An ordinance to repeal and replace the recreational (adult use) marihuana ordinance and
any revisions thereto; to provide a title for the ordinance; to define words; to authorize the
operation of and provide regulations for recreational (adult use) marihuana establishments in
Baltimore Township pursuant to PA 281 of 2016, as may be amended; to provide for an annual
fee; to provide penalties for violation of this ordinance; to provide for severability; to repeal all
prior ordinances, parts of ordinances, or amendments thereof in conflict therewith and to provide
an effective date.
THE TOWNSHIP OF BALTIMORE
BARRY COUNTY, MICHIGAN
ORDAINS:
SECTION I
TITLE
This ordinance shall be known as and may be cited as the Baltimore Township
Recreational (Adult Use) Marihuana Establishment Ordinance.
SECTION II
PURPOSE
The purpose of the ordinance 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 Ordinance 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
SECTION III
DEFINITIONS
Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018,
MCL 333.27951, et seq., as may be amended.
SECTION IV
RECREATIONAL (ADULT USE) MARIHUANA ESTABLISHMENTS
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 Initiated Law 1 of 2018, as
may be amended, the Rules promulgated thereunder and this ordinance:
1. Not more than eight (8) growers shall be authorized in the Township,
which number may include Class A, B or C growers in any combination,
but not exceeding forty (40) licenses in total.
2. Not more than four (4) processors shall be authorized in the Township.
3. Not more than three (3) retailers shall be authorized in the Township.
4. Not more than five (5) Microbusinesses shall be authorized in the Township.
5. Not more than two (2) secure transporters shall be authorized in the Township.
6. No (zero) safety compliance facility shall be authorized in the Township.
7. Not more than five (5) excess marihuana growers shall be authorized in the Township.
8. No (zero) designated consumption establishment licenses, marihuana event organizer
licenses and/or temporary marihuana event licenses are authorized in the Township.
9. 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.
SECTION V
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RECREATIONAL (ADULT USE) MARIHUANA ESTABLISHMENT LICENSES
1. All applicants for a Township recreational (adult use) marihuana establishment
license shall be pre-qualified by the State of Michigan Marijuana 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, the applicant does not need to
obtain prequalification for a recreational (adult use) marihuana establishment before
applying to the Township for a recreational (adult use) marihuana establishment license.
2. On and after October 1, 2019, 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 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
recreational (adult use) marihuana establishment fee, the application shall be time and
date stamped. All complete applications received on or after October 1, 2019 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 ordinance, the
applications shall be considered by the Township Board pursuant to the evaluation
criteria contained in Section VI of this Ordinance. 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 Section V
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.
3. 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 Section VI.
4. 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 ordinance for the operation of a
recreational (adult use) marihuana establishment.
5. 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
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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 Section VI. 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 thirty days prior to
cancellation, upon the reasonable discretion of the Township Board making a finding of
good cause for the extension.
6. 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.
SECTION VI
LICENSE EVALUATION CRITERIA
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
Baltimore Township.
2. The applicant’s experience in operating other licensed marihuana businesses in
Michigan.
3. If the applicant is a resident of Baltimore Township.
4. If the applicant is a resident of Barry County, Michigan.
5. The applicant’s general business management experience.
6. The applicant’s financial ability and/or means to operate or maintain a
marihuana establishment.
7. Whether the applicant has been delinquent in paying taxes to Baltimore
Township, Barry County and/or any other public entity in the past 10 years.
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8. Whether the applicant has a history of non-compliance with any regulatory
requirements in Baltimore Township, Barry County or elsewhere within the State of
Michigan.
SECTION VII
GENERAL REGULATIONS REGARDING
AUTHORIZED RECREATIONAL (ADULT USE) MARIHUANA ESTABLISHMENTS
1. 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 the
Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018), as may
be amended and the Rules promulgated thereunder. The establishment shall only be
operated as long as the state operating license and Township license both remain in effect.
2. 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.
3. 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 and building ordinances, all other Township ordinances
specifically regulating recreational (adult use) marihuana establishments and generally
applicable Township police power ordinances. The establishment 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.
4. 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
Section VI.
5. A recreational (adult use) marihuana establishment shall not be located within
1,000 feet of an existing public or private school providing education in kindergarten or
any grades 1 – 12.
6. RESERVED FOR FUTURE USE.
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7. 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.
8. A marihuana retailer establishment may only be located on M-37 North and South
within the Township.
9. A marihuana retailer establishment shall only be open to the public between the
hours of 9:00 a.m. to 9:00 p.m., seven days a week.
10. A microbusiness retailer component shall only be open to the public between the
hours of 9:00 a.m. to 9:00 p.m., seven days a week.
11. All signage and advertising shall comply with Baltimore Township and/or Barry
County regulations.
12. A licensed recreational (adult use) marihuana establishment shall consent to
inspection of the facility by Township officials and/or by the County Sheriff’s
Department, upon reasonable notice, to verify compliance with this ordinance.
13. The Township expressly reserves the right to amend or repeal this ordinance 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.
SECTION VIII
ANNUAL RECREATIONAL (ADULT USE) MARIHUANA ESTABLISHMENT FEE
There is hereby established an annual nonrefundable Township recreational (adult use)
marihuana establishment license fee in the amount of $5,000, for each recreational (adult use)
marihuana license within the Township, to help defray administrative and enforcement costs
associated therewith. An initial annual recreational (adult use) marihuana license 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 the anniversary date of State of Michigan licensure to
operate the recreational (adult use) marihuana establishment. Each adult use recreational
marihuana license shall be assessed a separate license fee by Baltimore Township.
SECTION IX
NONRENEWAL, SUSPENSION, REVOCATION, APPEALS
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1. It is hereby expressly declared that nothing in this ordinance 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 the Township.
2. Each license is exclusive to the licensee and a licensee or any other person must
apply to and receive Township Board approval before a license is transferred, sold or
purchased. 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.
3. The Township Board, after notice and hearing, may suspend, revoke or refuse to
renew a license for any of the following reasons:
a. 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;
b. The recreational (adult use) marihuana establishment has operated in a manner
that adversely affects the public health, safety and welfare.
4. 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.
5. 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 Board 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.
SECTION X
VIOLATIONS AND PENALTIES
1. Any person who disobeys neglects or refuses to comply with any provision of this
ordinance or who causes allows or consents to any of the same shall be deemed to be
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responsible for the violation of this ordinance. A violation of this ordinance is deemed to
be a nuisance per se.
2. A violation of this ordinance 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
ordinance committed by the same person within 12 months of a previous violation of the
same provision of this ordinance 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.
3. Each day during which any violation continues shall be deemed a separate
offense.
4. In addition, the Township may seek injunctive relief against persons alleged to
be in violation of this ordinance, and such other relief as may be provided by law.
5. This ordinance 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.
SECTION XI
SEVERABLITY
The provisions of this ordinance 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 Initiated Law 1 of 2018, as amended.
SECTION XII
REPEAL
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All ordinance or parts of ordinances in conflict herewith are hereby repealed; specifically,
Ordinance No. 2019-1R, Ordinance No. 2019-____, Ordinance No. 2020-RA-2, and Ordinance
No. 2020-____.
SECTION XIII
EFFECTIVE DATE
This ordinance shall take effect upon publication after adoption.
Penelope Ypma, Clerk
Baltimore Township
An ordinance to provide a title for the ordinance; to define words; to authorize the operation of and provide regulations for medical marihuana facilities in Baltimore Township pursuant to PA 281 of 2016, as may be amended; to provide for an annual fee; to provide penalties for violation of this ordinance; to provide for severability; to repeal all ordinances or parts of ordinances in conflict therewith and to provide an effective date.
THE TOWNSHIP OF BALTIMORE
BARRY COUNTY, MICHIGAN
ORDAINS:
SECTION I
TITLE
This ordinance shall be known as and may be cited as the Baltimore Township Medical Marihuana Facilities Ordinance.
SECTION II
DEFINITIONS
Words used herein shall have the definitions as provided for in PA 281 of 2016, as may be amended.
SECTION III
AUTHORIZED MARIHUANA FACILITIES
(a.) Not more than 2 (two) growers in total 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.
1. Not more than 2 (two) Class A growers (500 marihuana plants) may be permitted in the Township.
2. Not more than 2 (two) Class B growers (1,000 marihuana plants) may be permitted in the Township.
3. Not more than 2 (two) Class C growers (1,500 marihuana plants) may be permitted in the Township.
b) Not more than 1 (one) processor shall be authorized in the Township.
c) No provisioning centers shall be authorized in the Township.
Not more than 1 (one) safety compliance facility shall be permitted in the Township.
Not more than 2 (two) secure transporters shall be permitted in the Township.
2.On and after December 15, 2017, 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.
3. Within thirty days from conditional authorization by the Township or from December 15, 2017, 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 Section III (2) herein.
4. 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 Section III (2) herein.
5. 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 ordinance for the operation including but not limited to any zoning approval for the location of the facility within the Township.
6. 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 Section III (2) 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 thirty days prior to cancellation, upon the reasonable discretion of the Township Board finding good cause for the extension.
SECTION IV
GENERAL REGULATIONS REGARDING
AUTHORIZED MEDICAL MARIHUANA FACILITIES
1. A 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, 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.
2. 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 regulations.
3. 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.
4. An authorized medical marihuana facility shall consent to inspection of the facility by Township officials and/or by the County Sheriff’s Department, upon reasonable notice, to verify compliance with this ordinance.
5. If at any time an authorized medical marihuana facility violates this ordinance 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 Section III(2) herein.
6. It is hereby expressly declared that nothing in this ordinance 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.
7. The Township expressly reserves the right to amend or repeal this ordinance 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.
SECTION V
ANNUAL MEDICAL MARIHUANA FACILITY FEE
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.
SECTION VI
VIOLATIONS AND PENALTIES
SECTION VII
SEVERABLITY
The provisions of this ordinance 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 marihuana facilities pursuant to PA 281 of 2016, as may be amended.
SECTION VIII
REPEAL
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
SECTION IX
EFFECTIVE DATE
This ordinance shall take effect thirty days after publication upon adoption.
Penny Ypma, Clerk
Baltimore Township