[HISTORY: Adopted by the Township Board of the Township of
Paw Paw as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-29-2018 by Ord. No. 257]
This article shall be known as and may be cited as the "Paw
Paw Township Medical Marihuana Facilities Ordinance."
Words used herein shall have the definitions as provided for
in PA 281 of 2016,[1] as may be amended.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
(a)
The following medical marihuana facilities may be authorized to operate
within the Township by the holder of a state operating license, subject
to compliance with PA 281 of 2016,[1] as may be amended, the rules promulgated thereunder and
this article:
(1)
Unlimited growers shall be authorized in the Township, which number
shall include all of the following Class A, Class B and Class C growers
authorized in the Township.
(2)
Unlimited processors shall be authorized in the Township.
(3)
Up to three provisioning centers shall be authorized in the Township.
[Amended 9-14-2020 by Ord. No. 270]
(4)
Unlimited safety compliance facility shall be permitted in the Township.
(5)
Unlimited secure transporters shall be permitted in the Township.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
(b)
On and after August 1, 2018, the Township shall accept applications
for authorization to operate a medical marihuana facility 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
Board (hereinafter referred to as the "Clerk"). Once the Clerk receives
a complete application including the initial annual medical marihuana
facility fee, the application shall be time and date stamped. Complete
applications shall be considered for authorization in consecutive
time and date stamped order. Upon consideration, if the facility type
authorization is available within the number specified above, then
the applicant shall receive conditional authorization to operate such
medical marihuana facility within the Township. Once the limit on
the number of an authorized facility is conditionally reached, then
any additional complete applications shall be held in consecutive
time and date stamped order for future conditional authorization.
Any applicant waiting for future conditional authorization may withdraw
their submission by written notice to the Clerk at any time and receive
refund of the initial annual medical marihuana fee submitted.
[Amended 3-9-2018 by Ord.
No. 258; 6-22-2018 by Ord. No. 259]
(c)
Within 30 days from conditional authorization by the Township or from August 1, 2018, whichever is later, the conditionally authorized application must submit proof to the Clerk that the applicant has applied for prequalification from the State of Michigan for a state operating license or has submitted a full application for such license. If the applicant fails to submit such proof, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time and date stamped order as provided for in Subsection (b) herein.
[Amended 3-9-2018 by Ord.
No. 258; 6-22-2018 by Ord. No. 259]
(d)
If a conditionally authorized applicant is denied prequalification for a state operating license or is denied on full application for a state operating license, then such conditional authorization will be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time and date stamped order as provided for in Subsection (b) herein.
(e)
A conditionally authorized applicant shall receive full authorization
from the Township to operate the medical marihuana facility within
the Township upon the applicant providing to the Clerk proof that
the applicant has received a state operating license for the medical
marihuana facility in the Township and the applicant has met all other
requirements of this article for the operation including but not limited
to any zoning approval for the location of the facility within the
Township.
(f)
If a conditionally authorized applicant fails to obtain full authorization from the Township within one year from the date of conditional authorization, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time and date stamped order as provided for in Subsection (b) herein. The Township Board shall have authority to extend the deadline to obtain full authorization 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 finding good cause for the extension.
(a)
An authorized medical marihuana facility shall only be operated within
the Township by the holder of a state operating license issued pursuant
to PA 281 of 2016,[1] as may be amended, and the rules promulgated thereunder.
The facility shall only be operated as long as the state operating
license remains in effect.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
(b)
Prior to operating an authorized medical marihuana facility within
the Township pursuant to a state operating license, the facility must
comply with all applicable zoning regulations. The facility shall
only be operated as long as it remains in compliance with all applicable
Zoning Ordinance[2] regulations.
(c)
Prior to operating an authorized medical marihuana facility within
the Township pursuant to a state operating license, the facility must
comply with all Township construction and building ordinances, all
other Township ordinances specifically regulating medical marihuana
facilities, and generally applicable Township police power ordinances.
The facility shall only be operated as long as it remains in compliance
with all such ordinances now in force or which hereinafter may be
established or amended.
(d)
An authorized medical marihuana facility shall consent to inspection
of the facility by Township zoning officials and/or by the County
Sheriff's Department and/or other law enforcement upon reasonable
notice, to verify compliance with this article.
(e)
If at any time an authorized medical marihuana facility violates this article the Township Board may request that the state revoke or refrain from renewing the facility's state operating license. Once such state operating license is revoked or fails to be renewed, the Clerk shall cancel the Township authorization and the authorization shall be available to the next applicant in consecutive time and date stamped order as provided for in § 18-3(b) herein.
(f)
It is hereby expressly declared that nothing in this article be held
or construed to give or grant to any authorized medical marihuana
facility a vested right, license, privilege or permit to continued
authorization from the Township for operations within the Township.
(g)
The Township expressly reserves the right to amend or repeal this
article in any way including, but not limited to, complete elimination
of or reduction in the type and/or number of authorized medical marihuana
facilities authorized to operate within the Township.
There is hereby established an annual nonrefundable Township
medical marihuana facility fee in the amount of $5,000, for each authorized
medical marihuana facility within the Township, to help defray administrative
and enforcement costs associated therewith. An initial annual medical
marihuana facility 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 by the anniversary of the date of full Township
authorization to operate the medical marihuana facility.
(a)
Any person who disobeys, neglects or refuses to comply with any provision
of this article or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this article.
A violation of this article is deemed to be a nuisance per se.
(b)
A violation of this article 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 $1,000 for
subsequent offenses, in the discretion of the court. For purposes
of this section, "subsequent offenses" means a violation of the provisions
of this article committed by the same person within 12 months of a
previous violation of the same provision of this article 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.
(c)
Each day during which any violation continues shall be deemed a separate
offense.
(d)
In addition, the Township may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
(e)
This article shall be administered and enforced by the Ordinance
Enforcement Officer of the Township or by such other person(s) as
designated by the Township Board from time to time.
The provisions of this article 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 article 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 marihuana facilities pursuant to PA 281 of 2016,[1] as may be amended.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
[Amended 3-9-2018 by Ord.
No. 258; 6-22-2018 by Ord. No. 259]
This article shall take effect August 1, 2018.
[Adopted 9-14-2020 by Ord. No. 269[1]]
[1]
Editor's Note: This ordinance also repealed former Article
II, Marihuana Establishments, adopted 6-10-2019 by Ord. No. 265.
[Amended 6-12-2023 by Ord. No. 284]
This article shall be known as and may be cited as the Paw Paw
Township Recreational (Adult Use) Marihuana Establishment Ordinance.
[Amended 6-12-2023 by Ord. No. 284]
The purpose of the article 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 article 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, MCL 333.27951, et seq.,
as may be amended.
[Amended 6-12-2023 by Ord. No. 284]
Words used herein shall have the definitions as provided for
in the Michigan Regulation and Taxation of Marihuana Act, Initiated
Law 1 of 2018, MCL 333.27951, et seq., as may be amended or any Administrative
Rules promulgated thereunder.
[Amended 12-4-2021 by Ord. No. 276; 3-17-2022 by Ord. No. 279; 6-12-2023 by Ord. No. 284]
A.
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 ordinance:
(2)
Not more than five processors shall be authorized in the Township.
(3)
Not more than three retailers shall be authorized in the Township.
(4)
Not more than two microbusinesses shall be authorized in the Township.
(5)
Not more than one secure transporters shall be authorized in the
Township.
(6)
Not more than one safety compliance facilities shall be authorized
in the Township.
(7)
Zero marihuana event organizers shall be authorized in the Township.
(8)
Zero designated consumption establishments shall be authorized in
the Township.
(9)
Not more than one excess marihuana grower license is authorized in
the Township.
(10)
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.
[Amended 6-12-2023 by Ord. No. 284]
A.
All applicants for a Township recreational (adult use) marihuana
establishment license shall be pre-qualified by the State of Michigan
Cannabis 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 or
other adult use marihuana establishment license, the applicant does
not need to obtain prequalification for a recreational (adult use)
marihuana establishment license.
B.
On and after July 10, 2023 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 application 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 received on or after July 10, 2023 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 establishments authorized for Township licensure by this article, the applications shall be considered by the Township Board pursuant to the evaluation criteria contained in § 18-25 of this article. 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 § 18-25 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 § 18-25.
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 article 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 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 § 18-25. 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 for the extension.
F.
The Township Board may approve a license application form, which
shall include, but is not limited to, waiver provisions. The application
form may include, but is not limited to, a waiver of an applicant's
right to bring claims against the Township regarding the license selection
process and/or other Township approvals.
G.
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.
[Amended 6-12-2023 by Ord. No. 284]
A.
In the event that the Township receives more applications for recreational
(adult use) marihuana establishment licenses than are authorized by
this ordinance, 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:
(1)
The applicant's experience in operating other licensed marihuana
businesses in Michigan.
(2)
An estimate of the number and type of jobs that the marihuana event
organizer and/or temporary marihuana event is expected to create and
the amount and type of compensation expected to be paid for such jobs.
(3)
Planned tangible capital investments in the Township, including if
multiple licenses are proposed.
(4)
An explanation of anticipated economic benefits to the Township with
supporting factual data.
(5)
The applicant's general business management experience.
(6)
The applicant's financial ability and/or means to operate or
maintain an adult use marihuana establishment.
(7)
An explanation of planned remediation of environmental contamination
or issues, if applicable.
(8)
Whether the applicant has been delinquent in paying taxes to the
Township, Van Buren County and/or any other public entity in the past
10 years.
(9)
Whether the applicant has a history of noncompliance with any regulatory
requirements in Paw Paw Township, Van Buren County or elsewhere within
the State of Michigan.
[Amended 6-12-2023 by Ord. No. 284]
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 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
ordinances and zoning ordinances, 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 ordinance 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 § 18-25.
F.
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.
G.
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.
H.
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.
I.
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.
J.
All signage and advertising shall comply with Paw Paw Township, Van
Buren County and/or MDOT regulations.
K.
A licensed recreational (adult use) marihuana establishment shall
consent to inspection of the facility by Township officials, including
Van Buren County Sheriff's Department representatives as arranged
by Paw Paw Township, upon reasonable notice, to verify compliance
with this ordinance.
L.
Paw Paw Township expressly reserves the right to amend or repeal
this article 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.
[Amended 6-12-2023 by Ord. No. 284]
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 the license renewal
date.
[Amended 12-4-2021 by Ord. No. 276; 6-12-2023 by Ord. No. 284]
A.
It is hereby expressly declared that nothing in this article 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 Paw Paw
Township.
B.
Each license is exclusive to the licensee. The attempted transfer,
sale or other conveyance of an interest in a license without prior
approval of the Township Board is grounds for suspension or revocation
of the license or for other appropriate sanction. Any licensee seeking
to transfer or sell a license must request approval of such transfer
or sale in writing to the Township Board at least 60 days' prior
to the proposed transfer or sale date. No transfer or sale of a Township
license may occur prior to Township Board approval.
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 ordinance 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.
[Amended 6-12-2023 by Ord. No. 284]
Upon the effective date of this ordinance, Ordinances 277 and
280 imposing a moratorium on adult use marihuana establishments and
any extensions thereof, are repealed.
[Amended 6-12-2023 by Ord. No. 284]
A prosecution which is pending on the effective date of this
ordinance and which arose from a violation of an ordinance repealed
by this ordinance, or a prosecution which is started within one year
after the effective date of this ordinance arising from a violation
of an ordinance repealed by this ordinance and which was committed
prior to the effective date of this ordinance shall be tried and determined
exactly as if the ordinance had not been repealed.
[Amended 6-12-2023 by Ord. No. 284]
A.
Any person who disobeys neglects or refuses to comply with any provision
of this article or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this article.
A violation of this article is deemed to be a nuisance per se.
B.
A violation of this article 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
article committed by the same person within 12 months of a previous
violation of the same provision of this article 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, MCL 333.27951, et seq.,
as may be amended.
C.
Each day during which any violation continues shall be deemed a separate
offense.
D.
In addition, the Township may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
E.
This article shall be administered and enforced by the Township's
Ordinance Enforcement Officer, Sheriff's Deputy or by such other
person (s) as designated by the Township Board from time to time.
[Amended 6-12-2023 by Ord. No. 284]
The provisions of this article 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).
[Amended 6-12-2023 by Ord. No. 284]
All ordinance or parts of ordinances in conflict herewith, including
conflicting parts of Ordinances 269, 276 and 279, are hereby repealed.
[Amended 6-12-2023 by Ord. No. 284]
This article shall take effect upon publication after adoption.
