[HISTORY: Adopted by the Township Board of the Township of
Three Oaks 6-12-2023 by Ord. No. 63[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 227,
Marihuana Establishments, adopted 12-10-2018 by Ord. No. 54, amended
in its entirety 6-10-2019 by Ord. No. 55.
This chapter shall be known and may be cited as the "Township
of Three Oaks Regulation of Marihuana Ordinance."
The purpose of this chapter is to promote the public health,
safety, security, and welfare by regulating marihuana facilities,
including medical marihuana establishments and adult use marihuana
establishments, which include marihuana growers, marihuana safety
compliance, marihuana processers, marihuana microbusinesses, marihuana
retailers, marihuana secure transporters, and marihuana provisioning
centers. The Township finds that these facilities and related activities
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, policing, health, and sanitation
practices related to such facilities and related activities and also
to provide a method to defray administrative costs incurred by such
regulation and enforcement. It is not the intent of this chapter to
diminish, abrogate, or restrict the protections for recreational marihuana
use found in the Michigan Medical Marihuana Facility Licensing Act
("MMFLA")[1] or medical marihuana use found in the Michigan Regulation
and Taxation of Marihuana Act ("MRTMA").[2]
As used in this chapter, the following terms shall have the
meanings indicated:
Entity or individual seeking a municipal permit under this
chapter.
A written request upon a form provided by the Township for
a municipal permit to operate a marihuana facility under this chapter.
A non-refundable, one-time application fee of $5,000 as set
by the resolution of the Three Oaks Township Board of Trustees and
that the applicant shall submit concurrent with its initial submission
of any individual application under this chapter for the processing
of an application.
That the Clerk for the Township of Three Oaks has determined
that the submitted application is complete.
That the Board for the Township of Three Oaks has approved
the applicant for a municipal permit contingent upon the State of
Michigan issuing a license for operation under state law.
The Michigan Department of Licensing and Regulatory Affairs.
A licensee that is a commercial entity located in the State
of Michigan that cultivates, dries, trims, and/or cures and packages
marihuana for sale to a processor or provisioning center.
The person, or entity, who applied for a municipal permit
and to which the municipal permit was approved and issued to that
named applicant.
Current and valid permission from the State of Michigan so
issued under the MRTMA or MMFLA.
Is a person or entity holding a state operating license issued
under the MRTMA or MMFLA.
That term as defined in the MRTMA and MMFLA.
Includes a marihuana grower, retailer, microbusiness, processor,
safety compliance facility, and/or secure transporter under the MRTMA
and a grower, provisioning center, processor, safety compliance facility,
and/or secure transporter under the MMFLA.
A person licensed under the MRTMA to cultivate not more than
150 marihuana plants; process and package marihuana; and sell or otherwise
transfer marihuana to individuals who are 21 years of age or older
or to a marihuana safety compliance facility, but not to other marihuana
establishments.
The Medical Marihuana Facilities Licensing Act.
The Michigan Regulation and Taxation of Marihuana Act.
A license of permission as issued by the Board for the Township
of Three Oaks under Section 6 of the MRTMA or Section 205 of the MMFLA
and subject to this chapter.
An individual, corporation, business, entity, limited-liability
company, partnership, limited partnership, limited-liability partnership,
limited-liability limited partnership, trust, or other legal entity.
A person licensed under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan that purchases marihuana from
a grower and packages the marijuana and/or extracts resin from the
marihuana and/or creates a marihuana-infused product for sale and
transfers that packaged form to a provisioning center or another processor.
A licensee under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan 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.
A person or entity so licensed under the MRTMA to obtain
marihuana from marihuana establishments and to sell or otherwise transfer
marihuana to marihuana establishments and to individuals who are 21
years of age or older.
A licensee under the MRTMA or MMFLA that is a commercial
entity that takes marihuana from a marihuana facility or receives
marihuana from a registered primary caregiver, tests the marihuana
for contaminants and for tetrahydrocannabinol and other cannabinoids,
returns the test results, and may return the marihuana to the marihuana
facility.
A licensee under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan that stores marihuana and
transports marihuana between marihuana facilities.
Means "applicant" as defined under the administrative rules
promulgated by the agency under the authority of the MMFLA, the Marihuana
Tracking Act,[1] the MRTMA, and Executive Reorganization Order No. 2019-2,
MCL 333.27001.
[1]
Editor's Note: See § 333.27901 et seq.
A.Â
The Township hereby authorizes, subject to the issuance of a Township
municipal permit, or "permit," by the Township Clerk, the following
marihuana facilities within the boundaries of the Township, as are
authorized pursuant to Section 205(1) of the MMFLA and Section 6.1
of the MRTMA.
B.Â
The types of marihuana facilities and the number authorized pursuant
to this chapter are:
|
Type of Facility
|
Number Authorized
|
|---|---|
|
Marihuana retailer
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana microbusiness
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana processor
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana safety compliance facility
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana secure transporter
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana provisioning centers
|
0 [or] Unlimited/Zoning Dependent
|
|
Marihuana event organizers
|
0 [or] Unlimited
|
|
Grower-Class A (500 Marihuana Plants)
|
Unlimited/Zoning Dependent
|
|
Grower-Class B (1000 Marihuana Plants)
|
Unlimited/Zoning Dependent
|
|
Grower-Class C (1500 Marihuana Plants)
|
Unlimited/Zoning Dependent
|
C.Â
Nothing in this chapter shall be construed to prohibit an MRTMA licensed
marihuana grower, processor, or retailer from operating at a location
shared with a MMFLA licensed marihuana grower, processor, or retailer.
D.Â
No other license types, permit types, or other types of marihuana
facilities, as may otherwise be established by the rules promulgated
pursuant to the MMFLA and/or the MRTMA, shall be authorized in the
Township.
E.Â
A nonrefundable municipal permit application fee in the amount of
$5,000 shall be paid by each marihuana facility applying for a municipal
permit under this chapter. The municipal permit application fee is
in addition to any other fees required, including, but not limited
to, zoning fees.
A.Â
No person shall operate a marihuana facility in the Township without
a valid municipal permit issued by the Township pursuant to the provisions
of this chapter.
B.Â
No person shall be issued a municipal permit by the Township without
first having obtained a special land use permit authorizing the operation
of the marihuana facility pursuant to the Township of Three Oaks Zoning
Ordinance.[1]
(1)Â
All marihuana facilities under this chapter must receive site plan
approval and/or a special land use permit from the Township's
Planning Commission by a majority vote of those members present.
(2)Â
The Planning Commission determines the appropriateness of the location
of the marihuana facilities subject to location requirements and restrictions
set forth in the Township's Zoning Ordinance.
(3)Â
The Planning Commission determines the appropriateness for using
an existing building for a marihuana facilities, and any applicable
certificate of occupancy, per the Township's Zoning Ordinance
and any required site plans and building plans submitted so required
under the Zoning Ordinance and/or special land use permitting application
process.
C.Â
No person who is, or within the preceding 24 months was, employed
by the Township, acts as a consultant for the Township, or acts as
an advisor to the Township, and is involved in the implementation,
administration or enforcement of this chapter shall have an interest,
directly or indirectly, in a marihuana facility.
D.Â
Every applicant for a municipal permit to operate a marihuana facility
shall file an application in the Township Clerk's office upon
a form provided by the Township.
E.Â
The application shall include:
(1)Â
The appropriate nonrefundable municipal permit application fee in
the amount determined by this chapter;
(2)Â
If the applicant is an individual: the applicant's name; date
of birth; social security number; physical address, including residential
and any business address; copy of government- issued photo identification;
email address; one or more phone numbers, including emergency contact
information, and signature on the application denoting that the information
in the application is accurate and truthful;
(3)Â
If the applicant is not an individual: the names; dates of birth;
physical addresses, including residential and any business address;
copy of government-issued photo identifications; email address; and
one or more phone numbers of each stakeholder of the applicant, including
designation of the highest-ranking representative as an emergency
contact person; contact information for the emergency contact person;
articles of incorporation or organization; assumed name registration;
Internal Revenue Service EIN confirmation letter; copy of the operating
agreement of the applicant, if a limited-liability company; copy of
the partnership agreement, if a partnership; names and addresses of
the beneficiaries, if a trust; or a copy of the bylaws or shareholder
agreement, if a corporation, and the signature on the application
of a duly appointed agent of the entity that serves to denote that
the information in the application is accurate and truthful;
(4)Â
The percentage ownership of each stakeholder;
(5)Â
The name and address of the proposed marihuana facility;
(6)Â
A copy of the special land use permit issued by the Township of Three
Oaks Planning Commission;
(7)Â
A location area map of the marihuana facility and surrounding area that identifies the relative locations and the distances (closest property line to the subject marihuana facility's building) reflecting the applicant's compliance with any applicable separation distance requirements (and subject to prior approval per § 227-5B;
(8)Â
A signed acknowledgment that the applicant is aware and understands
that all matters related to marihuana growing, cultivation, possession,
testing, safety compliance and transporting are currently subject
to State of Michigan and federal laws, rules and regulations, and
that the approval or granting of a permit hereunder does not provide
immunity, exonerate, or exculpate the applicant from abiding by the
provisions and requirements and penalties associated with those laws,
rules, and regulations, or exposure to any penalties associated therewith;
and further, the applicant waives and forever releases any claim,
demand, action, legal redress, or recourse against the Township, its
elected and appointed officials, and its employees and agents for
any claims, damages, liabilities, causes of action or attorney fees
that the applicant may incur as a result of the violation by the applicant,
its stakeholders and its agents of those laws, rules, and regulations;
and
(9)Â
Signed acknowledgments in a form approved by the Township verifying
that the applicant and any associated stakeholder(s) are not in default
to the Township; verifying that the applicant and any associated stakeholders
are authorized to submit the application; and verifying whether the
applicant or operator has had a business license revoked or suspended,
and if revoked or suspended, then the reason(s) for such revocation
or suspension.
(10)Â
Any other or additional information that may be requested by
the Township Clerk.
F.Â
An initial application period following the effective date of this
chapter shall be set by the Township Board by a resolution. The Township
shall begin accepting applications on the first day of the initial
application period and shall cease accepting applications at close
of business of the last day of the initial application period as so
specified in the resolution. Following the close of the initial application
period, the Township Board shall review each application once it has
received conditional authorization. The Township Board may, upon its
own discretion, and after the approval of a related Resolution, allow
additional specified application periods after the expiration of the
first initial period.
G.Â
Upon receipt of an application, including application fee and other
documents referenced herein, the Township Clerk office, with assistance
of the Zoning Administrator and/or the Building Inspector, shall review
the application within 14 days to determine whether the application
is complete. Complete applications shall receive conditional authorization.
Incomplete applications will be denied. The Township Clerk shall notify
the applicant of the grant or denial of the conditional authorization
by first-class mail. In the event of a denial, the applicant shall
have 14 days from the mailing date of the denial to correct deficiencies.
Should the applicant timely correct all deficiencies, the Township
Clerk shall issue a conditional authorization. Following the issuance
of the conditional authorization, the application fee shall be nonrefundable.
If the applicant does not correct the deficiencies then the application
is deemed withdrawn and the application fee is forfeited to the Township.
A denial, or withdrawal, of an application does not prohibit the applicant
from submitting subsequent applications subject to applicable fees.
H.Â
The Township Board shall review conditionally authorized applications
as provided herein to determine whether such applicants will receive
a conditional permit subject to this chapter.
I.Â
The Township Board shall review all conditionally authorized applications
at a public meeting and the Township Board may require the applicant
and one or more stakeholder to be present at the public meeting.
J.Â
All conditional permits issued are contingent upon the State of Michigan
issuing a license for operation under state law.
K.Â
Within 30 days from the applicant submitting proof of obtaining a
state operating license and completing all other required permits
and approvals required by the Township, the Township shall issue a
municipal permit.
L.Â
If a conditionally permitted applicant fails to obtain a municipal
permit from the Township within one year from the date of the conditional
license, then such conditional license shall be canceled by the Township
Supervisor unless the Township Supervisor extends such conditional
license for good cause shown, where good cause means a reasonable
excuse not solely based on the delay of the applicant.
The following minimum standards shall apply to all marihuana
facilities within the Township:
A.Â
A marihuana facility must obtain a municipal permit and a state license
prior to opening for business.
B.Â
Marihuana facilities shall comply at all times and in all circumstances
with the MRTMA and MMFLA, applicable Michigan laws, and the general
rules of the Department, as they may be amended from time to time.
It is the responsibility of the owner(s) and/or stakeholder(s) of
a marihuana facility and/or holder of a municipal permit to be aware
of changes in the MRTMA and MMFLA. The Township bears no responsibility
for failure of the owner(s) and/or stakeholder(s) of a marihuana facility
and/or holder of a municipal permit to be aware of, and comply with,
changes in the MRTMA and MMFLA.
C.Â
Consumption and/or use of marihuana shall be prohibited at a marihuana
facility.
D.Â
All activity related to a marihuana facility shall be conducted indoors.
E.Â
All marihuana facilities shall be contained within buildings that
are locked and secured, in accordance with the MMFLA and MRTMA.
F.Â
Outdoor storage of marihuana in any form or at any phase in processing
is prohibited.
G.Â
No person under the age of 21 shall be allowed to enter into the
marihuana facility without a parent or legal guardian.
H.Â
The marihuana facility must post a sign, in a position viewable to
all persons who enter the marihuana facility, which states the following:
I.Â
All marihuana facilities shall maintain an appropriate security system
at all times and such security system must meet the state law requirements
and regulations.
J.Â
A marihuana facility must fully comply with all Township ordinances
(including but not limited to blight, disposal of waste, discharge
of wastewater, etc.) as well as in compliance with local building
codes, local fire codes, and the Michigan Fire Protection Code at
all times.
A.Â
A municipal permit issued under this chapter may be revoked by the
Township Board at a public meeting at which it is determined that
grounds for revocation under this chapter exists. Notice of the time
and place of the hearing and the grounds for revocation must be given
to the holder of a municipal permit at least five days prior to the
date of the hearing by first-class mail to the address given on the
permit application. A holder of a municipal permit whose permit is
the subject of such hearing may present evidence and/or call witnesses
at the hearing.
B.Â
A municipal permit applied for or issued under this chapter may be
denied or revoked on any of the following grounds:
(1)Â
A violation of this chapter;
(2)Â
Any conviction related to the delivery of a controlled substance
to a minor;
(3)Â
Township finding of fraud, misrepresentation, or the making of a
false statement by the applicant, or any stakeholder of the applicant,
while engaging in any activity for which this chapter requires a municipal
permit or in connection with the application for a municipal permit
or request to renew a municipal permit;
(4)Â
Sufficient evidence that the applicant or Holder of a municipal permit
lacks, or has failed to demonstrate, the requisite professionalism
and/or business experience required to assure strict adherence to
this chapter, and the rules and regulations governing the MRTMA and
MMFLA;
(5)Â
The holder of the municipal permit, owner(s), or any of stakeholder(s)
is in default to the Township personally or in connection with any
business in which they hold an ownership interest for failure to pay
property taxes, special assessments, fines, fees or any other financial
obligation;
(6)Â
The marihuana facility is in violation of other Three Oaks Township
ordinances related to public safety, blight, trash/debris, neglect
of property, or any other ordinance(s) related to public health and/or
public safety issue;
(7)Â
The Township has determined that the marihuana facility is a public
nuisance;
(8)Â
The holder of the municipal permit has allowed the marihuana facility's
State of Michigan operating license to expire; and/or
(9)Â
The Department has denied, revoked, or suspended the applicant's
State of Michigan operating license.
A.Â
A municipal permit is only valid for one year from the date of issuance,
unless revoked as provided by law, including this chapter.
B.Â
A valid municipal permit may be renewed on an annual basis by submitting
a renewal application upon a form provided by the Township with payment
of the nonrefundable $5,000 annual permit fee.
C.Â
Applications to renew a municipal permit shall be filed with the
Township Clerk at least 30 days prior to the date the current permit's
expiration.
D.Â
Upon receipt of an application to renew a municipal permit, the Township
Clerk or other authorized Township official shall review the application
within 14 days to determine whether the application is complete.
E.Â
As long as no changes to the municipal permit have occurred, there
are no pending requests to revoke or suspend the municipal permit
or State of Michigan operating license, and the applicant paid the
permit renewal fee, the Township Clerk shall renew the municipal permit
for another one-year period.
F.Â
The Township Clerk shall notify the applicant of the grant or denial
of the renewal by first-class mail.
G.Â
In the event of a denial, the applicant shall have 14 days from the
mailing date of the denial to correct any stated deficiencies. Should
the applicant timely correct all deficiencies, the Township Clerk
shall renew the municipal permit for another year. If deficiencies
are not corrected, or cannot be corrected, then the application for
renewal shall be denied and the current permit expires in its due
course.
A.Â
Any action, inaction, or act that is a violation of the MRTMA, including
but not limited to MCL 333.27954, or any amendment thereto, shall
also be considered a violation of this chapter. It shall be unlawful
to consume marihuana in a public place in the Township of Three Oaks,
except in a location as may be designated by the MRTMA, MMFLA, or
the Township Board.
B.Â
Nothing in the ordinance shall be construed to allow or condone individuals
under the age of 21 years to permissibly use, possess, purchase, sell,
or distribute marijuana.
C.Â
Nothing in this chapter is intended to grant immunity from criminal
or civil prosecution, penalty, or sanction for the cultivation, manufacture,
possession, use, sale, or distribution of marihuana, in any form,
that is not in full compliance with the Michigan Medical Marihuana
Facility Licensing Act,[1] the Michigan Regulation and Taxation of Marihuana Act,[2] the Marihuana Tracking Act,[3] and all other applicable rules and criminal laws promulgated
by the State of Michigan.
D.Â
As of the effective date of this chapter, marihuana remains classified
as a Schedule 1 controlled substance under the Federal Controlled
Substances Act, 21 U.S.C. Sec. 801, et seq., which makes it unlawful
to manufacture, distribute, or dispense marihuana, or possess, use,
or intend to manufacture or sell marihuana. Nothing in this chapter
is intended to grant immunity from any criminal prosecution under
federal law.
A.Â
All requests for appeal of any decision subject to this chapter shall
be made, in writing, and issued to the Township Clerk. The word "appeal"
must be stated in the writing and the decision appealed must be specified,
in writing. The writing must also include detailed information and
supporting documentation for any and all points the person appealing
wishes the Township Board to consider or reconsider. Any vague or
incomplete request for appeal will be rejected by the Township Board.
B.Â
The Township Board shall set the matter for consideration within
31 calendar days of the date of appeal and shall provide the appealing
person with a minimum of five days written notice of the date/time
of the Board meeting for consideration.
C.Â
The Township Board may consider the matter at either a regular meeting
of the Board or at a special meeting of the Board at the discretion
of the Township Supervisor and/or Township Clerk.
D.Â
The appealing person must appear at the designated Board meeting
or they will have forfeited their right to due process.
E.Â
A majority vote of the members of a quorum of the Township Board
shall be necessary to reverse a decision, order, denial of application,
revocation of municipal permit, fine, or other determination made
by the Township Board, Township Clerk, Zoning Official, Building Official,
or any other Township administrative official in their interpretation
of this chapter and any act, or inaction, made subject to this chapter.
F.Â
The Township Board's decision as to the appeal shall be final.
The provisions of this chapter shall be applicable to all persons,
facilities, applicants, and businesses described herein, including
if the operations or activities are associated with a marihuana facility
and were established without authorization before the effective date
of this chapter.
A.Â
Any person who violates any of the provisions of this chapter shall be responsible for a municipal civil infraction and subject to the payment of a civil fine of $500, plus costs, except that a violation of § 227-9 by consuming marihuana in a public place is a civil infraction and subject to the payment of a civil fine of up to $100 for a first offense, $200 for a second offense, and $300 for each offense thereafter. Each day a violation of this chapter continues to exist constitutes a separate violation. A violator of this chapter shall also be subject to such additional sanctions, remedies and judicial orders as are authorized under Michigan law.
B.Â
A violation of this chapter is deemed to be a nuisance per se. In
addition to any other remedy available at law, the Township may bring
an action for an injunction or other process against a licensee to
restrain, prevent, or abate any violation of this chapter.
C.Â
Any person who operates a marihuana business without a license or
otherwise not in compliance with this chapter shall be deemed a nuisance
per se and may be abated as provided by law.
D.Â
This chapter may be enforced and administered by the Township Clerk,
any Township of Three Oaks police officer, Township Supervisor or
such other Township official as may be designated from time to time
by resolution of the Township Board.
In the event that any one or more sections, provisions, phrases
or words of this chapter shall be found to be invalid by a court of
competent jurisdiction, such holding shall not affect the validity
or the enforceability of the remaining sections, provisions, phrases
or words of this chapter.
This chapter shall take effect 40 days after its adoption and
publication as prescribed by law.
