[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 12-12-2019. Amendments noted where applicable.]
An ordinance to provide a title for the chapter; to define words;
to authorize the operation of and provide regulations for medical
marihuana facilities in Lawrence Township pursuant to Public Act 281
of 2016,[1] as may be amended; to provide for an annual fee; to provide
penalties for violation of this chapter; to provide for severability;
to repeal all ordinances or parts of ordinances in conflict therewith
and to provide an effective date.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
This chapter shall be known as and may be cited as the "Lawrence
Township Medical Marihuana Facilities Ordinance."
Words used herein shall have the definitions as provided for
in P.A. 281 of 2016, as may be amended.
A.
The following
medical marihuana facilities may be authorized to operate within the
Township by the holder of a state operating license, subject to compliance
with P.A. 281 of 2016,[1] as may be amended, the rules promulgated thereunder and
this chapter.
(1)
Not
more than 20 growers shall be authorized in the Township, which number
shall include all of the following Class A, Class B and Class C growers
authorized in the Township:
[Amended 1-14-2021; 5-18-2021]
(a)
Not
more than three Class A growers (500 marihuana plants) may be authorized
in the Township.
(b)
Not
more than three Class B growers (1,000 marihuana plants) may be authorized
in the Township.
(c)
Not
more than nine Class C growers (1,500 marihuana plants) may be authorized
in the Township.
[Amended 1-13-2022; 2-10-2022]
(2)
Not
more than three processors shall be authorized in the Township.
(3)
Not
more than zero provisioning centers shall be authorized in the Township.
(4)
Not
more than three safety compliance facilities shall be authorized in
the Township.
(5)
Not
more than three secure transporters shall be authorized in the Township.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
B.
The Township
shall accept applications for authorization to operate a medical marihuana
facility within the Township. Application shall be made on a Township
form and must be submitted to the Township Clerk and/or other designee
of the Township Board (hereinafter referred to as "Clerk"). Once the
Clerk receives a complete application, including the initial annual
medical marihuana facility fee, the application shall be time and
date stamped. Complete applications shall be considered for conditional
approval in consecutive time and date stamped order. The Township
Board shall consider the application at its next regularly scheduled
meeting following submission of the application. Where multiple applications
are received, and the number of licenses applied for exceed the number
of licenses available, the applications shall be considered by the
Township Board pursuant to the evaluation criteria below. Once the
Township Board has determined which applications will be authorized
pursuant to the evaluation criteria, any additional complete applications
shall be held in abeyance for future conditional licensure. Any applicant
waiting for future conditional licensure may withdraw their application
by written notice to the Clerk at any time. The evaluation criteria
are as follows:
[Amended 6-11-2020]
(1)
The applicant's experience and reputation in operating other licensed
marihuana businesses in Lawrence Township or Van Buren County.
(2)
The applicant's experience and reputation in operating other licensed
marihuana businesses in Michigan.
(3)
If the applicant is a resident of Lawrence Township, Van Buren County,
Michigan.
(4)
If the applicant is a resident of Van Buren County, Michigan.
(5)
The applicant's general business management experience.
(6)
The financial ability or means of the applicant to operate and maintain
the marihuana facility.
(7)
The financial ability or means of the applicant to purchase and maintain
adequate liability and casualty insurance.
(8)
The sources and total amount of the applicant's capitalization to
operate and maintain the proposed marihuana facility.
(9)
The applicant's history of tax delinquency in Lawrence Township,
Van Buren County and/or any other public entity in the past 10 years.
(10)
The applicant's history of noncompliance with any regulatory requirements
in Lawrence Township, Van Buren County or elsewhere within the State
of Michigan.
(11)
An estimate of the number and type of jobs that the marihuana establishment
expects to create and the amount and type of compensation expected
to be paid for such jobs.
(12)
Planned tangible capital investments in the Township, including if
multiple licenses are proposed.
(13)
An explanation of anticipated economic benefits to Lawrence Township
with supporting factual data.
(14)
The applicant's bankruptcy history within the past seven years.
C.
Within 30 days from conditional authorization from the Township, the conditionally authorized applicant must submit proof to the Clerk that the applicant has applied for prequalification from the state for a state operating license or has submitted full application for such license. If the applicant fails to submit such proof, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
D.
If a conditionally authorized applicant is denied prequalification for a state operating license or is denied on full application for a state operating license, then such conditional authorization will be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
E.
A conditionally
authorized applicant shall receive full authorization from the Township
to operate the medical marihuana facility within the Township upon
the applicant providing to the Clerk proof that the applicant has
received a state operating license for the medical marihuana facility
in the Township and the applicant has met all other requirements of
this chapter for operation, including but not limited to any zoning
approval for the location of the facility within the Township.
F.
If a conditionally authorized applicant fails to obtain full authorization from the Township within one year of the date of conditional authorization, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein. The Township Board shall have authority to extend the deadline to obtain full authorization for up to an additional six months on written request of the applicant, within 30 days prior to cancellation, upon the reasonable discretion of the Township Board finding good cause for the extension.
A.
An authorized
medical marihuana facility shall only be operated within the Township
by the holder of a state operating license issued pursuant to P.A.
281 of 2016,[1] as may be amended, and the rules promulgated thereunder.
The facility shall only be operated as long as the state operating
license remains in effect.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
C.
Prior to
operating an authorized medical marihuana facility within the Township
pursuant to a state operating license, the facility must comply with
all Township construction and building ordinances, all other Township
ordinances specifically regulating medical marihuana facilities, and
generally applicable Township police power ordinances. The facility
shall only be operated as long as it remains in compliance with all
such ordinances now in force or which hereinafter may be established
or amended.
D.
An authorized
medical marihuana facility shall consent to inspection of the facility
by Township officials and/or by the County Sheriff's Department, upon
reasonable notice, to verify compliance with this chapter.
E.
If at any time an authorized medical marihuana facility violates this chapter, the Township Board may request that the state revoke or refrain from renewing the facility's state operating license. Once such state operating license is revoked or fails to be renewed, the Clerk shall cancel the Township authorization and the authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
F.
It is hereby
expressly declared that nothing in this chapter be held or construed
to give or grant to any authorized medical marihuana facility a vested
right, license, privilege or permit to continued authorization from
the Township for operations within the Township.
G.
The Township
expressly reserves the right to amend or repeal this chapter in any
way, including but not limited to complete elimination of or reduction
in the type and/or number of authorized medical marihuana facilities
authorized to operate within the Township.
There is hereby established an annual, nonrefundable Township
medical marihuana facility fee in the amount of $5,000 for each authorized
medical marihuana facility within the Township, to help defray administrative
and enforcement costs associated therewith. An initial annual medical
marihuana facility fee of $5,000 shall be payable at the time of application
for Township authorization, and thereafter, the same amount shall
be payable each year by the anniversary of the date of full Township
authorization to operate the medical marihuana facility.
A.
Any person found to have violated this chapter, by a court of competent jurisdiction, is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
B.
This chapter
shall be administered and enforced by the Ordinance Enforcement Officer
of the Township or by such other person(s) as designated by the Township
Board from time to time.
The provisions of this chapter are hereby declared to be severable.
If any clause, sentence, word, section or provision is hereafter declared
void or unenforceable for any reason by a court of competent jurisdiction,
it shall not affect the remainder of such chapter, which shall continue
in full force and effect. The provisions herein shall be construed
as not interfering or conflicting with the statutory regulations for
licensing medical marihuana facilities pursuant to PA 281 of 2016,[1] as may be amended.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
A prosecution that is pending on the effective date of this
chapter and that arose from a violation of an ordinance repealed or
amended by this chapter, or a prosecution that is started within one
year after the effective date of this chapter arising from a violation
of an ordinance repealed or amended by this chapter and that was committed
before the effective date of this chapter shall be tried and determined
exactly as if the ordinance had not been repealed or amended.
This chapter shall take effect 30 days after publication upon
adoption.
