Township of Denton, MI Marihuana Operations

The number of marihuana operation permits in effect at any time shall not exceed the following maximums within the Township:

Grower permits, Class A: 6.

Grower permits, Class B: 6.

Grower permits, Class C: 6.

Processor permits: 6.

Provisioning center permits: 2.

(f)

Safety compliance facility permits: 2.

(g)

Secure transporter permits: 2.

(h)

Marihuana microbusinesses: 0.

(i)

Excess marihuana growers: 0.

The Township Board may review and amend these numbers by resolution annually or as it determines to be advisable. Such revisions shall not be the basis for termination or nonrenewal of a permit previously issued.

It shall be unlawful for any person to engage in, or be issued a permit for, the operation of the following marihuana operations:

Temporary marihuana events.

Designated consumption establishments.

Marihuana event organizers.

No person shall operate a marihuana operation at any time and at any location within the Township unless an effective permit for that person at that location has been issued under this chapter.

Marihuana operations shall operate only as allowed under this chapter.

The requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable federal, state or local laws, regulations, codes or ordinances.

Applicants shall pay all applicable fees for permits to the Township to defray the costs incurred by the Township for inspection, administration and enforcement of the local regulations regarding marihuana operations. The Township Board shall by resolution set the fees in an amount not to exceed any limitations imposed by Michigan law.

A permit or renewal permit shall remain valid only for one year following its approval.

A permit and a renewal permit shall not confer any vested rights or reasonable expectation of subsequent renewal on the applicant or permit holder.

Each year, any pending applications for renewal, amendment, or transfer of existing permits shall be reviewed and granted or denied before applications for new permits are considered.

It is always the exclusive responsibility of each permit holder, applicant, owner, partner, director, officer, or manager at all times during the application period and during its operation to immediately provide the Township with all material changes in any information submitted on an application and any other changes that may materially affect any state license or Township permit.

No permit issued under this chapter may be transferred to any person unless the transferee has submitted an application, all required fees under this chapter and has been granted a permit by the Township Board under this chapter.

No change in control of a business organization or any attempted transfer, sale, or other conveyance of an interest of more than 1% in a permit, whether through a single transaction or the combined sum of multiple transactions, is permitted unless the transferee has submitted an appropriate application and all required fees under this chapter.

The permit issued under this chapter shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.

Acceptance by the permit holder of a permit constitutes consent by the permit holder and its owners, officers, managers, agents and employees for any state, federal or local law enforcement to conduct random and unannounced examinations of the facility and all articles of property in that facility at any time to ensure compliance with this chapter, any other local regulations, and with the permit.

A permit holder may not engage in any other marihuana operation in the permitted premises or on the permitted property, or in its name at any other location within the Township, without first obtaining a separate permit.

§ 210-4 Other laws and ordinances.

In addition to the terms of this chapter, any marihuana operation shall comply with all Township ordinances, including without limitation the Township Zoning Ordinance, to the extent such ordinances do not create obligations in conflict with this chapter. Any commercial medical marihuana facility shall comply with the provisions of the medical marihuana Facilities Licensing Act, and any marihuana establishment shall comply with the provisions of the Regulation and Taxation of Marihuana Act. Marihuana operations require a special use permit under the Township Zoning Ordinance and must adhere to all conditions of a special use permit.

§ 210-5 Application for, renewal of and transfer of permits.

Application. An application must be submitted for each and every single permit or marihuana operation type which may be operated within the Township. An application shall be submitted to the Clerk, and shall contain the following information:

The name, address, phone number and e-mail address of the applicant or permit holder and the proposed marihuana operation sought by the applicant. For permits, the application must specify whether the applicant is seeking to operate pursuant to the MMFLA, MRTMA or both;

The names, home addresses and personal phone numbers for all owners, partners, directors, officers, and managers of the permit holder and the marihuana operation;

One copy of all the following:

All documentation showing the applicant's valid tenancy, ownership or other legal interest in the proposed permitted property and permitted premises. If the applicant is not the owner of the proposed permitted property and permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a commercial medical marihuana facility, marihuana establishment or both, whichever may apply.

If the applicant is a corporation, nonprofit organization, limited-liability company or any other entity other than a natural person, indicate its legal status, attach a copy of all company formation documents (including amendments), a statement of all owners and their percentage of ownership in the company or corporation accounting for 100% of the ownership interest in the applicant, proof of registration with the State of Michigan, and a certificate of good standing.

A valid, unexpired driver's license or state-issued ID for all owners, directors, officers and managers of the proposed marihuana operation.

Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.

Application for a sign permit, if any sign is proposed.

(f)

Nonrefundable application fee.

(g)

Business and operations plan, showing in detail the marihuana operation's proposed plan of operation, including without limitation, the following:

[1]

A description of the type of facility or establishment proposed and the anticipated or actual number of employees.

[2]

A security plan meeting the requirements of this chapter, which shall include a general description of the security system(s), current centrally alarmed and monitored security system service agreement for the proposed permitted premises, and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations.

[3]

A description by category of all products to be sold.

[4]

All Material Safety Data Sheets for any nutrients, pesticides, and other chemicals proposed for use in the marihuana operation.

[5]

A description and plan of all equipment and methods that will be employed to stop any impact to adjacent uses, including enforceable assurances that no odor will be detectable at the property line of the permitted premises.

[6]

A plan for the disposal of marihuana and related byproducts that will be used at the facility.

(h)

Signed and sealed (by Michigan registered architect, surveyor or professional engineer) site plan and interior floor plan of the permitted premises and the permitted property.

(i)

An identification of any business that is directly or indirectly involved in the growing, processing, testing, transporting or sale of marihuana for the facility.

(j)

Whether any applicant, owner, partner, director, officer, or manager of the applicant or any entity owned or controlled by any owner, partner, director, officer, or manager of the applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action.

(k)

A complete list of all marihuana permits and licenses held by the applicant, or any owner, partner, director, officer, or manager of the applicant or any entity owned or controlled in whole or part by any owner, partner, director, officer, or manager of the applicant, whether commercial medical marihuana facilities or marihuana establishments, including complete copies of the issued permits and licenses.

(l)

Information regarding any other marihuana establishment, commercial medical marihuana facility, similar permit or license, or any other marihuana business or venture that the applicant, or any owner, partner, director, officer, or manager of the applicant or any entity owned or controlled in whole or part by any owner, partner, director, officer, or manager of the applicant is authorized to operate in any other jurisdiction within the state, or another state, and their involvement in each.

(m)

An official statement issued by the Department of Licensing and Regulatory Affairs, Marihuana Regulatory Agency, or its successor, that the applicant has successfully completed prequalification for a license, if any.

Any other information reasonably requested by the Township to be relevant to the processing or consideration of the application.

Information obtained from the applicant or permit holder is exempt from public disclosure under state law.

(6)

The applicant and all related persons acknowledge and consent to a background check and investigation by the Township as a condition of the Township processing and reviewing the application for approval or denial of a permit.

(7)

A renewal application or co-location application may expressly incorporate by reference information or documentation contained in the original permit application or prior permit renewal application, making it clear where such information or documentation can be found, provided that the information or documentation has not changed.

(8)

Prior to the approval or renewal of an application for a grower permit, an applicant may amend the class of the grower permit application by submitting an application form and expressly incorporating by reference the information or documentation contained in the original permit application. The Township may impose a fee as established by resolution. The applicant will be required to show proof of a valid state license allowing operation of the new class of the grower permit prior to operation.

Renewal application. The same requirements that apply to all new applications for a permit apply to all renewal applications. Renewal applications shall be submitted to and received by the Clerk not less than 90 days prior to the expiration of the annual permit, except that an application requesting a change in the location of the permitted premises shall be submitted and received not less than 120 days prior to the expiration of the permit. A permit holder whose permit expires and for which a complete renewal application has not been received by the expiration date shall be deemed to have forfeited the permit under this chapter. The Township will not accept renewal applications after the expiration date of the permit.

Transfer application. Any unauthorized transfer or attempted transfer of a permit or ownership interest in a permit holder constitutes a violation of this chapter.

The same requirements that apply to all new applications for a permit apply to all applications to transfer, sell, or otherwise convey an existing permit to a new legal entity or individual(s), as well as a certified copy of the meeting minutes of the board of directors or members authorizing the transfer, sale, or conveyance of the permit or, if the permit holder is a natural person, a notarized statement or other proof satisfactory to the Township authorizing the transfer. Only after the transferee has applied for and obtained approval for the transfer, including without limitation the payment of the same fees for the transferred permit as applies for a new permit, may the permit be transferred.

No permit holder shall transfer, sell, or otherwise convey more than 1% of the ownership interest in the entity holding the permit, whether in a single transaction or the sum of multiple transactions, without the express approval of the Township Board after submitting a transfer application under this chapter. The transferee applicant and permit holder must submit a change in control transfer application to the Clerk prior to any sale or transfer of stock or membership interest. The application shall include all of the following:

The names, home addresses and personal phone numbers for all owners, directors, officers and managers of the permit holder, the marihuana operation, and applicant;

If the permit holder is a corporation, nonprofit organization, limited-liability company or any other entity other than a natural person, attach a copy of all company formation documents, bylaws, and any amendments, purchase agreement for stock or membership interest, and a certified copy of the meeting minutes of the board of directors or members authorizing the sale of stock or membership interest.

If the applicant is a corporation, nonprofit organization, limited-liability company or any other entity other than a natural person, it shall indicate its legal status, attach a copy of all company formation documents (including bylaws and amendments), identify all owners and their percentage of ownership in the entity accounting for 100% of the ownership interest in the applicant, proof of registration with the State of Michigan, and a certificate of good standing.

A valid, unexpired driver's license or state-issued ID for all owners, directors, officers and managers of the applicant.

Whether any applicant or any owner, partner, director, officer, or manager of the applicant or any entity owned or controlled by any owner, partner, director, officer, or manager of the applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action.

(f)

Information regarding any other marihuana establishment, commercial medical marihuana facility, similar permit or license, or any other marihuana business or venture that the applicant, owner, partner, director, officer, or manager of the applicant, or any entity owned or controlled by any owner, partner, director, officer, or manager of the applicant is authorized to operate in any other jurisdiction within the state, or another state, and their involvement in each.

(g)

A nonrefundable application fee, as set by resolution by the Board.

(h)

Any documents required to reflect that the marihuana operation will be operated and managed consistent with the current filings provided to the Township.

(i)

Any other information reasonably requested by the Township to be relevant to the processing or consideration of the application.

If, prior to the approval of an application, an individual applicant wishes to substitute a different person as applicant, or an applicant that is a corporation, nonprofit organization, limited-liability company or any other entity other than a natural person seeks to undergo a change in ownership greater than 1%, the current applicant may submit a written request to the Clerk to amend the application. Upon approval by the Clerk, the current applicant may amend the application to reflect such a change in identity or ownership, provided that the substituted applicant(s) submits any documents required for a new permit under this chapter. The Township Board may set a fee by resolution for such a change.

The following actions constitute transfer of ownership and require a transfer application, application fee, and Township Board approval:

Persons. Any transfer of more than 1% of an ownership interest in an applicant or permit holder between persons constitutes a transfer of ownership.

Corporations. Any transfer of more than 1% of stock or any change in principal officers or directors of any corporation holding a permit constitutes a transfer of ownership.

Limited-liability companies. Any transfer of more than 1% of membership interest or any change in managing members or change in the interest held by any managing member(s) of any limited-liability company holding a permit constitutes a transfer of ownership.

Partnerships. Any transfer of more than 1% of a partnership interest or any change in general or managing partners of any partnership holding a permit constitutes a transfer of ownership.

Assets. Any transfer of more than 1% of the assets held by an applicant or permit holder within the Township constitutes a transfer of ownership.

Approval, issuance, denial and appeal.

All inspections, review and processing of the application, including transfer applications, shall be completed within 90 days of receipt of a complete application and all required fees. The Township Board shall approve or deny the permit within 120 days of receipt of the completed application and fees, or within 150 days if the location of the permitted premises is proposed to be amended. If the application is approved, then the permit shall be issued to the applicant as the permit holder.

The processing time may be extended upon written notice by the Township for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit. Any denial must be in writing and must state the reason(s) for denial.

If at any time there are a greater number of applications for permits than there are available permits for marihuana operations within the Township, the Township shall decide among competing applications by a competitive process intended to select the applicants who are the best suited to operate within the Township. Preference shall be given to applicants who, at the date of application, have already applied for, received, and begun operating under a permit for commercial medical marihuana facility under the Township's Michigan Marihuana Facilities Licensing Ordinance.

The Township has no obligation to process or approve any incomplete application, and any times provided under this chapter shall not begin to run until the Township receives a complete application, as determined by the Township Board. A determination of a complete application shall not prohibit the Township from requiring supplemental information.

Any final denial of a permit may be appealed to a court of competent jurisdiction; provided that:

With respect to a denial of a new permit, the pendency of an appeal shall not have the effect of granting rights to an applicant, subject to an order of the court; and

With respect to a renewal application, provided that the applicant has paid all required fees (and any additional fees required during the pendency of the appeal), the pre-existing permit shall be extended during the pendency of the appeal, unless otherwise ordered by a court.

No building currently existing. Any applicant for a marihuana operation whose building is not yet in existence at the time of the Township's initial approval shall have one year immediately following the date of the Township's initial approval to commence construction of the building, in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations, and to thereafter complete construction and commence business operations without unreasonable delay.

Effect of transfer. Immediately following the approval of a transfer by the Township Board, transferee(s) will obtain all the interests, rights, obligations, and responsibilities of the previous permit holder. Once a permit holder has transferred his or her ownership interest, any privileges enjoyed by that permit holder under this chapter are terminated. For transfers where no building is yet in existence, the deadline for construction shall be extended to one year immediately following the date the transfer is effectuated, but construction must commence within three years after the Township's initial approval of the permit, regardless of any subsequent transfers.

Duty to supplement.

If, at any time before or after a permit is issued pursuant to this chapter, any information required in the permit application, the MMFLA, the MRTMA, or any rule or regulation promulgated thereunder, changes in any way from that which is stated in the application, the applicant or licensee shall supplement such information in writing within 30 days from the date upon which such change occurs.

An applicant or permit holder has a duty to notify the Township Board in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within 10 days of the date when the applicant, any owner, officer, director, or manager has notice of the event.

An applicant or permit holder has a duty to notify the Township Board in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, or any violation of a local law related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana, the MMMA, the MMFLA, the MRTMA, any building, fire, health or zoning statute, code or ordinance related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana by the applicant, any owner, officer, director, manager, or employee within 10 days of the date when the applicant, any owner, principal officer, director, or manager has notice of the event.

§ 210-6 Operational requirements.

Marihuana operations issued a permit under this chapter and operating in the Township shall at all times comply with the following operational requirements, which the Township Board may review and amend from time to time as it determines reasonable.

Scope of operation. Marihuana operations shall comply with all respective applicable codes of the local zoning, building, and health departments, except to the extent and manner that they are inconsistent with the MMFLA, the MRTMA or this chapter. Commercial medical marihuana facilities must hold a valid local permit and state commercial medical marihuana facility license for the type of commercial medical marihuana facility intended to be carried out on the permitted property. Marihuana establishments must hold a valid local permit and Michigan marihuana establishment license for the type of marihuana establishment intended to be carried out on the permitted property. The facility or establishment operator, owner or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.

Required documentation. Each commercial medical marihuana facility or marihuana establishment shall be operated from the permitted premises on the permitted property. No commercial medical marihuana facility or marihuana establishment shall be permitted to operate from a moveable, mobile or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marihuana. No person under the age of 18 shall be allowed to enter into the permitted premises without a parent or legal guardian.

Security. Permit holders shall at all times maintain a security system that meets state law requirements, and shall also include the following:

Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises;

Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week;

A locking vault permanently affixed to the permitted premises that shall store all marihuana and cash remaining in the facility or establishment overnight, except for marihuana actively grown in a grower facility or establishment;

All marihuana in whatever form stored at a permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted property, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises; and

All security recordings and documentation shall be preserved for at least 48 hours by the permit holder and made available to any law enforcement upon request for inspection.

Operating hours. No provisioning center or microbusiness shall operate between the hours of 8:00 p.m. and 8:00 a.m.

Required spacing. No marihuana operation shall be located within 1,000 feet from any educational institution or school, college or university, church, house of worship or other religious facility, or public or private park, if such uses are in existence at the time the marihuana, operation is established, with the minimum distance between uses measured horizontally between the nearest property lines.

Co-location. Marihuana operations may be located at the same permitted premises as other marihuana operations, provided that a permit issued for each individual facility and consistent with any other rule, regulation, or state law, including the MMFLA, the MRTMA and any rules promulgated thereunder.

Stacked license. An applicant for a grower facility may apply to stack another grower permit at the facility/establishment or permitted premises. The applicant shall be subject to the same requirements as a renewal permit application, including payment of a separate application fee for each stacked permit. Permits or licenses may only be stacked consistent with state law and the rules and regulations promulgated by the Department.

Amount of marihuana. The amount of Marihuana on the permitted property and under the control of the permit holder, owner or operator of the marihuana operation shall not exceed that amount permitted by the state license or the Township's Permit.

Sale of marihuana.

The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law.

Provisioning centers are prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the internet, except as provided in Subsection I(3).

A provisioning center operating pursuant to the MMFLA may accept online orders for marihuana and marihuana products only for delivery to the physical home address of a registered qualifying patient, and in a manner consistent with all applicable state laws and rules, as amended. A provisioning center operating pursuant to the MRTMA may accept online orders for marihuana and marihuana products only for delivery to the physical home address of a person over 18 years of age, and in a manner consistent with all applicable state laws and rules, as amended. The individual making the home delivery shall be an employee of the provisioning center. Any provisioning center that performs home deliveries shall submit its home delivery procedure to the Township and shall provide the Township with proof the Department has authorized the provisioning center's home delivery procedure. All order and delivery methods, including procedures, records, tracking records, logs, and other documents, are subject to inspection and examination by the state and the Township. The provisioning center shall notify the Township of any theft or loss of marihuana product in connection with a home delivery.

Sign restrictions. All signs shall comply with MAC 333.276[1] or other applicable local, state, or federal law or rule governing facilities. A permitted premises or permitted property may not contain flashing or animated signs. No pictures, photographs, drawings or other depictions of marihuana or marihuana paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted property. The words "marihuana," "cannabis" and any other words used or intended to convey the presence or availability of marihuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property. Licensees and permit holders shall not advertise a marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place.

[1]

Editor’s Note: Mich Admin Code R 333.276, Marketing and advertising restrictions, has been rescinded. See now Mich Admin Code R 420.507.

Use of marihuana. The sale, consumption or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including marihuana, on the permitted premises is prohibited.

Indoor operation. All activities of marihuana operations, including, without limitation, distribution, growth, cultivation, or the sale of marihuana, and all other related activity permitted under the permit holder's license or permit must occur indoors. The marihuana operation's design and operation shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable at the property line of the permitted premises.

Unpermitted growing. A patient may not grow his or her own marihuana at a commercial medical marihuana facility.

Distribution. No person operating a marihuana operation shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.

Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.

Waste disposal. Permit holders and owners and operators of marihuana operations shall use lawful methods to dispose of waste or by-products from any activities allowed under the license or permit according to all applicable local, state, and federal laws and regulations, including MAC 333.237.[2] Permit holders and owners and operators of marihuana operations must dispose of waste from marihuana products in secure waste receptacles and shall render marihuana product waste into an unusable and recognizable form by incorporating the marihuana product waste with other nonconsumable solid waste. Permit holders and owners and operators of marihuana operations shall manage all hazardous waste subject to Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCLA § 324.11101 et seq.

[2]

Editor’s Note: Mich Admin Code R 333.237, Marihuana product destruction and waste management, has been rescinded. See now Mich Admin Code R 420.211.

Transportation. Marihuana may be transported for home delivery as authorized by this chapter or by a secure transporter within the Township under this chapter, and to effectuate its purpose, only:

By persons who are otherwise authorized by state law to possess marihuana;

In a manner consistent with all applicable state laws and rules, as amended;

In a secure manner designed to prevent the loss of the marihuana;

No vehicle used for the transportation or delivery of marihuana under this chapter shall have for markings the words "marihuana," "cannabis" or any similar words; pictures or other renderings of the marihuana plant; advertisements for marihuana or for its sale, transfer, cultivation, delivery, transportation or manufacture, or any other word, phrase or symbol indicating or tending to indicate that the vehicle is transporting marihuana; and

No vehicle may be used for the ongoing or continuous storage of marihuana, but may only be used incidental to, and in furtherance of, the transportation of marihuana.

Additional conditions. The Township Board may impose such reasonable terms and conditions on a marihuana operation special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law.

§ 210-7 Violations and penalties.

In addition to any other penalties or legal consequences provided under applicable federal, state and local law, regulations, codes and ordinances:

Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or imprisoned for not more than 90 days, or both, and, in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense.

Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall be subject to and found responsible for a municipal civil infraction. The forfeiture for any municipal civil infraction shall be $500 plus court costs, attorney fees and abatement costs of each violation, together with all other remedies pursuant to MCLA § 600.8701 et seq. Each day a violation continues shall be deemed a separate municipal civil infraction.

Revocation.

A permit issued under this chapter may be denied, limited, revoked, or restricted under any of the following conditions:

Any fraudulent, false, misleading, or material misrepresentation contained in the application.

Repeat violations of any requirements of this chapter or other applicable law, rule, or regulation. As used in this subsection, the term "repeat offense" means a second (or any subsequent) misdemeanor violation or civil infraction of the same requirement or provision committed within any six-month period and upon conviction or responsibility thereof.

A valid license is not maintained as required by this chapter.

The permit holder, its agent, manager, or employee failed to timely submit any document or failed to timely make any material disclosure as required by this chapter.