Added on December 19, 2022  Sara Swanson

Public notice: Village of Manchester

VILLAGE OF MANCHESTER
NOTICE OF ADOPTION
ORDINANCE No. 315

AN ORDINANCE TO AMEND THE VILLAGE CODE OF ORDINANCES TO ALLOW FOR A MARIHUANA FACILITY REGULATORY ORDINANCE.

THE VILLAGE OF MANCHESTER, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:

Section 1. Amendment To Village Code of Ordinances for the Village of Manchester.
Ordinance No. 315, the Marihuana Facility Regulatory Ordinance, as incorporated as Chapter 98 of the Village of Manchester Code of Ordinances is hereby added to read as follows:

CHAPTER 98 MARIHUANA FACILITIES

Sec. 98.01 Purpose.

(a) It is the intent of this article to authorize the establishment of certain types of Marihuana facilities in the Village of Manchester and provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods; and mitigate potential impacts on surrounding properties and persons. It is also the intent of this article to help defray administrative and enforcement costs associated with the operation of a Marihuana facility in the Village through imposition of an annual, nonrefundable fee set annually by resolution of the Village Council on each medical Marihuana facility licensee and recreational Marihuana facility. Authority for the enactment of these provisions is set forth in the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq. 

(b) Nothing in this article is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of Marihuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et set.; and all other applicable rules promulgated by the state of Michigan. 

(c) As of the effective date of this article, Marihuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., which makes it unlawful to manufacture, distribute, or dispense Marihuana, or possess Marihuana with intent to manufacture, distribute, or dispense Marihuana. Nothing in this article is intended to grant immunity from any criminal prosecution under federal laws. 

Sec. 98.02 Definitions.

For the purposes of this article: 

Village means the Village of Manchester. 

Grower means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center. 

Licensee means a person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.

Marihuana or marihuana means that term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq. 

Marihuana facility means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq., including a Marihuana grower, Marihuana processor, Marihuana provisioning center, Marihuana secure transporter, Marihuana retailer, Marihuana microbusiness, or Marihuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq. 

Marihuana microbusiness means an enterprise licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments. 

Medical Marihuana facilities permit and recreational Marihuana facilities permit or permit means a permit issued by the Village pursuant to the provisions of this article. 

Person means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity. 

Processor means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center. 

Provisioning center means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients’ registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., is not a provisioning center for purposes of this article. 

Retailer means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to the general public in accordance with the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et set.

Safety compliance facility means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. 

Secure transporter means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee. 

Sec. 98-03. Authorization of facilities and fee.

(a) The maximum number of permit type of medical Marihuana facility allowed in the Village shall be as follows. 

Facility	Number
Grower	Not allowed
Processor	Not allowed
Secure transporter	Not allowed
Safety compliance center	Unlimited
Provisioning center	Unlimited

Number of permit types for recreational marihuana facilities.

Facility	Number
Grower	Not allowed
Processor	Not allowed
Microbusiness	Unlimited
Secure transporter	Unlimited
Safety compliance center	Not allowed
Retailer	Unlimited

(b) At least every two years after adoption of this article, Village council shall review the maximum number of each permit type of Marihuana facility allowed and determine whether this maximum number should be changed. The review and its findings shall be recorded in the minutes of the relevant meeting of the Village council. 

(c) A nonrefundable fee shall be paid by each Marihuana facility permitted under this article in an annual amount set annually by resolution of the Village council. Each state license issued to a facility shall coincide with a permit issued by the municipality for that type of license. Example: one (1) grower license for medical Marihuana from the state and one (1) grower license for recreational Marihuana from the state shall result in one (1) grower permit from the Village for medical Marihuana and one (1) grower permit for recreational Marihuana from the Village.

Sec. 98-04. Requirements and procedure for issuing permit

(a) No person shall operate a Marihuana facility in the Village without a valid Marihuana facility permit issued by the Village pursuant to the provisions of this article. 

(b) Every applicant for a permit to operate a Marihuana facility shall file an application in the Village clerk’s office upon a form provided by the Village. The application shall contain any information required by the Act and the following information: 

(1) Name, e-mail, address, and telephone number of property owner of the land where the Marihuana facility will conduct business. 

(2) Name, e-mail, address, and telephone number of the individual with the permit. 

(3) If the property owner and the individual with the permit are not the same person, a document signed by the property owner authorizing the individual with a permit to operate on the property owner’s land. 

(4) Any other information deemed by the Village to be required for the consideration of a permit. 

(c) Every applicant for a permit to operate a grow operation shall submit with the application a photocopy of the applicant’s valid and current license issued by the State of Michigan in accordance with the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.

(d) Upon an applicant’s completion of the above-provided form and furnishing of all required information and documentation, the Village clerk shall accept the application and assign it a sequential application number by facility type based on the date and time of acceptance. The Village clerk shall act to approve or deny an application not later than 14 days from the date the application was accepted. If approved, the Village clerk shall issue the applicant a provisional permit. 

(e) A provisional permit means only that the applicant has submitted a valid application for a Marihuana facility permit, and the applicant shall not locate or operate a Marihuana facility without obtaining all other permits and approvals required by all other applicable ordinances and regulations of the Village. A provisional permit will lapse and be void if such permits and approvals are not diligently pursued to completion, but in any event no later than 90 days after the provisional permit is issued. A provisional permit may automatically be renewed without a fee within the 90 days timeframe if state licensure is not received within the timeframe but shall not be valid for more than one year. Marihuana facilities with a provisional permit may operate under the definition of a temporary operation pursuant to rules established under the Medical Marihuana Facilities Licensing Act (MCL 333.27101). and the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq.

(f) Within 14 days from the applicant submitting proof of obtaining all other required permits and approvals and payment of the permit fee, the Village clerk shall approve or deny the Marihuana facility permit. The clerk shall issue Marihuana facility permits in order of the sequential application number previously assigned. 

(g) Maintaining a valid Marihuana facility permit issued by the state is a condition for the issuance and maintenance of a Marihuana facility permit under this article and continued operation of any Marihuana facility. 

(h) A Marihuana facility permit issued under this article is not transferable. 

(i) Applicant must own land within the Village of Manchester for where the use is allowed or control land under a lease in order to apply for a permit for any type of marihuana facility. 

Sec. 98-05. Regulations for Marihuana facilities.

All Marihuana facilities permitted under this article shall be subject to the following regulations: 

(1) Lighting. Light cast by light fixtures inside any building used for Marihuana production or Marihuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day. 

(2) Odor. As used in this subsection, building means the building, or portion thereof, used for Marihuana production or Marihuana processing. 

a. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. 

b. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM. 

c. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days. 

d. Negative air pressure shall be maintained inside the building. 

e. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building. 

f. The village engineer and building inspector shall approve detailed plans for odor control. The costs for the approval of the village engineer and building inspector shall be borne by the applicant.

g. An alternative odor control system is permitted if the municipality’s village engineer and building inspector accepts a report by a mechanical engineer licensed in the state of Michigan demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted. 

h. No equipment or process shall be used in growing/cultivation of marihuana (Marihuana), which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary. A fine amount, which shall be annually set by the Village council, shall be assessed to the facility each day this occurs. 

(3) Security cameras. All Marihuana facilities shall be equipped with security cameras. Security cameras shall be directed to record only the subject property and may not be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the State of Michigan. 

(4) Hours of operation. A provisioning center and retailer may only sell to consumers or allow consumers to be present in the building space occupied by the provisioning center and retailer between the hours of 9:00 a.m. and 9:00 p.m. 

(5) Marihuana and tobacco products. The following regulations shall apply to Marihuana processing facilities, Marihuana growing facilities, safety compliance centers, provisioning centers, and secure transporters: 

a. Marihuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by Marihuana processing facilities, Marihuana growing facilities, safety compliance centers, provisioning centers, and secure transporters. 

(6) Outside activities for a marihuana growing and processing facility. Marihuana shall not be taken outside of a building where an odor control system has been installed to do any sort of processing of it, including grinding marihuana or cutting marihuana. 

(7) Marihuana waste for a marihuana growing and processing facility. All marihuana waste shall be stored in a building where an odor control system has been installed and shall not be stored outside of the building. 

(8) Facilities shall not depose of wastewater that is detrimental to the wastewater system. The village engineer shall annually review reports from the facilities  demonstrating that their wastewater discharge is not going to impact the village’s wastewater system. The preparation, cost of review, and other fees for such review shall be paid for by the facility.

Sec. 98-06. Permit renewal.

(a) A Marihuana facility permit shall be valid for one year from the date of issuance, unless revoked as provided by law. 

(b) A valid Marihuana facility permit may be renewed on an annual basis by submitting a renewal application upon a form provided by the Village and payment of the annual permit fee. Application to renew a Marihuana facility permit shall be filed at least 30 days prior to the date of its expiration. 

Sec. 98-07. Applicability.

The provisions of this article shall be applicable to all persons and facilities described herein, whether the operations or activities associated with a medical Marihuana facility were established without authorization before the effective date of this article. 

Sec. 98-08. Prohibition.

Pursuant to the Michigan Regulation and Taxation of Marihuana Act, Section 6.1, and the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) et seq. the Village of Manchester elects to prohibit marihuana establishments within its boundaries in any area where such facilities are not otherwise permitted under the provisions of the Village of Manchester’s zoning regulations.

Sec. 98-09. Violations and penalties.

(a) Any person who disobeys, neglects, or refuses to comply with any provision of this article or who causes allows or consents to any of the same shall be deemed to be responsible for the violation of this article. A violation of this article is deemed to be a nuisance per se. 

(b) A violation of this article is a civil infraction, for which the fines shall as set forth in Manchester Village Municipal Code. The foregoing sanctions shall be in addition to the rights of the Village 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 Village incurs in connection with the municipal civil infraction. The civil infraction fee amount shall be:

(1) First violation is $5,000.00;

(2) Second violation is $10,000.00 and the permit(s) for the facility will be revoked. Washtenaw County Circuit Court action will also be sought to shut the facility down permanently.

(c) Each day during which any violation continues shall be deemed a separate offense. 

(d) In addition, the Village may seek injunctive relief against persons alleged to be in violation of this article, and such other relief as may be provided by law. 

(f) This section shall be administered and enforced by the Washtenaw County Sheriff’s Office, ordinance enforcement officer of the Village, Village Manager, or by such other person (s) as designated by the Village council from time to time. 

Section  2. Severability
If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance.

Section  3. Effective Date
The Village Clerk shall cause this Ordinance, or a synopsis of this Ordinance, to be published in the manner required by law within fifteen (15) days after it has been duly adopted by the Village Council.  The effective date shall be the 20th day after the date of publication.

Adopted:  December 19, 2022
Published:  December 21, 2022
Effective: January 10, 2023