[Adopted 1-28-2020 by Ord. No. 1314]
A.
The purpose of this article is to exercise the police, regulatory,
and land use powers of the City of Roseville by licensing and regulating
medical marihuana provisioning centers, medical marihuana grower facilities,
medical marihuana safety compliance facilities, medical marihuana
secure transporters and medical marihuana processor facilities to
the extent permissible under State of Michigan and federal laws and
regulations and to protect the public health, safety, and welfare
of the residents of the City of Roseville; and as such this article
constitutes a public purpose.
B.
The City finds that the activities described in this article are
significantly connected to the public health, safety, security, and
welfare of its citizens and it is therefore necessary to regulate
and enforce safety, security, fire, police, health and sanitation
practices related to such activities and also to provide a method
to defray administrative costs incurred by such regulation and enforcement.
C.
The City further finds and declares that the protection of the public
health, safety, and welfare of City neighborhoods and residents are
public purposes.
D.
Except as may be required by law or regulation, it is not the intent
of this article to diminish, abrogate, or restrict the protections
for medical use of marihuana found in the Michigan Medical Marihuana
Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana
Tracking Act, as amended from time-to-time.
For the purposes of this article:
A.
Any term defined by the Michigan Medical Marihuana Act, MCL 333.26421,
et seq., as amended ("MMMA"), the Medical Marihuana Facilities Licensing
Act, MCL 333.2701, et seq. ("MMFLA") shall have the definition given
in those acts, as amended, and the Marihuana Tracking Act ("MTA"),
MCL 333.27901, et seq. if the definition of a word or phrase set forth
in this article conflicts with the definition in the MMMA, MMFLA,
or MTA, or if a term is not defined but is defined in the MMMA, MMFLA,
or MTA, then the definition in the MMMA, MMFLA, or MTA shall apply.
B.
Any term defined by 21 USC 860(e) referenced in this article shall
have the definition given by 21 USC 860(e).
C.
Where a conflict between this ordinance and the MMMA, MMFLA, or MTA
cannot be harmoniously resolved then such state laws shall supersede
or preempt this ordinance only to the extent necessary with the remaining
provisions remaining in full force and effect.
D.
All activities related to medical marihuana, including those related
to a medical marihuana provisioning center, a medical marihuana grower
facility, a medical marihuana secure transporter, a medical marihuana
processor or a medical marihuana safety compliance facility shall
be in compliance with the rules and regulations of the City of Roseville,
the MMMA, MMFLA, and the MTA.
E.
Any use which purports to have engaged in the cultivation or processing
of medical marihuana into a usable form, or the distribution of medical
marihuana, or the testing of medical marihuana either prior to or
after enactment of this article without obtaining the required licensing
set forth in this article, or as otherwise authorized under the MMMA,
shall be deemed to be an illegally established use and therefore not
entitled to legal nonconforming status under the provisions of this
article, and/or state law. The City finds and determines that it has
not heretofore authorized or licensed the existence of any medical
marihuana facility, as defined herein, in the City in and under any
form whatsoever, any license granted pursuant to this article shall
be exclusive to the licensee, is a revocable privilege, and is not
intended to, nor shall it, create a property right. Granting a license
does not create or vest any right, title, franchise, or other property
right.
F.
APPLICATION
APPLICATION FOR A LICENSE RENEWAL
ARTICLE
BUFFERED USE
BUILDING
(1)
CHURCH
CITY
CITY COUNCIL
CLERK
CULTIVATION or CULTIVATE
DISQUALIFYING FELONY
EMPLOYEE
LICENSE APPLICATION
LICENSE or MEDICAL MARIHUANA BUSINESS LICENSE
LICENSEE
MARIHUANA
(1)
(a)
(b)
(c)
(d)
(e)
MARIHUANA TRACKING ACT or MTA
MARIHUANA-INFUSED PRODUCT
MEDICAL MARIHUANA
MEDICAL MARIHUANA FACILITIES LICENSING ACT or MMFLA
MEDICAL MARIHUANA FACILITY(IES) or FACILITY(IES)
MEDICAL MARIHUANA GROWER FACILITY
MEDICAL MARIHUANA LICENSING BOARD
MEDICAL MARIHUANA PROVISIONING CENTER
MICHIGAN MEDICAL MARIHUANA ACT or MMMA
ORDINANCE
PARK
PERSON
PROCESSOR or MEDICAL MARIHUANA PROCESSOR FACILITY
PUBLIC PLAYGROUND EQUIPMENT
RESTRICTED/LIMITED ACCESS AREA
SAFETY COMPLIANCE FACILITY or MEDICAL MARIHUANA SAFETY COMPLIANCE
FACILITY
SCHOOL
SECURE TRANSPORTER or MEDICAL MARIHUANA SECURE TRANSPORTER
STAKEHOLDER
STATE
The following terms shall have the definitions given:
An application pursuant to this article.
An application for a license renewal pursuant to the terms and conditions of § 192-13.
A use subject to the buffering and dispersion requirements of § 192-19.
An independent, enclosed structure having a roof supported
by columns or walls, intended and/or used for shelter or enclosure
of persons or chattels. When any portion of a structure is completely
separated from every other part by dividing walls from the ground
up, and without openings, each portion of such structure shall be
deemed a separate structure, regardless of whether the portions of
such structure share common pipes, ducts, boilers, tanks, furnaces,
or other such systems.
This definition refers only to permanent structures, and does
not include tents, sheds, greenhouses and private garages on residential
property, stables, or other accessory structures not in compliance
with MMFLA. A building does not include such structures with interior
areas not normally accessible for human use, such as gas holders,
tanks, smoke stacks, grain elevators, coal bunkers, oil cracking towers
or similar structures.
An entire building set apart primarily for purposes of public
worship, and which is tax exempt under the law of this state, and
in which religious services are held, and the entire building structure
of which is kept for that use and not put to any other use inconsistent
with that use.
The City of Roseville.
The City Council of the City of Roseville.
The City of Roseville Clerk.
As used in this article means:
A felony that makes an individual ineligible to serve as
a registered primary caregiver under the MMMA, MMFLA, or MTA.
Any individual who is employed by an employer in return for
the payment of direct or indirect monetary wages or profit, under
contract, and any individual who volunteers his or her services to
an employer for no monetary compensation, or any individual who performs
work or renders services, for any period of time, at the direction
of an owner, lessee, of other person in charge of a place.
An application submitted for a license pursuant to the requirements
and procedures set forth in this article.
A license issued for the operation of a medical marihuana facility pursuant to the terms and conditions of this article and includes a license which has been renewed pursuant to § 192-13.
A person issued a license for a medical marihuana facility
pursuant to this article.
All parts of the plant cannabis sativa 1., growing or not;
the seeds of the plant; the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparations
of the plant or its seeds or resin.
"Marihuana" (other than for purposes of disposal provisions
of this article) does not include:
The mature stalks of the plant;
Fiber produced from the stalks, oil or cake made from the seeds
of the plant;
Any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks, (except the resin extracted from
those stalks, fiber, oil or cake);
Any sterilized seed of the plant that is incapable of germination;
or
Industrial hemp grown or cultivated or both for research, purposes
under the industrial hemp research act.
Public Act 282 of 2016 MCL 333.27901, et seq., as amended
from time-to-time.
A topical formulation, tincture, beverage, edible substance,
or similar product containing any usable marihuana that is intended
for human consumption in a manner other than smoke inhalation. Marihuana-infused
product shall not be considered a food for purpose of the food law,
2000 PA 92, MCL 289.1101 to 289.8111.
Any marihuana intended for medical use that meets all descriptions
and requirements for medical marihuana contained in the MMMA, MMFLA,
and the MTA and any other applicable law.
Public Act 281 of 2016, MCL 333.27101, et seq, as amended
from time-to-time.
Any facility, establishment and/or center that is required
to be licensed under this article and possesses a license or approval
to operate under the MMFLA, including: a medical marihuana provisioning
center, a medical marihuana grower facility; a medical marihuana processor
facility; a medical marihuana secure transporter; and a medical marihuana
safety compliance facility.
A commercial or business entity located in the City that
is licensed or approved to operate by the state pursuant to the MMFLA
and is licensed by the City pursuant to terms and conditions of this
article that cultivates, dries, trims or cures and packages marihuana
in accordance with state law, and is lawfully situated, and compliant
in an area zoned for medical marihuana facilities.
The state board established pursuant to the MMFLA.
A commercial or business entity located in the City that
is licensed or approved to operate by the state pursuant to the MMFLA
and is licensed by the City pursuant to the terms and conditions of
this article, that sells, supplies, or provides marihuana to registered
qualifying patients only as permitted by state law. Medical marihuana
provisioning center, as defined in the MMMA, MMFLA, and MTA, includes
any commercial property or business where marihuana is sold in conformance
with state law and regulation. A noncommercial or nonbusiness location
used by a primary caregiver to assist a qualifying patient, as defined
in the MMMA, MMFLA, or MTA connected to the caregiver through the
state's marihuana registration process in accordance with the MMMA,
MMFLA, or MTA is not a medical marihuana provisioning center for purposes
of this article, and is lawfully situated and compliant in an area
zoned for medical marihuana facilities, and is lawfully situated and
compliant in an area zoned for medical marihuana facilities.
MCL 333.26421, et seq., as amended from time-to-time.
This ordinance adopting Chapter 192.
An area of land designated by the City as a park on its master
plan or on a City approved list of City parks.
An individual, partnership, firm, company, corporation, association,
sole proprietorship, limited liability company, joint venture, estate,
trust, or other legal entity.
A commercial entity located in this City that is licensed
or approved to operate by the state pursuant to the MMFLA and is licensed
by the City pursuant to the terms and conditions of this article,
that extracts resin from the marihuana or creates a marihuana-infused
product, to the extent permitted by state law, and is lawfully situated
and compliant in an area zoned for medical marihuana facilities.
An outdoor facility, grouping, or concentration open to the
public and on public property and containing three or more apparatus,
including, but not limited to, slides, climbers, seesaws, and swings,
designed for the recreational use of children and owned and operated
by a local unit of government, school district, or other unit or agency
of government.
A building, room or other area under the control of the licensee
with access governed by the MMMA, the MMFLA, and MTA or other applicable
state law.
A commercial or business entity located in the City that
is licensed or approved to operate by the state pursuant to the MMFLA
and is licensed by the City pursuant to the terms and conditions of
this article, that receives marihuana from a medical marihuana facility
or a registered qualifying patient or a registered primary caregiver,
tests it for contaminants and for tetrahydrocannabinol and other cannabinoids
in accordance with state law, and is lawfully situated, and compliant
in an area zoned for medical marihuana facilities.
Includes buildings or grounds used for school purposes to
provide instruction to children and youth in grades pre-kindergarten
through 12, and head start when that instruction is provided by a
public, private, denominational, or parochial school.
A commercial or business entity that is licensed or approved
to operate by the State pursuant to the MMFLA and is licensed to operate
by the City pursuant to the terms and conditions of this article,
that stores marihuana and transports marihuana between medical marihuana
facilities for a fee and in accordance with state law, and is lawfully
situated and compliant in an area zoned for medical marihuana facilities,
and compliant in an area zoned for medical marihuana facilities.
With respect to a trust, the trustee and beneficiaries; with
respect to a limited liability company, the managers and members;
with respect to a corporation, whether profit or nonprofit, the officers,
directors, or shareholders; and with respect to a partnership or limited
liability partnership, the partners, both general and limited.
The State of Michigan.
G.
Any term defined by the MMMA, the MMFLA, or the MTA and not defined
in this article shall have the definition given in the MMMA, MMFLA,
or MTA, as applicable.
A.
Every medical marihuana facility in the City of Roseville shall be
licensed pursuant to the terms and provisions set forth in this article.
No person shall operate a medical marihuana facility in the City without
first obtaining a license for the medical marihuana facility from
the City Clerk. A medical marihuana facility operating without a license
under the provisions of this article or without a state license or
approval pursuant to the MMFLA, as amended from time-to-time, is hereby
declared to be a public nuisance.
B.
The term of each license for a proposed location shall be one year.
A license issued under this article for a proposed location may be
conditioned on the approval of the operator by the state pursuant
to the MMFLA at the location licensed under this article.
A.
Each medical marihuana facility must be licensed by the City. Applications
for a license shall be made in writing to the City through its website
or to the City Building Department. All applications submitted to
the City in accordance with the provisions of this article shall be
considered for the issuance of a license. An applicant may apply for
multiple medical marihuana facility licenses under this article of
the same or different nature simultaneously, each requiring a separate
application and application fee. Prior to submission of an application
to the City, an applicant shall have filed an initial prequalification
application with the Marihuana Regulatory Agency of the State of Michigan,
received approval of same, and provide proof of said approval, together
with the application filed with the State of Michigan to the City
with its application to the City.
[Amended 6-13-2023]
(1)
City Council via resolution shall set forth its policy to establish
time periods for filing and acceptance of applications, scoring criteria
matrix, and other procedures and processes for submission, review,
and awarding of licenses.
B.
A complete application for a license or licenses required by this
article shall be made under oath on forms provided by the City, and
submitted to the City through its website or to the City Building
Department, and shall contain all of the following:
[Amended 6-13-2023]
(1)
If the applicant is an individual, the applicant's name, date of
birth, physical address, email address, one or more telephone numbers,
including emergency contact information, and a copy of a government-issued
photo identification card of the applicant.
(2)
If the applicant is not an individual, the names, dates of birth,
physical addresses, email addresses, and one or more telephone 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, articles of incorporation or organization, internal
revenue service SS-4 EIN confirmation letter, and the operating agreement
or bylaws of the applicant, if a limited liability company.
(3)
The name and address of the proposed medical marihuana facility and
any additional contact information deemed necessary by the City.
(4)
The applicant and for each stakeholder and employee of the applicant,
affirmation that each is at least 18 years of age and has not been
convicted of or pled guilty or no contest to a felony or misdemeanor
involving narcotics, theft, fraud or an offense involving moral turpitude.
(5)
A signed release authorizing the City of Roseville's Police Department,
or its designee, to perform a criminal background check to ascertain
whether the applicant, each stakeholder of the applicant, each operator
and employee of the applicant meet the criteria set forth in this
article.
(6)
The name, date of birth, physical address, copy of photo identification,
and email address for any operator(s) or proposed employee(s) of the
facility located within the City, if other than the applicant. In
the event there is a change in the operator(s) and/or employee(s)
at the facility, the same information must be updated with the City.
[Amended 6-14-2022 by Ord. No. 1328]
(7)
An affirmation under oath as to whether the applicant or operator
has had a business license revoked or suspended, and if revoked or
suspended, then the reason for such revocation or suspension.
(8)
For the applicant and proposed operator(s) of the applicant, a resume
that includes whether the individual has any relevant experience with
marihuana or a related industry.
[Amended 6-14-2022 by Ord. No. 1328]
(10)
A description of drug and alcohol awareness programs that shall
be provided or arranged for by the applicant and made available for
the public.
(11)
A written description of the training and education that the
applicant will provide to all employees, and acknowledgment in writing
by the employee of receiving that training and education prior to
beginning employment.
(12)
A copy of the proposed business plan for the medical marihuana
facility, including, but not limited to, the following:
(a)
The proposed ownership structure of the medical marihuana facility,
including percentage ownership of each person or entity;
(b)
Planned worker training programs;
(c)
Financial structure and financing of the proposed medical marihuana
facility(s);
(d)
Short-term and long-term goals and objectives consistent with
this article;
(e)
If any co-location of facilities is proposed, provide an explanation
of the integration of such facilities, including a drawing showing
the relationship between the facilities being co-located, including
square footages and the separation provided between such facilities,
including identification of any points of entry, ingress or egress,
and controls at each locations;
(f)
Community outreach/education plans and strategies; and
(g)
Charitable plans and strategies, whether fiscally or through
volunteer work.
(13)
One of the following:
(14)
A description of the security plan for the medical marihuana
facility, including, but not limited to, any lighting, alarms, barriers,
fencing, recording/monitoring devices, and/or security guard arrangements
proposed for the medical marihuana facility and premises. The security
plan must contain the specification details of each piece of security
equipment. Each medical marihuana facility must have a security guard
present during business hours or alternative security procedures shall
be proposed in the business plan.
(15)
A scaled floor plan of the medical marihuana facility, as well
as a scale diagram illustrating the property upon which the medical
marihuana facility is to be operated, including all available parking
spaces, and specifying which parking spaces, if any, are handicapped-accessible.
(16)
Any proposed elevation drawings, photographs or other materials
to be shown on the exterior of the proposed medical marihuana facility.
(17)
A scaled location area map of the medical marihuana facility
and surrounding area identifying the relative locations and distances
to surrounding property boundaries and buildings as measured pursuant
to the buffering sections of this ordinance, noting all establishments
with specific buffing requirements, i.e., schools.
(18)
A facility sanitation plan to protect against any marihuana
being ingested by any person or animal, indicating how the waste will
be stored and disposed of, and how any marihuana will be rendered
unusable upon disposal. Disposal by on-site burning or introduction
in the sewerage system is prohibited.
(19)
If applicable, a proposed patient recordkeeping plan that will
track quantities sold to individual patients and caregivers, and will
monitor inventory.
(20)
A description of procedures for testing of contaminants, including
mold and pesticides.
(21)
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, fee or other financial
obligation to the City, nor in violation of any City ordinances.
(22)
Verification, including copies of actual financial statements,
including bank or investment statements, showing that the applicant
has minimum net worth of $500,000 in the applicant's name.
(23)
An estimate of the number and type of jobs that the medical
marihuana facility is expected to create, the amount and type of compensation
expected to be paid for such jobs, and the projected annual budget
and revenue of the medical marihuana facility.
(24)
A signed acknowledgment 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 and federal laws, rules, and
regulations, and that the approval or granting of a license 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 officials,
members, partners, shareholders, employees and agent 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
of Roseville, its elected and appointed officials, employees, attorneys,
and agents.
(25)
As it relates to a medical marihuana grower facility, the following
additional items shall be required:
(a)
A cultivation plan that includes, at a minimum, a description
of the cultivation methods to be used, including plans for the growing
mediums, treatments, and/or additives;
(b)
A production testing plan that includes, at a minimum, a description
of how and when samples for laboratory testing by an international
organization for standardization accredited testing facility will
be selected, what type of testing will be requested, and how the test
results will be used;
(c)
An affidavit that all operations will be conducted in conformance
with the MMMA, the MMFLA, MTA and other applicable state law;
(d)
Chemical and pesticide storage plan that states the names of
the pesticides to be used in cultivation and where and how pesticides
and chemicals will be stored in the medical marihuana facility, along
with a plan for the disposal of unused pesticides; and
(e)
All activity related to the medical marihuana facility shall
be done indoors.
(26)
Proof of an insurance policy covering the medical marihuana
facility and naming the City, its elected and appointed officials,
employees, and agents, as additional insured parties, primary and
noncontributory 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 $2,000,000 for property damage;
(b)
At least $2,000,000 for injury to one person; and
(c)
At least $2,000,000 for injury to two or more people 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.
(27)
Proof of a surety bond in the amount of $50,000 with the City
of Roseville listed as the obligee to guarantee 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,
creation of an escrow account as follows:
(a)
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
(b)
The account must be for the benefit of the City to guarantee
performance by licensee in compliance with this article and applicable
law; and
(c)
The account must be in the amount of $20,000 and in a form prescribed
by the City Attorney.
(28)
An affirmation by the applicant that the applicant, nor any
stakeholder of applicant is an elected official, employee, contractor
or vendor of the City.
(29)
Any other information which may be required by the City Council
from time-to-time.
C.
All applications shall be accompanied by a license application fee
in an amount of $5,000. Ten percent of the application fee shall be
allocated for public education, awareness and/or safety related to
use of marihuana and other controlled substances.
D.
Upon receipt of a completed application meeting the requirements
of this ordinance and the appropriate license application fee, the
City Clerk shall refer a copy of the application to each of the following
for their approval the: Fire Department, Building Department, Police
Department and City Treasurer.
E.
No application is eligible to potentially be approved, unless:
(1)
The Fire Department, the Building Department and any others deemed
to be necessary have inspected the proposed location for compliance
with all laws for which they are charged with enforcement and for
compliance with the requirements of this article.
(2)
The Building Department has confirmed that the proposed location
complies with the zoning code and this article.
(3)
The City Treasurer has confirmed that the applicant and each stakeholder
of the applicant and the proposed location of the medical marihuana
facility are not in default to the City.
(4)
The Police Department, or its designee, has determined that the applicant
has met the requirements of this article with respect to the background
check and security plan.
A.
The City Council, itself, and/or with the assistance of designees
shall assess and evaluate all applications submitted according to
the provisions of this article. Incomplete applications shall not
be accepted for assessment. If, during or following assessment, such
application is found to be incomplete, it shall not be eligible for
further consideration until complete. Criteria shall include, but
not be limited to the following:
(1)
The content and sufficiency of the information contained in the application.
(2)
Whether the proposed medical marihuana facility will be consistent
with land use for the surrounding neighborhood and not have a detrimental
effect on traffic patterns and resident safety.
(3)
Planned outreach on behalf of the proposed medical marihuana facility,
and whether the applicant or its stakeholders have made, or plan to
make, significant physical improvements to the building housing the
medical marihuana facility, including plans to eliminate or minimize
traffic, noise, and odor effects on the surrounding neighborhood.
(4)
Whether the applicant or any of its stakeholders have a record of
acts detrimental to the public health, security, safety, morals, good
order, or general welfare prior to the date of the application; whether
the applicant or any of its stakeholders have previously operated
an illegal business of any kind.
(5)
Whether the applicant has reasonably and tangibly demonstrated it
possesses sufficient financial resources to fund, and the requisite
business experience to execute, the submitted business plan and other
plans.
(6)
Whether the proposed location within the City in relation to its
proximity to other locations for medical marihuana facilities represents
a reasonable and harmonious dispersion of medical marihuana facilities
within the City.
(7)
Whether the size and nature of the use in relationship to previously
approved and issued permits and medical marihuana facilities is reasonable.
(8)
Whether the business experience of the applicant previously within
the City and elsewhere demonstrates that the applicant has sufficient
experience and requisite business experience in the operation of the
proposed medical marihuana facility.
(9)
Whether the applicant is proposing one of the following, and points
shall be assigned as set forth in the scoring criteria:
[Added 6-14-2022 by Ord.
No. 1328]
(a)
Construction of a new building on vacant land; or
(b)
Complete rehabilitation of an existing building (such as demolition
and rebuild or complete renovation) that is a public nuisance or is
considered blight. Describe the cost, conditions and provision of
plans; or
(c)
Occupying a structure in good condition as currently unoccupied;
or
(d)
Occupying a structure in good condition that is currently occupied.
B.
Based upon testimony, written and oral comments from the public,
planning board review, maps, historical data, and public hearings,
the City Council finds and determines that it is in the public interest
and serves a public purpose that the maximum number of licenses issued
for medical marihuana provisioning centers shall be capped at zero;
medical marihuana growing facility capped at five; processing centers
capped at five; for safety compliance facilities capped at five; and
marihuana secured transporters capped at five.
C.
Nothing in this section is intended to confer a property or other
right, duty, privilege or interest in a license of any kind or nature
whatsoever including, but not limited to, any claim of entitlement.
D.
The City Council in its sole discretion may engage professional expert
assistance in performing any of the duties and responsibilities under
the article.
E.
The City shall at least once a year advertise and receive applications
for any available permits over a forty-five-day period. At the end
of the forty-five-day period, all properly submitted and complete
applications shall be subject to examination and review by the City.
The City may elect to issue or not issue licenses for any of the permitted
uses or issue licenses in any combination thereof, but in no instance
shall issue more licenses than are permitted pursuant to the terms
of this article. If an applicant is not selected, the applicant may
choose to have its application considered further, in the next round
of submittals. The applicant shall pay an application review and update
fee, and shall properly submit whatever necessary materials are required
in order to update its application. The fee for further consideration
on a previously submitted application, regardless of the amount of
required updating, shall be 25% of the application fee amount for
an original application.
A.
The City of Roseville limits the issuance of medical marihuana facility
permits up to the following of each:
B.
The City of Roseville retains the absolute discretionary right to
amend or modify this ordinance to expand or decrease the number of
allowable and permitted sites and structures for medical marihuana
facilities.
All applications and updates submitted shall be valid up to
a maximum of five years from the date of filing. No preference for
approval shall be based upon the date of filing or the length of time
on file for any application. Submittal of an application establishes
no property right or entitlement to issuance of any permit under the
ordinance.
An applicant may but is not required to submit additional information
in order to update or supplement an application. A fee of one quarter
of the original application fee shall be required at the time of submission
of such information. Such additional information shall not be permitted
which changes the ownership of the proposed medical marihuana facility
or the location of the site for the proposed medical marihuana facility.
A.
Application for a license renewal required by this article shall
be made in writing to the City Clerk at least 30 days prior to the
expiration of an existing license.
B.
An application for a license renewal required by this article shall
be made under oath on forms provided by the City, and shall contain
all of the information required by this article.
C.
An application for a license renewal shall be accompanied by a renewal
fee in an amount of $5,000 which half will be returned should the
license not be renewed. The renewal fee is established to defray the
costs of the administration of this article. Ten percent of the renewal
application fee shall be allocated for public education, awareness
and/or safety related to use of marihuana and other controlled substances.
D.
Upon receipt of a completed application for a license renewal meeting
the requirements of this article and the license renewal fee, the
City Clerk shall refer a copy of the renewal application to each of
the following for their approval the: Fire Department, Building Department,
Police Department and City Treasurer.
E.
No application for a license renewal shall be approved unless:
(1)
The Fire Department and Building Department have inspected the proposed
location for compliance with all laws for which they are charged with
enforcement within the past calendar year; and
(2)
The Building Department has confirmed that the location complies
with the zoning code and this article, at the time a license is granted;
and
(3)
The City Treasurer has confirmed that the applicant and each stakeholder
of the applicant and the location of the medical marihuana facility
are not currently in default to the City; and
(4)
The Police Department, or its designee, has reviewed the application
and determined that the applicant has satisfied the requirements of
this article with respect to the background check and security plan;
and
(5)
The applicant possesses the necessary state licenses or approvals,
including those issued pursuant to the MMFLA; and
(6)
The applicant has operated the medical marihuana facility in accordance
with the conditions and requirements of this article; and
(7)
The medical marihuana facility has not been declared a public nuisance;
and
(8)
The applicant is operating the medical marihuana facility in accordance
with state and local laws and regulations.
F.
If written approval is given by each individual, department, or entity identified in Subsection E, and the renewal application is found to be compliant with the additional required provisions of this ordinance by the City Clerk, the City Clerk shall issue a renewal license to the applicant. If no renewal license is issued, half of the renewal fee shall be returned. The renewal shall be deemed approved if the City has not issued formal notice of denial within 60 days of the filing date of the application, unless the applicant is advised of non-compliance with this ordinance or incompleteness of information or any required inspection during such period.
A.
To the extent permissible under law, all information submitted in
conjunction with an Application for a license or license 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.
(1)
Furthermore, no personal or medical information concerning the applicant
shall be submitted to the Medical Marihuana Commission.
B.
Licensees may transfer a license issued under this article to a different
individual or entity upon receiving written approval by the City Clerk.
In order to request approval to transfer a license to a different
individual or entity, the licensee must make a written request to
the City Clerk, indicating the current licensee and the proposed licensee.
Upon receiving the written request, the City Clerk shall consider
the request as a new application for a license and the procedures
set forth in this ordinance. The transferee shall stand in the place
and stead of the transferor so long as it meets the requirements of
this ordinance.
C.
Licensees shall report any other change in the information required
by this article to the City Clerk within 10 business days of the change.
Failure to do so may result in suspension or revocation of the license.
D.
Any license application approved pursuant to this article shall not
be effective, and no medical marihuana facility may operate, unless
the medical marihuana facility is operated pursuant to a license or
approval issued under the MMFLA and the site of the proposed use and
proposed structure for the medical marihuana facility is properly
zoned for such medical marihuana facility under the applicable zoning
ordinance.
Except as may be preempted by state law or regulation, the following
minimum standards apply for medical marihuana provisioning centers:
A.
The entire parcel upon which the medical marihuana facility is to
be situated must be properly situated and zoned for medical marihuana
facility zoning and the medical marihuana provisioning center must
be located in a building as defined under § 192-6F(5).
B.
No medical marihuana provisioning center shall be open between the
hours of 9:00 p.m. and 7:00 a.m.
C.
Consumption of marihuana shall be prohibited on the premises of a
medical marihuana facility.
D.
In addition to security requirements pursuant to state laws and regulations
and any other applicable City ordinances, the medical marihuana facility
shall continuously monitor the entire premises, interior and exterior,
with surveillance systems that include high definition security cameras
with 1080p quality, operating 24 hours a day, seven days a week. A
direct closed circuit feed of the exterior security cameras for immediate
access by the Police Department shall be provided by the licensee
and all cost associated with same, including any upgrades necessary
to the information/security systems of the Police Department shall
be the licensees' responsibility. All video recordings shall be maintained
in a secure, off-site location for a period of one year.
E.
Unless permitted by the MMFLA, public or common areas of the medical
marihuana provisioning center must be separated from restricted or
nonpublic areas of the medical marihuana provisioning center by a
permanently locked barrier. Unless permitted by the MMFLA, no medical
marihuana is permitted to be stored, displayed, or transferred in
an area accessible to the general public.
F.
All medical marihuana storage areas within medical marihuana provisioning
center must be separated from any customer/patient areas by a permanent
barrier. Unless permitted by the MMFLA, no medical marihuana is permitted
to be stored in an area accessible by the general public or registered
customers/patients. Medical marihuana may be displayed in a sales
area only if permitted by the MMFLA. The medical marihuana facility
shall be at all times locked, including all interior rooms, all windows,
and points of entry and exits with commercial grade nonresidential
locks and an alarm system monitored. Marihuana shall not be permitted
to be stored in trailers or sheds or other accessory structures to
the principal building.
G.
A locking safe permanently affixed to the permitted premises that
shall store any processed marihuana and all cash remaining in the
medical marihuana facility overnight shall be used. For medical marihuana-infused
products that must be kept refrigerated or frozen, the medical marihuana
facility may lock the refrigerated container or freezer in a manner
authorized by the City in place of the use of a safe so long as the
container is affixed to the building structure.
H.
Drive-thru windows on the premises of a medical marihuana provisioning
center shall be prohibited.
I.
No medical marihuana facility shall be operated in a manner creating
noise, dust, vibration, glare, fumes, or odors detectable to normal
senses beyond the boundaries of the property on which the medical
marihuana provisioning center is operated; or any other nuisance that
hinders the public health, safety and welfare of the residents of
the City of Roseville.
J.
The license required by this article shall be prominently displayed
on the premises of a medical marihuana provisioning center.
K.
All disposal systems for spent water and spent soil shall be approved
by the City.
L.
All medical marihuana delivered to a patient shall be packaged and
labeled as provided by state law and this article. The label shall
include:
(1)
A unique alphanumeric identifier for the person to whom it is being
delivered.
(2)
A unique alphanumeric identifier for the cultivation source of the
marihuana.
(3)
That the package contains marihuana.
(4)
The date of delivery, weight, type of marihuana and dollar amount
or other consideration being exchanged in the transaction.
(5)
A certification that all marihuana in any form contained in the package
was cultivated, manufactured, and packaged in the State of Michigan.
(7)
The name, address, email address, and telephone number of an authorized
representative of the medical marihuana provisioning center whom a
patient can contact with any questions regarding the product.
M.
A licensee shall require all registered patients present both their
michigan medical marihuana patient/caregiver ID card and state identification
prior to entering restricted/limited areas or non-public areas of
the medical marihuana provisioning center, and if no restricted/limited
area is required, then promptly upon entering the medical marihuana
provisioning center. At all times the medical marihuana facility is
available and open to the public a security guard shall be furnished.
The training, criminal history and summary of civil litigation involving
any such security guard shall be kept on file and made available to
the City immediately upon request.
N.
The premises shall be open for inspection during the stated hours
of operation and as such other times as anyone is present on the premises.
O.
Exterior signage shall comply with Chapter 264 of the City of Roseville Code of Ordinances. No sign shall contain the words "marihuana," "marijuana," "weed," "cannabis," "dank," "420," "pot," "grass," "ganga," "mary jane," or any other term referencing marihuana, nor shall any sign contain marihuana leaves, marihuana-related imagery, green crosses, or other words or images intended to evoke the presence of marihuana. Additional advertising, including but not limited to vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited on the premises.
P.
It shall be prohibited to use advertising material that is misleading,
deceptive, or false, or that is designed to appeal to minors.
Q.
Compliance with rules issued by the Department of Licensing and Regulatory
Affairs Bureau of Medical Marihuana Regulation shall be fully complied
with and any violation of such rules shall be deemed a violation of
this ordinance.
R.
Certified laboratory testing results that display at a minimum the
tetrahydrocannabinol ("THC"), cannabidiol ("CBD"), total cannabinoid
testing results, and a pass/fail rating based on the certified laboratory's
state-required testing must be available to all medical marihuana
provisioning center patients/customers upon request and prominently
displayed compliant with state law.
A.
Except as may be preempted by state law or regulation, the following
minimum standards for medical marihuana grower facilities shall apply:
(1)
The medical marihuana grower facility shall comply at all times and
in all circumstances with the MMFLA, the MTA, and the general rules
of the department of licensing and regulatory affairs, or their successors,
as they may be amended from time-to-time.
(2)
Consumption and use of medical marihuana by persons, whether employees
or otherwise, shall be prohibited at a grower facility.
(3)
All activity related to the grower facility shall be done indoors.
(4)
The premises shall be open for inspection during the stated hours
of operation and as such other times as anyone is present on the premises.
(5)
All medical marihuana shall be contained within a locked medical
marihuana facility, including all interior doors, all windows and
points of entry and exits with commercial grade nonresidential locks
and with a monitored alarm system. Marihuana shall not be permitted
to be stored in trailers, sheds, or other accessory structures to
the principal building. Storage shall further be in accordance with
the Michigan Medical Marihuana Facilities Licensing Act[1] and promulgated rules as amended.
[1]
Editor's Note: See MCL § 333.27101 et seq.
(6)
All necessary building, electrical, plumbing and mechanical permits
shall be obtained from the City of Roseville or other applicable government
authority for any portion of the structure in which electrical wiring,
lighting and/or watering devices that support the cultivation, growing
or harvesting of marihuana are located.
(7)
That portion of the structure where any chemicals such as herbicides,
pesticides, and fertilizers are stored shall be subject to inspection
and approval by the City of Roseville Fire Department to insure compliance
with the Michigan Fire Codes.
(8)
Co-locations of a growing facility with another marihuana use permitted
shall be allowed compliant with state law, provided medical marihuana
provisioning centers uses and growing uses are maintained separate
and activity allowed in either one is not performed in the other.
(9)
No accessory uses other than uses regulated pursuant to this ordinance
shall be permitted within the same building occupied by a use permitted
under this ordinance.
(10)
All persons working in direct contact with medical marihuana
shall conform to hygienic practices while on duty, including but not
limited to:
(a)
Maintaining adequate personal cleanliness;
(b)
Washing hands thoroughly in adequate hand-washing areas before
starting work and at any other time when the hands may have become
soiled or contaminated; and
(c)
Refraining from having direct contact with medical marihuana
if the person has or may have an illness, open lesion, including boils,
sores or infected wounds, or any other abnormal source of microbial
contamination, until the condition is corrected.
(11)
Litter and waste shall be properly removed and the operating
systems for waste disposal are maintained in an adequate manner so
that they do not constitute a source of contamination in areas where
medical marihuana is exposed. All disposal systems for spent water
and spent soil shall be approved by the City and byproduct materials,
soils, plant materials, and other materials shall be stored indoors
until pickup for disposal.
(12)
Floors, walls, and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(13)
There shall be adequate screening or other protection against
the entry of pests. Rubbish shall be disposed of so as to minimize
the development of odor and minimize the potential for waste development
and minimize the potential for waste becoming an attractant, harborage
or breeding place for pests.
(14)
Any buildings, fixtures and other facilities shall be maintained
in a sanitary condition.
(15)
Each facility shall provide its occupants with adequate and
readily accessible toilet facilities that are maintained in a sanitary
condition and good repair.
(16)
Medical marihuana that can support the rapid growth of undesirable
microorganisms shall be held in a manner that prevents the growth
of these microorganisms.
(17)
Medical marihuana grower facilities shall be free from infestation
by insects, rodents, birds or vermin of any kind.
(18)
Medical marihuana grower facilities shall produce no products
other than useable medical marihuana intended for human consumption.
B.
In furtherance of the public health, safety, and welfare, exterior
signage or advertising identifying the medical marihuana facility
as a medical marihuana grower facility shall be prohibited.
C.
Venting of marihuana odors into the areas surrounding the medical
marihuana grower facility is expressly prohibited and is deemed and
declared to be a public nuisance.
D.
The entire parcel upon which the medical marihuana facility is to be situated must be properly situated and zoned for medical marihuana facility zoning and the medical marihuana provisioning center must be located in a building as defined under § 192-6F.
E.
In addition to security requirements pursuant to state laws and regulations
and any other applicable City ordinances, the medical marihuana facility
shall continuously monitor the entire premises, interior and exterior,
with surveillance systems that include security cameras operating
24 hours a day, seven days a week. A direct closed circuit feed of
the exterior security cameras for immediate access by the Police Department
shall be provided by the licensee and all cost associated with same,
including any upgrades necessary to the information/security systems
of the Police Department shall be the licensees' responsibility. All
video recordings shall be maintained in a secure, off-site location
for a period of one year.
A.
Except as may be preempted by state law or regulation, the following
minimum standards for safety compliance facilities shall apply:
(1)
The safety compliance facility shall comply at all times and in all
circumstances with the MMFLA, the MTA, and the general rules of the
Medical Marihuana Licensing Board as they may be amended from time-to-time.
(2)
Except as provided by state law consumption and/or use of medical
marihuana shall be prohibited at the medical marihuana facility.
(3)
The premises shall be open for inspection during the stated hours
of operation and as such other times as anyone is present on the premises.
(4)
Any safety compliance facility shall maintain a log book and/or database
identifying by date the amount of medical marihuana on the premises
and from which particular source. The medical marihuana facility shall
maintain the confidentiality of qualifying patients in compliance
with the Michigan Medical Marihuana Act,[1] as amended from time-to-time.
[1]
Editor's Note: See MCL 333.26421 et seq.
(5)
All medical marihuana shall be contained within the building in an
enclosed, locked medical marihuana facility in accordance with the
MMFLA, and the MTA, and the rules and regulations of the Medical Marihuana
Licensing Board, as amended from time-to-time.
(6)
There shall be no other accessory uses permitted within the same
medical marihuana facility other than those associated with testing
medical marihuana.
(7)
All persons working in direct contact with medical marihuana shall
conform to hygienic practices while on duty; training programs shall
be developed and implemented for all employees on recognized safe
health practices in a safety compliance facility.
(8)
Litter and waste shall be properly removed and the operating systems
for waste disposal are maintained in an adequate manner so that they
do not constitute a source of contamination in areas where medical
marihuana is exposed.
(9)
Floors, walls and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(10)
Any buildings, fixtures and other facilities shall be maintained
in a sanitary condition.
(11)
Medical marihuana that can support the rapid growth of undesirable
microorganisms shall be held in a manner that prevents the growth
of these microorganisms.
B.
Exterior signage comply with Chapter 264 of the City of Roseville Code of Ordinances. No signs shall contain the words "marihuana," "marijuana," "weed," "cannabis," "dank," "420," "pot," "grass," "ganga," "mary jane," or any other term referencing marihuana, nor shall any sign contain marihuana leaves, marihuana-related imagery, green crosses, or other words or images intended to evoke the presence of marihuana. Additional advertising, including but not limited to vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited on the premises.
C.
The entire parcel upon which the medical marihuana facility is to be situated must be properly situated and zoned for medical marihuana facility zoning and the medical marihuana provisioning center must be located in a building as defined under § 192-6F.
D.
In addition to security requirements pursuant to state laws and regulations
and any other applicable City ordinances, the medical marihuana facility
shall continuously monitor the entire premises, interior and exterior,
with surveillance systems that include security cameras operating
24 hours a day, seven days a week. A direct closed circuit feed of
the exterior security cameras for immediate access by the Police Department
shall be provided by the licensee and all cost associated with same,
including any upgrades necessary to the information/security systems
of the Police Department shall be the licensees' responsibility. All
video recordings shall be maintained in a secure, off-site location
for a period of one year.
A.
Except as may be preempted by state law or regulation, the following
minimum standards for a medical marihuana processor facility and a
medical marihuana secure transporter shall apply:
(1)
The processor and secure transporter shall comply at all times and
in all circumstances with the MMFLA, MTA and the general rules of
the Medical Marihuana Licensing Board and the department of licensing
and regulatory affairs, or their successors, as the foregoing laws
and regulations may be amended from time-to-time.
(2)
Consumption and/or use of medical marihuana shall be prohibited at
the processor or secure transporter facility.
(3)
All activity related to the processor shall be performed indoors
in a building.
(4)
The premises shall be open for inspection during the stated hours
of operation and as such other times as anyone is present on the premises.
(5)
Any processor and/or secure transporter facility shall maintain a
log book and/or database in accordance with the MMFLA, the MTA and
the rules and regulations of the Medical Marihuana Licensing Board
identifying by date the amount of medical marihuana on the premises
which shall not exceed the amount permitted under the processor license
issued by the State of Michigan, to the extent a state permit process
exists. This log shall be available to law enforcement personnel to
confirm that the processor does not have more medical marihuana than
authorized at the location and shall not be used to disclose more
information than is reasonably necessary to verify the lawful amount
of medical marihuana at the medical marihuana facility.
(6)
All medical marijuana will be tagged and identified in accordance
with the MMFLA, MTA and the rules and regulations of the Medical Marihuana
Licensing Board, as amended from time-to-time.
(7)
All medical marihuana shall be contained within the building in a
locked medical marihuana facility in accordance with the MMFLA, MTA
and the rules and regulations of the Medical Marihuana Licensing Board,
as amended from time-to-time.
(8)
All necessary building, electrical, plumbing and mechanical permits
shall be obtained for any portion of the structure in which electrical
wiring for devices that support the processing or secure transporting
of medical marihuana are located.
(9)
That portion of the structure where the storage of any chemicals
exist shall be subject to inspection and approval by the City of Roseville
Fire Department to insure compliance with the Michigan Fire Protection
Code.
(10)
The dispensing of medical marihuana at the medical marihuana
processor or secure transporter facility shall be prohibited except
as authorized by state law.
(11)
There shall be no other accessory uses permitted within the
same medical marihuana facility other than those associated with the
processing. Multitenant commercial buildings may permit accessory
uses in suites segregated from the processor facility.
(12)
All persons working in direct contact with medical marihuana
shall conform to hygienic practices while on duty, including but not
limited to:
(a)
Maintaining adequate personal cleanliness;
(b)
Washing hands thoroughly in adequate hand-washing areas before
starting work and at any other time when the hands may have become
soiled or contaminated; and
(c)
Refraining from having direct contact with medical marihuana
if the person has or may have an illness, open lesion, including boils,
sores or infected wounds, or any other abnormal source of microbial
contamination, until the condition is corrected.
(13)
Litter and waste shall be properly removed and the operating
systems for waste disposal are maintained in an adequate manner so
that they do not constitute a source of contamination in areas where
medical marihuana is exposed.
(14)
Floors, walls, and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair.
(15)
There shall be adequate screening or other protection against
the entry of pests. Rubbish shall be disposed of so as to minimize
the development of odor and minimize the potential for the waste development
of odor and minimize the potential for waste becoming an attractant,
harborage or breeding places for pests.
(16)
Any buildings, fixtures and other facilities shall be maintained
in a sanitary condition.
(17)
Each medical marihuana processor facility shall provide its
occupants with adequate and readily accessible toilet facilities that
are maintained in a sanitary condition and good repair.
(18)
Medical marihuana that can support the rapid growth of undesirable
microorganisms shall be held in a manner that prevents the growth
of these microorganisms.
(19)
Processor facilities shall be free from infestation by insects,
rodents, birds, or vermin or any kind.
(20)
Processor facilities shall produce only those marihuana infused
products as permitted under the MMFLA and the rules promulgated thereunder.
(21)
All medical marihuana processors shall be certified and accredited
pursuant to state laws or rules with regard to any product safety
impurity, and provide verification of same.
(22)
The processor shall pay for and complete an annual audit using
an accredited third party auditor recognized under whatever food safety
system the processor is accredited under.
(a)
A copy of the audit report shall be provided to the City by
the auditor within 10 days of the audit completion. In the event there
are deficiencies identified by the auditor, the processor shall submit
to the City a corrective action plan to address the deficiencies.
All deficiencies shall be addressed within 30 days of submittal of
the initial deficiency report.
B.
Exterior signage comply with Chapter 264 of the City of Roseville Code of Ordinances. No signs shall contain the words "marihuana," "marijuana," "weed," "cannabis," "dank," "420," "pot," "grass," "ganga," "mary jane," or any other term referencing marihuana, nor shall any sign contain marihuana leaves, marihuana related imagery, green crosses, or other words or images intended to evoke the presence of marihuana. Additional advertising, including but not limited to vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited on the premises.
C.
The entire parcel upon which the medical marihuana facility is to be situated must be properly situated and zoned for medical marihuana facility zoning and the medical marihuana provisioning center must be located in a building as defined under § 192-6F.
D.
In addition to security requirements pursuant to state laws and regulations
and any other applicable City ordinances, the medical marihuana facility
shall continuously monitor the entire premises, interior and exterior,
with surveillance systems that include security cameras operating
24 hours a day, seven days a week. A direct closed circuit feed of
the exterior security cameras for immediate access by the Police Department
shall be provided by the licensee and all cost associated with same,
including any upgrades necessary to the information/security systems
of the Police Department shall be the licensees' responsibility. All
video recordings shall be maintained in a secure, off-site location
for a period of one year.
A.
The entire parcel upon which the medical marihuana facility is to
be situated must be fully compliant with the ordinance applicable
to medical marihuana facilities and other City Zoning Ordinances.
B.
The parcel upon which the medical marihuana facility is to be situated
must be entirely within the boundaries of the proper zoning district
and must be at least 1,000 feet away from:
(1)
A public or private pre-kindergarten, elementary or secondary school;
(2)
A public park with playground equipment;
(3)
A commercial child care organization (nonhome occupation) that is
required to be licensed or registered with the Michigan Department
of Health and Human Services, or its successor agency;
(4)
A religious institution that is defined as tax exempt by the City
Assessing Department;
(5)
A medical marihuana facility in which substance abuse prevention
services, substance abuse treatment, or substance abuse rehabilitation
services are provided as those terms are defined in MCLA 333.6101
et seq, as amended.
C.
Be at least 500 feet away from single-family residentially zoned
property and 400 feet away from multiple-family residentially zoned
property.
D.
Shall not be located within the same building or unit occupied by
any other type of business, unless co-located compliant with the MMFLA
and other medical marihuana facility use.
E.
No medical marihuana facility shall be located in an unzoned area
or in an area subject to an agreement entered into pursuant to Public
Act 425 of 1984.
F.
For purposes of calculating the buffering and dispersion requirements,
the distance shall be measured from the nearest property line of the
buffered use to the building footprint of the medical marihuana facility.
The distance from the buffered use nearest property line to the building
footprint of the medical marihuana facility shall be included in the
permit application.
[Amended 10-13-2020 by Ord. No. 1320]
G.
A grower, processor, or provision center may co-locate their medical
marihuana facility within the same building or parcel if compliant
with state law. Each type of medical marihuana facility, subject to
licenses, requires separate City applications and permits pursuant
to this article.
A.
Any license issued under this article may be revoked or suspended
by the City Clerk after an administrative hearing if the City Clerk
finds and determines that grounds for revocation or suspension exist.
Any grounds for revocation or suspension must be provided to the licensee
at least 10 days prior to the date of the hearing by first class mail
to the address given on the license application or any address provided
to the City Clerk in writing subsequent to the filing of an application.
B.
A license applied for or issued under this article may be denied,
revoked or suspended on any of the following bases:
(1)
A violation of any provision of this article, including, but not
limited to, the failure to provide the information required by this
article; or
(2)
Any conviction of a felony or any misdemeanor involving controlled
substances, theft or dishonesty by the licensee, stakeholder, or any
person holding an ownership interest in the license; or
(3)
Commission of fraud or misrepresentation or the making of a false
statement by the applicant, licensee, or any stakeholder of the applicant
or licensee while engaging in any activity for which this article
requires a license; or
(4)
Failure to obtain or maintain a license or renewed license from the
City Clerk pursuant to this article; or
(5)
Failure of the licensee or the medical marihuana facility to obtain
or maintain a license or approval from the state pursuant to the MMFLA;
or
(6)
The medical marihuana facility 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; or
(7)
Any default in the payment of any charges, taxes, or fees, to the
City if not cured upon 45 days following notice sent by electronic
means or mail to the address of the medical marihuana facility; or
(8)
Violation of any state law applicable to medical marihuana facilities,
including statutes or rules as adopted or approved by the City.
C.
Appeal of denial of an application, or revocation or suspension of
a license: the City Clerk shall notify an applicant of the reason(s)
for denial of an application for a license or license renewal or for
revocation or suspension of a license or any adverse decision under
this article and provide the applicant with the opportunity to be
heard. Any applicant aggrieved by the denial or revocation or suspension
of a license or adverse decision under this article may appeal to
the City Council, who shall appoint a hearing officer or officers
to hear and evaluate the appeal and make a recommendation to the Clerk.
Such appeal shall be taken by filing with the City Clerk, within 14
days after notice of the action complained of has been mailed to the
applicant's last known address on the records of the City Clerk, a
written statement setting forth fully the grounds for the appeal.
The City Council shall review the report and recommendation of the
hearing officer and make a decision on the matter.
A.
The City of Roseville may require an applicant or licensee of a medical
marihuana facility 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 license revocation.
B.
Any person in violation of any provision of this article, including
the operation of a medical marihuana facility without a license issued
pursuant to this article shall be subject to a civil fine and costs.
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 medical marihuana facility within any twenty-four-month period.
Unless otherwise specifically provided in this article, the penalty
schedule is as follows:
C.
All fines imposed under this article shall be paid within 45 days
after the effective date of the order imposing the fine or as otherwise
specified in the order.
D.
The Clerk may temporarily suspend a medical marihuana facility license
without a prior hearing if the Mayor finds that public safety or welfare
requires emergency action affecting the public health, safety, or
welfare. The Clerk shall cause the temporary suspension by issuing
a suspension notice in connection with institution of proceedings
for notice and a hearing.
E.
If the Clerk temporarily suspends a license without a prior hearing,
the licensee is entitled to a hearing within 30 days after the suspension
notice has been served on the licensee or posted on the licensed premises.
In the case of a license issued for a medical marihuana grower facility,
the hearing shall be held within seven days after the notice has been
served on the licensee or posted on the premises of the licensed medical
marihuana facility. The hearing shall be limited to the issues cited
in the suspension notice.
F.
If the Clerk does not hold a hearing within 30 days after the date
the suspension was served on the licensee or posted on the licensed
premises, or in the case of a grower facility within seven days, then
the suspended license shall be automatically reinstated and the suspension
vacated.
G.
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.
A property owner lessor, license applicant, or licensee shall
not have vested rights or nonconforming use rights that would serve
as a basis for failing to comply with this article or any amendment
of this article, nor any property interest in any permit application
or issued permit.
