CITY OF TRENTON
ORDINANCE NO. 807
AUTHORIZING AND PERMITTING ADULT-USE MARIHUANA GROW AND PROCESSING ESTABLISHMENTS
An Ordinance to implement the provisions of the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, which authorizes the licensing and regulation of Marihuana Establishments and affords the City the option whether or not to allow Marihuana Establishments; to regulate Marihuana Establishments by requiring a Permit and compliance with requirements as provided in this Ordinance, in order to maintain the public health, safety and welfare of the residents and visitors to the City.
THE CITY OF TRENTON ORDAINS:
SECTION 1. DEFINITIONS. The following words and phrases shall have the following definitions when used in this Ordinance:
- “Application” means an Application for a Permit under this Ordinance and includes all supplemental documentation attached or required to be attached thereto; the Person filing the Application shall be known as the “Applicant.”
- “Co-location” means the operation of separate Establishments or separate MMFLA Facilities at the same location, Permitted Premises, or Permitted Property.
- “Clerk” means the Trenton Clerk or his/her designee.
- “Cultivate” means as that term is defined in Initiated Act 1 of 2018, MCL 333.27951, et seq, Michigan Regulation and Taxation of Marihuana Act (“MRTMA”).
- “Marihuana Establishment” or “Establishment” means a marihuana grower, marihuana processor, excess marihuana grower, or any other type of marihuana-related business Licensed by the department.
- “Marihuana grower,” as that term is defined in the MRTMA; and
- “Marihuana processor,” as that term is defined in the MRTMA; and
- “Department” means the Michigan State Department of Licensing and Regulatory Affairs or any designated Michigan agency authorized to regulate, issue or administer a Michigan License for a Marihuana Establishment.
- “License” means a current and valid License for a Marihuana Establishment issued by the State of Michigan.
- “Licensee” means a Person holding a current and valid Michigan License for a Marihuana Establishment.
- “Permit” means an approval issued by the City pursuant to the MRTMA that allows a Person to operate an Establishment in the City under this Ordinance, which Permit may be granted to a Permit Holder only for and limited to a specific Permitted Premises and a specific Permitted Property.
- “Permit Holder” means the Person that holds a current and valid Permit issued under this Ordinance.
- “Permitted Premises” means the particular building or buildings within which the Permit Holder will be authorized to conduct the Establishment’s activities pursuant to the Permit.
- “Permitted Property” means the real property comprised of a lot, parcel or other designated unit of real property upon which the Permitted Premises is situated.
- “Marihuana” means that term as defined Section 7106 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106 and as defined in the MRTMA.
- “Person” means a natural person, company, partnership, trust, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.
- “Process” or “Processing” means 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” means any area to which the public is invited or generally permitted in the usual course of business.
- “Administrator” shall mean the Administrator of Trenton or his/her designee. The City Council may authorize another individual to exercise the duties given to the Administrator under this Ordinance. If there is no Administrator and no other Board authorized individual, then the Administrator shall exercise the duties under this Ordinance.
- “City” means Trenton, a municipal corporation City located in Wayne County, Michigan.
SECTION 2. PERMIT REQUIRED; NUMBER OF PERMITS AVAILABLE; ELIGIBILITY; LOCATION; GENERAL PROVISIONS.
- The City hereby authorizes the operation of the following types of Marihuana Establishments, subject to the number of available Permits issued in this Section:
- MRTMA Marihuana Growers, Class A - cultivation of not more than 100 marihuana plants; and
- MRTMA Marihuana Growers, Class B - cultivation of not more than 500 marihuana plants; and
- MRTMA Marihuana Growers, Class C - cultivation of not more than 2,000 marihuana plants; and
- The number of Marihuana Establishment Permits in effect at any time shall not exceed the following maximums within the City:
- Marihuana Grower Permits, Class A: No Limit
- Marihuana Grower Permits, Class B: No Limit
- Marihuana Grower Permits, Class C: No Limit
- Marihuana Processor Permits: No Limit
- Marihuana Safety Compliance Facility Permits: Zero
- Marihuana Secure Transporter Permits: Zero
- Marihuana Retailer Permits: Zero
- Marihuana Microbusiness: Zero
- Excess Marihuana Grower Permits: Zero
- Designated Consumption Establishment: Zero
- Marihuana Event Organizer: Zero
- Temporary Marihuana Event: Zero
The City Council may review and amend the above maximums by resolution annually or as it determines to be advisable. Such revisions shall not be the basis for termination or non- renewal of a Permit previously issued.
- The approved Marihuana Grower and Processor facilities shall be exclusively located within the City of Trenton within following area: All Industrial zoned property east of Fort Street and west of West Jefferson. Further any such facility must be at least 500 feet from any residential property and 1000 feet from and K-12 educational facility. The residential buffer/setback is reduced to 250 feet when proposed facility has multiple rail easements between the proposed facility and a residential area.
- It shall be unlawful for any person to engage in, or be issued a Permit for, the operation of the following Marihuana Establishments:
- Excess Marihuana Grower Permits
- Designated Consumption Establishment
- Marihuana Event Organizer
- Temporary Marihuana Event
- No Person shall operate a Marihuana Establishment at any time and at any location within the City unless an effective Permit for a Marihuana Establishment for that Person at that location has been issued under this Ordinance.
- Marihuana Establishments shall operate only as expressly allowed under this Ordinance.
- The requirements set forth in this Ordinance shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable state or local laws, regulations, codes, or ordinances.
- At the time of Application, each Applicant shall pay applicable fees, including Application fees, annual fees, renewal fees, transfer fees, and inspection fees for Permits to the City to defray the costs incurred by the City for inspection, administration, review, oversight, and enforcement of the local regulations regarding Marihuana Establishments. The application fee shall be $5,000.00. The City Council shall by resolution set all remaining fees in an amount not to exceed any limitations imposed by Michigan law.
- A Permit or Renewal Permit shall not confer any vested rights or reasonable expectation of subsequent renewal on the Applicant or Permit Holder, and shall remain valid one year immediately following its approval.
- Each year, any pending Applications for renewal or amendment of existing Permits shall be reviewed and granted or denied before Applications for new Permits are considered. Renewal applications are not subject to competitive review.
- It is always the sole and 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 City with all material changes in any information submitted on an Application and any other changes that may materially affect any state License or City Permit.
- No Permit issued under this Ordinance may be assigned or transferred to any Person unless the assignee or transferee has submitted an Application and all required fees under this Ordinance and other applicable Ordinances and the transfer has been authorized under this Ordinance by the City Council. No Permit issued under this Ordinance is transferrable to any other location except for the Permitted Premises on the Permitted Property, except for a change in location requested as part of a renewal application.
- 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 Ordinance.
- The Permit issued under this Ordinance shall at all times 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 fire, emergency, or law enforcement agency to conduct random and unannounced examinations of the Establishment and all records, materials, and property in that Establishment at any time to ensure compliance with this Ordinance, state law, any other local regulations, and the Permit.
- A Permit Holder may not engage in any other Marihuana Establishment in the Permitted Premises or on the Permitted Property, or in its name at any other location within the City, without first obtaining a separate Permit.
SECTION 3. OTHER LAWS AND ORDINANCES.
In addition to the terms of this Ordinance, any Marihuana Establishment shall comply with all laws, regulations and Ordinances, including without limitation the City Zoning Ordinance and the MRTMA to the extent such ordinances do not create obligations in conflict with this Ordinance.
SECTION 4. APPLICATION FOR, RENEWAL OF, AND TRANSFER OF PERMITS.
- Application Process. The City shall only accept Applications as designated by the Administrator. No Applications shall be accepted by the City unless the Administrator has issued procedures and standards for the receipt and review of Applications as set forth in this Ordinance, and specifically approved of the acceptance of such Applications. The dates, times, and places to accept Applications shall be determined by the Administrator, and made available publicly prior to the receipt of Applications.
- If more Applications are received for an Establishment than there are available Permits (more than zero) under this Ordinance, and the available Permit limits in this Ordinance would prevent the Department from issuing a state license to all Applicants who meet the requirements of MCL 333.27959(3), then the City will decide among the competing Applications with a competitive process established by the City Administrator intended to select Applicants who are best suited to operate in compliance with the Act, this Ordinance, and within the City.
- The Administrator is authorized to issue procedures and standards establishing the competitive process for the City to select the Applicant to operate in compliance with the Act, this Ordinance, and within the City. The City Council shall consider, review, and evaluate each Application according to the procedures and standards, the report of the Administrator, and any other information deemed relevant by the City Council to evaluate and review each Application.
- Upon completion of the competitive process for Applications subject to this subsection, the City Council may grant an Application(s) conditional approval.
- Permits subject to renewal shall not be considered available for the purposes of this subsection.
- Issuance of Conditional Approval. If the City Council makes a determination and grants an Application conditional approval, then the following apply to that Application.
- A conditional approval only means that the Applicant may apply for a special use permit under the City Zoning Ordinance.
- All special use permit applications must be submitted within 60 days of the Board’s determination of conditional approval under this subsection. If the Applicant does not submit a special use permit application or a special use permit is denied and all appeals are exhausted, then the conditional approval is revoked.
- All local permits must be issued within six months of the conditional approval or the conditional approval shall be revoked. The Board may extend this timeframe only once for an additional six months on good cause shown by the Applicant to the Board.
- The Applicant shall commence operation within 18 months of the conditional approval, or the conditional approval shall be revoked. The Board may extend this timeframe for an Applicant whose building is not yet in existence at the time of the City’s conditional approval only once for an additional six months where the Applicant has commenced construction of the building and on other good cause shown to the Board.
- The conditional license does not grant any vested rights to the Applicant.
- Renewal and Transfer Applications. Renewal and transfer Applications are not subject to competitive review and may submit applications as required or allowed in this Ordinance whether or not the City is accepting Applications.
- Application Contents. An Application must be submitted for each and every single Permit or Establishment type which may be operated within the City. An Application for a Permit for an Establishment shall be submitted to the office or person designated in the procedures and standards, and shall contain the following information, at a minimum:
- The name, address, phone number and e-mail address of the Applicant or Permit Holder and the proposed Marihuana Establishment;
- The names, home addresses and personal phone numbers for all owners, partners, directors, officers and managers of the Permit Holder and the Marihuana Establishment;
- One (1) 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 Marihuana Establishment.
- If the Applicant is a corporation, non-profit 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 proposed Establishment.
- Evidence of a valid sales tax license for the Applicant if such a license is required by state law or local regulations.
- Application for Sign Permit, if any sign is proposed or permitted.
- Non-refundable Application fee.
- Business and Operations Plan, showing in detail the Marihuana Establishment’s proposed plan of operation, including without limitation, the following:
- A description of the type of Establishment(s) proposed and the anticipated or actual number of employees.
- A security plan meeting the requirements of this Ordinance, which shall include a general description of the security systems(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.
- A description by category of all products proposed to be sold.
- All Material Safety Data Sheets for any nutrients, pesticides, and other chemicals proposed for use in the Marihuana Establishment.
- 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 nuisance odor will be detectable at the property line of the Permitted Premises and the Establishment will comply with operational restrictions regarding odor.
- A plan for the disposal of Marihuana and related byproducts that will be used at the Establishment.
- Site plan and interior floor plan of the Permitted Premises and the Permitted Property lawfully signed and sealed by a Michigan registered architect, surveyor or professional engineer.
- Identify any business that is directly or indirectly involved in the growing, processing, testing, transporting or sale of Marihuana for the Establishment.
- 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 been granted, denied, restricted, suspended, revoked, or not renewed any commercial License, Permit, or certificate issued by a licensing authority in Michigan or any other jurisdiction, 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.
- 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.
- 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.
- Any other information reasonably requested by the City 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, to the extent permitted by the Michigan Freedom of Information Act.
- Applicant and all related Persons acknowledge and consent to a background check and investigation by the City as a condition of the City processing and reviewing the application for conditional approval and approval or denial of a Permit, including providing their Social Security numbers or other personally identifying information to the City or their agents for a background check or any other purpose permitted under this Ordinance. Such information is confidential to the extent permitted by the Michigan Freedom of Information Act and shall not be disclosed except as permitted or required under this Ordinance.
- A Renewal 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.
- Prior to the approval or renewal of an Application for a Marihuana Grower Permit, an Applicant may amend the Class of the Marihuana Grower Permit Application by submitting an application form and expressly incorporating by reference the information or documentation contained in the original Permit Application. The City 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 Marihuana Grower Permit prior to operation.
- Same Requirements. The application contents for Renewal Applications are the same as new Applications. Renewal Applications shall be submitted to and received by the City not less than ninety (90) days prior to the expiration of the annual Permit. A Permit Holder whose Permit expires and for which a complete Renewal Application has not been received by the expiration date shall be presumed to have determined not to seek renewal.
- Change in Location. An Application requesting a change in the location of the Permitted Premises shall be submitted and received not less than one hundred twenty (120) days prior to the expiration of the Permit.
- Delayed Renewal. A Permit Holder whose Application has not been received 90 days prior to the expiration date may rebut the presumption and apply for the right to file a delayed Renewal Application, which shall be granted by the City unless the Applicant has been found to have defrauded the City, lost its License, or committed a material violation of this Ordinance. The application for the right to file a delayed Renewal Application must be filed by the expiration date, and the applicable fees shall be paid at the time of the delayed application, and the pre-existing Permit shall thereupon be extended until action is taken on the delayed Renewal Application, but no longer than 12 months after the expiration date.
- Conditional Approval. A Renewal Application is required from any Applicant who received conditional approval even if a Permit has not yet issued. A Renewal Application shall be submitted to and received by the City not less than ninety (90) days prior to the anniversary of the Board’s decision granting conditional approval.
- Transfer Application. Any unauthorized transfer or attempted transfer of a Permit or ownership interest in a Permit Holder constitutes a violation of this Ordinance.
- The same application contents required of new Applications 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 City 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 City Council after submitting a transfer application under this Ordinance. The transferee applicant and Permit Holder must submit a change in control transfer Application to the City 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 Establishment, and Applicant;
- If the Permit Holder is a corporation, non-profit organization, limited liability company or any other entity other than a natural person, attach a copy of all company formation documents (including bylaws and 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, non-profit 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.
- Information regarding any other Marihuana Establishment or 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.
- A non-refundable Application fee, as set by resolution by the Board.
- Any documents required to reflect that the Marihuana Establishment will be operated and managed consistent with the current filings provided to the City.
- Any other information reasonably requested by the City relevant to the processing or consideration of the Application.
- If, prior to the issuance of the Permit, an individual Applicant wishes to substitute a different Person as Applicant; or an Applicant that is a corporation, non-profit 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 City to amend the Application. Upon approval by the Administrator or as designated in the procedures and standards, 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 Ordinance. The City Council 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 City Council 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 members(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 City constitutes a transfer of ownership.
Approval, Issuance, Denial and Appeal.
- Final Inspection. An inspection of the proposed Establishment by the Administrator shall be required prior to issuance of the Permit. Such inspection shall occur after the Permitted Premises are ready for operation, but prior to the stocking of the Establishment with any marihuana, and prior to the opening of the Establishment or commencement of operations. The inspection is to verify that the Establishment has been constructed and can be operated in accordance with the Application submitted and the applicable requirements of this Ordinance, the special use permit, and any other applicable law, rule, or regulation.
- Notification to the City Council. After verification that the Establishment is constructed and can be operated in accordance with the Application submitted and the applicable requirements of this ordinance, the special use permit, and any other applicable law, rule, or regulation, and the issuance of a permanent certificate of occupancy for the Establishment, the Administrator shall notify the City Council to consider Permit issuance.
- Permit Approval. The City Council shall make a determination based upon satisfactory compliance with this ordinance, Application requirements, and all other permits, certificates, rules or regulations and do one of the following:
- Grant final approval to the Application and issue the Permit. If the Application is approved, then the Permit shall be issued to the Applicant as the Permit Holder for a specific Permitted Premises.
- Reject the Application stating the reasons for such rejection;
- Denial. Any final denial of a Permit may be appealed to a court of competent jurisdiction, provided that: (1) with respect to a denial of a new Permit, an appeal shall not grant any rights to an Applicant, subject to an order of the court; and (2) with respect to denial of a Renewal Application, if the Applicant has paid all required fees (and any additional fees due 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.
Effect of Transfer.
- Immediately following the approval of a transfer by the City Council, the 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 Ordinance are terminated.
- For transfers adding or removing members from an existing Permit Holder, the renewal and termination dates of the Permit shall not change.
- For transfers where no building is yet in existence, the deadline for commencement of construction shall be extended to one year immediately following the date the transfer is approved, but construction must commence within three years after the City’s initial conditional approval of the Application, regardless of any subsequent transfers.
Duty to Supplement.
- If, at any time before or after a Permit is issued pursuant to this Ordinance, any information required in the Permit Application, the MRTMA, or any rule or regulation promulgated thereunder, changes in any way from what is stated in the Application, the Applicant or Permit Holder shall supplement such information in writing within ten (10) days from the date upon which such change occurs.
- An Applicant or Permit Holder has a duty to notify the City Council in writing of any pending criminal charge or indictment, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the Applicant, the Permit Holder, or any owner, officer, director, manager, or employee within ten (10) days of the date when the Applicant, Permit Holder, owner, officer, director, or manager has notice of the event.
- An Applicant or Permit Holder has a duty to notify the City Council in writing of any pending criminal charge or indictment, and any criminal conviction, whether a felony, misdemeanor, or any violation of a local law or ordinance 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, Permit Holder, any owner, officer, director, manager, or employee within (10) ten days of the date when the Applicant, Permit Holder, any owner, principal officer, director, or manager has notice of the event.
SECTION 5. OPERATIONAL REQUIREMENTS–MARIHUANA ESTABLISHMENT. A
Marihuana Establishment issued a Permit under this Ordinance and operating in the City shall at all times comply with the following operational requirements, which the City Council may review and amend from time to time as it determines reasonable.
- Scope of Operation. Marihuana Establishments shall comply with all applicable codes, including local zoning, building, and health departments, except to the extent that they are inconsistent with the MRTMA or this Ordinance. The Establishment 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 Establishment must also hold both a valid state License under the MRTMA as well as a valid state License and local Permit for the corresponding type of Facility under the MMFLA. The Establishment operator, owner, Licensee or Permit Holder must have documentation available that demonstrates full compliance with all local and State sales tax requirements, including holding any Permits or Licenses, if applicable.
- Required Documentation. Each Marihuana Establishment shall be operated from the Permitted Premises on the Permitted Property. No Marihuana Establishment shall be permitted to operate from a moveable, mobile, or transitory location, except for a Permitted and Licensed Marihuana Secure Transporter when engaged in the lawful transport of Marihuana. No person under the age of eighteen (18) shall be allowed to enter 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; and
- Robbery and burglary alarm systems that are professionally monitored and operated 24 hours a day, 7 days a week; and
- A locking vault permanently affixed to the Permitted Premises that shall store all Marihuana and cash remaining in the Establishment overnight, except for Marihuana actively grown in a Grower Establishment; and
- All Marihuana in whatever form stored at the 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 10 days by the Permit Holder and made available to any law enforcement agency upon request for inspection.
- In this subsection, “school” means a public school, special education building operated by an intermediate school district or school district, state approved nonpublic school, or a vocational education building operated by an intermediate school district or school district as those terms are defined in the Revised School Code, MCL 380.1 et seq.
- In this subsection, a freeway means a divided arterial highway for through traffic with full control of access and with all crossroads separated in grade from pavements for through traffic.
- In this subsection, any distance shall be measured horizontally between the nearest property lines.
- No Marihuana Establishment shall be located or operated within one-thousand (1,000) feet from any school and five hundred (500) feet from any residence if such uses are in existence at the time of application.
- Stacked License. An Applicant for a Grower Establishment may apply to stack another Grower Permit at the 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 Establishment shall not exceed that amount permitted by the state License or the City’s Permit.
- The Marihuana offered for sale and distribution must be packaged and labeled in accordance with state law.
- The Establishment is prohibited from selling, soliciting or receiving orders for Marihuana or Marihuana Products over the internet.
- Sign Restrictions. 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. Business address with exterior illumination (only) is required and shall not exceed 12 inches in height and shall be affixed to the building and be clearly visible from the street. No business name, logo or other symbol is permitted. Further, business name, address and phone number must be displayed on the front door or the primary business entry door. The door signage shall be permanently affixed and not exceed 12 inches in height and 18 inches in width overall. Front door or primary business door must be illuminated.
- Use of Marihuana or other substances. 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 Establishments, 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 Establishment’s operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no nuisance odor is detectable at the property line of the Permitted Premises.
- Control and Mitigation of Odor. Odors from cultivating, growing, manufacturing, and processing must be abated to the fullest extent reasonably possible through the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated.
- Distribution. No person operating an Establishment 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, including those areas in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting, processing, or testing of Marihuana are located.
- Unpermitted Growing. A customer may not grow his or her own Marihuana at an Adult-Use Marihuana Establishment.
- Waste Disposal. The Permit Holder, owner and operator of the Establishment shall use lawful methods in controlling waste or by-products from any activities allowed under the License or Permit.
- Transportation. Marihuana may be transported by a Marihuana Secure Transporter within the City under this Ordinance, and to effectuate its purpose, only:
- By Persons who are otherwise authorized by state law to transport 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 Ordinance 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;
- 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.
- One Year Operation. The City may deny renewal of any Permit to a Commercial Marihuana Establishment that does commence operations within one year of the issuance of the Permit.
- Additional Conditions. The City Council may impose such reasonable terms and conditions on a Marihuana Establishment special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this Ordinance and applicable law.
SECTION 6. PENALTIES AND CONSEQUENCES FOR VIOLATION. 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 Ordinance or failure to comply with any of the requirements of this Ordinance shall be subject to and found responsible for a municipal civil infraction. The forfeiture for any municipal civil infraction shall be five hundred dollars ($500.00) plus court costs, attorney fees and abatement costs of each violation, together with all other remedies pursuant to MCL 600.8701, et seq. Each day a violation continues shall be deemed a separate municipal civil infraction.
- A Permit issued under this Ordinance 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 Ordinance 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 Ordinance.
- 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 Ordinance.
- If a Permit is revoked or limited under this Ordinance, the City 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 City Council.
- 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 (1) and (2) of this section, except as excluded from responsibility by state law.
- In addition to any other remedies, the City may institute proceedings for injunction, mandamus, abatement or other appropriate remedies to prevent, enjoin, abate or remove any violations of this Ordinance. The rights and remedies provided herein are civil in nature. The imposition of any fine or forfeiture shall not exempt the violator from compliance with the provisions of this Ordinance.
SECTION 7. SEVERABILITY. The provisions of this Ordinance are declared severable. If any part of this Ordinance 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.
SECTION 8. SAVINGS CLAUSE. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 9. REPEAL. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. The Trenton Prohibition of Marihuana Establishments Ordinance is hereby repealed.
SECTION 10. EFFECTIVE DATE: This Ordinance shall take effect seven (7) days after publication of a notice of adoption of this Ordinance, unless referendum procedures are initiated under MCL 125.3402. If referendum procedures are initiated, this Ordinance will take effect in accordance with MCL 125.3402.
ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 16th day of August, 2021.