[Added 12-25-2019 by Ord.
No. 258; amended 7-13-2020 by Ord. No. 263]
A.
Purpose. The purpose of this article is to implement the provisions
of Public Act 281 of 2016, being the Michigan Medical Marihuana Facilities
Licensing Act (MMFLA),[1] and 2018 Initiated Law No. 1, being the Michigan Regulation
and Taxation of Marihuana Act,[2] so as to protect the public health, safety, and welfare
of residents of the Village by setting forth the manner in which marihuana
commercial businesses can be operated in the Village. Further, the
purpose of this article is to:
(1)
Authorize the establishment of marihuana businesses within the
Village and provide standards and procedures for the review, issuance,
renewal, and revocation of Village-issued permits for such businesses;
(2)
Impose fees to defray and recover the cost to the Village of
the administrative and enforcement costs associated with marihuana
businesses;
(3)
Coordinate with state laws and regulations addressing marihuana
businesses.
B.
Legislative intent. This article authorizes the establishment of
marihuana businesses within the Village of Cassopolis consistent with
the provisions of the Michigan Medical Marihuana Facilities Licensing
Act and the Michigan Regulation and Taxation of Marihuana Act, subject
to the following:
(1)
Use, distribution, cultivation, production, possession, and
transportation of marihuana, which remains illegal under federal law,
and marihuana remains classified as a "controlled substance" by federal
law. Nothing in this article is intended to promote or condone the
production, distribution, or possession of marihuana in violation
of any applicable law. Nothing in this article is intended to grant
immunity from any criminal prosecution under state or federal law.
This article does not protect patients, caregivers, or the owners
of properties on which a marihuana commercial operation is occurring
from prosecution or having their property seized by federal law enforcement
authorities;
(2)
This article is to be construed to protect the public health,
safety and welfare over commercial marihuana business interests. The
operation of a licensed marihuana business is a revocable privilege
and not a right in the Village. Nothing in this article is to be construed
to grant a property right for an individual or business entity to
engage, obtain, or have renewed a Village-issued permit to engage
in the use, distribution, cultivation, production, possession, transportation
or sale of marihuana as a commercial enterprise in the Village;
(3)
Any individual or business entity which purports to have engaged
in the use, distribution, cultivation, production, possession, transportation
or sale of marihuana as a commercial enterprise in the Village without
obtaining the required authorization required by this article is deemed
to be an illegally established nuisance, and as such is not entitled
to legal nonconforming status under this article, the Village Zoning
Code, or state statutory or common law;
(4)
Nothing in this article is intended to grant immunity from criminal
or civil prosecution, penalty or sanction for the cultivation, manufacture,
possession, use, sale, distribution or transport of marihuana in any
form, that is not in strict compliance with the Michigan Medical Marihuana
Act, the Medical Marihuana Facilities Licensing Act, the Marihuana
Tracking Act,[3] the Michigan Regulation and Taxation of Marihuana Act,
and all applicable rules promulgated by the State of Michigan regarding
the commercialization of marihuana. Strict compliance with all applicable
state laws and regulations is deemed a requirement for the issuance
or renewal of any permit issued under this article, and noncompliance
with any applicable state law or regulation is grounds for the revocation
or nonrenewal of any permit issued under the terms of this article.
[3]
Editor's Note: See MCLA 333.27901 et seq.
C.
Indemnification of Village.
(1)
By accepting a permit issued pursuant to this article, the holder
waives and releases the Village, its officers, elected officials,
and employees from any liability for injuries, damages or liabilities
of any kind that result from any arrest or prosecution of marihuana
business owners, operators, employees, clients or customers for a
violation of state or federal laws, rules or regulations.
(2)
By accepting a permit issued pursuant to this article, the holder
agrees to indemnify, defend and hold harmless the Village, its officers,
elected officials, employees, and insurers, against all liability,
claims or demands arising on account of any claim of diminution of
property value by a property owner whose property is located in proximity
to a licensed operating marihuana business, arising out of, claimed
to have arisen out of, or in any manner connected with the operation
of a marihuana business or any claim based on an alleged injury to
business or property by reason of a claimed violation of the federal
Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.
§ 1964(c).
D.
Reservation of legislative prerogative.
(1)
The Village Council reserves the right to amend or repeal this
article in any manner, including, but not limited to, the complete
prohibition of any type of marihuana business or limiting the number
and types of marihuana businesses authorized to operate in the Village.
(2)
Nothing in this article is to be construed to grant or grandfather
any marihuana business a vested right, license, permit or privilege
for continued operations within the Village.
A.
Unless defined by this article, any term used in this article that
is defined by the Michigan Medical Marihuana Act, the Medical Marihuana
Facilities Licensing Act, Michigan Regulation and Taxation of Marihuana
Act, or the administrative rules promulgated by the Michigan Department
of Licensing and Regulatory Affairs addressing marihuana shall have
the definition given in those acts and rules.
B.
APPLICANT
(1)
(2)
(3)
(4)
(5)
(6)
CULTIVATE
DEPARTMENT
DESIGNATED CONSUMPTION LOUNGE
EQUIVALENT LICENSE
EXCESS GROWER
GROWER
INDUSTRIAL HEMP
INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT
LICENSEE
MARIHUANA
MARIHUANA COMMERCIAL BUSINESS or MARIHUANA BUSINESS
MARIHUANA ESTABLISHMENT or ESTABLISHMENT
MARIHUANA FACILITY or FACILITY
MARIHUANA PLANT
MARIHUANA-INFUSED PRODUCT
MARIHUANA-RELATED BUSINESS
MICHIGAN MEDICAL MARIHUANA ACT or MMMA
MICHIGAN MEDICAL MARIHUANA FACILITIES LICENSING ACT or MMFLA
MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT or MRTMA
MICROBUSINESS
OPERATING PERMIT or PERMIT
PERMITTEE
PERSON
PROCESS or PROCESSING
PROCESSOR
PROVISIONING CENTER
REGISTERED PRIMARY CAREGIVER or CAREGIVER
REGISTERED QUALIFYING PATIENT or PATIENT
RETAILER
RULES
SAFETY COMPLIANCE FACILITY
SECURE TRANSPORER
SOCIAL EQUITY-QUALIFIED BUSINESS
STATE OPERATING LICENSE or LICENSE
As used in this article, the following terms shall have the meanings
indicated:
A person who applies for a Village-issued permit to operate
a marihuana commercial business in accordance with the terms of this
article and the Village Zoning Code. With respect to disclosures in
an application and for purposes of ineligibility for a permit, the
term "applicant" includes a managerial employee of the applicant,
any person who holds any direct or indirect ownership interest of
more than 10% in the marihuana commercial business, and the following
for each type of applicant:
For an individual or sole proprietorship: the proprietor and
spouse;
For a partnership and limited-liability partnership: all partners
and their spouses. For a limited partnership and limited-liability
limited partnership: all general and limited partners, not including
a limited partner holding a direct or indirect ownership interest
of 10% or less and who does not exercise control over or participate
in the management of the partnership, and their spouses. For a limited-liability
company: all members and managers, not including a member holding
a direct or indirect ownership interest of 10% or less and who does
not exercise control over or participate in the management of the
company, and their spouses;
For a privately held corporation: all corporate officers or
persons with equivalent titles and their spouses, all directors and
their spouses, and all stockholders, not including those holding a
direct or indirect ownership interest of 10% or less, and their spouses;
For a publicly held corporation: all corporate officers or persons
with equivalent titles and their spouses, all directors and their
spouses, and all stockholders, not including those holding a direct
or indirect ownership interest of 10% or less, and their spouses;
For a multilevel ownership enterprise: any entity or person
that receives or has the right to receive more than 10% of the gross
or net profit from the enterprise during any full or partial calendar
or fiscal year;
For a nonprofit corporation: all individuals and entities with
membership or shareholder rights in accordance with the articles of
incorporation or the bylaws and their spouses.
To propagate, breed, grow, harvest, dry, cure, or separate
parts of the marihuana plant by manual or mechanical means.
The Michigan Department of Licensing and Regulatory Affairs,
or its successor agency.
A licensed marihuana-related business authorized to permit
individuals 21 years of age and older to consume marihuana products
on the premises.
Any of the following state operating licenses when held by
a single licensee:
The holder of five Class C grower licenses under the MRTMA
and at least two Class C grower licenses under the MMFLA.
A licensee that cultivates, dries, trims, or cures and packages
marihuana for sale or transfer to a processor, provisioning center
or retailer, or another grower. The term also includes a licensed
excess grower.
Any part of the plant, whether growing or not, Cannabis sativa
L or the genus cannabis with a delta-9 tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry-weight basis, or per volume or
weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant regardless
of moisture content. Industrial hemp includes industrial hemp commodities
and products and topical or ingestible animal and consumer products
with a delta-9-tetrahydrocannabinol concentration of not more than
0.3% on a dry-weight basis.
Public Act 547 of 2014,[3] as may be amended.
A person holding a state license to operate a marihuana facility
or marihuana establishment.
All parts of the plant Cannabis sativa L. or of the genus
cannabis, 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 preparation of the plant or its seeds or resin,
including marihuana concentrate and marihuana-infused products. For
purposes of this article, marihuana does not include industrial hemp.
A location at which a licensee is licensed to operate under
the MRTMA[4] and this article.
A location at which a licensee is licensed to operate under
the MMFLA[5] and this article.
Any plant of the species Cannabis sativa L. or genus cannabis
but does not include industrial hemp.
A topical formulation, tincture, beverage, edible substance,
or similar product containing any usable marihuana and other ingredients
that is intended for human consumption in a manner other than smoke
inhalation.
An adult-use marihuana establishment operating pursuant to
a special license issued by the Department and includes designated
consumption lounges, excess marihuana growers, marihuana event organizers
and temporary marihuana events.
2008 Initiated Law 1, MCLA § 333.26421 et seq.,
as may be amended.
Public Act 281 of 2016, MCLA § 333.27101 et seq.,
as may be amended.
2018 Initiated Law 1, MCLA § 333.27951 et seq.,
as may be amended.
A marihuana establishment authorized to cultivate not more
than 150 marihuana plants, process and package marihuana, and sell
or transfer marihuana to individuals 21 years of age and older and
to a safety compliance facility, but not to other marihuana establishments.
The permit issued pursuant to this article authorizing the
operation of a marihuana commercial business in the Village.
A person who holds a permit issued by the Village pursuant
to this article to operate a marihuana business.
An individual, corporation, limited-liability company, partnership,
limited partnership, limited-liability partnership, limited-liability
limited partnership, trust, or other legal entity and includes persons
within the definition of "applicant" as that term is used in this
article.
The separation or preparation of parts of the marihuana plant
and to compound, blend, extract, infuse, or otherwise make or prepare
marihuana concentrate or marihuana- infused products.
A licensee that purchases or obtains marihuana from a grower
and processes the marihuana and sells or transfers it in packaged
form to a provisioning center, retailer, or another processor. A processor
is not prohibited from handling, processing, marketing or brokering
industrial hemp pursuant to the Industrial Hemp Research and Development
Act.[6]
A licensee 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 includes any commercial property where
marihuana is sold at retail to registered qualifying patients or registered
primary caregivers and includes medical cannabis dispensaries. A noncommercial
location used by a registered primary caregiver to assist a qualifying
patient connected to the caregiver through the Department's marihuana
registration process in accordance with the Michigan Medical Marihuana
Act[7] is not a provisioning center for purposes of this article.
A primary caregiver who has been issued a current registry
identification card under the MMMA.[8]
A qualifying patient who has been issued a current registry
identification card under the MMMA or a visiting qualifying patient
as that term is defined in the MMMA.[9]
A licensee that obtains marihuana from marihuana establishments
and sells or otherwise transfers marihuana to marihuana establishments
and to individuals who are 21 years of age or older.
A licensee that receives marihuana from a marihuana business
or from a registered primary caregiver, tests the marihuana and provides
certification of the potency of tetrahydrocannabinol and other cannabinoids,
and the presence of contaminants. A safety compliance facility may
receive industrial hemp for testing pursuant to the Industrial Hemp
Research and Development Act.[12]
A licensee that stores marihuana and transports marihuana
between marihuana businesses for a fee.
A marihuana establishment operated by an applicant that qualifies
for the benefits offered under the social equity program administered
by either the Department or the Village.
[1]
Editor's Note: See MCLA 333.27101 et seq.
[2]
Editor's Note: See MCLA 333.27951 et seq.
[3]
Editor's Note: See MCLA 286.841 et seq.
[4]
Editor's Note: See MCLA 333.27951 et seq.
[5]
Editor's Note: See MCLA 333.27101 et seq.
[6]
Editor's Note: See MCLA 286.841 et seq.
[7]
Editor's Note: See MCLA 333.26421 et seq.
[8]
Editor's Note: See MCLA 333.26421 et seq.
[9]
Editor's Note: See MCLA 333.26421 et seq.
[10]
Editor's Note: See MCLA 333.27101 et seq.
[11]
Editor's Note: See MCLA 333.27951 et seq.
[12]
Editor's Note: See MCLA 286.841 et seq.
[13]
Editor's Note: See MCLA 333.27101 et seq.
[14]
Editor's Note: See MCLA 333.27951 et seq.
[Amended 5-10-2021 by Ord. No. 263]
A.
The maximum number of each type of medical marihuana facility permitted
in the Village is as follows for any new facilities.
|
Type of Facility
|
Number
|
|---|---|
|
Grower
| |
|
Class A: 500 plants
|
1
|
|
Class B: 1,000 plants
|
1
|
|
Class C: 1,500 plants
|
2
|
|
Processor
|
2
|
|
Secure transporter
|
2
|
|
Provisioning center
|
3
|
|
Safety compliance facility
|
2
|
B.
If a business is already licensed in the Village and seeks additional grower or processor licenses in excess of what is allowed per ordinance for its current operating location, those may be approved via the same process as the permit renewal process outlined in § 370-461, Permit renewal.
C.
The maximum number of each type of adult-use marihuana facility permitted
in the Village is as follows for any new facilities.
|
Type of Establishment
|
Number
|
|---|---|
|
Grower
| |
|
Class A: 100 plants
|
0
|
|
Class B: 200 plants
|
0
|
|
Class C: 2,000 plants
|
3
|
|
Processor
|
2
|
|
Safety compliance
|
2
|
|
Retailer
|
3
|
|
Secure transporter
|
1
|
|
Designated consumption lounge
|
1
|
|
Microbusiness
|
Not available at this time
|
|
Temporary marihuana event
|
Available per approval of Council
|
A.
No person shall establish or operate a marihuana commercial business
in the Village without first having obtained a permit from the Village
and a state operating license for each such marihuana business to
be operated. Permit and license certificates shall be kept current
and publicly displayed within the business. Failure to maintain or
display current state and Village certificates is a violation of this
article.
B.
There shall be an annual nonrefundable fee to defray the administrative
and enforcement costs associated with marihuana businesses located
in the Village of not more than $5,000 per licensed business as set
by resolution adopted by the Village Council.
C.
The annual nonrefundable fee required under this section is due and
payable with the application for a permit and upon the application
for renewal of any such permit under this article. The permit and
fee requirements of this article apply to all marihuana commercial
businesses, whether operated for profit or not for profit.
D.
The permit fee requirement set forth in this article shall be in
addition to, and not in lieu of, any other licensing and permitting
requirements imposed by any state regulatory agency, or by Village
ordinance, including, by way of example, any applicable fees for site
plan review, zoning review, inspections, or building permits.
E.
The issuance of any permit pursuant to this article does not create
an exception, defense, or immunity to any person regarding any potential
criminal liability the person may have for the production, distribution,
or possession of marihuana under federal law.
F.
A separate permit is required for each marihuana business located
at a premises from which a marihuana commercial business is operated.
Operation of a grower and processor facility at the same location
is authorized, provided that each facility is separately licensed
and permitted. Operation of a provisioning center and/or retailer
at the same location as a grower or processing facility is authorized
when in conformance with the Village Zoning Code.
G.
This article is not applicable to a registered primary caregiver
operating a medical marihuana home occupation in accordance with the
Village Zoning Code.
A.
No marihuana business is eligible to receive a permit unless, at
the time the application for the marihuana business operating permit
is submitted, the location of the proposed business operation complies
with the requirements set forth in the Village of Cassopolis Zoning
Ordinance as required for the specific type of marihuana commercial
business for which the permit is being sought.
B.
Mobile marihuana businesses and drive-through operations are prohibited.
C.
A licensee shall not operate a marihuana business at any place in
the Village other than the address provided in the application on
file with the Village Clerk. A permit issued under this article may
be transferred to a different location upon receiving written approval
from the Village Clerk. In order to request approval to transfer the
location of a permit, the licensee must make a written request to
the Village Clerk, indicating the current license location and the
proposed license location. Upon receiving the written request, the
Village Clerk will forward a copy of the request to affected service
areas and departments of the Village to determine whether the proposed
location complies with all applicable laws, rules and regulations.
No permit transfer will be approved unless the proposed location meets
the standards identified in this article and the Village Zoning Code.
A.
A person seeking a permit pursuant to the Medical Marihuana Facilities
Licensing Act[1] or the Michigan Regulation and Taxation of Marihuana Act
and the provisions of this article must submit an application, in
writing, to the Village Clerk on forms provided by the Village. At
the time of application, the application must be accompanied by a
partially nonrefundable application fee to defray the costs incurred
by the Village for processing of the application. In addition, the
applicant shall present a suitable copy of government-issued photographic
identification to accompany the application.
[1]
Editor's Note: See MCLA 333.27101 et seq.
B.
The applicant must also provide the following information, under
the penalty of perjury, on the Village-provided form for the applicant,
the proposed manager of the marihuana facility, and all persons who
are true parties of interest in the marihuana business that is the
subject of the application:
(1)
If the applicant is an individual or sole proprietorship, the
proprietor and their spouse, if any, shall provide their names, addresses,
dates of birth, business address, business telephone number, email
address, social security numbers, and, if applicable, federal tax
identification number;
(2)
If the applicant is not an individual or sole proprietorship,
information regarding the business entity, including, without limitation,
the name and address of the entity, website address, (if any), type
of business organization, proof of registration with, or a certificate
of good standing from, the State of Michigan, as applicable, and the
names, dates of birth, addresses, email addresses, and phone numbers
of each applicant, and the federal tax identification number of the
business entity;
(3)
The identity of every person having a 10% or more ownership
interest in the applicant with respect to which the license is sought;
provided, however a social equity- qualified business must be able
to demonstrate 51% ownership by qualifying applicants;
(4)
If the applicant is not the owner of the proposed licensed premises,
a notarized statement from the owner of such property authorizing
the use of the property for a marihuana business;
(5)
A copy of any deed reflecting the applicant's ownership
of, or lease reflecting the right of the applicant to possess, or
an option reflecting the applicant's right to purchase or lease,
the proposed licensed premises;
(6)
A description of the type of the proposed marihuana commercial
operation and its physical address;
(7)
A to-scale diagram of the proposed licensed premises, no larger
than 11 inches by 17 inches, showing, without limitation, building
floor plan and layout, all entryways, doorways, or passageways, and
means of public entry and exits to the proposed licensed premises,
loading zones, available on-site parking spaces, fencing at the premises,
and all areas in which marihuana will be stored, grown, manufactured
or dispensed;
(8)
A lighting plan showing the lighting outside of the marihuana
business for security purposes and compliance with applicable Village
outdoor lighting requirements;
(9)
A staffing plan which describes the anticipated or actual number
of employees, including an estimate of the number and type of jobs
that the business is expected to create, the amount and type of compensation
(including benefits) expected to be paid for such jobs;
(10)
An explanation, with supporting factual data, of the economic
benefits to the Village and the job creation for local residents to
be achieved by the facility, including plans for community outreach
and worker training programs, through the grant of a marihuana business
permit;
(11)
A statement that no applicant is in default to the Village for
any property tax, special assessment, utility charges, fines, fees
or other financial obligation owed to the Village;
(12)
A statement that the applicant has reviewed and agrees to conform
its hiring and public accommodation practices to the Village's
Antidiscrimination Policy provisions;
(13)
A statement that no applicant is ineligible from holding a state
license to operate a marihuana commercial business;
(14)
Attestation that the applicant consents to inspections, examinations,
searches and seizures required or undertaken pursuant to enforcement
of this article; and
(15)
Any additional information that the Village Clerk or Chief of
Police reasonably determines to be necessary in connection with the
investigation and review of the application.
C.
Upon receipt of a completed application, the Village Clerk may circulate
the application to all affected service areas and departments of the
Village to determine whether the application is in full compliance
with all applicable laws, rules and regulations.
D.
If the Village Clerk identifies or is informed of a deficiency in
an application, the applicant has five business days to correct the
deficiency after notification by the Village Clerk. The Village Clerk
has the right to extend this timeline at their discretion, based on
the deficiency.
A.
B.
An applicant whose application is rejected or denied because of missing,
incomplete, erroneous, false, or misleading information, or because
of a lack of submission of the full amount of the fees due, does not
have a right to appeal the decision of the Village Clerk whose decision
is final.
A.
Beginning September 1, 2020, the Village Clerk will begin to accept
permit applications for Village-issued marihuana commercial business
permits. A marihuana business whose inspection, background checks,
and all other information available to the Village verifies that the
applicant has submitted a full and complete application, has made
or has secured permits for making improvements to the business location
consistent with the type of facility applied for, complies with applicable
zoning and location requirements, and is prepared to operate the business
as set forth in the application, will be reviewed by the office of
the Village Clerk for completeness and compliance with the requirements
of this article.
B.
The Village Clerk shall issue a provisional marihuana business approval
certificate to each applicant whose application is complete and if
the inspection, background checks, and all other information available
to the Village verify that the applicant complies with applicable
zoning and location requirements, and is prepared to operate the business
as set forth in the application, and in compliance with the Village
Code of Ordinances and any other applicable law, rule, or regulation.
C.
A provisional marihuana business approval certificate only means
that the applicant has submitted a valid application for a marihuana
business operating permit and is eligible to receive the appropriate
marihuana business license from the Department. The applicant shall
not locate or operate a marihuana business in the Village without
obtaining a state operating license approved by and issued by the
Department. A provisional certificate issued by the Village will expire
and be void after one year if state approval is not diligently pursued
to completion by the applicant, or on the date that state approval
is denied by a final order to the applicant, whichever first occurs.
D.
Within 30 days from the issuance of a provisional marihuana business
approval certificate by the Village Clerk, the applicant must submit
proof to the Village Clerk that the applicant has submitted a partial
application with the Department for prequalification for a state operating
license or has submitted full application for such license. If the
applicant fails to submit such proof, then the provisional approval
will be canceled by the Village Clerk.
E.
If the Department issues a final determination either denying an
applicant prequalification for a state operating license or denying
a full application for a state operating license, then the provisional
approval certificate will be canceled by the Village Clerk.
F.
Provisional certificates are not transferable to another person or
entity without the submission of an application by the person or entity
to whom the certificate is to be transferred and the approval of the
Village Clerk.
A.
An applicant holding an unexpired provisional certificate issued
pursuant to this article and for which a marihuana facility or marihuana
establishment state operating license has been issued shall provide
proof of same to the Village Clerk.
B.
An inspection of the proposed marihuana business by the Village is
required prior to issuance of the Village operating permit. Such inspection
shall occur after the premises are ready for operation, but prior
to the stocking of the business with any marihuana or marihuana-infused
product, and prior to the opening of the business or commencement
of operations, unless the applicant holds a state operating license
and is seeking a permit for an equivalent license. The inspection
is to verify that the business premises are constructed and can be
operated in accordance with the application submitted and the applicable
requirements of this article and any other applicable law, rule, or
regulation.
C.
After verification that the business premises are constructed and
can be operated in accordance with the application submitted and the
applicable requirements of this article and any other applicable law,
rule, or regulation, and the issuance of a permanent certificate of
occupancy for the building, the Village Clerk shall issue a Village
marihuana business operating permit for a term of one year. The Village-issued
permit must be prominently displayed within the business.
D.
Maintaining a valid state operating license is a condition for the
issuance and maintenance of the Village marihuana business operating
permit issued under this article and the continued operation of any
marihuana business.
E.
Proof of insurance.
(1)
Permittee shall at all times maintain full force and effect
for duration of the permit, workers' compensation insurance as
required by state law, and general liability insurance with minimum
limits of $1,000,000 per occurrence and an aggregate limit of $2,000,000
issued from a company licensed to do business in Michigan having an
AM Best rating of at least B++. A permittee shall provide proof of
insurance to the Village Clerk in the form of a certificate of insurance
evidencing the existence of a valid and effective policy which discloses
the limits of each policy, the name of the insurer, the effective
date and expiration date of each policy, the policy number, and the
names of the additional insureds. The policy shall name the Village
of Cassopolis and its officials and employees as additional insureds
to the limits required by this section. A permittee or its insurance
broker shall notify the Village of any cancellation or reduction in
coverage within seven days of receipt of insurer's notification
to that effect. The permittee shall obtain and submit proof of substitute
insurance to the Village Clerk within five business days in the event
of expiration or cancellation of coverage.
(2)
A secure transporter must provide proof of no-fault automobile
insurance with a company licensed to do business in Michigan with
limits of liability not less than $1,000,000 per occurrence combined
single limit for bodily injury and property damage, vehicle registration,
and registration as a commercial motor vehicle for all vehicles used
to transport marihuana or marihuana-infused product.
(3)
Any failure to maintain or lapse in the insurance coverage required
by this article is grounds for revocation of the Village-issued operating
permit.
(4)
A condition of the issuance of a marihuana business operating
permit includes, at a minimum, operation of the business in compliance
with all the plans and the information provided to the Village as
part of the application. A permittee must update any change in the
information provided to the Village as part of the application within
five business days of such change during the term of the permit. The
failure to timely update a change in information will be grounds for
suspension or revocation of the operating permit.
In the event that a marihuana business does not commence and
maintain operations within one year of issuance of a Village operating
permit, the permit will be deemed forfeited; the business may not
recommence operations and the permit is not eligible for renewal.
A.
A valid marihuana business operating permit may be renewed on an
annual basis by submission of a renewal application upon a form provided
by the Village Clerk and payment of the annual license fee set by
Village Council resolution. An application to renew a marihuana business
operating permit shall be filed no sooner than 90 days and at least
60 days prior to the date of its expiration. The failure to timely
file for renewal is sufficient grounds to deny renewal of a permit
to operate a marihuana business in the Village and is not subject
to appeal.
B.
Prior to the issuance of a renewed marihuana business operating permit
by the Village, the premises must be inspected to assure that it and
its systems comply with the requirements of this article.
C.
In determining whether to grant a renewal of a permit, the Village
Clerk, Village Manager and Village Chief of Police will evaluate the
permit holder's compliance with the statements it provided with
its initial application and submission with its request for renewal
of the following information:
(1)
The staffing plan for the business which describes the actual
number of employees, including the number and type of jobs that the
facility has created, and the amount and type of compensation (including
benefits) paid for such jobs;
(2)
An explanation, with supporting factual data, of the economic
benefits to the Village and the job creation for local residents achieved
by the business, results of efforts for community outreach and worker
training programs;
(3)
An explanation, with supporting factual data, of the efforts
and success achieved by the social equity plan of the business to
promote and encourage participation in the marihuana industry by local
residents that have been disproportionately impacted by marihuana
prohibition and enforcement, and the positive impact of the social
equity plan on local residents;
(4)
A statement that the business is not in default to the Village
for any property tax, special assessment, utility charges, fines,
fees or other financial obligation owed to the Village; and
(5)
A statement that the hiring and public accommodation practices
of the facility conforms to the Village's Antidiscrimination
Ordinance provisions.
D.
If a licensee demonstrates compliance with the requirements for renewal
of an operating permit, the Village Clerk shall renew the existing
permit for a period of one year, on the condition that the state operating
license for the facility is renewed.
A.
A marihuana business permit is valid only for the owner named thereon,
the type of business disclosed on the application for the permit,
and the location for which the permit is issued.
B.
Each operating permit is exclusive to the permittee, and a permittee
or any other person must apply for a permit with the Village Clerk
before a permit is transferred, sold, or purchased. The attempted
transfer, sale, or other conveyance of an interest in a permit without
prior application for a Village operating permit with the Village
Clerk is grounds for suspension or revocation of the existing permit.
An operating permit granted by this article is a revocable privilege
granted by the Village and is not a property right. Granting a permit
does not create or vest any right, title, franchise, or other property
interest.
A.
The Village may, after notice and hearing, suspend, revoke or refuse
to renew a permit for any of the following reasons:
(1)
The permit holder, or his or her agent, manager or employee,
has violated, does not meet, or has failed to comply with any of the
terms, requirements, conditions or provisions of this article or with
any applicable state or local law or regulation;
(2)
The permit holder, or its agent, manager or employee, has failed
to comply with any special terms or conditions of its license pursuant
to an order of the state or local licensing authority, including those
terms and conditions that were established at the time of issuance
of the license and those imposed as a result of any disciplinary proceedings
held subsequent to the date of issuance of the license;
(4)
The marihuana commercial business has been operated in a manner
that adversely affects the local public health, safety or welfare;
or
(5)
The permit holder failed to timely submit all necessary documents
and or fees to renew the Village-issued permit or state operating
license.
B.
Evidence to support a finding under this section may include, without
limitation, a continuing pattern of conduct, a continuing pattern
of drug-related criminal conduct within the premises of the marihuana
business or in the immediate area surrounding such business, a continuing
pattern of criminal conduct directly related to or arising from the
operation of the marihuana business, or an ongoing nuisance condition
emanating from or caused by the marihuana business. Criminal conduct
is limited to the violation of a state law or regulation or Village
ordinance.
C.
Except as otherwise provided in this article, the Planning Council
shall hear and decide questions that arise in the administration of
this article, including appeals of suspension and revocations of Village
operating permits. The concurring vote of a majority of the members
of the Planning Council is necessary to reverse an order, requirement,
decision, or determination of an administrative official in the application
of this article. The decision of the Planning Council is final. This
section is not to be construed to grant the Planning Council authority
to hear any matter that is within the powers and duties of the Zoning
Board of Appeals.
A grower may hold more than one Class C grower license at a
single location. A qualifying grower may hold an excess grower license
with approval by Village Council.
A grower, processor, and retailer or an equivalent license in
the same location are separate marihuana commercial businesses requiring
separate licenses and separate permits. In addition to all other application
requirements for separate businesses, each business, if sharing a
building or structure, shall be distinctly partitioned from each other
from floor to roof, have separate operations, ventilation, security
and fire suppression systems, and separate entrances and exits.
No grower facility, safety compliance facility, processor facility,
secure transport facility, retail facility, or designated consumption
facility shall be located within 1,000 feet of real property comprising
a public or private elementary, vocational or secondary school.
A.
A secure transporter which operates from a premises located within
the Village shall secure a permit from the Village. A state-licensed
secure transporter which does not have a facility located in the Village
may, without securing a license from the Village, operate on public
streets and highways within the Village.
B.
A driver transporting marihuana or marihuana-infused products must
possess a valid chauffer's license issued by the state.
C.
Each vehicle engaged in the transportation of marihuana or marihuana-infused
products must always be operated by a two-person crew with at least
one individual remaining with the vehicle.
D.
A secure transporting vehicle must not bear any markings or any other
indication that it is carrying marihuana or marihuana-infused products.
E.
A secure transporter shall enter all transactions, current inventory,
and other information as required by the state into the statewide
monitoring system as required by law.
F.
Each employee who has custody of marihuana or money that is related
to a marihuana transaction shall not have been convicted of or released
from incarceration for a felony under the laws of this state, any
other state, or the United States within the past five years or have
been convicted of a misdemeanor involving a controlled substance within
the past five years.
G.
A route plan and manifest shall be entered into the statewide monitoring
system, and a copy shall be carried in the transporting vehicle and
presented to a law enforcement officer upon request.
H.
The marihuana shall be transported in one or more sealed containers
and not be accessible while in transit.
I.
A vehicle used by a secure transporter is subject to administrative
inspection by a law enforcement officer at any point during the transportation
of marihuana to determine compliance with all state and local laws,
rules, regulations and ordinances.
J.
All secure transporters shall comply with all applicable requirements
of the Village of Cassopolis zoning ordinances.
A.
The licensee, manager, operator and employees of a provisioning center
or retailer shall strictly comply with all rules addressing security
(including, but not limited to, an operating video surveillance system),
storage of marihuana and marihuana-infused products to prevent direct
customer access and use of a separate room as a point of sale area.
B.
It is unlawful for the licensee, manager, operator or employees of
a provisioning center or retailer to:
(1)
Permit the sale, consumption, or use of alcohol beverages or
tobacco products on the licensed premises or engage in food service
on the licensed premises (As used in this subsection, "food service"
means the preparation of food or drink for direct consumption by members
of the public through service on the premises.);
(2)
Sell, give, dispense or otherwise distribute marihuana, marihuana-infused
products, or marihuana paraphernalia from any outdoor location on
the licensed premises;
(3)
Offer or distribute samples of marihuana or marihuana-infused
products to a consumer free of charge;
(4)
Permit the use or consumption of marihuana or marihuana-infused
products on the licensed premises;
(5)
Operate a licensed provisioning center or retailer at any time
other than between the hours of 7:00 a.m. and 9:00 p.m. daily;
(6)
Keep or grow marihuana plants within the provisioning center
or retailer.
C.
Registered patients and registered primary caregivers with valid
registry cards and persons 21 years of age and older are permitted
in a dedicated point of sale area; a separate waiting area may be
created for visitors not authorized to enter the marihuana business.
Provisioning centers and retailers shall be wheelchair accessible,
and disability accommodations shall be provided upon request.
D.
Provisioning centers and retailers may engage in the home delivery
of marihuana and marihuana-infused products in strict compliance with
Department-approved procedures and rules.
E.
Provisioning centers and retailers shall prominently display a sign
near the point of sale area which carries the following warning: "WARNING:
Marihuana use by pregnant or breastfeeding women, or by women planning
to become pregnant, may result in fetal injury, preterm birth, low
birth weight, or developmental problems for the child."
A.
The safety compliance facility shall comply at all times and in all
circumstances with the MMFLA,[1] and any applicable state laws, and the general rules of
the Department of Licensing and Regulatory Affairs, as they may be
amended from time to time. It is the responsibility of the owner to
be aware of changes in the MMFLA. The Village of Cassopolis bears
no responsibility for failure of the owner to be unaware of changes
in the act;
[1]
Editor's Note: See MCLA 333.27101 et seq.
B.
Consumption and/or use of marihuana shall be prohibited at the facility;
C.
The premises shall be open, at all times, to any Michigan Marihuana
Licensing Board investigators, agents, auditors, or the state police
or Village of Cassopolis police, without a warrant and without notice
to the licensee, to enter the premises, offices, facilities, or other
places of business, if evidence of compliance or noncompliance with
the Marihuana Facilities Licensing Act or applicable state laws is
likely to be found and consistent with constitutional limitations,
for the following purposes:
(1)
To inspect and examine all premises of medical marihuana facilities.
(2)
To inspect, examine, and audit relevant records of the licensee
and, if the licensee or any managerial employees or employees fail
to cooperate with an investigation, impound, seize, assume physical
control of, or summarily remove from the premises all books, ledgers,
documents, writings, photocopies, correspondence, records, and videotapes,
including electronically stored records, money receptacles, or equipment
in which the records are stored.
(3)
To inspect the person, and inspect or examine personal effects
present in a medical marihuana facility, of any holder of a state
operating license while that person is present in a medical marihuana
facility.
(4)
To investigate alleged violations of the Marihuana Facilities
Licensing Act or applicable state laws.
D.
All persons working in direct contact with marihuana shall conform
to hygienic practices while on duty;
E.
Litter and waste shall be properly removed and the operating systems
for waste disposal shall be maintained in an adequate manner so that
they do not constitute a source of contamination in areas where marihuana
is exposed;
F.
Floors, walls and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair;
G.
Any buildings, fixtures and other facilities shall be maintained
in a sanitary condition;
H.
Marihuana that can support the rapid growth of undesirable microorganisms,
including, but not limited to, mold, shall be held in a manner that
prevents the growth of these microorganisms;
I.
Exterior signage or advertising identifying the facility as a safety
compliance facility shall be prohibited;
J.
All safety compliance facilities shall comply with all applicable
requirements of the Village of Cassopolis Zoning Ordinance.
The following minimum standards for processor facilities shall
apply:
B.
Consumption and/or use of marihuana shall be prohibited at the processor
facility;
C.
All activity related to the processor facility shall be done indoors;
D.
The premises shall be open, at all times, to any Michigan Marihuana
Licensing Board investigators, agents, auditors, or the state police
or Village of Cassopolis police, without warrant and without notice
to the licensee, to enter the premises, offices, facilities, or other
places of business, if evidence of compliance or noncompliance with
the MMFLA or applicable state laws is likely to be found and consistent
with constitutional limitations, for the following purposes:
(1)
To inspect and examine all premises of medical marihuana facilities;
(2)
To inspect, examine, and audit relevant records of the licensee
and, if the licensee or any managerial employee or employee fails
to cooperate with an investigation, impound, seize, assume physical
control of, or summarily remove from the premises all books, ledgers,
documents, writings, photocopies, correspondence, records, and videotapes,
including electronically stored records, money receptacles, or equipment
in which the records are stored;
(3)
To inspect the person and inspect or examine personal effects
present in a medical marihuana facility of any holder of a state operating
license while that person is present in a medical marihuana facility;
(4)
To investigate alleged violations of the MMFLA or applicable
state laws.
E.
Any processor facility shall maintain a log book and/or database
which complies with the applicable state laws;
G.
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 of marihuana are located;
H.
That portion of the structure where any chemicals are located and/or
stored shall be subject to inspections at any time and approval by
the Central Cass Fire Department to ensure compliance with all applicable
statues, codes and ordinances;
I.
All persons working in direct contact with marihuana shall conform
to hygienic practices while on duty, including, but not limited to:
(1)
Maintaining adequate personal cleanliness;
(2)
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;
(3)
Refraining from having direct contact with 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.
J.
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 marihuana
is exposed;
K.
Floors, walls, and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair;
L.
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 becoming
an attractant, harborage or breeding place for pests;
M.
Any buildings, fixtures and other facilities shall be maintained
in a sanitary condition;
N.
Each processor facility shall provide its occupants with adequate
and readily accessible toilet facilities that are maintained in a
sanitary condition and good repair;
O.
Marihuana that can support the rapid growth of undesirable microorganisms,
including, but not limited to, mold, shall be held in a manner that
prevents the growth of these microorganisms;
P.
Processor facilities shall be free from infestation by insects, rodents,
birds, or vermin of any kind;
Q.
Processor facilities shall produce no products other than useable
marihuana intended for human consumption;
R.
Exterior signage or advertising identifying the facility as a processor
facility shall be prohibited;
S.
All processor facilities shall comply with all applicable requirements
of the Village of Cassopolis Zoning Ordinance.
The following minimum standards for grower facilities shall
apply:
A.
The grower facility shall comply at all times and in all circumstances
with the Michigan Marihuana Act, the Medical Marihuana Facilities
Licensing Act,[1] and the general rules of the Department of Licensing and
Regulatory Affairs, as they may be amended from time to time;
[1]
Editor's Note: See MCLA 333.27101 et seq.
B.
The premises shall be open for inspection upon probable cause that
a violation of this article has occurred, during the stated hours
of operation and at such other times as anyone is presented on the
premises;
C.
D.
All marihuana shall be contained within an enclosed locked facility;
E.
All necessary building, electrical plumbing and mechanical permits
shall be obtained for any portion of the structure in which electrical
wiring, lighting and/or watering devices that support the grower,
growing or harvesting of marihuana are located;
F.
The portion of the structure storing any chemicals, such as herbicides,
pesticides, and fertilizers, shall be subject to inspections at any
time and approval by the Central Cass Fire Department to ensure compliance
with all applicable statute's codes and ordinances;
G.
The dispensing of marihuana at the grower facility shall be prohibited;
H.
All persons working in direct contact with marihuana shall conform
to hygienic practices while on duty, including, but not limited to:
(1)
Maintaining adequate personal cleanliness;
(2)
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;
(3)
Refraining from having direct contact with 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.
I.
Litter and waste shall be properly removed and the operating systems
for waste disposal shall be maintained in an adequate manner so that
they do not constitute a source of contamination in the areas where
marihuana is exposed;
J.
Litter and waste shall be properly removed and the operating systems
for waste disposal shall be maintained in an adequate manner so that
they do not constitute a source of contamination in the areas where
marihuana is exposed;
K.
Floors, walls and ceilings shall be constructed in such a manner
that they may be adequately cleaned and kept clean and in good repair;
L.
There shall be adequate screening or other protection against the
entry or pests. Rubbish shall be disposed of so as to minimize the
development of odor and minimize the potential for the waste becoming
an attractant, harborage or breeding place for pests;
M.
Any building fixtures and other facilities shall be maintained in
a sanitary condition;
N.
Each grower facility shall provide its occupants with adequate and
readily accessible toilet facilities that are maintained in a sanitary
condition and good repair;
O.
Marihuana that can support the rapid growth of undesirable microorganisms,
including, but not limited to, mold, shall be held in a manner that
prevents the growth of these microorganisms;
P.
Grower facilities shall be free from infestation by insects, rodents,
birds, or vermin of any kind;
Q.
Exterior signage or advertising identifying the facility as a grower
facility shall be prohibited;
R.
All grower facilities shall comply with all applicable requirements
of the Village of Cassopolis Zoning Ordinance.
A.
A permittee shall strictly comply with the rules that may from time
to time be promulgated by the Village.
B.
All marihuana commercial business shall obtain all other required
permits or licenses related to the operation of the marihuana business,
including, without limitation, any development approvals or building
permits required by any applicable code or ordinance.
C.
Any failure by a permittee to comply with Department rules or the
provisions of this article is a violation of this article, and any
infraction or violation, however slight, is sufficient grounds for
suspension and revocation of the permit issued under this article.
A.
All signage and advertising for a marihuana business shall comply
with all applicable provisions of this Code and the Village Zoning
Code. In addition, it shall be unlawful for any licensee to:
(1)
Use advertising material that is misleading, deceptive or false
as evidenced by the content of the advertising material or by the
medium or the manner by which the advertising material is disseminated,
is designed to appeal to individuals aged 20 or younger;
(2)
No use of pictures that portray a marihuana plant, or act of
using marihuana, shall be allowed;
(3)
Signs are subject to approval by Village Manager and Village
President.
B.
Only one sign per street frontage, which complies with the size restrictions
set forth in the Village Zoning Code, is permitted for a provisioning
center, retailer, microbusiness, or safety compliance center. Flashing
signs are prohibited.
A.
Security measures at all licensed premises must comply with the requirements
of all applicable rules and regulations of the Village of Cassopolis
and state requirements.
B.
Prior to commencing operations, a description of the security plan
for the business must be submitted to the Village of Cassopolis Police
Department. The security plan shall include details of the video surveillance
system to be employed at the business and procedures that meet or
exceed applicable state rules addressing security.
C.
The security system is required to be maintained in good working
order and provide continuous twenty-four-hour-per-day recorded coverage.
A separate security system is required for each business.
A.
A marihuana business is required to install a fire suppression system
and fire alarm system for the premises which meets the requirements
imposed by applicable law, rule, or regulation. Unless a higher standard
is required by applicable law or regulation, there must be a minimum
of a one-hour fire separation between a marihuana business and any
adjacent business.
B.
A description of all toxic, flammable, or other materials, including
all chemical compounds and pesticides used for cultivation, processing
or testing of marihuana that will be used or kept at the premises,
specifying the location of such materials on the premises, and how
such materials will be stored and disposed of, shall be filed with
the Fire Chief prior to the marihuana business commencing operations.
A.
A marihuana business is required to institute and employ waste management
protocols and practices that comply with applicable rules and regulations
that include a plan for disposal of any marihuana or marihuana-infused
product that is not sold, and any portion of a plant or the residue
from any grow, production or testing process that precludes any portion
being disposed of from being possessed or ingested by any person or
animal.
B.
If determined as being necessary by the Director of Public Works,
wastewater generated from the cultivation or processing of marihuana
or marihuana-infused products may require pretreatment before introduction
in the Village wastewater system.
A.
All activities of marihuana commercial operations shall be conducted
indoors and out of public view, except cultivation may occur in an
outdoor area, provided that the area is contiguous with the building
containing the marihuana business operations, fully enclosed by fences
or barriers that block outside visibility of the marihuana plants
from public view, with no marihuana plants growing above the height
of the fence or barrier, and the fences are secured and only accessible
to authorized persons and emergency personnel.
B.
No marihuana, marihuana-infused product, or paraphernalia shall be
displayed or kept in a business so as to be visible from outside the
licensed premises.
A.
Growers, processors, and safety compliance facilities are required
to install and maintain in operable condition an appropriate exhaust
ventilation system which precludes the emission of detectable marihuana
odor resulting from any grow or production process or operations from
the premises. Exhaust and ventilation equipment must be installed,
operated, and maintained in compliance with the Michigan Mechanical
Code, R 408.30901 et seq.
B.
No marihuana business shall permit the emission of marihuana odor
resulting in detectable odors that leave the business premises upon
which they originated and interfere with the reasonable and comfortable
use and enjoyment of another's property.
C.
Whether a marihuana odor emission interferes with the reasonable
and comfortable use and enjoyment of a property shall be measured
against the objective standards of a reasonable person of normal sensitivity.
Reports of all criminal activities or attempts of violation
of any law at the marihuana business or related thereto shall be reported
to the Cassopolis Police Department within 24 hours of occurrence,
or its discovery, whichever is sooner. The failure to timely report
criminal activity is a violation of this article and may result in
sanctions up to and including the suspension, revocation or nonrenewal
of the business' Village operating permit.
A.
During all business hours and other times when the premises are occupied
by the licensee or an employee or agent of the licensee, all licensed
premises shall be subject to examination and inspection by the Cassopolis
Police Department and all other Village departments for the purpose
of investigating and determining compliance with the provisions of
this article and any other applicable state and local laws or regulations.
B.
Consent to inspection. Application for a marihuana business permit
or operation of a marihuana business, or leasing property to a marihuana
business, constitutes consent by the applicant, and all owners, managers,
and employees of the business, and the owner of the property to permit
the Village Manager or the designee thereof to conduct routine examinations
and inspections of the medical marihuana business to ensure compliance
with this article or any other applicable law, rule, or regulation.
For purposes of this article, examinations and inspections of marihuana
businesses and recordings from security cameras in such businesses
are part of the routine policy of enforcement of this article for
the purpose of protecting the public safety, individuals operating
and using the services of the marihuana business, and the adjoining
properties and neighborhood.
C.
Application for a marihuana business permit constitutes consent to
the examination and inspection of the business as a public premise
without a search warrant, and consent to seizure of any surveillance
records, camera recordings, reports, or other materials required as
a condition of a marihuana business permit without a search warrant.
D.
A licensee, or an employee or agent of the licensee, shall not threaten,
hinder or obstruct a law enforcement officer or a Village inspector
or investigator in the course of making an examination or inspection
of the licensed premises and shall not refuse, fail, or neglect to
cooperate with a law enforcement officer, inspector, or investigator
in the performance of his or her duties to enforce this article, the
MMFLA, MRTMA, or applicable state administrative rules.
To the extent the state adopts in the future any additional
or stricter law or regulation governing the sale or distribution of
marihuana, the additional or stricter regulation shall control the
establishment or operation of any marihuana commercial business in
the Village. Compliance with any applicable state law or regulation
shall be deemed an additional requirement for issuance or denial of
any permit under this article, and noncompliance with any applicable
state law or regulation shall be grounds for revocation or suspension
of any permit issued hereunder.
A.
Any person, including, but not limited to, any licensee, manager
or employee of a marihuana commercial operation, or any customer of
such business, who violates any of the provisions of this article
shall be responsible for a municipal civil infraction punishable by
a civil fine of $500, plus court-imposed costs and any other relief
that may be imposed by the court.
B.
In addition to any civil fine imposed for a municipal civil infraction
violation, a violation of this article shall also be sufficient grounds
for the suspension, revocation or nonrenewal of the Village operating
permit.
C.
In addition to the possible denial, suspension, revocation or nonrenewal
of the permit issued under the provisions of this article, the Village
Attorney is authorized to seek such other relief that may be available
and provided by law or equity, including filing a public nuisance
action or seeking injunctive relief against a person alleged to be
in violation of this article or the Village Zoning Code.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, said portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this article.
This article shall become effective 45 days after its enactment.
