[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 6-11-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 30, Marihuana
Establishments, adopted 2-14-2019.
This chapter shall be known as and may be cited as the "Township
of Lawrence Recreational (Adult Use) Marihuana Establishment Ordinance."
The purpose of this chapter is to regulate recreational (adult
use) marihuana establishments in the Township in order to protect
the public health, safety and general welfare of the Township's residents,
to provide reasonable regulations regarding Township licensing of
recreational (adult use) marihuana establishments, to provide a method
to defray administrative costs of such establishments and to coordinate
Township regulations and license approval with laws and regulations
enacted by the State of Michigan. It is not the intent of this chapter
to restrict or abrogate the protections for recreational (adult use)
marihuana found in the Michigan Regulation and Taxation of Marihuana
Act, Initiated Law 1 of 2018, MCLA § 333.27951 et seq.,
as may be amended.
Words used herein shall have the definitions as provided for
in the Michigan Regulation and Taxation of Marihuana Act, Initiated
Law 1 of 2018, MCLA § 333.27951 et seq., as may be amended.
The following recreational (adult use) marihuana establishments
may be authorized to operate within the Township by the holder of
a state operating license, and the Township may issue a Township license
for the same, subject to compliance with the Michigan Regulation and
Taxation of Marihuana Act (Initiated Law 1 of 2018), as may be amended,
the rules promulgated thereunder and this chapter:
A.
Eighteen grow licenses shall be authorized in the Township: three
Class A, three Class B, and 12 Class C.
[Amended 1-14-2021; 11-11-2021; 1-13-2022; 4-14-2022]
B.
Three processors shall be authorized in the Township.
C.
One retailer shall be authorized in the Township.
[Amended 10-13-2022]
D.
Zero microbusinesses shall be authorized in the Township.
E.
Three secure transporters shall be authorized in the Township.
F.
Three safety compliance facilities shall be authorized in the Township.
G.
Zero marihuana event organizers shall be authorized in the Township.
H.
Zero temporary marihuana events shall be authorized in the Township.
I.
Zero designated consumption establishments shall be authorized in
the Township.
J.
Six excess marihuana grower licenses are authorized in the Township.
[Amended 1-13-2022]
K.
No other license types as may be established by the rules promulgated
pursuant Initiated Law 1 of 2018, as amended, shall be authorized
in the Township. In the event new types or types not listed herein
exist, the number of authorized licenses shall be zero.
A.
All applicants for a Township recreational (adult use) marihuana
establishment license shall be prequalified by the State of Michigan
Marihuana Regulatory Agency and shall provide proof of such approval
from the state prior to or upon applying to the Township for a Township
license. In the event that an applicant already has a license from
the State of Michigan for a medical marihuana facility license, the
applicant does not need to obtain prequalification for a recreational
(adult use) marihuana establishment license.
B.
On and after July 21, 2020, the Township shall accept applications for a Township license to operate a recreational (adult use) marihuana establishment 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 (hereinafter referred to as the "Clerk"). Once the Clerk receives a complete application, including the initial annual recreational (adult use) marihuana establishment fee, the application shall be time and date stamped. All complete applications shall be considered for conditional authorization and/or Township licensure. In the event that more applications are submitted to the Clerk than the number of recreational (adult use) marihuana establishment licenses authorized, or remaining available, under this chapter, the applications shall be considered by the Township Board pursuant to the evaluation criteria contained in § 30-6 of this chapter. The Township Board shall consider an application for a recreational (adult use) marihuana establishment licensure within 30 days of the date of receipt of a complete application. Once the Township Board has determined which applications will be authorized for Township licensure (per §§ 30-5 and 30-6 herein), 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 and may receive a partial refund of the initial annual medical marihuana fee submitted.
C.
If a conditionally licensed applicant is denied a state operating license, then such conditional license will be canceled by the Clerk, and the conditional license shall be available to the next applicant for the specific type of recreational (adult use) marihuana establishment license in order of rankings, per the evaluation criteria in § 30-6.
D.
A conditionally licensed applicant shall receive a license from the
Township to operate the recreational (adult use) marihuana establishment
within the Township upon the applicant providing the Clerk proof that
the applicant has received a state operating license for the recreational
(adult use) marihuana facility in the Township and the applicant has
met all other requirements of this chapter for the operation of a
recreational (adult use) marihuana establishment.
E.
If a conditionally licensed applicant fails to obtain a license from the Township within one year from the date of the conditional license, then such conditional license shall be canceled by the Clerk, and the conditional license shall be available to the next applicant for the specific type of recreational (adult use) marihuana establishment license in order of rankings, per the evaluation criteria in § 30-6. The Township Board shall have the authority to extend the deadline to obtain a Township license 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 making a finding of good cause for the extension.
F.
A licensee shall not operate a recreational (adult use) marihuana
establishment at any location in the Township other than the address
provided in the application to the Township.
In the event that the Township receives more applications for
recreational (adult use) marihuana establishment licenses than there
are licenses available, the Township Board shall review all applications
to determine which of the applications are best suited to operate
such establishment in the Township in compliance with Initiated Law
1 of 2018, as amended. In making such analysis, the Township Board
shall consider the following criteria:
A.
The applicant's experience and reputation in operating other licensed
marihuana businesses in Lawrence Township or Van Buren County.
B.
The applicant's experience and reputation in operating other licensed
marihuana businesses in Michigan.
C.
If the applicant is a resident of Lawrence Township, Van Buren County,
Michigan.
D.
If the applicant is a resident of Van Buren County, Michigan.
E.
The applicant's general business management experience.
F.
The financial ability or means of the applicant to operate and maintain
the marihuana facility.
G.
The financial ability or means of the applicant to purchase and maintain
adequate liability and casualty insurance.
H.
The sources and total amount of the applicant's capitalization to
operate and maintain the proposed marihuana facility.
I.
The applicant's history of tax delinquency in Lawrence Township,
Van Buren County, and/or any other public entity in the past 10 years.
J.
The applicant's history of noncompliance with any regulatory requirements
in Lawrence Township, Van Buren County, or elsewhere within the State
of Michigan.
K.
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.
L.
Planned tangible capital investments in the Township, including if
multiple licenses are proposed.
M.
An explanation of anticipated economic benefits to Lawrence Township
with supporting factual data.
N.
The applicant's bankruptcy history within the past seven years.
A.
A licensed recreational (adult use) marihuana establishment shall
only be operated within the Township by the holder of a state operating
license issued pursuant to the Michigan Regulation and Taxation of
Marihuana Act (Initiated Law 1 of 2018), as may be amended, and the
rules promulgated thereunder. The facility shall only be operated
as long as the state operating license and Township license both remain
in effect.
B.
Prior to operating a licensed recreational (adult use) marihuana
establishment within the Township pursuant to a state operating license,
the facility must comply with all applicable regulations, ordinances
and codes.
C.
Prior to operating an authorized recreational (adult use) marihuana
establishment within the Township pursuant to a state operating license,
the establishment must comply with all Township construction, building
and zoning ordinances, and all other applicable Township ordinances
specifically regulating recreational (adult use) marihuana establishments
and generally applicable Township regulatory ordinances and regulations.
The establishment shall only be operated as long as it remains in
compliance with all such ordinances and regulations now in force or
which hereinafter may be established or amended.
D.
If at any time a licensed recreational (adult use) marihuana establishment violates this chapter, the Township Board may request that the state revoke or refrain from renewing the establishment's state operating license. Once such state operating license is revoked or fails to be renewed, the Clerk shall cancel the Township license, and the license shall be available to the next applicant for the specific type of recreational (adult use) marihuana establishment license in order of rankings, per the evaluation criteria in § 30-6.
E.
A recreational (adult use) marihuana establishment is not required
to have any minimum setback from an existing public or private school
providing education in kindergarten or any Grades 1 through 12.
G.
A recreational (adult use) marihuana establishment shall prevent
smoke, odors, debris, dust, noise, lights, glare, heat, other emissions
or discharge from interfering with the reasonable and comfortable
use and enjoyment of another's property. Whether smoke, odors, debris,
dust, noise, lights, glare, heat, other emissions or discharge interfere
with the reasonable and comfortable use and enjoyment of property
shall be measured against the objective standards of a reasonable
person of normal sensitivity.
H.
A recreational (adult use) marihuana grower, processor and retailer
may operate from a single location, as authorized by Section 6, Subsection
5, of the Michigan Regulation and Taxation of Marihuana Act (Initiated
Law 1 of 2018), but in such case said establishment(s) shall be located
in an area zoned for industrial or agricultural uses, as specified
in Administrative Rule 24.
I.
A marihuana retailer establishment shall only be open to the public
between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
A marihuana retailer establishment shall not be open on Sunday.
J.
A microbusiness retailer component shall only be open to the public
between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
A microbusiness retailer component shall not be open on Sunday.
K.
All signage and advertising shall comply with Township of Lawrence,
Van Buren County and/or MDOT regulations.
L.
A licensed recreational (adult use) marihuana establishment shall
consent to inspection of the facility by Township officials, including
Township police officers, upon reasonable notice, to verify compliance
with this chapter.
M.
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 licenses for recreational
(adult use) marihuana establishments authorized to operate within
the Township.
There is hereby established an annual nonrefundable Township
recreational (adult use) marihuana establishment fee in the amount
of $5,000, for each licensed recreational (adult use) marihuana establishment
within the Township, to help defray administrative and enforcement
costs associated therewith. An initial annual recreational (adult
use) marihuana establishment fee of $5,000 shall be payable at the
time of application for Township authorization and thereafter the
same amount shall be payable each year on or before January 5. The
Township may prorate the application fee based on the application
date and/or renewal application date.
A.
It is hereby expressly declared that nothing in this chapter be held
or construed to give or grant to any authorized recreational (adult
use) marihuana establishment a vested right, privilege or permit to
continued licensure from the Township for operations within the Township.
B.
Each license is exclusive to the licensee and cannot be sold or transferred.
The attempted transfer, sale or other conveyance of an interest in
a license without prior approval of the Planning Commission and/or
Township Board is grounds for suspension or revocation of the license
or for other appropriate sanction.
C.
The Township Board, after notice and hearing, may suspend, revoke
or refuse to renew a license for any of the following reasons:
(1)
The applicant or licensee, or his/her agent, manager or employee,
has violated, does not meet or has failed to comply with any of the
terms, requirements, conditions of provisions of this chapter or with
any applicable state or local law or regulation;
(2)
The recreational (adult use) marihuana establishment has operated
in a manner that adversely affects the public health, safety and welfare.
D.
Evidence to support a finding for nonrenewal, suspension or revocation
of a license may include, without limitation, a continuing pattern
of conduct of drug-related criminal complaints within the premises
of the recreational (adult use) marihuana establishment or in the
immediate surrounding area or an ongoing nuisance condition emanating
from or caused by a recreational (adult use) marihuana establishment.
E.
An applicant may appeal any Township decision regarding licensure,
nonrenewal, suspension or revocation of a license to the full Township
Board, upon written request. An applicant requesting such appeal shall
submit the request in writing to the Township Clerk, which request
shall include reasons for the appeal. The Township Clerk shall, within
a reasonable time thereafter, provide notice to the applicant of the
time and date of the Township Board meeting at which the appeal will
be heard. At such Township Board meeting, the applicant will have
the opportunity to present his/her case supporting their appeal request.
A.
Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter or rule or regulation adopted pursuant hereto, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this chapter, shall be in violation of this chapter and shall be responsible for a municipal civil infraction under Chapter 25 of the Lawrence Township Code of Compiled Ordinances.
B.
A violation of this chapter is a municipal civil infraction, for
which the fines shall not be less than $100 nor more than $500 for
the first offense and not less than $250 nor more than $500 for subsequent
offenses, in the discretion of the Court. For purposes of this section,
"subsequent offenses" means a violation of the provisions of this
chapter committed by the same person within 12 months of a previous
violation of the same provision of this chapter for which said person
admitted responsibility or was adjudicated to be responsible. The
foregoing sanctions shall be in addition to the rights of the Township
to proceed at law or equity with other appropriate and proper remedies.
Additionally, the violator shall pay costs which may include all expenses,
direct and indirect, which the Township incurs in connection with
the municipal civil infraction. This section is not intended to conflict
with the penalty provisions in the Michigan Regulation and Taxation
of Marihuana Act, Initiated Law 1 of 2018, MCLA § 333.27951
et seq., as may be amended.
C.
This chapter shall be administered and enforced by the Township's
Ordinance Enforcement Officer, Township police officers 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 ordinance, which shall continue
in full force and effect. The provisions herein shall be construed
as not interfering or conflicting with the statutory regulations for
licensing recreational (adult use) marihuana establishments pursuant
to the Michigan Regulation and Taxation of Marihuana Act (Initiated
Law 1 of 2018).
All ordinance or parts of ordinances in conflict herewith are
hereby repealed.
This chapter shall take effect 30 days after publication after
adoption.
