[HISTORY: Adopted by the City Council of the City of Bridgman as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A Permit Fee and Insurance Schedule
[Adopted 5-2-2022 by Ord. No. 2022-211[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 320, Marihuana Establishments, adopted 12-3-2018 by Ord. No. 2018-203.
The City of Bridgman is uniquely located near a major interstate highway that easily connects Southwest Michigan to the Central and Eastern parts of the state. It is the City's intent to allow a secure marihuana transporter to locate in the industrial and transitional areas near the I-94 corridor, and to regulate this facility to the extent they are permitted under the Michigan Medical Marihuana Facilities Licensing Act. The City does not intend that permitting and regulation under this article be construed as a finding that such facilities comply with any law. By requiring a City MMF permit and compliance with the requirements of this article, the City intends to protect the public health, safety and welfare by:
A. 
Promoting the safe transportation of medical marihuana to nearby facilities;
B. 
Disallowing the retail sale of marihuana and marihuana products in the City of Bridgman;
C. 
Preserving and protecting the health, safety, and welfare of the residents of the City and the general public by locating transportation facilities near a major interstate;
D. 
Establishing standards and procedures by which the siting, operating, and maintaining of a medical marihuana facility shall be governed.
A. 
Words and phrases contained in the Medical Marihuana Facilities Licensing Act ("MMFLA").[1] This article contains many words and phrases that are defined in the MMFLA. As used in this article, they have the same meaning as provided in the MMFLA, except that if at any time the definition of a word or phrase set forth in this section conflicts with the definition in the MMFLA, then the definition in the MMFLA shall apply. The following words and phrases are, and mean, as follows:
GROWER
A licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.
LICENSEE
A person holding a state operating license.
MARIHUANA
That term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCLA § 333.7106.
MARIHUANA FACILITY
A location at which a license holder is licensed to operate under the MMFLA.
MARIHUANA PLANT
Any plant of the species Cannabis sativa L.
MARIHUANA-INFUSED PRODUCT
A topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. A marihuana-infused product shall not be considered a food for purposes of the Food Law, 2000 PA 92, MCLA § 289.1101 to 289.8111.
MICHIGAN MEDICAL MARIHUANA ACT
The Michigan Medical Marihuana Act, MCLA §§ 333.26421 to 333.26430.
PERSON
An individual, corporation, limited-liability company, partnership, limited partnership, limited-liability partnership, limited-liability limited partnership, trust, or other legal entity.
PLANT
Any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
PROCESSOR
A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
PROVISIONING CENTER
A licensee that is a commercial entity located in this state 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 noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this act.
RULES
Rules promulgated under the Administrative Procedures Act of 1969, 1969 PA 306, MCLA §§ 24.201 to 24.328, by the Department in consultation with the Board to implement this act, which shall include, but is not limited to, emergency rules issued under the Administrative Procedures Act.
SAFETY COMPLIANCE FACILITY
A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
SECURE TRANSPORTER
A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
STATE OPERATING LICENSE or LICENSE
Unless the context requires a different meaning, a license that is issued under this act that allows the licensee to operate as a secure transporter.
[1]
Editor's Note: See MCLA 333.27101 et seq.
B. 
Other words and phrases. The words and phrases in this article, as used in this article, shall have the following meanings:
APPLICANT
A person as defined by MCLA § 333.27102 (i.e., the applicant/licensee under the state license) who applies for a City MMF permit for a secure transporter.
AUTHORIZED PERSON
(1) 
An owner of a secure transporter;
(2) 
The directors, officers, members, partners, and individuals of a medical marihuana facility that is a corporation, limited-liability company, partnership, or sole partnership.
(3) 
Any person who is in charge of and on the premises of the medical marihuana facility during business hours.
CLASS A GROWER
A grower of not more than 500 marihuana plants.
CLASS B GROWER
A grower of not more than 1,000 marihuana plants.
CLASS C GROWER
A grower of not more than 1,500 marihuana plants.
CONDITIONAL APPROVAL MMF PERMIT
Ninety-day authorization to the applicant to apply for and seek site plan review approval, and building/trade permits. A conditional approval MMF permit does not authorize use of a facility.
FACILITY
"Marihuana facility" as defined in the MMFLA.
LICENSEE
A person holding a City MMF permit under this article.
MARIHUANA
"Marihuana" as defined in the MMFLA.
MARIHUANA FACILITY
"Marihuana facility"as defined in the MMFLA.
MEDICAL MARIHUANA FACILITIES LICENSING ACT and MMFLA
Public Act 281 of 2016, MCLA § 333.27101 et seq.
MMF PERMIT ON-SITE OPERATOR
A person who generally oversees, manages, and/or supervises operations of the MMF permit business and is generally on the site during the majority of each business day of the MMF permit business.
MMF PERMIT or PERMIT
Unless the context requires a different meaning, a medical marihuana facilities permit that is issued under this article that allows the permittee to operate as a secure transporter.
PERSON
The entities included in the definition of "person" in the definition of "person" in the MMFLA.
Pursuant to the MMFLA, the City of Bridgman authorizes the operation in the City of the following marihuana facility, provided they possess a state operating license issued under the MMFLA and they comply with the additional requirements of this article and the City Zoning Ordinance,[1] and all other applicable laws, administrative rules, and ordinances:
A. 
Secure transporter: one permit authorized.
[1]
Editor's Note: See Ch. 550, Zoning.
The following facilities are not authorized or allowed within the City of Bridgman:
A. 
Growers, including Class A grower; Class B grower; and Class C grower.
B. 
Processors.
C. 
Provisioning centers.
D. 
Safety compliance facilities.
A. 
No person shall operate a secure transporter for which an annual MMF permit as provided for in this article has not been issued.
B. 
The MMF permit requirement in this article applies to all secure transporters, whether operated for profit or not for profit.
C. 
The MMF permit requirement in this article shall be in addition to any other requirements imposed by any other state or local law, including, but not limited to, state or local laws applicable to commercial entities performing functions similar to the functions performed by a secure transporter.
D. 
The issuance of any MMF permit pursuant to this article does not create an exception, defense or immunity to any person with regard to any potential criminal or civil liability the person may have under any federal or state law or City ordinance.
E. 
This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.[1]
[1]
Editor's Note: See MCLA 333-26421 et seq.
F. 
The term of the final MMF permit shall not exceed one year (except as provided below for permits issued in the month of December), and fees are not prorated. The permit year shall begin on January 1 in each year, or the date upon which the final MMF permit was approved, whichever occurs later, and shall terminate on December 31 unless earlier terminated as provided in this article. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the next calendar year following issuance thereof, unless terminated sooner under this article. All permits issued pursuant to this article must be renewed on an annual basis. To renew an existing permit, the licensee shall submit an application in the same manner as is required to apply for a new permit no sooner than 90 days before the expiration date and no later than 60 days before the expiration date. An application for a permit renewal received after November 1 of each year shall be considered late and will be subject to a late fee.
A. 
An MMF permit issued under this article is valid only for the location of the facility and type of facility that is listed on the MMF permit application and is valid only for the operation of the facility at that location by the MMF permit applicant, providing the facility remains in compliance with all other requirements in this article.
B. 
An MMF permit issued under this article is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the City Clerk by the MMF permit holder.
C. 
The revocation, suspension, and placement of restrictions by the state on a state operating license apply equally to an MMF permit issued by the City.
D. 
The expiration date of the state operating license that corresponds to an MMF permit issued under this article constitutes the expiration date of the license; however, operation of the facility under the expired license is permitted to the extent that operation under the expired state operating license is permitted under the MMFLA.
E. 
An MMF permit issued by the City under this article and the state medical marihuana facility license shall be conspicuously posted in the facility where it is easily open to public view and City officials, including the Bridgman Police Department and the Fire Department.
F. 
Acceptance of an MMF permit from the City under this article constitutes consent by the permittee, owners, managers, and employees to permit the City Administrator or designee to conduct inspections of the facility to ensure compliance with this article.
A. 
Application for new annual MMF permit. An application for a new annual MMF permit for a secure transporter shall be submitted in person by the applicant or their state-licensed attorney to the City Clerk on a form provided by the City, which shall fulfill all of the requirements indicated on the form. An applicant shall truthfully and fully provide all of information requested on the application, including, but not limited to, the following:
(1) 
The name and address of the proposed facility and any other contact information requested on the application form.
(2) 
The applicant's full name, business address, email address and phone number and presentation of a valid, government-issued photo identification.
(3) 
The name and address of all owners of the real property where the facility is located.
(4) 
Name and address of all business managers of the facility.
(5) 
A statement with respect to each person named on the application whether the person has:
(a) 
Ever been convicted of a felony involving controlled substances as defined under the Michigan Public Health Code, MCLA § 333.1101 et seq., the federal law, or the law of any other state and, if so, the date of the conviction and the law under which the person was convicted.
(b) 
Ever been convicted of any other type of felony under the law of Michigan, the United States, or another state, and, if so, the date of the conviction and the law under which the person was convicted.
(6) 
Proof of an applicant's ownership or legal possession of the premises and, if the applicant is not the owner, the written, notarized consent of the property owner where the facility is proposed to be located to operate a facility at that location.
(7) 
A City-issued zoning assurance letter, provided with the MMF permit application, signed by the applicant which affirms that the applicant has reviewed all applicable zoning ordinances relative to the proposed use, including all regulations addressing site development, including, but not limited to, parking, setbacks, and signage.
(8) 
State of Michigan Department of Licensing and Regulatory Affairs document indicating approved prequalification status by the Medical Marihuana Licensing Board for the applicant or applicants' entity.
(9) 
Payment of a nonrefundable application fee, which shall be established by resolution of the City Council and set out in the permit fee, and Insurance Schedule provided in Exhibit A,[1] which may be amended from time to time by the City Council.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(10) 
If license holder is not the on-site operator, indicate name and contract information of the on-site operator.
(a) 
Upon filing of the application for an MMF permit, the City Clerk shall review and evaluate the application, along with other necessary City departments. In determining whether an MMF permit should be issued, the City shall evaluate whether the application is complete.
(b) 
Conditional approval permit. Approval of the new annual MMF permit application after review as set out in § 320-12 will result in the issuance of a ninety-day conditional approval permit, which authorizes the applicant to apply for and seek site plan review approval, and building/trade permits. A conditional approval permit does not authorize use of a facility. Within 90 days of issuance of the conditional approval permit, the applicant shall submit proof of an approved City site plan review and building/trade permits to the City Clerk.
[1] 
If application for site plan approval and local permits as outlined above were made but are not obtained within 90 days, the conditional approval permit shall expire and a new permit application shall be submitted. Extensions may be approved by the City Clerk based on substantial work having been completed as determined by the City and at the request of the applicant 30 days prior to the expiration of the conditional approval permit.
[2] 
If no site plan or building plans have been submitted for permits within the 90 days, the conditional approval permit expires, and an applicant will be required to wait 30 days before submitting a new application.
A. 
If the MMF permit applicant has successfully demonstrated compliance with all requirements included within the conditional approval permit for issuance of a permit, including, but not limited to, the location conforming to all standards of the zoning district in which it is located, then the City Clerk shall issue a final MMF permit to the applicant, or grant renewal of an existing MMF permit.
B. 
An issued final MMF permit is active beginning the date of the issued permit and expires December 31 of same year except when a final MMF permit is issued during the month of December, which will expire on December 31 of the following year.
C. 
The issuance of a final MMF permit under this article authorizes operation of the facility only after the following additional requirements are met:
(1) 
The applicant has provided the City Clerk with copies of the applicant's state operating license and the certificate of occupancy for the premises.
(2) 
The applicant has provided the City Clerk a copy of the State approved premises security plan. The said security measures on the premises are subject to inspection and must be approved by the Bridgman Police Department and comply with the following:
(a) 
Fully operational security cameras shall monitor all areas of the premises as required by State Administrative Rules, including, but not limited to, Emergency Rule 27.
(b) 
Recordings from security cameras shall be maintained for a minimum of 14 days, except for in instances of investigation or inspection by the Department, or the City Police Department, through its investigators, agents, auditors, or the State Police, in which case the MMF permittee shall retain the recordings and make them available to BCPD upon request until such time as the department or the City notifies the MMF permittee that the recordings may be destroyed.
(c) 
The City Manager may adopt regulations implementing security measures, including, but not limited to, regulations on the design, location, maintenance, and access to the cameras and recordings so long as they do not conflict with state rules and regulations. City regulations shall take effect 30 days after being filed with the City Clerk unless modified or disapproved by the City Council.
(d) 
A monitored alarm system consistent with State Administrative Rules, including, but not limited to, Emergency Rule 27.
(e) 
A storage room for overnight storage of any marihuana product and cash on the premises, if marihuana product and cash is not kept in a locked secure transport vehicle. The storage room shall have only one door for entry and no other potential means of entry, lawful or unlawful, such as a window or crawl space. The door shall be equipped with a locking mechanism that is different from other locks on any door within the facility.
(3) 
The applicant has provided the City Clerk proof that all City taxes and assessments owed by the applicant have been paid and any assessments, taxes, or liens on the real property to comprise the licensed premises and personal property located on the licensed premises are also paid.
(4) 
The applicant has provided the City Clerk proof that the applicant is not in violation of any City ordinances on any other property under the applicant's ownership or control located within the City.
D. 
The applicant shall provide the City with a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies of the following types of insurance, as well as a copy of an endorsement placed on each policy requiring 10 days' notice by mail to the City before the insurer may cancel the policy for any reason:
(1) 
Worker's compensation insurance in accordance with Michigan statutory limits and employers liability insurance with a minimum limit of $100,000 for each accident for any employee.
(2) 
Public liability and personal injury insurance with minimum limits of $500,000 for each occurrence with respect to bodily injury liability or property damage liability, or both combined. Documentation must explicitly state the following: A) policy number; B) name of insurance company; C) name and address of the agent or authorized representative; D) name and address of the insured; E) location of coverage; F) policy expiration dates; and G) specific coverage amounts. An original certificate of insurance may be provided as an initial indication of the required insurance. Applicant shall be required to continue without interruption during the term of the MMF permit the above-named insurance coverages. If any of the above coverages expire by their terms during the term of a permit, the applicant shall deliver proof of renewal and/or new policies to the City Clerk at least 10 days' prior to the expiration date. Insurance companies, named insured and policy forms shall be subject to the approval of the City Insurance Loss Control Specialist, or designee, within five business days. Insurance policies shall not contain endorsements or policy conditions which reduce coverage required under the terms of the MMF permit.
A. 
Renewal of final MMF permits.
(1) 
Only an issued MMF final permit may be renewed. Applicants seeking renewals shall file a new application pursuant to § 320-7.
B. 
Amendments.
(1) 
Amendment of MMF application without conditional or final MMF permit approval.
(a) 
Prior to a decision of a conditional permit, an MMF application may be amended under any of the following circumstances:
[1] 
Change in property ownership or property lessee/lessor name(s);
[2] 
Clerical errors/omissions such as misspelling, wrong numbering, or other similar items in the submitted application; or
[3] 
Any City-required amendments of clarifications, clerical errors, additional entity background information, additional property information, or other relevant information required for City decision.
(b) 
Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
(c) 
Any amendments submitted as provided above shall be incorporated into the application, and the amended terms shall be fully enforceable against the applicant.
(2) 
Nonsubstantive changes to approved conditional or final MMF permit.
(a) 
After receiving an approved conditional or final MMF permit, and MMF application may be amended for any of the following:
[1] 
Any circumstance listed under Subsection B(1)(a).
[2] 
Prior to receiving an approved final MMF permit, any change which will not increase the project intensity, as solely determined by the Zoning Administrator, including, but not limited to, building size and hours of operation. The Zoning Administrator's decision as to whether the change shall be permitted as not increasing the project intensity shall be considered a final determination. If the Zoning Administrator determines that such change require the submittal of a new or amended site plan application or building/trade permits, then these items shall be mandatory and enforceable.
(b) 
Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
(c) 
Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the applicant.
(3) 
Substantive changes to an approved conditional or final MMF permits.
(a) 
Substantive changes require the filing of a new application. The following changes shall be considered "substantive," as intended by this subsection:
[1] 
An increase in the project intensity as determined solely by the Zoning Administrator, including, but not limited to, hours of operation, or other aspects of the project which have an effect on the intensity, visual appearance, noise or odor levels, or other possible impacts to surrounding properties, public services/infrastructure.
[2] 
Adding a new MMF use on the same property as the approved conditional or final MMF permit.
[3] 
Lapse in the ninety-day conditional permit period without having fulfilled requirements of § 320-7A(10)(b).
C. 
Transferring approved conditional or final MMF permit.
(1) 
The transferring of an approved conditional MMF permit which changes the listed applicant to a different entity or person is prohibited.
(2) 
The transferring of approved conditional or final MMF permits to another location is prohibited.
(3) 
The transferring of an approved final MMF permit which only changes the listed applicant to a different entity or person is allowed with the submittal of:
(a) 
Document consisting of a notarized and original signatures;
(b) 
State of Michigan Licensing and Regulatory Affairs Department document indicating approval of applicant or applicant's entity of Department's Step 1: Prequalification Document Checklist; and
(c) 
Fee of $5,000 as established in the permit fee, and Insurance Schedule,[1] or another amount as established from time to time by resolution of the City Council.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D. 
Rescission of approved conditional or final MMF permit.
(1) 
An applicant may rescind an approved conditional or final MMF permit at any time to effectively remove such permit from the associated property.
(2) 
The rescission is effective as of the time and date of a City approval of a completed rescission City form.
(3) 
Once rescission is effective, an applicant receiving the approved rescission cannot file a new MMF application within 10 business days anywhere within the City of Bridgman.
(4) 
No fees paid in conjunction with the rescinded approved conditional or final MMF permits shall be refunded.
A. 
A facility shall be conducted in compliance with the MMFLA, the rules promulgated pursuant to the MMFLA, including, but not limited to, the Emergency Rules, the MMMA, and all other laws, rules, and regulations of the state of Michigan and the City of Bridgman.
B. 
All marihuana in any form kept at the location of the medical marihuana facility shall be kept within an enclosed, secured vehicle or building and shall not be visible from any location outside of the building except as may specifically be provided under City zoning ordinances.
C. 
An authorized person shall consent to the entry into a marihuana facility by the Building Official and Zoning Inspectors or their designee for the purpose of inspection to determine compliance with this article pursuant to a notice posted in a conspicuous place on the premises two or more days before the date of the inspection or sent by first-class mail to the address of the premises four or more calendar days before the date of the inspection.
D. 
All security measures required in this article shall be maintained in good working order. The premises shall be monitored and secured 24 hours per day.
E. 
All marihuana in any form on the premises of a secure transporter shall be marihuana cultivated, manufactured, tested, sold, and packaged in the State of Michigan.
F. 
Access to the facility is restricted to the MMF permittee, employees of the permittee, and state investigators, agents, auditors, or the State Police or Bridgman Police Department.
G. 
A person or entity that receives an MMF permit under this article shall display its permit and, when issued, its state medical marihuana facility license in plain view clearly visible to City officials and State Medical Marihuana Licensing Board authorized agents.
It shall be unlawful:
A. 
For any person to violate any provision of this article or any condition of any permit granted pursuant to this article.
B. 
For any person to produce, distribute or possess marihuana in violation of this article or any other applicable state or local law, including, but not limited to, applicable zoning ordinances and State Administrative Rules, including Emergency Rules.
C. 
For any person to make any changes or allow any changes to be made in the operation of the marihuana facility as represented in the MMF permit application, without first notifying the City by amending its application.
D. 
For any MMF permittee to advertise marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.
E. 
For an MMF permittee of a facility to allow the sale, consumption, or use of alcohol or tobacco products on the premises.
F. 
For any person to reside or permit any person to reside in or on the premises of a marihuana facility.
G. 
For any person to use medical marihuana, in any form, anywhere within a facility or on the property or a facility.
A. 
Grounds for denial.
(1) 
The City Clerk shall reject any application that does not meet the requirements of the MMFLA or this article. The City Clerk shall reject any application that contains any misrepresentation or omission of any material fact (materiality as determined by the City), or false or misleading information, or the applicant has provided the City with any other false or misleading information related to the facility.
(2) 
An applicant is ineligible to receive a license under this article if any of the following circumstances exist regarding the applicant or an applicant's affiliate (as defined by the MMFLA):
(a) 
Conviction of or release from incarceration for a felony under the laws of this state, any other state, or the United States within the past 10 years or conviction of a controlled-substance-related felony within the past 10 years.
(b) 
Within the past five years, conviction of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state.
(c) 
Any person required to be named on the permit application is convicted of a crime which, if it had occurred prior to submittal of the application, could have been cause for denial of the permit application.
(d) 
The applicant has knowingly submitted an application for a license that contains false, misleading or fraudulent information, or who has intentionally omitted pertinent information on the application for a license.
(e) 
Is a member of the Board as defined by MCLA § 333.27102(d).
(f) 
The applicant fails to provide and maintain adequate premises liability and casualty insurance for its proposed marihuana facility.
(g) 
Holds an elective office of a governmental unit of this state, another state, or the federal government; is a member of or employed by a regulatory body of a governmental unit in this state, another state, or the federal government; or is employed by a governmental unit of this state. This subsection does not apply to an elected officer of or employee of a federally recognized Indian tribe or to an elected precinct delegate.
(h) 
The applicant, if an individual, has been a resident of this state for less than a continuous two-year period immediately preceding the date of filing the application. This requirement does not apply after June 30, 2018.
(i) 
The applicant fails to meet other criteria established by state-issued rule.
B. 
MMF permit forfeiture. In the event that a secure transport facility does not commence operations within one year of issuance of a City MMF permit, the MMF permit shall be deemed forfeited; the business may not commence operations and the license is not eligible for renewal.
C. 
MMF permit as revocable privilege. An MMF secure transport permit granted by this article is a revocable privilege granted by the City and is not a property right. Granting an MMF permit does not create or vest any right, title, or other property interest. Each MMF permit is exclusive to the permittee, and a permittee or any other person must apply for and receive the City's approval before a permit is transferred, sold, or purchased. An MMF permittee or any other person shall not lease, pledge, or borrow or loan money against an MMF permit. The attempted transfer, sale or other conveyance of an interest in a license without prior Board [as defined in MCLA § 333.27102(d)] approval is grounds for suspension or revocation of the MMF permit or for other sanction considered appropriate by the City.
D. 
Nonrenewal, suspension, or revocation of MMF permit.
(1) 
The City Clerk may, after notice and hearing, suspend, revoke or refuse to renew an MMF permit for any of the following reasons:
(a) 
The applicant or permittee, 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, regulation or rule;
(b) 
The applicant or permittee, or his or her 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 permitting 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 permit;
(c) 
The City, the county, or any other governmental entity with jurisdiction, has closed the facility temporarily or permanently or has issued any sanction for failure to comply with the health and safety provisions of this article or other applicable state or local laws related to public health and safety;
(d) 
The facility is determined by the City to have become a public nuisance pursuant to City ordinances;
(e) 
The facility's state operating license has been suspended or revoked; or
(f) 
The marihuana commercial entity has been operated in a manner that adversely affects the public health, safety or welfare.
(2) 
Evidence to support a finding under this section may include, without limitation, a continuing pattern of conduct, a continuing pattern or drug-related criminal conduct within the premises of the marihuana commercial entity 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 commercial entity, or an ongoing nuisance condition emanating from or caused by the marihuana commercial entity. Criminal conduct considered shall be limited to the violation of a state law or regulation or City ordinance.
(3) 
In addition to the basis for revocation and/or suspension stated above, the City Council may revoke a permit for cause in accordance with the provisions of this article.
E. 
Any person whose permit is denied, revoked or suspended shall be entitled to a hearing before the City Council upon written request made to the City Clerk within 10 days of the denial, revocation, or suspension.
Nothing in this article shall be deemed to prohibit the City Manager or his or her designee from imposing other penalties authorized by the City of Bridgman ordinances or other ordinance of the City, including filing a public nuisance action or any other legal action in a court of competent jurisdiction.
Except as otherwise provided in this article, a person who violates or fails to comply with any of the provisions of this article is responsible for a municipal civil infraction and shall be subject to a civil fine of $250 for a first offense, and at least $500 for any second or subsequent offense, along with being responsible for attorney fees and any other relief that may be imposed by the court.
[Adopted 5-2-2022 by Ord. No. 2022-212]
The City of Bridgman is uniquely located near a major interstate highway that easily connects Southwest Michigan to the central and eastern parts of the state. It is the City's intent to allow a marihuana secure transporter as an adult-use recreational marihuana establishment in the industrial and transitional areas near the I-94 corridor, and to regulate this establishment to the extent they are permitted under the Michigan Regulation and Taxation of Marihuana Act.[1] The City does not intend that permitting and regulation under this article should be construed as a finding that such establishments comply with any law. By requiring a City adult-use marihuana establishment permit ("AUE permit") and compliance with the requirements of this article, the City intends to protect the public health, safety and welfare by:
A. 
Promoting the safe transportation of recreational marihuana to nearby establishments;
B. 
Disallowing the retail sale of marihuana and marihuana products in the City of Bridgman;
C. 
Preserving and protecting the health, safety, and welfare of the residents of the City and the general public by locating transportation establishments near a major interstate;
D. 
Establishing standards and procedures by which the siting, operating, and maintaining of a recreational marihuana establishment shall be governed.
[1]
Editor's Note: See MCLA 333.27951 et seq.
A. 
Words and phrases contained in the Michigan Regulation and Taxation of Marihuana Act ("MRTMA").[1] This article contains many words and phrases that are defined in the MRTMA. As used in this article, they have the same meaning as provided in the MRTMA, except that if at any time the definition of a word or phrase set forth in this section conflicts with the definition in the MRTMA, then the definition in the MRTMA shall apply. The following words and phrases are, and mean, as follows:
DEPARTMENT
The Department of Licensing and Regulatory Affairs.
LICENSEE
A person holding a state license.
MARIHUANA
All parts of the plant 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:
(1) 
The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) 
Industrial hemp; or
(3) 
Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
MARIHUANA, ADULT-USE ESTABLISHMENT or MARIHUANA ESTABLISHMENT
A marihuana grower, marihuana safety compliance marihuana establishment, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the Marihuana Regulatory Agency as authorized by the Michigan Regulation and Taxation of Marihuana Act (2018).
(1) 
MARIHUANA GROWERA person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(2) 
MARIHUANA MICROBUSINESSA person licensed 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 marihuana establishment, but not to other marihuana establishments.
(3) 
MARIHUANA PROCESSORA person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
(4) 
MARIHUANA RETAILERA person licensed 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.
(5) 
MARIHUANA SECURE TRANSPORTERA person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(6) 
MARIHUANA SAFETY COMPLIANCE MARIHUANA ESTABLISHMENTA person licensed to test marihuana, including certification for potency and the presence of contaminants.
MARIHUANA-INFUSED PRODUCT
A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
MARIJUANA REGULATORY AGENCY or AGENCY
A Type I agency within the Department of Licensing and Regulatory Affairs (the "Department") with the powers as set out in MCLA § 333.27001, including, but not limited to, all of the authorities, powers, duties, functions, and responsibilities of the Department, including its Bureau of Marihuana Regulation, under the MRTMA, 2018 IL 1, MCLA §§ 333.27951 to 333.27967.
PERSON
An individual, corporation, limited-liability company, partnership of any type, trust, or other legal entity.
PLANT
Any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
RULES
Rules promulgated under the Administrative Procedures Act of 1969, 1969 PA 306, MCLA §§ 24.201 to 24.328, by the Department in consultation with the Agency to implement this act, which shall include, but is not limited to, the Emergency Rules issued under the Administrative Procedures Act on July 3, 2019.
SPECIAL LICENSES
Additional types or classes of state licenses to operate marihuana-related businesses as described under Section 8 of the Act, including, but not limited to:
(1) 
Designated consumption establishment licenses;
(2) 
Excess marihuana grower licenses;
(3) 
Marihuana event organizer licenses; and
(4) 
Temporary marihuana event licenses.
STATE LICENSE or LICENSE
Unless the context requires a different meaning, a license that is issued by the Department under this act that allows the licensee to operate a marihuana establishment.
[1]
Editor's Note: See MCLA 333.27951 et seq.
B. 
Other words and phrases. The words and phrases in this article, as used in this article, shall have the following meanings:
APPLICANT
A person who applies for a state license. For purposes of this definition, an applicant includes a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant:
(1) 
For an individual or sole proprietorship: the proprietor and spouse.
(2) 
For a partnership and limited-liability partnership: all partners and their spouse.
(3) 
For a limited partnership and limited-liability 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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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.
(8) 
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.
AUTHORIZED PERSON
(1) 
An owner of a marihuana establishment;
(2) 
The directors, officers, members, partners, and individuals of a marihuana establishment that is a corporation, limited-liability company, partnership, or sole partnership.
(3) 
Any person who is in charge of and on the premises of the marihuana establishment during business hours.
CITY PERMIT ON-SITE OPERATOR
A person who generally oversees, manages, and/or supervises operations of the City-permitted business and is generally on the site during the majority of each business day of the City-permitted business.
CITY PERMIT or AUE PERMIT
Unless the context requires a different meaning, means a marihuana adult-use establishment marihuana secure transporter permit that is issued under this article.
CLASS A GROWER
A grower of not more than 100 marihuana plants.
CLASS B GROWER
A grower of not more than 500 marihuana plants.
CLASS C GROWER
A grower of not more than 2,000 marihuana plants.
CONDITIONAL APPROVAL - CITY PERMIT
Ninety-day authorization to the applicant to apply for and seek site plan review approval, and building/trade permits. A conditionally approved City permit does not authorize use of an adult-use marihuana establishment.
LICENSEE
A person holding a City permit under this article.
MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT and MRTMA
Initiated Act 1 of 2018, MCLA § 333.27951 et seq.
PERSON
The entities included in the definition of "person" in the MRTMA.
SPONSORSHIP
Any marketing or advertising in association with a specific event, project, or program, including, but not limited to, where a person or entity pays for all or some of the associated costs.
Pursuant to the MRTMA, the City of Bridgman authorizes the operation in the City of the following marihuana adult-use establishment, provided they possess a state operating license issued under the MRTMA and they comply with the additional requirements of this article, the Bridgman City Zoning Ordinance,[1] and all other applicable laws, administrative rules, and ordinances:
A. 
Marihuana secure transporter: one permit authorized.
[1]
Editor's Note: See Ch. 550, Zoning.
A. 
The following marihuana establishments are not authorized and shall not locate in the City of Bridgman:
(1) 
Marihuana grower, including Class A grower; Class B grower; and Class C grower.
(2) 
A marihuana processer.
(3) 
A marihuana retailer.
(4) 
A marihuana safety compliance marihuana establishment.
(5) 
A marihuana microbusiness.
B. 
Special licenses prohibited. Pursuant to the MRTMA, Section 6(1), the City elects to prohibit the licensing and operation of special licenses within its boundaries to the extent it is permitted to prohibit them under the Act, which shall specifically prohibit:
(1) 
Designated consumption establishment license.
(2) 
Excess marihuana grower license.
(3) 
Marihuana event organizer license.
(4) 
Temporary marihuana event license.
A. 
No person shall operate a marihuana secure transporter in the City of Bridgman unless an annual City AUE permit as provided for in this article has been issued.
B. 
The City AUE permit requirement in this article applies to all marihuana establishments whether operated for profit or not for profit.
C. 
The City AUE permit requirement in this article shall be in addition to any other requirements imposed by any other state or local law, including, but not limited to, state or local laws applicable to commercial entities performing functions similar to the functions performed by marihuana establishments.
D. 
The issuance of any City AUE permit pursuant to this article does not create an exception, defense or immunity to any person with regard to any potential criminal or civil liability the person may have under any federal or state law or City ordinance.
E. 
This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.[1]
[1]
Editor's Note: See MCLA 333.26421 et seq.
F. 
The term of the final City AUE permit shall not exceed one year (except as provided below for permits issued in the month of December), and fees are not prorated. The permit year shall begin on January 1 in each year, or the date upon which the final City permit was approved, whichever occurs later, and shall terminate on December 31 unless earlier terminated as provided in this article. An annual permit issued between December 1 and December 31 of any year shall expire on December 31 of the next calendar year following issuance thereof, unless terminated sooner under this article. Any permit issued pursuant to this article must be renewed on an annual basis. To renew an existing permit, the licensee shall submit an application in the same manner as is required to apply for a new permit no sooner than 90 days before the expiration date and no later than 60 days before the expiration date. An application for a permit renewal received after November 1 of each year shall be considered late and will be subject to a late fee.
A. 
A City AUE permit issued under this article is valid only for the location of the marihuana establishment and type of marihuana establishment that is listed on the City AUE permit application, providing the marihuana establishment remains in compliance with all other requirements in this article and all other ordinances and regulations.
B. 
A City AUE permit issued under this article is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the City Clerk by the City permit holder.
C. 
The revocation, suspension, and placement of restrictions by the state on a state operating license apply equally to a AUE permit issued by the City.
D. 
The expiration date of the state operating license that corresponds to a City AUE permit issued under this article constitutes the expiration date of the license, however, operation of the marihuana establishment under the expired license is permitted to the extent that operation under the expired state operating license is permitted under the MRTMA.
E. 
A City AUE permit issued by the City under this article and the state MRTMA establishment license shall be conspicuously posted in the marihuana establishment where it is easily open to public view, City officials, including the City Building Inspector, and the Fire Department.
F. 
Acceptance of an AUE permit from the City under this article constitutes consent by the permittee, owners, managers and employees to permit the City Administrator or designee to conduct inspections of the marihuana establishment to ensure compliance with this article.
A. 
Application for new annual AUE permit. An application for a new annual City AUE permit for a marihuana establishment shall be submitted in person by the applicant or their state-licensed attorney to the City Clerk on a form provided by the City, which shall fulfill all of the requirements indicated on the form. An applicant shall truthfully and fully provide all of the information requested on the application, including, but not limited to, the following:
(1) 
The name and address of the proposed marihuana establishment and any other contact information requested on the application form.
(2) 
The applicant's full name, business address, email address and phone number and presentation of a valid, government-issued photo identification.
(3) 
The name and address of all owners of the real property where the proposed marihuana establishment is located.
(4) 
Name and address of all business managers of the marihuana establishment.
(5) 
A statement with respect to each person named on the application whether the person has:
(a) 
Ever been convicted of a felony involving controlled substances as defined under the Michigan Public Health Code, MCLA § 333.1101 et seq., the federal law, or the law of any other state and, if so, the date of the conviction and the law under which the person was convicted.
(b) 
Ever been convicted of any other type of felony under the law of Michigan, the United States, or another state, and, if so, the date of the conviction and the law under which the person was convicted.
(6) 
Proof of an applicant's ownership or legal possession of the premises and, if the applicant is not the owner, the written, notarized consent of the property owner where the marihuana establishment is proposed to be located to operate a marihuana establishment at that location.
(7) 
A City-issued zoning assurance letter, provided with the City AUE permit application, signed by the applicant which affirms that the applicant has reviewed all applicable zoning ordinances relative to the proposed use, including all regulations addressing site development which include, but are not limited to, parking, setbacks, and signage.
(8) 
State of Michigan Department of Licensing and Regulatory Affairs document indicating approved prequalification status by the Marihuana Regulatory Agency for the applicant or applicant's entity.
(9) 
Payment of a nonrefundable application fee, which shall be established by resolution of the City Council and set out in the Permit Fee and Insurance Schedule provided for in Exhibit A[1] to this article.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(10) 
If license holder is not the on-site operator, indicate name and contract information of the on-site operator.
B. 
Upon filing of the application for a City UAE permit, the City Clerk shall review and evaluate the application, along with other necessary City departments. In determining whether a City permit should be issued, the City shall evaluate whether the application is complete.
C. 
Conditional approval permit. Initial approval of the new annual City AUE permit application after review as set out in this article will result in the issuance of a ninety-day conditional approval permit, which authorizes the applicant to apply for and seek site plan review approval, and building/trade permits. A conditional approval permit does not authorize use of a marihuana establishment. Within 90 days of issuance of the conditional approval permit, the applicant shall submit proof of an approved City site plan review and building/trade permits to the City Clerk.
(1) 
If application for site plan approval and local permits as outlined above were made but are not obtained within 90 days, then the conditional approval permit shall expire and a new permit application shall be submitted. Extensions may be approved by the City Clerk based on substantial work having been completed as determined by the City and at the request of the applicant 30 days prior to the expiration of the conditional approval permit.
(2) 
If no site plan or building plans have been submitted for permits within the 90 days, then the conditional approval permit expires, and an applicant will be required to wait a 30 days before submitting a new application.
(3) 
If application for site plan approval and local permits as outlined above were obtained within 90 days, but the local permits expired without the work having been completed, then the conditional approval permit shall expire and a new permit application shall be submitted.
(4) 
If application for site plan approval and local permits as outlined above were obtained within 90 days, but if the local permits expire without the work having been completed and an extension was not timely applied for, or was denied, then the conditional approval permit shall expire and a new permit application shall be submitted.
A. 
If the City AUE permit applicant has successfully demonstrated compliance with all requirements included within the conditional approval permit for issuance of a permit, including, but not limited to, all requirements of below Subsection C and, the location conforming to all standards of the zoning district in which it is located, then the City Clerk shall issue a final City AUE permit to the applicant, or grant renewal of an existing City permit.
B. 
An issued final City AUE permit is active beginning the date of the issued permit and expires December 31 of same year except when a final City permit is issued during the month of December, which will expire on December 31 of the following year.
C. 
The issuance of a final City permit under this article authorizes operation of the marihuana establishment only after the following additional requirements are met:
(1) 
The applicant has provided the City Clerk with copies of the applicant's state operating license and the certificate of occupancy for the premises.
(2) 
The applicant has provided the City Clerk a copy of the state-approved premises security plan. The said security measures on the premises are subject to inspection and must be approved by the Bridgman City Police Department and comply with the following:
(a) 
Fully operational security cameras shall monitor all areas of the premises as required by State Administrative Rules, including, but not limited to, Emergency Rule 35.
(b) 
Recordings from security cameras shall be maintained for a minimum of 30 days, except for in instances of investigation or inspection by the Agency, or the City Police Department (BPD), in which case the City AUE permittee shall retain the recordings and make them available to BPD upon request until such time as the agency or the BPD notifies the City AUE permittee that the recordings may be destroyed.
(c) 
The City Manager may adopt regulations implementing security measures, including, but not limited to, regulations on the design, location, maintenance, and access to the cameras and recordings so long as they do not conflict with state rules and regulations. City regulations shall take effect 30 days after being filed with the City Clerk unless modified or disapproved by the City Council.
(d) 
A monitored alarm system consistent with State Administrative Rules, including, but not limited to, Emergency Rule 35.
(e) 
A storage room for overnight storage of any marihuana product on the premises consistent with Emergency Rule 38.
(3) 
The applicant has provided the City Clerk proof that all City taxes and assessments owed by the applicant have been paid and any assessments, taxes, or liens on the real property to comprise the licensed premises and personal property located on the licensed premises are also paid.
(4) 
The applicant has provided the City Clerk proof that the applicant is not in violation of any City ordinances on any other property under the applicant's ownership or control located within the City.
D. 
The applicant shall provide the City with proof of financial responsibility for liability for bodily injury in an amount not less than $100,000, as well as a copy of an endorsement placed on each policy requiring 10 days' notice by mail to the City before the insurer may cancel the policy for any reason:
(1) 
Worker's compensation insurance in accordance with Michigan statutory limits.
(2) 
A marihuana secure transporter shall show proof of auto insurance, vehicle registration, and registration as a commercial motor vehicle, as applicable, for any vehicles used to transport marihuana product as required by the Act.
E. 
An original certificate of insurance may be provided as an initial indication of the required insurance. Applicant shall be required to continue without interruption during the term of the City permit the above-named insurance coverages. If any of the above coverages expire by their terms during the term of a permit, the applicant shall deliver proof of renewal and/or new policies to the City Clerk at least 10 days prior to the expiration date. Insurance companies, named insured and policy forms shall be subject to the approval of the City Insurance Loss Control Specialist or designee, within five business days. Insurance policies shall not contain endorsements or policy conditions which reduce coverage required under the terms of the City permit.
A. 
Renewal of final City AUE permits.
(1) 
Only a City-issued final AUE permit may be renewed. Applicants seeking renewals shall file a new application pursuant to this article.
B. 
Amendments.
(1) 
Amendment of City AUE application without conditional or final City permit approval.
(a) 
Prior to a decision of a conditional permit, an AUE application may be amended under any of the following circumstances:
[1] 
Change in property ownership or property lessee/lessor name(s);
[2] 
Clerical errors/omissions such as misspelling, wrong numbering, or other similar items in the submitted application; or
[3] 
Any City-required amendments of clarifications, clerical errors, additional entity background information, additional property information, or other relevant information required for City decision.
(b) 
Applicants shall submit supporting documentation detailing basis for amendment and subsequent documents which amend the application.
(c) 
Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the applicant.
(2) 
Nonsubstantive changes to approved conditional or final City AUE permit.
(a) 
After receiving an approved conditional or final City permit, and City application may be amended for any circumstance listed under Subsection B(1)(a)[2].
(b) 
Prior to receiving an approved final City permit, any change which will not increase the project intensity, as solely determined by the Zoning Administrator, including, but not limited to, building size and hours of operation. The Zoning Administrator's decision as to whether the change shall be permitted as not increasing the project intensity shall be considered a final determination. If the Zoning Administrator determines that such change requires the submittal of a new or amended site plan application or building/trade permits, then these items shall be mandatory and enforceable.
(c) 
Applicants shall submit supporting documentation detailing the basis for amendment and subsequent documents which amend the application.
(d) 
Any amendments submitted as provided above shall be incorporated into the application and the amended terms shall be fully enforceable against the applicant.
(3) 
Substantive changes to an approved conditional or final City AUE permit. Substantive changes require the filing of a new application under this article. The following changes shall be considered substantive, as intended by this subsection:
(a) 
An increase in the project intensity as determined solely by the Zoning Administrator, including, but not limited to, hours of operation, or other aspects of the project which have an effect on the intensity, visual appearance, noise levels, or other possible impacts to surrounding properties, public services/infrastructure.
(b) 
Lapse in the ninety-day conditional permit period without having fulfilled requirements of that section.
C. 
Transferring approved conditional or final City AUE permit.
(1) 
The transferring of an approved conditional City AUE permit which changes the listed applicant to a different entity or person is prohibited.
(2) 
The transferring of approved conditional or final City AUE permits to another location is prohibited.
(3) 
The transferring of an approved final City permit which only changes the listed applicant to a different entity or person may be allowed with the submittal of:
(a) 
Document consisting of a notarized and original signatures;
(b) 
State of Michigan Licensing and Regulatory Affairs Department document indicating approval of applicant or applicant's entity of Department's Step 1: Prequalification Document Checklist; and
(c) 
Fee as established in the Permit Fee, and Insurance Schedule provided for in Exhibit A[1] to this article.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
D. 
Rescission of approved conditional or final City AUE permit.
(1) 
An applicant may rescind an approved conditional or final CITY permit at any time to effectively remove such permit from the associated property.
(2) 
The rescission is effective as of the time and date of a City approval of a completed rescission City form.
(3) 
Once rescission is effective, an applicant receiving the approved rescission cannot file a new City AUE application within 10 business days.
(4) 
No fees paid in conjunction with the rescinded approved conditional or final City AUE permits shall be refunded.
A. 
A marihuana secure transporter shall be conducted in compliance with the MRTMA, the rules promulgated pursuant to the MRTMA, including, but not limited to, the State Administrative Rules, and all other laws, rules, and regulations of the state of Michigan and the City of Bridgman.
B. 
A marihuana secure transporter shall secure every entrance to the establishment so that access to areas containing marihuana is restricted to employees and other persons permitted by the marihuana establishment to access the area and to agents of the Department or state and local law enforcement officers and emergency personnel and shall secure its inventory and equipment during and after opening hours to deter and prevent theft of marihuana and marihuana accessories.
C. 
Marihuana secure transporters shall be closed for business between the hours of 9:00 p.m. and 7:00 a.m.
D. 
An authorized person shall consent to the entry into a marihuana establishment by the Building Official and Zoning Inspectors or their designee for the purpose of inspection to determine compliance with this article, pursuant to a notice posted in a conspicuous place on the premises two or more days before the date of the inspection or sent by first-class mail to the address of the premises four or more calendar days before the date of the inspection.
E. 
All security measures required in this article and the Rules shall be maintained in good working order. The premises shall be monitored and secured 24 hours per day.
F. 
All marihuana in any form on the premises of a marihuana establishment shall be cultivated, manufactured, testing, sold, and packaged in the State of Michigan.
G. 
Access to the marihuana establishment's restricted and limited access areas is restricted to the permittee, employees of the permittee, escorted visitors, City employees and police officers acting within the scope of their duty, and the Agency.
H. 
A person or entity that receives a City permit under this article shall display its permit and, when issued, its state marihuana establishment license in plain view clearly visible to City officials and State Agency authorized agents.
I. 
Applicants and permittees shall notify the agency and local law enforcement authorities within 24 hours of becoming aware of or should have been aware of the theft or loss of any marihuana product or criminal activity at the marihuana establishment.
J. 
Marihuana establishments shall not allow on-site or as part of the marihuana establishment the sale, consumption, or serving of food or alcohol. However, the establishment may allow the consumption of food by employees or visitors, provided the marihuana establishment has a designated area for the consumption of food that includes, but is not limited to, a room with floor to ceiling walls and a door that.
It shall be unlawful:
A. 
For any person to violate any provision of this article or any condition of any permit granted pursuant to this article.
B. 
For any person to produce, sell, distribute or possess more marihuana than allowed by any applicable state or local law.
C. 
For any person to produce, distribute or possess marihuana in violation of this article or any other applicable state or local law, including, but not limited to, applicable zoning ordinance sections, this article, and State Administrative Rules.
D. 
For any person to make any changes or allow any changes to be made in the operation of the marihuana establishment as represented in the City AUE permit application, without first notifying the City by amending its application.
E. 
For any City AUE permittee to advertise or market marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.
F. 
For any person to market or advertise marihuana products to individuals under 21 years of age. Sponsorships targeted to members aged 21 years or younger are prohibited.
G. 
For a City AUE permittee of a marihuana establishment to allow a physician to conduct a medical examination or issue a medical certification document at a marihuana establishment for the purpose of obtaining a registry identification card, regardless of whether the permittee was present at the time the prohibited conduct took place.
H. 
For a City AUE permittee of a marihuana establishment to allow the sale, consumption, transfer, or use of alcohol or tobacco products on the premises.
I. 
For any person to reside or permit any person to reside in or on the premises of a marihuana establishment.
J. 
For any person to consume, use, or inhale a marihuana product in any form, anywhere within a marihuana establishment or on the property of a marihuana establishment.
K. 
No marihuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.
A. 
Grounds for denial.
(1) 
The City Clerk shall reject any application that does not meet the requirements of the MRTMA[1] or this article. The City Clerk shall reject any application that contains any misrepresentation or omission of any material fact (materiality as determined by the City), or false or misleading information, or the applicant has provided the City with any other false or misleading information related to the marihuana establishment.
[1]
Editor's Note: See MCLA 333.27951 et seq.
(2) 
An applicant is ineligible to receive a permit under this article if any of the following circumstances exist regarding the applicant or an applicant's affiliate (as defined by the MRTMA):
(a) 
Prior conviction under the laws of this state, any other state, or the United States that involved distribution of a controlled substance to a minor.
(b) 
Any person required to be named on the permit application is convicted of a crime which, if it had occurred prior to submittal of the application, could have been cause for denial of the permit application.
(c) 
The applicant has knowingly submitted an application for a permit that contains false, misleading or fraudulent information, or who has intentionally omitted pertinent information on the application for a license.
(d) 
Is an employee, advisor, or consultant of the agency involved in the implementation, administration, or enforcement of the Act or the Rules, including Emergency Rules, pursuant to Section 7 of the Act, MCLA § 333.27957.
(e) 
The applicant fails to provide and maintain adequate premises liability and casualty insurance for its proposed marihuana establishment.
(f) 
Holds an elective office of a governmental unit of this state, another state, or the federal government; is a member of or employed by a regulatory body of a governmental unit in this state, another state, or the federal government; or is employed by a governmental unit of this state. This subsection does not apply to an elected officer of or employee of a federally recognized Indian tribe or to an elected precinct delegate.
(g) 
The applicant fails to meet other criteria established by state-issued rule.
(3) 
In determining whether to grant a City AUE permit to an applicant, the City may also consider all of the following:
(a) 
Whether the applicant or anyone who will have ownership in the marihuana establishment has a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marihuana establishment is unlikely to be operated with honesty and integrity.
(b) 
Whether the applicant has a history of noncompliance with any regulatory requirements, all legal judgments, lawsuits, legal proceedings, charges, or government investigations, whether initiated, pending, or concluded, against the applicant, that are related to business operations, including, but not limited to, fraud, environmental, food safety, labor, employment, worker's compensation, discrimination, and tax laws and regulations, in this state or any other jurisdiction.
(c) 
Whether the applicant meets the other standards and rules applicable to the state license category and standards, requirements in this article, as well as compliance with other applicable City ordinances.
B. 
City permit forfeiture. In the event that a marihuana establishment does not commence operations within one year of issuance of a City permit, the City permit shall be deemed forfeited; the business may not commence operations and the permit is not eligible for renewal.
C. 
City permit as revocable privilege. A City AUE permit granted by this article is a revocable privilege granted by the City and is not a property right. Granting a City AUE permit does not create or vest any right, title, or other property interest. Each City permit is exclusive to the permittee, and a permittee or any other person must apply for and receive the City's approval before a permit is transferred, sold, or purchased. A City permittee or any other person shall not lease, pledge, or borrow or loan money against a City permit. The attempted transfer, sale or other conveyance of an interest in a license without prior agency approval is grounds for suspension or revocation of the City permit or for other sanction considered appropriate by the City.
D. 
Nonrenewal, suspension, or revocation of City permit.
(1) 
The City Clerk may, after notice and hearing, suspend, revoke or refuse to renew a City AUE permit for any of the following reasons:
(a) 
The applicant or permittee, 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, regulation or rule;
(b) 
The applicant or permittee, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its permit and/or license pursuant to an order of the state or local permitting 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 permit;
(c) 
The City, the county, or any other governmental entity with jurisdiction has closed the marihuana establishment temporarily or permanently or has issued any sanction for failure to comply with the health and safety provisions of this article or other applicable state or local laws related to public health and safety;
(d) 
The marihuana establishment is determined by the City to have become a public nuisance pursuant to City ordinances or other applicable state nuisance law;
(e) 
The marihuana establishment's state operating license has been suspended or revoked; or
(f) 
The marihuana commercial entity has been operated in a manner that adversely affects the public health, safety or welfare.
[1] 
Evidence to support a finding under this section may include, without limitation, a continuing pattern of conduct, a continuing pattern or drug-related criminal conduct within the premises of the marihuana commercial entity 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 commercial entity, or an ongoing nuisance condition emanating from or caused by the marihuana commercial entity. Criminal conduct considered shall be limited to the violation of a state law or regulation or City ordinance.
[2] 
In addition to the basis for revocation and/or suspension in Subsection D(1) above, the City Council may revoke a permit for cause in accordance with Section 802.17.
E. 
Any person whose permit is denied, revoked or suspended shall be entitled to a hearing in with the City Council upon written request delivered to the City Clerk within 10 days of the decision to deny, revoke, or suspend the permit.
Nothing in this article shall be deemed to prohibit the City Manager or his or her designee from imposing other penalties authorized by the City of Bridgman ordinances or other ordinance of the City, including filing a public nuisance action or any other legal action in a court of competent jurisdiction.
Except as otherwise provided in this article, a person who violates or fails to comply with any of the provisions of this article is responsible for a municipal civil infraction and shall be subject to a civil fine of $250 for a first offense, and at least $500 for any second or subsequent offense, along with being responsible for attorney fees and any other relief that may be imposed by the court.