, 6-3-2019; Ord. No. 20-002, 2-3-2020)
Editor's note— Ord. No. 19-001, adopted June 3, 2019, renumbered § 46-508 as § 46-509.
Sec. 46-510. - Eective permit; suspension; daily violation.
a) Acceptance of the permit constitutes consent by the permit holder and its owners, officers, managers, agents and employees for any state, federal or local law enforcement to conduct random and unannounced examinations of the facility and all articles of property in that facility at any time to ensure compliance with this article and any other local regulations.
b) The city may require an applicant or permit holder of a marihuana facility, establishment, or other business to produce documents, records, or any other material pertinent to the investigation of an application or alleged violation of this article. Failure to provide the required material may be grounds for application denial or permit revocation
c) Issuance of a permit does not prohibit prosecution by the federal government for violation of its laws or prosecution by state authorities for violations of the Act or other violations not protected by the Act.
d) Compliance with city ordinances and state statutes is a condition of maintenance of a permit and a permit may be suspended for failure to comply with any of the provisions of this article. The city administrator may suspend the permit for failure to comply. Appeals of an administrative suspension must be made in writing, to the attention of the city clerk, within 30 days after the suspension notice has been served on the permit holder or posted on the permitted premises. Appeals shall be heard by the city commission at the next regularly scheduled meeting after receipt of the written appeal.
e) Suspension of a permit is not an exclusive remedy and the penalty provisions of this article are not intended to foreclose any other remedy or sanction that might be available to, or imposed by the city, including criminal prosecution.
f) In addition to any other remedies, the city may institute proceedings for injunction, mandamus, abatement or other appropriate remedies to prevent, enjoin, abate or remove any violations of this article. The rights and remedies provided herein are civil in nature. The imposition of a fine shall not exempt the violator from compliance with the provisions of this article.
(Ord. No. 17-035, 12-13-2017; Ord. No. 19-001, 6-3-2019)
Editor's note— Ord. No. 19-001, adopted June 3, 2019, renumbered § 46-509 as § 46-510.
Sec. 46-511. - Permit revocation; bases for revocation or denial; appeal of permit revocation or denial.
a) Any permit issued under this article may be recommended for revocation by the city clerk to the city commission if the city clerk finds and determines that grounds for revocation exist. Any grounds for revocation must be provided to the permit holder at least ten days prior to the date of the city commission meeting at which the recommendation for revocation will be heard. Notice of the meeting shall be sent by first class mail to the mailing address given on the permit application or any updated mailing address provided to the city clerk in writing subsequent to the filing of an application.
b) A permit applied for or issued may be denied or revoked on any basis provided under this article including the following: 1) A material violation of any provision of this article, including, but not limited to, the failure to submit a complete application under section 46-505; or 2) Any conviction of a disqualifying felony by the permit holder, stakeholder, or any person holding an ownership interest in the permit; or 3) Commission of fraud or misrepresentation or the making of a false statement by the applicant, permit holder, or 4) any stakeholder of the applicant or permit holder while engaging in any activity for which this article requires a permit; or 5) Failure to obtain, maintain or renew a permit issued by the city clerk pursuant to this article; or 6) Failure of the permit holder or the marihuana facility, establishment or other business to obtain or maintain a license or approval from the state pursuant to the state or other laws; or The marihuana facility, establishment or other business is determined by the city to have become a public nuisance or otherwise is operating in a manner detrimental to the public health, safety or welfare.
c) The denial of an application or revocation of a permit by the city commission shall be final for purposes of judicial review.
(Ord. No. 19-001, 6-3-2019)
Editor's note— Ord. No. 19-001, adopted June 3, 2019, added a new § 46-511 and subsequently renumbered former § 46-511 as § 46-514.
Sec. 46-512. - Violations municipal civil infraction.
Any person and/or entity in violation of any provision of this article or failure to comply with any of the requirements of this article, including the operation of a marihuana facility, establishment, or other business without a permit issued pursuant to this article, is responsible for a municipal civil infraction violation. The city shall assess fines and abatement costs of each violation together with all remedies available under MCL 600.8701 et seq. Increased civil fines may be imposed for a repeat violation. As used in this section "repeat violation" shall mean a second or any subsequent infraction of the same requirement or provision committed by a person or establishment within any 12-month period. Each day a violation continues, including each day that a person shall operate a medical marihuana facility without a permit or assist in the operation of a medical marijuana facility without a valid permit in effect for that property, shall constitute a separate offense. Upon the third offense in any 12-month period, a recommendation for permit denial or revocation may be made to the city commission. Fines for each offense shall be as set forth in section 2-373 of the Adrian City Code.
(Ord. No. 19-001, 6-3-2019)
Sec. 46-513. - Fees for permits.
The fees for the permit herein defined shall be set by resolution of the city commission. The fee shall defray the costs incurred by the city for inspection, administration and enforcement of this article and shall not exceed any limitations imposed by Michigan law.
(Ord. No. 17-035, 12-13-2017; Ord. No. 19-001, 6-3-2019)
Editor's note— Ord. No. 19-001, adopted June 3, 2019, renumbered § 46-510 as § 46-513.
Sec. 46-514. - Severability.
The provisions of this article are hereby declared severable. If any part of this article is declared invalid for any reason by a court of competent jurisdiction, that declaration does not affect or impair the validity of all other provisions that are not subject to that declaration.
(Ord. No. 17-035, 12-13-2017; Ord. No. 19-001, 6-3-2019)
Note— See editor's note at end of § 46-511.
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