ADDING CHAPTER¬¬ 25 MEDICAL MARIJUANA
An ordinance to amend the Township Code, adding Chapter 25.
PITTSFIELD CHARTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:
That Article I of Chapter 25, Sections 25-1 through 25-12, be added to the Pittsfield Charter Township Code to read as follows:
ARTICLE I. MEDICAL MARIJUANA FACILITIES AND MEDICAL MARIJUANA GROW OPERATIONS
Sec. 25.1. Purpose.
The purposes of this article are to:
(1) Serve and protect the health, safety and welfare of the general public;
(2) Establish fair and equitable rules and regulations for establishing and operating Medical Marijuana Facilities and Medical Marijuana Grow Operations;
(3) Provide reasonable regulations pursuant to Pittsfield Charter Township’s general police power granted to townships by the Michigan Constitution of 1963 and the Charter Township Act, MCL §42.1 et. seq., as amended.
Sec. 25-2. Definitions.
For the purpose of the provisions of this article, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended.
Applicant means a natural person and all officers, directors, shareholders, members, managers, stockholders, partners and any person with an ownership interest in an applicant that is not a natural person applying for a license to operate a Medical Marijuana Facility and/or a Medical Marijuana Grow Operation.
Clerk means the Clerk of Pittsfield Charter Township.
Department means the Pittsfield Township Department of Public Safety.
Director means the Director of Public Safety and director's authorized representative.
Medical marijuana facility means a facility where primary caregivers, who are legally registered by the Michigan Department of Community Health (MDCH), may lawfully assist qualifying patients, also legally registered by the MDCH, concerning the evaluation, counseling and acquisition of medical marijuana in accordance with the Michigan Medical Marijuana Act, as amended. A use purporting to be engaged in the medical use of marijuana prior to enactment of the Michigan Medical Marijuana Act or prior to being legally registered by the MDCH, shall be deemed to not be a legally established use and not entitled to legal nonconforming status under the provision of this article and under state law. The facility shall not include a club, café or any other design that permits consumption of medical marijuana at the facility.
Medical marijuana grow operation means a use in accordance with the Michigan Medical Marijuana Act, as amended, for the growing, cultivation, planting and manufacturing of medical marijuana. Medical Marijuana Grow Operation does not include:
a.) a qualifying patient growing 12 or fewer medical marijuana plants at her/his residence for personal use in accordance with the Michigan Medical Marijuana Act; or
b.) a primary caregiver growing 12 or fewer medical marijuana plants at her/his residence for the personal use of a single qualifying patient in accordance with the Michigan Medical Marijuana Act.
Public place means any area in which the public is invited or in which the public is permitted in the normal course of business or use of the premises.
Primary caregiver means a person who is Primary Caregiver as defined by the Michigan Medical Marijuana Act.
Qualifying patient means a person who is a Qualifying Patient as defined by the Michigan Medical Marijuana Act.
Sec. 25-3. License required.
(a) No person shall own or operate a medical marijuana facility or medical marijuana grow operation in Pittsfield Charter Township without first applying for and receiving a license from the clerk's office.
(b) Licenses are not transferrable and shall only apply to the person or entity listed on the license.
(c) Licenses shall be valid for a period of one year, from July 1st to June 30th.
(d) A license shall be issued or renewed upon payment of the required fee and submission of a completed application in compliance with the provisions of this article. An application to renew a license to operate a medical marijuana facility and/or medical marijuana grow operation license shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee.
(e) Every applicant shall pay a nonrefundable application fee at the time of application for an initial or renewal license, which fee shall be set from time to time by Board of Trustees.
Sec. 25-4. Application.
Every applicant for a license to maintain, operate or conduct a medical marijuana facility or medical marijuana grow operation shall file an application under oath with the clerk's office upon a form provided by the township. The application shall contain the following information:
(1) An explanation of services to be provided and a completed medical marijuana checklist, upon a form prepared by the Director.
(2) The location, mailing address and all telephone numbers where the business is to be conducted.
(3) The name and address of the applicant. For all applicants that are not natural persons, the information required in this ordinance must be provided for each interested person as listed in this subsection
a. If applicant is a corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder, the address of the corporation, and the name and address of the resident agent for the corporation.
b. If applicant is a limited liability company, the names and residence addresses of each of the members of said company, the name and addresses of each manager of the company (if any) the address of the company itself, and the name and address of the resident agent for the company.
c. If applicant is a partnership, the names and residence addresses of each of the partners and the partnership itself, if different from the address of the medical marijuana facility or medical marijuana grow operation, and the name and address of a resident agent for the partnership.
d. In the case of corporations, partnerships, non-profit organizations, or other business types, the applicant shall be the highest level official or employee of the entity such as, Board President, Chief Executive Officer, Executive Director, or comparable position.
(4) Proof that the applicant and proposed employees are at least 21 years of age.
(5) Identification of applicant and/or operator's driver's license.
(6) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(7) The medical marijuana facility or medical marijuana grow operation history of the applicant; whether such person has had a business license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation.
(8) Proof that the applicant and/or its employees are primary caregivers under the Michigan Medical Marijuana Act.
(9) A certificate of occupancy or similar clearance from the building department verifying the structure and premises at which the license will be utilized is in compliance with building, property maintenance and all other applicable local code provisions. The certificate of occupancy is required within 60 days of the license being issued, and is required before opening of the facility.
(10) An area map, drawn to scale, indicating within a radius of 500 feet from the boundaries of the proposed dispensary or growing/manufacturing facility site, the proximity of the site to any residence or school.
(11) A certificate of zoning compliance or similar clearance from the zoning administrator verifying the proposed use of the location at which the license will be utilized is in compliance with the zoning ordinance.
(12) A signed release included with the application form permitting the police department to perform a criminal background check to ascertain whether the applicant and operator named on the application have been convicted of a felony.
Sec. 25-5. Violations and penalties.
Any person who is found to be in violation of this article shall be guilty of a misdemeanor and shall be subject to a fine of up to 90 days in jail and/or not more than $500.00.
Sec. 25-6. Conditions necessary.
No license to conduct a medical marijuana facility or medical marijuana grow operation shall be issued unless the township, through the department, confirms the proposed medical marijuana facility or medical marijuana grow operation complies with all of the following minimum requirements:
(1) All provisions of the township zoning building, plumbing, fire, electrical and health codes have been fulfilled.
(2) There shall be no interior entrance or exit way which provides direct access to another type of business, residence or living quarters.
(3) A medical marijuana facility or medical marijuana grow operation shall open no earlier than 8:00 a.m. and close no later than 8:00 p.m., except staff for a medical marijuana grow operation may be at the operation as necessary to attend to the grow operation.
(4) Except as otherwise provided by law, smoking and/or use of medical marijuana shall be prohibited in a medical marijuana facility or medical marijuana grow operation, including all public places, at all times.
(5) A medical marijuana facility may provide drug paraphernalia for use, sale or lease to primary caregivers and/or qualified patients.
(6) A medical marijuana facility or medical marijuana grow operation shall not have exterior signage using the word "marijuana and/or marijuana" or any other word, phrase or picture commonly understood to refer to marijuana.
(7) A medical marijuana facility or medical marijuana grow operation shall maintain a log book identifying by date the amount of medical marijuana on the premises for each qualifying patient, keeping the qualifying patient information confidential and each primary caregiver. This log shall be available to law enforcement personnel to confirm that the medical marijuana facility or medical marijuana grow operation does not have more medical marijuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of medical marijuana at the facility. The facility shall maintain the confidentiality of qualifying patients in compliance with the Michigan Medical Marijuana Act.
(8) No medical marijuana facility or medical marijuana grow operation shall be located or operated within 500 feet of a residence or school.
(9) All activities related to medical marijuana shall be in compliance with the General rules of the Michigan Department of Community Health and the Michigan Medical Marihuana Act, Initiated law 1 of 2008, MCL §333.26243a()e.
(10) The applicant (including officers, directors, partners, members, managers, shareholders, stockholders, any person with an ownership interest), operator and all employees shall not have any felony convictions.
(11) The applicant or business has no outstanding back taxes, fines, fees, or liens owed to the township.
Sec. 25-7. Non-renewal or revocation.
The clerk may choose to not renew or revoke a license based on any of the following:
(1) A failure to meet the conditions or maintain compliance with the standards established by this ordinance in reference to applications for a new license or the renewal of an existing license;
(2) One or more violations of any township ordinance on the premises;
(3) Maintenance of a nuisance on the premises;
(4) A demonstrated history of excessive calls for public safety (police, fire, and EMS) originating from the premises, being three or more calls in any 30-day period; or
(5) Nonpayment of real and/or personal property taxes, fines, fees or liens owed to the township.
Sec. 25-8. Appeal process.
If an applicant or licensee chooses to appeal denial of a license or revocation of a license, the applicant or licensee can enter in a written appeal to the clerk's office using a township generated form including the appellants signature, the requirement or decision from which the appeal is made, and shall state the specific grounds on which the appeal is based. The applicable fee shall be submitted with the notice of the appeal; such fee shall be nonrefundable. Appeals shall be filed within 30 days of the decision in question. The Board of Trustees shall consider the appeal within 45 days of receipt of the appeal.
Sec. 25-9. Compliance with State Law.
Nothing in this ordinance shall be interpreted or construed to allow activities that are prohibited by state statute, or to conduct activities regulated by statute or administrative rule in violation of those regulations.
Sec. 25-10. Repeal
All ordinances or parts thereof which are in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed, except that terms defined herein for the purpose of interpretation, administration and enforcement of this Ordinance shall not act to modify, repeal or otherwise change the definition of any such term as used in other ordinances or laws.
Sec. 25-11. Savings Clause
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion hereof other than the part declared void or inoperable.
Sec. 25-12. Publication and Effective Date
This Ordinance shall be published in the manner as required by law. Except as otherwise provide by law, this Ordinance shall be effective 30 days after publication.
This Ordinance was duly adopted by the Charter Township of Pittsfield Board at its regular meeting held on the 28th day of October 2015, and was ordered given publication in the manner required by law.