[HISTORY: Adopted by the Township Board of the Township of
New Buffalo as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-17-2023 by Ord. No. 04172023B[1]]
[1]
Editor's Note: This ordinance also superseded former Article
I, Marihuana Establishments, adopted 12-17-2018 by Ord. No. 20181217.
The following words and phrases have the meanings ascribed to
them when used in this article:
The siting and operation of a combination of multiple establishments
or establishment types at a single location.
A commercial space that is licensed by LARA and authorized
to permit adults 21 years of age and older to consume marihuana products
at the location indicated on the state license.
Any of the following held by a single licensee:
A marihuana grower license, of any class, issued under the act
and a grower license, of any class, issued under the MMFLA.
A marihuana processor license issued under the act and a processor
license issued under the MMFLA.
A marihuana retailer license issued under the act and a provisioning
center license issued under the MMFLA.
A marihuana secure transporter license issued under the act
and a secure transporter license issued under the MMFLA.
A marihuana safety compliance facility license issued under
the act and a safety compliance facility license issued under the
MMFLA.
A license issued by LARA to a person holding five class C
marihuana grower licenses and licensed to cultivate marihuana and
sell or otherwise transfer marihuana to marihuana establishments.
The Department of Licensing and Regulatory Affairs and any
successor department or agency within the department, including the
Cannabis Regulatory Agency.
A person holding a state operating license for a marihuana
establishment.
All parts of the plant genus cannabis, growing or not; the
seeds of that plant; the resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant or its seeds or resin. Marihuana does not include the
mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, except
the resin extracted from those stalks, fiber, oil, or cake, or any
sterilized seed of the plant that is incapable of germination. Marihuana
does not include industrial hemp. Marihuana is also commonly known
as "cannabis."
A marihuana grower, marihuana safety compliance establishment,
marihuana processor, marihuana microbusiness, marihuana retailer,
marihuana secure transporter, or any other type of marihuana-related
business licensed by LARA under the MRTMA.
A person licensed to apply for a temporary marihuana event
license under the rules.
A person licensed by LARA to cultivate marihuana and sell
or otherwise transfer marihuana to marihuana establishments.
A person licensed by LARA to cultivate not more than 150
marihuana plants; process and package marihuana; and sell or otherwise
transfer marihuana to individuals who are 21 years of age or older
or to a marihuana safety compliance establishment, but not to other
marihuana establishments.
A person licensed by LARA to obtain marihuana from marihuana
establishments; process and package marihuana; and sell or otherwise
transfer marihuana to marihuana establishments.
A person licensed by LARA to obtain marihuana from marihuana
establishments and to sell or otherwise transfer marihuana to marihuana
establishments and to individuals who are 21 years of age or older.
A person licensed by LARA to obtain marihuana from marihuana
establishments in order to transport marihuana to marihuana establishments.
A person licensed by LARA to test marihuana, including certification
for potency and the presence of contaminants.
A grower, processor, secure transporter, provisioning center,
or safety compliance facility licensed by LARA under the MMFLA.
The Michigan Medical Marihuana Act, Initiated Law 1 of 2008,
as amended, MCL 333.26424 et seq.
The Michigan Medical Marihuana Facilities Licensing Act,
2016 PA 281, as amended, MCL 333.27102 et seq.
The Michigan Regulation and Taxation of Marihuana Act, Initiated
Law 1 of 2018, MCL 333.27951 et seq.
The portion of the application for a state operating license
pertaining to the applicant's financial background and the criminal
history of the applicant and other associated persons.
The administrative rules for adult-use marihuana establishments
promulgated by LARA, as amended from time to time.
More than one state operating license issued to a single
licensee to operate as a grower of class C (2,000 marihuana plants)
as specified in each license at an establishment.
A license that is issued by LARA under the MRTMA that allows
the licensee to operate a marihuana establishment.
A.
Authorization and special land use permit required. No person shall
operate a medical marihuana facility or a marihuana establishment
in the Township without an authorization issued by the Township pursuant
to the provisions of this article and a special use permit pursuant
to this article and the Township Zoning Ordinance.
B.
Number of and types of medical marihuana facilities eligible for
authorization. The following medical marihuana facilities may be authorized
to operate in the Township, subject to this article and the Township
Zoning Ordinance:
(1)
Growers
operating under Class A licenses, up to 500 plants (unlimited);
(2)
Growers operating under Class B licenses, up to 1,000 plants (unlimited);
(3)
Growers operating under Class C licenses, up to 1,500 plants (unlimited);
(4)
Processors (unlimited);
(5)
Secure transporters (unlimited);
(6)
Provisioning centers (unlimited); and
(7)
Safety compliance facilities (unlimited).
C.
Number and types of adult-use marihuana establishments eligible for
authorization. The following adult-use marihuana establishments may
be authorized to operate in the Township, subject to this article
and the Township Zoning Ordinance:
(1)
Growers
operating under Class A licenses, up to 100 plants (unlimited);
(2)
Growers operating under Class B licenses, up to 500 plants (unlimited);
(3)
Growers operating under Class C licenses, up to 2,000 plants (unlimited);
(4)
Retailers (unlimited);
(5)
Processors (unlimited);
(6)
Secure transporters (unlimited);
(7)
Safety compliance establishments (unlimited);
(8)
Microbusinesses (up to 150 plants) (unlimited); and
(9)
Class A Microbusinesses (300 plants).
E.
Stacked grower licenses. Stacked grower licenses are prohibited in
the Township.
F.
Co-location. Co-located facilities or establishments are permitted,
subject to the following requirements:
(1)
The co-location must be approved by the State of Michigan.
(2)
A maximum of one of each license type may operate on a single parcel.
By way of example and not limitation, this provision allows one adult-use
grower and one adult-use retailer to be co-located on the same parcel,
but it does not allow two adult-use retailers to be co-located on
the same parcel. For purposes of this subsection, "parcel" means a
parcel designated on the Township's assessment roll for property tax
purposes, regardless of the number of street addresses assigned to
the parcel or the number of buildings or units on the parcel.
G.
Equivalent licenses. Equivalent licenses are permitted in the Township
subject to this article, the Zoning Ordinance, approval by LARA, and
state law.
H.
Final authorization from Township required. The authorization process
described in this article and the Township Zoning Ordinance determines
the locations in the Township at which facilities and establishments
may operate. A proposed facility or establishment is not eligible
to operate until the Zoning Administrator grants final authorization
and until the applicant receives a special use permit under the Township
Zoning Ordinance and all required approvals and licenses from LARA.
A.
Required application materials. A separate application is required
for each proposed facility or establishment (even if co-located or
equivalent licenses will be operated by the same applicant at the
same location). An applicant may submit applications for multiple
properties, but only one application may be submitted per proposed
property, unless the applications are for proposed co-located or equivalent
licenses. An application is not considered complete until all of the
following are received by the Zoning Administrator:
(1)
A nonrefundable application fee in an amount established by resolution
of the Township Board.
(3)
A photocopy of a valid, unexpired driver's license or state issued
identification card for all owners, directors, and officers of the
proposed establishment.
(4)
A signed application (available in the Building and Zoning Department),
which must include all of the following information and documents:
(a)
If the applicant is an individual, the applicant's name; date
of birth; Social Security number; physical address, including residential
and any business address; copy of government-issued photo identification;
email address; and one or more phone numbers, including emergency
contact information;
(b)
If the applicant is not an individual:
[1]
The names; dates of birth; physical addresses, including residential
and any business address; copy of government-issued photo identifications;
email address; and one or more phone numbers of each stakeholder of
the applicant, including designation of the highest-ranking representative
as an emergency contact person;
[2]
Contact information for the emergency contact person;
[3]
Articles of incorporation or organization; assumed name registration
(if applicable); Internal Revenue Service EIN confirmation letter;
copy of the operating agreement of the applicant, if a limited liability
company; copy of the partnership agreement, if a partnership; names
and addresses of the beneficiaries, if a trust; or a copy of the bylaws
or shareholder agreement, if a corporation.
(c)
The name, address, tax identification number, and current zoning
designations of the property on which the proposed marihuana establishment
will be located;
(d)
The name and address of the current property owner of record
of the property on which the proposed marihuana establishment will
be located;
(e)
If the current property owner is different than the applicant
(e.g., where the applicant has a lease, option, land contract, or
other future interest in the property), the property owner's signature
is required in addition to the applicant's signature.
(f)
The proposed establishment type;
(g)
A complete list of all marihuana permits and licenses held by
the applicant;
(h)
Written consent for the Township or its designee to inspect
the establishment at any time during normal business hours to ensure
compliance with applicable laws and regulations;
(i)
A location area map of the marihuana facility or establishment and surrounding area that identifies the distances to the nearest public or private K-12 schools; churches; licensed day-care centers; or public libraries, single-family and multifamily dwellings, using the measurement standards set forth in § 455-5.22K of the Zoning Ordinance;
(j)
A copy of all documents submitted by the applicant to LARA in
connection with the application for a state operating license under
the MMFLA or MRTMA (including documents submitted for prequalification);
(k)
A copy of all documents issued by LARA indicating that the applicant
has been prequalified for a state operating license under the MMFLA
or MRTMA;
(l)
Any other information reasonably requested by the Township relevant
to the processing or consideration of the application.
B.
Zoning Administrator action upon receipt. The Zoning Administrator will accept and receive any complete application that includes the information and documents required by § 257-3A. Upon receiving a complete application, the Zoning Administrator will time- and date-stamp the application. If the Zoning Administrator subsequently determines that a submitted application is incomplete, the Zoning Administrator may return the application to the applicant without further processing, even if the application was previously time- and date-stamped.
C.
Final authorization.
(1)
The Zoning Administrator will grant final authorization for the facility
or establishment if the applicant:
(a)
Obtains special use authorization from the Township Planning
Commission within 12 months after submitting a complete license application
under this article; and
(b)
Receives all required operating licenses and approvals from
LARA within 18 months of submitting the application; and
(c)
Otherwise complies with all Township rules, regulations, and
codes.
(2)
The Township Board may extend any of the deadlines by resolution
upon a showing of good cause.
A.
An existing facility or establishment may be moved to a new location
in the Township, so longer as it complies with this article, the Township
Zoning Ordinance, and other Township rules, regulations, and codes,
and subject to approval by LARA.
B.
A license for an existing facility or establishment may be transferred
to a new licensee that intends to continue operating at the same location,
subject to approval by the Township Board and LARA. The new licensee
must submit the application materials set forth in this article.
A.
Submission of supplementary information to the Township. Applicants
for Township authorization and persons operating existing facilities
or establishments in the Township must provide the Zoning Administrator
with copies of all documents submitted to LARA in connection with
the initial license application, subsequent renewal applications,
or investigations conducted by LARA. The documents must be provided
to the Zoning Administrator within 14 days of submission to LARA and
may be submitted electronically to the Township unless otherwise requested
by the Zoning Administrator.
B.
Compliance with applicable laws and regulations. Medical marihuana
facilities and adult-use marihuana establishments must be operated
in compliance with the MMFLA, MRTMA, LARA Rules, all conditions of
the establishment's state operating licenses, and all applicable Township
ordinances, rules, regulations, and codes. Compliance with the foregoing
does not create immunity from prosecution by federal authorities or
other authorities of competent jurisdiction.
C.
No consumption on premises. No smoking, inhalation, or other consumption
of marihuana shall take place on or within the premises of any facility
or establishment. It shall be a violation of this article to engage
in such behavior or for a person to knowingly allow such behavior
to occur. Evidence of all of the following gives rise to a rebuttable
presumption that a person allowed the consumption of marihuana on
or within a premises in violation of this section:
D.
Annual fee. A licensee must pay an annual fee for each license used
within the Township to help defray administrative and enforcement
costs. The initial annual fee must be paid to the Zoning Administrator
when the application for Township approval is submitted. In each subsequent
year, fees are due on the date on which the licensee submits an application
to LARA for renewal of the state operating license. The amount of
the annual fee is to be established by resolution of the Township
Board.
A.
Request for revocation of state operating license. If at any time
an authorized facility or establishment violates this article or any
other applicable Township ordinance, the Township Board may request
that LARA revoke or refrain from renewing the facility or establishment's
state operating license.
B.
Civil infraction. It is unlawful to disobey, neglect, or refuse to
comply with any provision of this article. A violation of this article
is a municipal civil infraction. Each day the violation continues
is a separate offense. Notwithstanding any other provision of this
article to the contrary, violators are subject to the following fines:
C.
Other remedies. The foregoing sanctions are in addition to the Township's
right to seek other appropriate and proper remedies, including actions
in law or equity.
This article is effective 30 days after publication.
Any ordinance inconsistent with this article shall be repealed
but only to the extent necessary to give this article full force and
effect.
