Draft Date
10/14/11
* THE FOLLOWING ORDINANCE WAS ADOPTED AT A MEETING OF THE TOWNSHIP BOARD HELD ON NOVEMBER 28, 2011.
FRUITPORT CHARTER TOWNSHIP
ORDINANCE NO. 773
MEDICAL MARIHUANA HOME OCCUPATIONS ORDINANCE
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT, TO ADD A NEW CHAPTER 24 ENTITLED MEDICAL MARIHUANA HOME OCCUPATIONS; TO PROVIDE FOR THE LICENSING AND REGULATION OF MEDICAL MARIHUANA HOME OCCUPATIONS; TO ADDRESS THE NEGATIVE SECONDARY EFFECTS ASSOCIATED WITH MEDICAL MARIHUANA HOME OCCUPATIONS BY PROVIDING FOR ADDITIONAL MISCELLANEOUS REGULATIONS; AND TO ALLOW INSPECTIONS.
THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, AND STATE OF MICHIGAN ORDAINS:
Section 1. Adoption of Chapter. Chapter 24 of the Fruitport Charter Township Code of Ordinances is added, which Chapter will be known and cited as the "Fruitport Charter Township Medical Marihuana Home Occupations Ordinance" and shall read in its entirety as follows.
"CHAPTER 24
MEDICAL MARIHUANA HOME OCCUPATIONS
Sec. 24-1. Purpose and intent.
It is the purpose and intent of this Chapter to minimize the negative secondary effects associated with Medical Marihuana Home Occupations, and thereby promote the health, safety, and general welfare of the owners and customers of Medical Marihuana Home Occupations and the citizens and residents of the Township, through licensing and regulating Medical Marihuana Home Occupations.
It is not the intent of this Chapter to prohibit any use or activity guaranteed protection by the Michigan Medical Marihuana Act, but to enact regulations which address the possible adverse secondary effects of facilities used for the cultivation, sale or dispensation of medical marihuana; to ensure that such facilities are not covertly used for unlawful purposes not authorized by the Michigan Medical Marihuana Act; and to ensure that these types of facilities do not create or cause adverse effects that might contribute to the blighting or downgrading of the surrounding area.
In adopting this Chapter, the Township reviewed various documents which studied the negative secondary effects of medical marihuana dispensaries. The documents included a California "White Paper on Medical Marijuana Dispensaries;" a "Medical Marijuana Dispensaries and Associated Issues" paper presented to the California Chiefs of Police Association; and a white paper on "Medical Marijuana Dispensaries" by the California Police Chiefs Association Task Force on Marijuana Dispensaries.
A primary goal of regulating these uses is to prevent a concentration of the uses in any one area of the Township; to minimize or even prevent the possible adverse secondary effects of such uses; to ensure the integrity of the Township's residential areas; and to protect the integrity of churches and other places of religious worship, schools, licensed day-care facilities, parks and playgrounds, and other areas where persons congregate. Nothing in this Chapter shall be construed as permitting a violation of any State or Federal law.
Sec. 24-2. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Chapter, unless otherwise specifically stated.
A. Michigan Medical Marihuana Act: Initiated Law 1 of 2008; MCL 333.26421, et seq.
B. Medical Marihuana Home Occupation: A Home Occupation, governed by Chapter 42 of this Code, established for the purpose of carrying on the "medical use" of marihuana, as that term is defined by the Michigan Medical Marihuana Act, including, but not limited to, the cultivation, sale or dispensation of medical marihuana.
C. Other Definitions: Words and phrases used in this Chapter shall have the same meanings as set forth in the Michigan Medical Marihuana Act, and the regulations adopted under the Michigan Medical Marihuana Act by the State of Michigan Department of Community Health, or any similar or successor agency.
Sec. 24-3. Prohibition.
It shall be a violation of this Chapter for any person to operate or cause to be operated a Medical Marihuana Home Occupation in the Township without a valid license issued pursuant to the provisions of this Chapter.
Sec. 24-4. Location requirements.
A Medical Marihuana Home Occupation shall not be located or operated within 1,000 feet of any of the following existing land uses:
A. Another Medical Marihuana Home Occupation (this requirement may be waived upon a determination by the Township Board that a second Medical Marihuana Home Occupation would not contribute to blighting or an excessive concentration of such uses);
B. A church, synagogue, mosque or other place of religious worship, or a park, playground, school, or licensed day-care facility.
The measurement of the above-stated isolation-distance requirement shall be made by extending a straight line from the property line of the Medical Marihuana Home Occupation to the nearest property line occupied by any of the land uses stated above.
Sec. 24-5. Applicant's information.
An applicant seeking to establish a Medical Marihuana Home Occupation shall also submit the following.
A. The applicant shall submit a floor plan of the premises showing the following:
1. The location of the entry, demonstrating that there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms;
2. Location of all lighting fixtures used for the home occupation;
3. Identification of any portion of the premises in which patrons will not be permitted;
4. Identification of the use of each room or other area of the premises; and
5. Identification of any areas that will be used for the cultivation of marihuana, and the total square footage that will be used for this purpose.
B. The applicant shall submit a current certificate and straight-line drawing, prepared within 30 days prior to the application, by a land surveyor depicting the property lines and the structures of the proposed business, showing a circle extending 1,000 feet from the property line of the property on which the Medical Marihuana Home Occupation will be located, and depicting the property line of any church, synagogue, mosque, other place of religious worship, park, playground, school, licensed day care facility.
C. The applicant shall submit proof that the proposed operator of the Medical Marihuana Home Occupation has been issued a registry identification card, to serve as a registered primary caregiver.
Sec. 24-6. Disallowance of a Medical Marihuana Home Occupation.
The Township shall not allow a Medical Marihuana Home Occupation to operate if any of the following are true.
A. An applicant is under 21 years of age.
B. An applicant is overdue in payment to the Township of fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a Medical Marihuana Home Occupation.
C. The premises to be used for the Medical Marihuana Home Occupation have not been approved by the building inspector as being in compliance with applicable laws and ordinances.
D. The applicant has operated a Medical Marihuana Home Occupation or business which was determined to be a public nuisance under laws of any state, county, city, village or township within one year prior to the date of application.
E. The application fee has not been paid.
F. The application for the proposed Medical Marihuana Home Occupation is in violation of or is not in compliance with any of the provisions of this Chapter.
G. The applicant has ever been convicted of a felony involving illegal drugs.
Sec. 24-7. Operational requirements.
A Medical Marihuana Home Occupation must comply with the following operational requirements.
A. Age Requirement Regulations. No persons under the age of 18 shall be permitted in the area of a dwelling used for a Medical Marihuana Home Occupation at any time, unless the person is a registered qualifying patient and is accompanied by a parent or legal guardian.
B. Hours of Operation. Hours of operation of a Medical Marihuana Home Occupation shall be limited to 8:00 a.m. to 8:00 p.m.
C. Inspection. During regular hours of operation the owner of the dwelling or operator of the Medical Marihuana Home Occupation shall permit all representatives of the Township, County and the State of Michigan to inspect the premises of the Medical Marihuana Home Occupation for the purpose of determining compliance with this Chapter and other applicable laws.
D. Exterior Structural Requirements. All Medical Marihuana Home Occupations shall comply with the following exterior structural requirements.
1. The merchandise or activities of the Medical Marihuana Home Occupation shall not be visible from any point outside the dwelling.
2. The exterior portion of a Medical Marihuana Home Occupation shall not utilize flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any kind.
3. It shall be unlawful for the owner of the dwelling or operator of the Medical Marihuana Home Occupation to allow exterior portions of the facility to be painted any color other than neutral colors or colors consistent with dwellings in the immediate area.
E. Interior Structural Requirements.
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
2. Any interior space used for the cultivation of marihuana shall have an area not greater than reasonably necessary to support the cultivation of not more than 72 individual marihuana plants, and shall be located in a separate locked room that is not accessible to the general public.
3. The interior premises shall be equipped with 24-hour electronic, video surveillance equipment, sufficient in nature and scope to deter and detect unlawful theft of marihuana from the premises.
F. Standards of Conduct. The following standards of conduct shall be adhered to on the premises of the Medical Marihuana Home Occupation.
1. The owner of the dwelling or operator of the Medical Marihuana Home Occupation shall not allow the illegal possession, use, or sale of alcohol or controlled substances on the premises.
2. The owner of the dwelling or operator of the Medical Marihuana Home Occupation shall not illegally offer for sale or illegally allow to be consumed or possessed upon the premises, or upon any parking areas, sidewalks, walkways, access ways or grounds of the premises, narcotics or dangerous drugs or fermented malt, malt, vinous or spirituous beverages.
3. All activity of the Medical Marihuana Home Occupation, including but not limited to the cultivation, dispensing and sale of medical marihuana, shall be performed indoors.
4. Smoking or consumption of Medical Marihuana shall not be allowed on any portion of the site of the Medical Marihuana Home Occupation by anyone other than the primary caregiver, and then only if in accordance with the Michigan Medical Marihuana Act.
5. A Medical Marihuana Home Occupation shall be operated in compliance with any applicable rules promulgated by the Michigan Department of Community Health or the applicable State licensing agency.
Sec. 24-8. License application.
A. All applicants for a Medical Marihuana Home Occupation license shall sign and file an application for the license with the Township Supervisor. The applicant shall be named in each application.
B. The applicant must be qualified according to the provisions of this Chapter and the premises must be inspected and found to be in compliance with the law by the building inspector.
C. Applications for a license, whether original or renewal, must be made to the Township Supervisor by the primary caregiver of the Medical Marihuana Home Occupation. The primary caregiver shall be required to give the following information on the application.
1. The application shall state the telephone number of the Medical Marihuana Home Occupation.
2. The application shall state the address and legal description of the real property on which the Medical Marihuana Home Occupation is to be located.
3. The application shall state whether the applicant had a previous Medical Marihuana Home Occupation license under this Chapter, or a Medical Marihuana Home Occupation or business from another city, village, township or county. The application shall further state if any previous license was denied, suspended or revoked; the name and location of the Medical Marihuana Home Occupation or business for which the license was denied, suspended or revoked; and the date of the denial, suspension or revocation.
4. The application shall state whether the applicant holds any other licenses under this Chapter or other similar Medical Marihuana Home Occupation or business ordinance from another city, village, township or county and, if so, the names and locations of such other permitted business or home occupation.
5. The application shall state the applicant’s driver's license number, social security number, or federally issued tax identification number.
D. The application shall be accompanied by the following:
1. Payment of the application and license fee, as established by resolution of the Township Board;
2. Satisfactory proof that the applicant meets the requirements of this Chapter and the Michigan Medical Marihuana Act;
3. Documentation identifying the owner(s) of the real property on which the Medical Marihuana Home Occupation is to be situated; and
4. If the person(s) identified as the owner(s) of the real property identified above is (are) not also the operator(s) of the Medical Marihuana Home Occupation, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the operator(s) or proposed operator(s) of the Medical Marihuana Home Occupation to have or obtain the use and possession of the real property that is to be used to operate the Medical Marihuana Home Occupation.
E. The application shall contain a statement under oath that:
1. The applicant has personal knowledge of the information contained in the application and that the information in the application and furnished with the application is true;
2. The applicant has read this Chapter.
Sec. 24-9. Term of license.
All licenses issued pursuant to this Chapter shall be for a term of one year. The term shall commence on January 1 of each year and terminate upon December 31 of the same year. Applications for a license filed at any other time during the year shall be treated as if they were filed January 1 of that year and shall terminate on December 31 of the same year, and no proration of fees shall be permitted.
Sec. 24-10. Revocation of license.
The Township Board shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months. The Township Board shall also revoke a license if it determines that any of the following has occurred:
A. Any condition exists that would warrant disapproval of a license as set forth in this Chapter;
B. The Medical Marihuana Home Occupation operator has engaged or has allowed others to engage in acts of misconduct on the licensed premises in violation of any Township ordinance or the laws of the State of Michigan or of the United States, when the operator knew or should have known such acts were taking place; which include but are not limited to having more than 12 plants per patient, 2-1/2 ounces, or dispensing to anyone other than one of their five registered patients; or
C. Repeated disturbances of the public peace have occurred within the Medical Marihuana Home Occupation or upon any parking areas, sidewalks, access ways or grounds of the Medical Marihuana Home Occupation.
When the Township Board revokes a license, the revocation shall continue for one year. The licensee shall not be issued a license under this Chapter for one year from the date revocation became effective. If, subsequent to revocation, the Township Board finds that the basis for the revocation has been corrected or abated, a license may be reinstated if at least 90 days have elapsed since the date the revocation became effective.
Sec. 24-11. Transfer of license.
Any license granted under this Chapter shall be non-transferable. A licensee shall not transfer any license to another individual or business, nor shall a licensee operate a Medical Marihuana Home Occupation under the authority of a license at any place other than the address designated in the application for the license.
Sec. 24-12. Penalties.
Any person violating this Chapter shall be guilty of a misdemeanor."
Section 2. Repeal. All resolutions, ordinances or orders in conflict in whole or in part with any of the provisions of this Ordinance are, to the extent of such conflict, repealed.
Section 3. Effective date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on November 28, 2011, after introduction and a first reading on October 24, 2011, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective 30 days after its publication.
_________________________________ ______________________________
Brian Werschem, Township Supervisor Carol Hulka, Township Clerk
FCT 257 Medical Marihuana Home Occupations Ordinance 10142011
CERTIFICATE
I, Carol Hulka, the Clerk for the Charter Township of Fruitport, Muskegon County, Michigan, certify that the foregoing Medical Marihuana Home Occupation Ordinance was adopted at a regular meeting of the Township Board held on November 28, 2011. The following members of the Township Board were present at that meeting: Brian Werschem, Carol Hulka, Rose Dillon, Ron Becklin, Dave Markgraf, Marjorie Nash, and Chuck Whitlow. The following members of the Township Board were absent: none. The Ordinance was adopted by the Township Board with members of the Board- Whitlow, Nash, Becklin, Markgraf, Hulka, Dillon, Werschem voting in favor, and members of the Board- none voting in opposition. Notice of Adoption and Posting of the Ordinance was published in The Muskegon Chronicle on December 3, 2011.
_________________________________
Carol Hulka, Clerk
Fruitport Charter Township
FCT 257 Medical Marihuana Home Occupations Ordinance 10142011
