[HISTORY: Adopted by the Township Board of Trustees of
the Charter Township of Pittsfield 5-25-2022 by Ord. No. 336.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 25, Marihuana
Establishments, adopted 10-23-2019 by Ord. No. 334.
Words used herein shall have the definitions as provided for
in Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Marihuana
Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana
Tracking Act, MCL 333.27901 et seq.; and Michigan Regulation and Taxation
of Marihuana Act, MCL 333.27951 et seq., as may be amended (the "State
Marihuana Laws").
A.Â
The following medical marihuana facilities may be authorized to operate
within the Township by the holder of a state operating license, subject
to compliance with the State Marihuana Laws, as may be amended, the
Rules promulgated thereunder and this article:
(1)Â
An unlimited number of growers shall be authorized in the Township,
including Class A 1and Class B growers.
(2)Â
An unlimited number of processors shall be authorized in the Township.
(3)Â
An unlimited number of provisioning centers shall be authorized in
the Township.
(4)Â
An unlimited number of safety compliance facilities shall be authorized
in the Township.
(5)Â
An unlimited number of secure transporters shall be authorized in
the Township.
B.Â
After receiving all required Township zoning approval, applicants
shall submit a marihuana permit application, any required supporting
materials, including the applicant's social equity/inclusion
program, and the fee to the Clerk's office.
C.Â
The Clerk's office will grant the marihuana facility licensing
permit and execute an attestation for the applicant to submit to the
state.
D.Â
An applicant shall provide proof that the applicant has received
a state operating license for the medical marihuana facility in the
Township, to the Clerk's office.
E.Â
If an applicant fails to obtain a state operating license within
one year of receiving attestation from the Clerk, the Township permit
shall be automatically cancelled by the Clerk. The Township Board
shall have the authority to extend the deadline to obtain full authorization
for up to two additional six-month periods on written request of the
applicant, which must be made at least 30, but not more than 45, days
prior to the automatic cancellation, upon the reasonable discretion
of the Township Board finding good cause for the extension.
A.Â
An authorized medical marihuana facility shall only be operated within
the Township by the holder of a state operating license issued pursuant
to the State Marihuana Laws, as may be amended, and the Rules promulgated
thereunder. The facility shall only be operated as long as the state
operating license remains in effect.
B.Â
Prior to operating an authorized medical marihuana facility within
the Township pursuant to a state operating license, the facility must
comply with all applicable zoning regulations. The facility shall
only be operated as long as it remains in compliance with all applicable
zoning ordinance regulations.
C.Â
Prior to operating an authorized medical marihuana facility within
the Township pursuant to a state operating license, the facility must
comply with all Township construction and building ordinances, all
other Township ordinances specifically regulating medical marihuana
facilities, and generally applicable Township police power ordinances.
The facility shall only be operated as long as it remains in compliance
with all such ordinances now in force or which hereinafter may be
established or amended.
D.Â
An authorized medical marihuana facility shall consent to inspection
of the facility by Township officials and the Pittsfield Township
Police Department during hours of operation to verify compliance with
this article.
E.Â
If at any time an authorized medical marihuana facility violates
this article, the Township Board may request that the state revoke
or refrain from renewing the facility's state operating license.
Once such state operating license is revoked or fails to be renewed
the Clerk shall cancel the Township authorization.
F.Â
It is hereby expressly declared that nothing in this article be held
or construed to give or grant to any authorized medical marihuana
facility a vested right, license, privilege or permit to continued
authorization from the Township for operations within the Township.
G.Â
The Township expressly reserves the right to amend or repeal this
article in any way, including, but not limited to, complete elimination
of or reduction in the type and/or number of authorized medical marihuana
facilities authorized to operate within the Township.
There is hereby established an annual nonrefundable Township
medical marihuana facility fee in the amount of $5,000, for each authorized
medical marihuana facility within the Township, to help defray administrative
and enforcement costs associated therewith. An initial annual medical
marihuana facility fee of $5,000 shall be payable at the time of application
for Township authorization and thereafter the same amount shall be
payable each year by the anniversary of the date of full Township
authorization to operate the medical marihuana facility. Together
with the annual medical marihuana facility fee, each authorized medical
marihuana facility must certify, on a form provided by the Township,
that no material information has changed since the most recent application
or certification provided by the facility, or detailing changes in
material information. This certification must include applicant's
self-reported conformance with its social equity/inclusion program,
or amendments to its social equity/inclusion program. For purposes
of this article, material information includes, but is not necessarily
limited to, information relating to ownership, criminal or other legal
violations, and any other information which the State of Michigan
requires to be reported by marihuana facilities.
A.Â
Any person who disobeys, neglects or refuses to comply with any provision
of this article or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this article.
A violation of this article is deemed to be a nuisance per se.
B.Â
A violation of this article is a municipal civil infraction, for
which the fines shall not be less than $100 nor more than $500 for
the first offense and not less than $250 nor more than $500 for subsequent
offenses, in the discretion of the Court. For purposes of this section,
"subsequent offenses" means a violation of the provisions of this
article committed by the same person within 12 months of a previous
violation of the same provision of this article for which said person
admitted responsibility or was adjudicated to be responsible. The
foregoing sanctions shall be in addition to the rights of the Township
to proceed at law or equity with other appropriate and proper remedies.
Additionally, the violator shall pay costs which may include all expenses,
direct and indirect, which the Township incurs in connection with
the municipal civil infraction as allowed under MCL 600.8727 and/or
MCL 600.8735.
C.Â
Each day during which any violation continues shall be deemed a separate
offense.
D.Â
In addition, the Township may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
E.Â
This article shall be administered and enforced by the Ordinance
Enforcement Officer, any Township police officer, or by such other
person(s) as designated by the Township Board from time to time.
The provisions of this article are hereby declared to be severable.
If any clause, sentence, word, section or provision is hereafter declared
void or unenforceable for any reason by a court of competent jurisdiction,
it shall not affect the remainder of such ordinance which shall continue
in full force and effect. The provisions herein shall be construed
as not interfering or conflicting with the statutory regulations for
licensing marihuana facilities pursuant to the State Marihuana Laws,
as may be amended.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
This article shall take effect 30 days after publication.
Words used herein shall have the definitions as provided for
in Michigan Medical Marihuana Act, MCL 333.26421, et seq.; the Marihuana
Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana
Tracking Act, MCL 333.27901 et seq.; and Michigan Regulation and Taxation
of Marihuana Act, MCL 333.27951 et seq., as may be amended (the "State
Marihuana Laws").
A.Â
The following marihuana establishments may be authorized to operate
within the Township by the holder of a state operating license, subject
to compliance with the State Marihuana Laws, as may be amended, the
Rules promulgated thereunder and this article:
(1)Â
An unlimited number of growers shall be authorized in the Township,
including Class A and Class B growers.
(2)Â
An unlimited number of processors shall be authorized in the Township.
(3)Â
An unlimited number of retailers shall be authorized in the Township.
(4)Â
An unlimited number of safety compliance facilities shall be authorized
in the Township.
(5)Â
An unlimited number of secure transporters shall be authorized in
the Township.
(6)Â
Zero microbusinesses shall be authorized in the Township.
B.Â
After receiving all required Township zoning approval, applicants
shall submit a marihuana permit application, any required supporting
materials, including the applicant's social equity/inclusion
program, and the fee to the Clerk's office.
C.Â
The Clerk's office will grant the marihuana establishment licensing
permit and execute an attestation for the applicant to submit to the
state.
D.Â
An applicant shall provide proof to the Clerk that the applicant
has received a state operating license for the marihuana establishment
in the Township, to the Clerk.
E.Â
If an applicant fails to obtain a state operating license within
one year of receiving attestation from the Clerk, the Township permit
shall be automatically cancelled by the Clerk. The Township Board
shall have the authority to extend the deadline to obtain full authorization
for up to two additional six-month periods on written request of the
applicant, which must be made at least 30, but not more than 45, days
prior to the automatic cancellation, upon the reasonable discretion
of the Township Board finding good cause for the extension.
A.Â
An authorized marihuana establishment shall only be operated within
the Township by the holder of a state operating license issued pursuant
to the State Marihuana Laws, as may be amended, and the Rules promulgated
thereunder. The establishment shall only be operated as long as the
state operating license remains in effect.
B.Â
Prior to operating an authorized marihuana establishment within the
Township pursuant to a state operating license, the establishment
must comply with all applicable zoning regulations. The establishment
shall only be operated as long as it remains in compliance with all
applicable zoning ordinance regulations.
C.Â
Prior to operating an authorized marihuana establishment within the
Township pursuant to a state operating license, the establishment
must comply with all Township construction and building ordinances,
all other Township ordinances specifically regulating marihuana establishments,
and generally applicable Township police power ordinances. The establishment
shall only be operated as long as it remains in compliance with all
such ordinances now in force or which hereinafter may be established
or amended.
D.Â
An authorized marihuana establishment shall consent to inspection
of the establishment by Township officials and the Pittsfield Township
Police Department during hours of operation to verify compliance with
this article.
E.Â
If at any time an authorized marihuana establishment violates this
article, the Township Board may request that the state revoke or refrain
from renewing the establishment's state operating license. Once
such state operating license is revoked or fails to be renewed, the
Clerk shall cancel the Township authorization.
F.Â
It is hereby expressly declared that nothing in this article be held
or construed to give or grant to any authorized marihuana establishment
a vested right, license, privilege or permit to continued authorization
from the Township for operations within the Township.
G.Â
The Township expressly reserves the right to amend or repeal this
article in any way, including, but not limited to, complete elimination
of or reduction in the type and/or number of authorized marihuana
establishments authorized to operate within the Township.
There is hereby established an annual nonrefundable Township
marihuana establishment fee in the amount of $5,000, for each authorized
marihuana establishment within the Township, to help defray administrative
and enforcement costs associated therewith. An initial annual marihuana
establishment fee of $5,000 shall be payable at the time of application
for Township authorization and thereafter the same amount shall be
payable each year by the anniversary of the date of full Township
authorization to operate the marihuana establishment. Together with
the annual marihuana establishment fee, each authorized marihuana
establishment must certify, on a form provided by the Township, that
no material information has changed since the most recent application
or certification provided by the establishment, or detailing changes
in material information. This certification must include applicant's
self-reported conformance with its social equity/inclusion program,
or amendments to its social equity/inclusion program. For purposes
of this article, material information includes, but is not necessarily
limited to, information relating to ownership, criminal or other legal
violations, and any other information which the State of Michigan
requires to be reported by marihuana facilities.
A.Â
Any person who disobeys, neglects or refuses to comply with any provision
of this article or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this article.
A violation of this article is deemed to be a nuisance per se.
B.Â
A violation of this article is a municipal civil infraction, for
which the civil fines shall not be less than $100 nor more than $500
for the first offense and not less than $250 nor more than $500 for
subsequent offenses, in the discretion of the Court. For purposes
of this section, "subsequent offenses" means a violation of the provisions
of this article committed by the same person within 12 months of a
previous violation of the same provision of this article for which
said person admitted responsibility or was adjudicated to be responsible.
The foregoing sanctions shall be in addition to the rights of the
Township to proceed at law or equity with other appropriate and proper
remedies. Additionally, the violator shall pay costs which may include
all expenses, direct and indirect, which the Township incurs in connection
with the municipal civil infraction as allowed under MCL 600.8727
and/or MCL 600.8735.
C.Â
Each day during which any violation continues shall be deemed a separate
offense.
D.Â
In addition, the Township may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
E.Â
This article shall be administered and enforced by the Ordinance
Enforcement Officer, any Township police officer, or by such other
person(s) as designated by the Township Board from time to time.
The provisions of this article are hereby declared to be severable.
If any clause, sentence, word, section or provision is hereafter declared
void or unenforceable for any reason by a court of competent jurisdiction,
it shall not affect the remainder of such ordinance which shall continue
in full force and effect. The provisions herein shall be construed
as not interfering or conflicting with the statutory regulations for
licensing marihuana facilities pursuant to the State Marihuana Laws,
as may be amended.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
This article shall take effect 30 days after publication.