STRUCTURE, OR LOT WHERE THREE (3) OR MORE CAREGIVERS ARE ORDINANCE NO.

Transcription

1 ORDINNCE NO. n ordinance to amend the Code of the City of Flint by amending Chapter 12, Business and Occupations Generally, to add rticle XXXI, Medical Marihuana Provisioning Centers. IT IS HEREBY ORDINED BY PEOPLE CITY FLINT: Sec. 1. That the Code of the City of Flint shall be amended by amending Chapter 12, Business and Occupations Generally, to add rticle XXXI, Medical Marihuana Provisioning Centers, which shall read in its entirety as follows: RTICLE XXXI. MEDICL MRIHUN PRO VISIONING CENTERS STNDRDS MRIHUN CENTERS. FOR MEDICL () LL MEDICL MRIHUN CENTERS SHLL BE SUBJECT TO NY OR PPLICBLE PROVISIONS FLINT CITY CODE. MEDICL MRIHUN CENTERS SHLL LSO COMPLY WITH MICHIGN MEDICL MRIHUN CT (MCL ET SEQ), GENERL RULES MICHIGN DEPRTMENT COMMUNITY HELTH, ND OR PPLICBLE STTE LWS. (B) DEFINITIONS: FOR PURPOSE CODE, FOLLOWING DEFINITIONS SHLL PPLY: PRO VISIONING CENTER INCLUDES (1) NY BUILDING, STRUCTURE OR LOT WHERE MORE THN 25% IS USED TO CULTIVTE MRIHUN, OR (2) NY BUILDING, STRUCTURE, OR LOT WHERE THREE (3) OR MORE CREGIVERS RE CULTIVTING, STORING, DELIVERING, TRNSFERRING, OR PROVIDING QULIFYING PTIENTS WITH MEDICL MRIHUN. ( C) NO PERSON SHLL OPERTE WITHOUT CENTER HVING FIRST OBTINED ND BEING IN POSSESSION VLID LICENSE ISSUED BY DEPRTMENT PLNNING ND (1) LICENSE PPLICTION SHLL BE MDE NNULLY ON FORMS PROVIDED BY DEPRTMENT PLNNING ND DEVELOPMENT WHICH SHLL REQUIRE FULL LEGL NME ND DTE BIRTH ECH PRIMRY CREGIVER, DDRESS INTENDED LOCTION CENTER, COPY PPROVED SPECIL USE PERMIT FOR IDENTIFIED DDRESS, COPY ECH PRIMRY CREGIVER S REGISTRY IDENTIFICTION CRD, ND INFORMTION BOUT WHER MRIHUN WILL BE GROWN ON PREMISES. (2) CHIEF POLICE SHLL CONDUCT CRIMINL BCKGROUND CHECK

2 PPLICNT, ND LICENSE SHLL NOT BE ISSUED TO NY PERSON WHO HS BEEN CONVICTED NY ILLEGL DRUGS, OR FOR OR RESONS IDENTIFIED BY CifiEF POLICE TO PROTECT HELTH, SFETY ND WELFRE COMMUNITY. DRUG RELTED FELONY FENSES DOES NOT INCLUDE CONVICTION FOR CTIVITY LLOWED UNDER MICHIGN MEDICL MRIHUN CT, EVEN IF CTIVITY OCCURRED ENCTMENT MICHIGN MEDICL MRIHUN CT. (3) PPLICNT SHLL SUBMIT N FFIDVIT PROPERTY OWNER DECLRING THT OWNER IS WRE PROPOSED. FFIDVIT FORM WILL BE PROVIDED BY DEPRTMENT PLNNING ND (4) PPLICNT SHLL SUBMIT TX CLERNCE FORM DEMONSTRTING THT CITY TXES RE CURRENT. FORM WILL BE PROVIDED BY DEPRTMENT PLNNING ND (5) PPLICNT SHLL OBTIN SPECIL REGULTED USE PERMIT PPLYING FOR LICENSE, ND SUBMIT PERMIT LONG WITH PPLICTION. (6) NON-REFUNDBLE FEE TO SUBMIT N PPLICTION FOR LICENSE SHLL BE $ (7) NNUL FEE FOR LICENSE SHLL BE $5, (WITH PPLICTION FEE DEDUCTED FROM. THT MOUNT). (8) LICENSE IS VLID ONLY FOR LOCTION IDENTIFIED ON LICENSE ND CNNOT BE TRNSFERRED NOR TO LOCTION WITHIN WITHOUT CITY NEW PPLICTION. (9) COMPLINCE PPLICBLE ENFORCED, CONDITION MINTENNCE LICENSE. WITH LWS, IS LL S (10) ECH DY THT PERSON SHLL CONDUCT WITHOUT LICENSE

3 SHLL CONSTITUTE SEPRTE FENSE. (D) NO PERSON SHLL CT S N EMPLOYEE OR VOLUNTEER WITHOUT HVING SECURED CENTER EMPLOYEE LICENSE ISSUED BY DEPRTMENT PLNNING ND (1) EMPLOYEE LICENSE PPLICTION SHLL BE MDE NNULLY ON FORMS PROVIDED BY DEPRTMENT PLNNING ND DEVELOPMENT WHICH SHLL INCLUDE DDRESS, ND FULL LEGL NME, DTE BIRTH, ND DRIVER LICENSE OR STTE IDENTIFICTION NUMBER PPLICNT. PPLICNT SHLL LSO SUBMIT PRO THT Y RE T LEST EIGHTEEN YERS OLD ND STTE WHER Y HVE BEEN CONVICTED NY ILLEGL DRUGS, OR FOR OR RESONS IDENTIFIED BY CHIEF POLICE TO PROTECT HELTH, SFETY ND WELFRE COMMUNITY. DRUG RELTED FELONY FENSES DOES NOT INCLIThE CONVICTION FOR CTIVITY LLOWED UNDER MICHIGN MEDICL MRIHUN CT, EVEN IF CTIVITY OCCURRED ENCTMENT MICHIGN MEDICL MRIHUN CT. (2) CHIEF POLICE SHLL CONDUCT CRIMINL BCKGROUND CHECK PPLICNT, ND EMPLOYEE LICENSE SHLL NOT BE ISSUED TO NY PERSON WHO HS BEEN CONVICTED NY ILLEGL DRUGS, OR FOR OR RESONS IDENTIFIED BY CHIEF POLICE TO PROTECT HELTH, SFETY ND WELFRE COMMUNITY. DRUG RELTED FELONY FENSES DOES NOT INCLUI)E CONVICTION FOR CTIVITY LLOWED UNDER MICHIGN MEDICL MRIHUN CT, EVEN IF CTIVITY OCCURRED ENCTMENT. MICHIGN MEDICL MRIHUN CT. (3) NON-REFUNDBLE NNUL EMPLOYEE LICENSE PPLICTION FEE SHLL BE $ (4) LICENSE IS VLID ONLY FOR LOCTION IDENTIFIED ON LICENSE ND CNNOT BE TRNSFERRED TO

4 NOR LOCTION WITHIN CITY WITHOUT NEW PPLICTION. (5) COMPLINCE WITH PPLICBLE LWS, ENFORCED, IS CONDITION MINTENNCE LICENSE. LL S (6) ECH DY THT PERSON SHLL WORK S N EMPLOYEE WITHOUT LICENSE SHLL CONSTITUTE SEPRTE FENSE. (E) FOLLOWING DDITIONL STNDRI~S SHLL PPLY TO S: (1) LL MEDICL MRIHUN CONTINED SHLL WITHIN BE N ENCLOSED, LOCKED FCILITY, INCCESSIBLE ON LL SIDES ND EQUIPPED WITH LOCKS THT PERMIT CCESS ONLY BY LICENSED EMPLOYEE. (2) LL TRNSFERS ND DELIVERIES MEDICL MRIHUN MUST OCCUR WITHIN STRUCTURE. (3) S SHLL BE LIMITED TO OPERTING BETWEEN 8:00.M. ND 7:00 P.M. MONDY THROUGH STURDY ND 12:00 NOON ND 6:00 P.M. SUNDY. (4) PERSONS UNDER GE EIGHTEEN YERS GE RE NOT PERMUTED TO BE ON PREMISES NY UNLESS Y POSSESS VLID REGISTRY CRD ND PRENT OR LEGL GURDIN. (5) MRIHUN SHLL NOT BE SMOKED, ETEN, OR ORWISE CONSUMED T NY CENTER. (F) N INSPECTION BUILDING OUT WHICH OPERTES SMLL BE REQUIRED EVERY YER. INSPECTION FEE SHLL BE ESTBLISHED BY RESOLUTION CITY COUNCIL. (G) EVERY CENTER SHLL PROVIDE IMMEDITE CCESS TO PREMISES WHERE BUSINESS IS CONDUCTED OR PROPERTY IS STORED, TO NY POLICE FICER, BUILDING INSPECTOR OR FIRE MRSHL, WITHOUT WRRNT, DURING REGULR HOURS BUSINESS, OR T NY TIME CENTER LICENSE HOLDER OR ifis EMPLOYEE OR GENT RE ON PREMISES. (H) NO MORE THN FIFTEEN (15) CREGIVERS MY COLLECTIVELY OPERTE T. (I) MEDICL MRIHUN S OPERTING

5 ON EFFECTIVE DTE THIS ORDINNCE SHLL HVE FORTY- FIVE (45) DYS TO OBTIN LICENSE ND EMPLOYEE LICENSE(S). FTER. THT GRCE PERIOD, LL MEDICL MRIHUN S OPERTING IN CITY FLINT MUST FULLY COMPLY WITH PROVISIONS THIS ORDINNCE. Sec. 2. This ordinance shall become effective thirty (30) days after publication. dopted this day of PPROVED S TO FORM: Petfr M. Bade, Citj~ ttorney VI ENCT REFER FIL c~~c Darnell Earley, Emergency EM SUBMISSION NO.: PRESENTED: EM E 5.Q2.2 O I j ~-0~3- fl4 DOPTED: S:\Ordinance Files\Chapter 12-rticle XXXI (Medical Marihuana Provisioning Centers) MENDED doc