This chapter shall be known as and may be cited as the "Denton
Township Michigan Marihuana Licensing Ordinance."
The following words and phrases shall have the following definitions
when used in this chapter:
APPLICATION
An application for a permit under this chapter and includes
all supplemental documentation attached or required to be attached
thereto; the person filing the application shall be known as the "applicant."
CLERK
The Denton Township Clerk or his/her designee.
COMMERCIAL MEDICAL MARIHUANA FACILITY or FACILITY
A location at which a "marihuana facility," as that term
is defined in the medical marihuana Facilities Licensing Act, Public
Act 281 of 2016, as amended ("MMFLA"), is approved or is seeking approval to operate under this
chapter.
DEPARTMENT
The Michigan State Department of Licensing and Regulatory
Affairs or any authorized designated Michigan agency authorized to
regulate, issue or administer a Michigan license for a commercial
medical marihuana facility or marihuana establishment.
LICENSE
A current and valid license for a commercial medical marihuana
facility or marihuana establishment issued by the State of Michigan.
LICENSEE
A person holding a current and valid Michigan license for
a commercial medical marihuana facility or marihuana establishment.
MARIHUANA
That term as defined in Section 7106 of the Michigan Public
Health Code, 1978 PA 368, MCLA § 333.7106.
MARIHUANA ESTABLISHMENT or ESTABLISHMENT
A location at which a "marihuana establishment," as that
term is defined in the Michigan Regulation and Taxation of Marihuana
Act, MCLA § 333.27951 et seq. ("MRTMA"), is approved or
is seeking approval to operate under this chapter.
MARIHUANA OPERATION or OPERATION
Any of the following marihuana-related businesses licensed
under the MMFLA or MRTMA:
A.
"Provisioning center," meaning both a "provisioning center"
as defined in the MMFLA and a "marihuana retailer" as that term is
defined in the MRTMA;
B.
"Processor," meaning both a "processor" as defined in the MMFLA
and a "marihuana processor" as defined in the MRTMA;
C.
"Secure transporter," meaning both a "secure transporter" as
defined in the MMFLA and a "marihuana secure transporter" as defined
in the MRTMA;
D.
"Grower," meaning both a "grower" as defined in the MMFLA and
a "marihuana grower" as defined in the MRTMA;
E.
"Safety compliance facility," meaning both a "safety compliance
facility" as defined in the MMFLA and a "marihuana safety compliance
facility" as defined in the MRTMA;
F.
Marihuana microbusiness," as that term is defined in the MRTMA;
G.
"Designated consumption establishment," as that term is defined
by the Department of Licensing and Regulatory Affairs or as may be
defined in the MRTMA;
H.
"Excess marihuana grower," as that term is defined by the Department
of Licensing and Regulatory Affairs or as may be defined in the MRTMA;
I.
"Marihuana event organizer," as that term is defined by the
Department of Licensing and Regulatory Affairs or as may be defined
in the MRTMA; and
J.
"Temporary marihuana event" as that term is defined by the Department
of Licensing and Regulatory Affairs or as may be defined in the MRTMA.
PARAPHERNALIA
Drug paraphernalia as defined in Section 7451 of the Michigan
Public Health Code, 1978 PA 368, MCLA § 333.7451, that is
or may be used in association with medical marihuana.
PATIENT
A "registered qualifying patient" or a "visiting qualifying
patient" as those terms are defined by MCLA § 333.26421
et seq.
PERMIT
A current and valid permit for a marihuana operation issued
under this chapter, which shall be granted to a permit holder only
for and limited to a specific permitted premises and a specific permitted
property.
PERMIT HOLDER
The person that holds a current and valid permit issued under
this chapter.
PERMITTED PREMISES
The particular building or buildings within which the permit
holder will be authorized to conduct the marihuana operation's
activities pursuant to the permit.
PERMITTED PROPERTY
The real property comprised of a lot, parcel or other designated
unit of real property upon which the permitted premises is situated.
PERSON
A natural person, company, partnership, profit or nonprofit
corporation, limited-liability company, or any joint venture for a
common purpose.
PROCESS or PROCESSING
To separate or otherwise prepare parts of the marihuana plant
and to compound, blend, extract, infuse, or otherwise make or prepare
marihuana concentrate or marihuana-infused products.
PUBLIC PLACE
Any area in which the public is invited or generally permitted
in the usual course of business.
TOWNSHIP
The Township of Denton, a township located in Roscommon County,
Michigan.
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.
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.
A. 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.
B. 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.
C. Security. Permit holders shall at all times maintain a security system
that meets state law requirements, and shall also include the following:
(1) Security surveillance cameras installed to monitor all entrances,
along with the interior and exterior of the permitted premises;
(2) Robbery and burglary alarm systems which are professionally monitored
and operated 24 hours a day, seven days a week;
(3) 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;
(4) 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
(5) 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.
D. Operating hours. No provisioning center or microbusiness shall operate
between the hours of 8:00 p.m. and 8:00 a.m.
E. 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.
F. 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.
G. 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.
H. 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.
I. Sale of marihuana.
(1) The marihuana offered for sale and distribution must be packaged
and labeled in accordance with state law.
(2) 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).
(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.
J. Sign restrictions. All signs shall comply with MAC 333.276 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.
K. 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.
L. 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.
M. Unpermitted growing. A patient may not grow his or her own marihuana
at a commercial medical marihuana facility.
N. 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.
O. 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.
P. 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. 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.
Q. 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:
(1) By persons who are otherwise authorized by state law to possess marihuana;
(2) In a manner consistent with all applicable state laws and rules,
as amended;
(3) In a secure manner designed to prevent the loss of the marihuana;
(4) 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
(5) 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.
R. 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.
In addition to any other penalties or legal consequences provided
under applicable federal, state and local law, regulations, codes
and ordinances:
A. 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.
B. 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.
C. Revocation.
(1) A permit issued under this chapter may be denied, limited, revoked,
or restricted under any of the following conditions:
(a)
Any fraudulent, false, misleading, or material misrepresentation
contained in the application.
(b)
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.
(c)
A valid license is not maintained as required by this chapter.
(d)
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.
(2) If a permit is revoked or limited under this chapter, the Township
or its designee shall issue a notice stating the revocation, limitation,
or restriction, including the reason for the action and providing
a date and time for an evidentiary hearing before the Township Board.
D. The owner of record or tenant of any building, structure or premises, or part thereof, and any architect, builder, contractor, agent or person who commits, participates in, assists in or maintains such violation may each be found guilty or responsible of a separate offense and suffer the penalties and forfeitures provided in Subsections
A and
B of this section, except as excluded from responsibility by state law.
E. In addition to any other remedies, the Township may institute proceedings
for injunction, mandamus, abatement or other appropriate remedies
to prevent, enjoin, abate or remove any violations of this chapter.
The rights and remedies provided herein are both civil and criminal
in nature. The imposition of any fine, jail sentence or forfeiture
shall not exempt the violator from compliance with the provisions
of this chapter.
The provisions of this chapter are hereby declared severable.
If any part of this chapter is declared invalid for any reason by
a court of competent jurisdiction, that declaration does not affect
or impair the validity of all other provisions that are not subject
to that declaration.
This chapter does not affect rights and duties matured, penalties
that were incurred, and proceedings that were begun before its effective
date.
This chapter shall take effect 30 days following publication
or posting after adoption by the Township Board.
All ordinances or parts of ordinances in conflict herewith,
including the Denton Township Michigan Marihuana Facilities Licensing
Ordinance, are hereby repealed. Permits previously issued under the
Denton Township Michigan Marihuana Facilities Licensing Ordinance
that are valid at the time of this chapter's effective date to
operate facilities within the Township shall remain valid until April
1, 2021, by which time permit holders must receive approval of permit
renewal under this chapter.