[HISTORY: Adopted by the City Council of the City of Coldwater 6-22-2020 by Ord. No. 833.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 880, Marihuana Establishments, adopted 12-10-2018 by Ord. No. 817.
The following terms shall be defined as follows for purposes
of this chapter:
(a)
This chapter contains words and phrases that are defined in the MRTMA.[1] As used in this chapter, they have the same meanings as
provided in the MRTMA, as may be amended, and rules promulgated thereunder,
unless a term is otherwise defined in this chapter or the context
requires a different meaning.
[1]
Editor’s Note: See MCLA § 333.27951 et seq.
(b)
APPLICANT
LICENSEE
MARIHUANA ADULT USE ESTABLISHMENT or ADULT USE MARIHUANA ESTABLISHMENT
or MARIHUANA ESTABLISHMENT
MUNICIPAL MARIHUANA LICENSE
Terms.
A person who applies for a municipal marihuana license under
this chapter. The term shall have the same definition as provided
in the rules established by the Marijuana Regulation Agency (the "MRA")
pursuant to the MRTMA, as approved by the governor of the State of
Michigan, and filed with the Michigan Secretary of State Rules or
other regulations promulgated thereunder.
A person or entity issued a marihuana establishment license
under this chapter or by the state, including safety compliance facilities,
and secure transporters.
A marihuana grower, marihuana safety compliance facility,
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 MRTMA.
A license issued pursuant to this chapter that allows the
licensee to operate one of the permitted establishments allowed within
the City as specified in the license.
Pursuant to the MRTMA, the City of Coldwater authorizes the operation within the City of only the following marihuana adult use establishments by holders of a municipal marihuana license, who possess a valid, current, state-issued operating license for the same type of marihuana establishment under the MRTMA. Authorized marihuana establishments must operate at all times in compliance with the laws of the State of Michigan, including the MRTMA, and all applicable rules, and comply with all of the additional requirements for municipal marihuana license holders set forth in this chapter, all of the requirements of Part Twelve, Planning and Zoning Code, of the City of Coldwater, including, without limitation, Chapter 1295, and all other applicable laws, administrative rules, and ordinances:
Pursuant to the MRTMA, Section 6.1, the City of Coldwater prohibits
the licensing and operation of certain marihuana establishments within
its jurisdiction to the extent that the City is authorized to prohibit
them under the MRTMA, including the following:
Pursuant to the provisions of Section 6.1 of the MRTMA, all marihuana establishments except those expressly permitted in this chapter 880 are prohibited within the City of Coldwater.
All marihuana facilities authorized under the Michigan Medical
Marihuana Act, 2008 IL 1, MCLA § 333.26421 et seq. (the
"MMFLA"), are prohibited within the boundaries of the City of Coldwater.
(a)
No person shall operate a marihuana establishment in the City of
Coldwater without first obtaining a municipal marihuana license as
required by this chapter.
(b)
For co-located marihuana establishments as authorized by state law,
a separate municipal marihuana license is required for each type of
marihuana establishment to be operated.
(c)
For marihuana establishments with stacked grower licenses authorized
by this chapter and state law, a municipal marihuana license is required
for each stacked grower license.
(d)
A municipal marihuana license issued under this chapter shall be
valid for one year after the date of issuance. However, the expiration
date of the state operating license issued under the MRTMA that corresponds
to a municipal marihuana license issued under this chapter shall be
the expiration date of the municipal marihuana license. The expiration
of a municipal marihuana license does not affect a person's licensure
under the MRTMA but does affect the person's ability to operate
a marihuana establishment in the City.
(e)
The municipal marihuana license requirement as set forth in this
chapter 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.
(a)
A municipal marihuana license is a revocable privilege and not a
right. Nothing in this chapter may be held or construed to grant a
vested right, license, permit or privilege to continued marihuana
operations within the City.
(b)
A municipal marihuana license issued under this chapter is valid
only for the applicant named on the license, the proposed location
of the marihuana establishment identified on the license, and the
type of marihuana establishment identified on the license. Each municipal
marihuana license is personal and exclusive to the recipient.
(c)
The revocation, suspension, and placement of restrictions by the
state on a state license issued pursuant to the MRTMA applies equally
to the municipal marihuana license.
(d)
An applicant for and a recipient of a municipal marihuana license
has a continuing duty to provide information requested by the City
and to cooperate in any investigation, inquiry, or hearing conducted
by the City.
(e)
Acceptance of a municipal marihuana license issued under this chapter
constitutes consent by the holder of the license for the City to conduct
inspections of the licensed premises to ensure compliance with this
chapter and Coldwater zoning ordinances, including any conditions
of a special use permit and state law.
(f)
The issuance of a municipal marihuana license 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.
(g)
This chapter does not apply to or regulate any patient or caregiver
conduct protected by the Michigan Medical Marihuana Act, 2008 IL 1,
MCLA 333.26421 et seq.
(h)
No municipal marihuana license, nor any interest in a municipal marihuana
license, may be sold, assigned, mortgaged or otherwise transferred
to any other person as restricted in the MRTMA and in the rules promulgated
thereunder.
(a)
An application for a municipal marihuana license shall be submitted
to the City Clerk on a form provided by the City. Any application
that does not include all information requested by the application
or that is not supported by all materials required by this chapter
or the license application form shall be denied and/or rejected.
(b)
The application may require any information that will enable the
City Clerk to make a fair determination as to the applicant's
fitness and ability to comply with the provisions of this chapter
and all other applicable laws, ordinances, and rules and regulations,
including, but not limited to:
(1)
The name of the applicant and the address of the proposed marihuana
establishment and any other contact information requested on the application
form.
(2)
The name and address of all owners and interests (entities and
individuals) in the real property on which the marihuana establishment
is proposed to be located.
(3)
A copy of the official paperwork issued by Michigan Department
of Licensing and Regulative Affairs (LARA) and/or the MRA indicating
that the applicant has successfully completed the prequalification
step of the application for a state license under the MRTMA.
(4)
Proof of the applicant's legal interest in the premises.
(5)
A copy of the security plan required by Michigan Administrative
Rule 35, R. 333.235 or any successor rule.
(6)
The name and contact information for the on-site operator if
different from the holder of the state operating license and/or the
municipal marihuana license.
(7)
Proof of insurance naming the City and its officials as an additional
insured.
(8)
Other information and materials specific to the type of marihuana
establishment being licensed as indicated on the license application.
(c)
Payment of a nonrefundable application fee of $5,000 for each municipal
marihuana license sought. Fees due under this chapter are assessed
to help defray administrative and enforcement costs associated with
the applications for municipal marihuana licenses and administration
costs of overseeing marihuana establishments within the City.
(d)
The City Clerk has no obligation to process or approve any incomplete
application.
(e)
The issuance of any municipal marihuana license shall be provisional
until such time as the applicant obtains marihuana establishment special
use approval pursuant to City zoning ordinances and the corresponding
license issued by the State of Michigan pursuant to the MRTMA.
(a)
If, after investigation, the City shall be reasonably satisfied that
the applicant has demonstrated compliance with all requirements for
issuance of a municipal marihuana license, the City shall provisionally
issue the applicable municipal marihuana license or grant renewal
of an existing license, conditioned on the applicant's meeting
the requirements of this section.
(b)
A municipal marihuana license shall be final, and the licensee shall
be authorized to operate under a municipal marihuana license only
after the following additional requirements are met:
(1)
The licensee also holds a valid, current state operating license
issued by the state for the location and establishment type. A copy
of the valid, current state operating license shall be provided to
the City Clerk.
(2)
Any and all marihuana establishment special land use approvals
have been issued.
(3)
A certificate of occupancy has been issued for the location.
(4)
The licensee is not operating in violation of any City ordinances
or state law.
(5)
All other license-specific requirements as stated in the license
application have been met.
(a)
Operations at a marihuana establishment operated by a municipal marihuana
license holder shall be conducted in compliance with the MRTMA, and
any rules promulgated pursuant to the MRTMA, and all other laws, rules,
and regulations of the State of Michigan and the City of Coldwater.
(b)
All security measures required by the state shall be maintained in
good working order.
(c)
All marihuana establishments authorized by this chapter shall display the valid, current state license on the premises at all times where it may be viewed by City staff. All marihuana establishments shall be subject to inspection at any time by the Coldwater Department of Public Safety and the City Manager or the City Manager's designee, to determine whether the marihuana establishment is operating in accordance with all applicable laws, including state law and City ordinances consistent with state law, and any conditions on the marihuana establishment special land use approval granted for the location pursuant to the City Zoning Code, Chapter 1295.
(d)
Hours of operation for marihuana retailers and marihuana microbusinesses
shall be limited to no earlier than 9:00 a.m. and no later than 9:00
p.m., Monday through Sunday.
(a)
A municipal marihuana license issued under this chapter may be denied,
suspended, revoked, or nonrenewed for any of the following reasons:
(1)
The applicant or licensee is ineligible or does not hold the
appropriate state operating license issued by the State of Michigan
under the MRTMA.
(2)
The applicant or licensee, or his or her agent, manager, or
employee, has violated or does not meet or has failed to comply with
any of the terms, requirements, conditions, or provisions of this
chapter, the City Zoning Code, or any applicable state law, rule or
regulation.
(3)
The municipal marihuana license application or the marihuana
establishment special use approval application contains any misrepresentation
or omission of any material fact, or false or misleading information,
or the applicant has provided the City with any other false or misleading
information relating to the marihuana establishment.
(4)
Marihuana is grown, dispensed, possessed, distributed, processed,
or sold on the premises in violation of this chapter, the marihuana
establishment special use approval, the MRTMA, or any other applicable
state or local law, rule, or regulation.
(5)
The marihuana establishment was operated or is operating in
violation of the specifications of the marihuana establishment special
use approval, the municipal marihuana license, any conditions of approval
by the City of marihuana establishment special use approval, or any
other applicable state or local law, rule, or regulation.
(6)
The marihuana establishment's state operating license has
been suspended, revoked, denied, or not renewed.
(7)
The marihuana establishment has been operated in a manner that
adversely affects the public health, safety, or welfare. Evidence
to support a finding under this subsection may include, without limitation,
a recurring pattern of conduct that violates City ordinances directly
related to or arising from the operation of the marihuana establishment;
a recurring pattern of drug-related criminal conduct within the premises
of the marihuana establishment or in the immediate area surrounding
the establishment; a recurring pattern of criminal conduct directly
related to or arising from the operation of the marihuana establishment;
or an ongoing nuisance condition emanating from or caused by the marihuana
establishment. Criminal drug-related conduct considered under this
section shall be limited to the violation of a state law, state regulation
or City ordinance.
Nothing in this chapter shall be deemed to prohibit the City
from imposing other penalties or seeking other remedies authorized
by other City ordinances, including the filing of a public nuisance
action or other legal action in a court of competent jurisdiction.
(a)
The same procedures that apply to initial applications for a municipal
marihuana license shall apply to the renewal of existing licenses.
(b)
An application for renewal shall be submitted no earlier than 60
days before the expiration of the existing municipal marihuana license
and no later than 30 days before the expiration of the existing municipal
marihuana license.
(c)
If a license renewal is not timely submitted, the municipal marihuana
license may be renewed within 60 days after its expiration date upon
application, payment of all applicable fees and penalties, and satisfaction
of any renewal requirements so long as state licensure is valid.
(d)
After the initial application and licensing, each annual municipal
marihuana license renewal fee shall be $5,000, to be paid at the time
of submission of the application for renewal. The fee shall be nonrefundable.
(a)
Any person who violates a provision of this chapter shall be responsible
for a municipal civil infraction and shall be subject to civil infraction
fines and costs as follows, but in no case shall the fines and costs
exceed the fine limitation set by the state.
(1)
A person who disobeys, neglects, or refuses to comply with any
provision of this chapter or the Zoning Code of the City of Coldwater
or any marihuana establishment special use approval issued thereunder,
or who causes, allows, or consents to any of the same, shall be deemed
to be responsible for a violation of this chapter.
(2)
A violation of this chapter or the Zoning Code of the City of
Coldwater is deemed to be a nuisance, per se.
(3)
A person who violates or fails to comply with any provision
of this chapter is responsible for a municipal civil infraction and
shall be subject to a fine of not less than $100 and not more than
$500, in the discretion of the court, plus the costs of prosecution.
This subsection is not intended to prevent enforcement of any provision
of state law. The foregoing shall be in addition to the rights of
the City to proceed at law or in equity with all other appropriate
and proper remedies. The violator shall pay all costs, including all
expenses, direct and indirect, incurred by the City in connection
with the municipal civil infraction.
(b)
Each day of a violation shall be a separate violation.
(c)
In addition, the City may seek injunctive relief against a person
alleged to be in violation of this chapter, and such other relief
as may be provided by law.
The City Clerk shall coordinate with the MRA to provide all
information that LARA or the MRA deems necessary to carry out licensing
under the MRTMA, including, but not limited to:
(a)
Attestation of ordinances and zoning regulations adopted by the City
relating to marihuana establishments and any amendments thereto.
(b)
Information regarding a licensee or applicant for a state operating
license, including:
(1)
Description of a violation of a City ordinance, including a
zoning or a marihuana establishment special use approval requirement,
but only if the violation relates to activities licensed under this
chapter, City zoning ordinances relating to marihuana establishments,
or applicable marihuana laws;
(2)
Denial, suspension, revocation, or nonrenewal of a municipal
marihuana license;
(3)
Whether there has been any change to any City ordinance, including,
without limitation, a zoning ordinance relating to marihuana establishments
or municipal licensing, since the state operating license was issued,
and a description of any change or changes; and
(4)
Information that the MRA deems necessary for determining whether
or not a state license under the MRTMA should be issued or renewed.
(c)
Recommendation to LARA or the MRA that a state operating license
for a marihuana establishment in the City of Coldwater be restricted
or not renewed. The City Clerk shall provide specific written input
and information necessary for the MRA or LARA to consider the recommendation.
Nothing in this chapter shall be construed in such a manner
as to conflict with the MMFLA, the MMA, the MRTMA, or other applicable
state marihuana laws or rules. If any provision of this chapter differs
from a provision of any other applicable law, ordinance, rule, or
regulation, both the provision of this chapter and the differing provision
shall apply if possible. If the two provisions are in conflict, then
the provision establishing the higher or stricter standard shall apply,
consistent with state law.
The provisions of this chapter are hereby declared to be severable.
If any clause, sentence, word, article, section or provision is hereafter
declared void or unenforceable for any reason by a court of competent
jurisdiction, the remainder of this chapter shall continue in full
force and effect.
[Amended 8-24-2020 by Ord. No. 837]
Applications for municipal marihuana licenses for all establishments
in the D-2 Heavy Industrial District shall not be accepted before
September 1, 2020. Applications for municipal marihuana licenses for
all establishments in the C-2 and C-4 shall not be accepted before
October 16, 2020.
This chapter shall be effective 21 days after adoption and after
publication.
