Sturgis City Zoning Code

CHAPTER 38

OFFENSES AND MISCELLANEOUS PROVISIONS

Sec. 38-1. - Penalty.

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction.

(Ord. of 7-25-2001(2), § 4.09)

Sec. 38-2. - Conduct in business parking lots and private businesses.

(a)

Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Business parking lot means any parking lot adjacent to or in the immediate vicinity of any store, restaurant, gasoline station, public or private office building, commercial building, industrial facility, or any other facility which provides free parking during normal business or operating hours for the use and convenience of employees, customers, patrons, guests, or invitees.

Owner means any owner or other person lawfully in charge of a business parking lot, including any person authorized in writing by the owner to exercise rights granted to the owner by law.

Private business premises means any lands or buildings, or any part thereof, owned or occupied by any store, restaurant, office, factory, or any other business, whether for profit or not for profit.

(b)

Penalty. The sanction for a violation of this section is a fine of $100.00.

(c)

Use of business parking lots restricted. No person shall drive any motor vehicle across, through, or into and out of any business parking lot in the city except for the purpose of:

(1)

Parking prior to transacting business at a place of business, attending church services, attending lodge or club activity, attending a promotional event, fair, or parade, shopping, or patronizing a facility open to the public, adjacent to or in the immediate vicinity of a business parking lot;

(2)

Leaving after parking;

(3)

Leaving a passenger;

(4)

Picking up a passenger; or

(5)

Parking while employed at a business in the immediate vicinity.

(d)

Congregating. Except for the permitted purposes stated in subsection (c) of this section, no person shall linger, remain, sit, or stand in any business parking lot or private business premises, or sit in or on a motor vehicle in any business parking lot or private business premises, when prohibited by the owner of a business parking lot or private business premises as expressed by a sign or signs posted on the premises pursuant to subsection (f) of this section, nor shall any person remain in a business parking lot or private business premises after being ordered to leave the parking lot by the owner or by an agent of the owner authorized as such as provided in the definition set forth in subsection (a) of this section.

(e)

Trespassing after hours. No person shall enter by any means or stay on any business parking lot or private business premises at any time if staying on or entering the lot or private business premises is prohibited by the owner, as shown by a sign posted on the premises pursuant to subsection (f) of this section.

(f)

Signs prohibiting trespassing and congregating. The prohibitions set out in subsections (c) through (e) of this section shall be in effect at any business parking lot or private business premises where the owner has posted a sign or signs on the premises as provided in this section.

(1)

With reference to subsections (c) and (d) of this section, each sign shall contain substantially the following language:

NO CONGREGATING OR CRUISING
VIOLATORS WILL BE PROSECUTED

(2)

With reference to subsection (e) of this section, each sign shall contain substantially the following language:

NO PARKING OR TRESPASSING BETWEEN
________ P.M. AND ________ A.M.
VIOLATORS WILL BE PROSECUTED

(g)

Exceptions. The following uses of a business parking lot or private business premises shall not be in violation of this section:

(1)

Entrance by the owner, occupant, or the employees and agents of the owner or occupant.

(2)

Entrance by customers, patrons, suppliers, and other persons having lawful business at the business premises or other facility served by the business parking lot during normal business hours, or when the business or facility is otherwise open to the public.

(3)

Temporary entrance in an emergency.

(4)

Entrance by police officers and city officials in course of duty.

(Code 1969, §§ 134.01—134.06, 134.99; Ord. of 7-25-2001(2), §§ 4.08, 4.09)

Sec. 38-3. - False or fictitious identification or information.

(a)

No person shall in any manner provide, submit or supply any documentation specifying a name, driver's license number, social security number or date of birth which is not the true, accurate and correct name, driver's license number, social security number or date of birth of the bearer of such documentation.

(b)

No person shall in any manner knowingly provide, submit or supply any materially false, forged, fictitious, or misleading verbal or written information to a police officer or police agency.

(c)

Violation of this section is a misdemeanor.

(Code 1969, § 135.01; Ord. of 6-8-2005)

Sec. 38-61. - Retail fraud.

(a)

A person who does any of the following in a store or in its immediate vicinity is guilty of a misdemeanor or civil infraction:

(1)

While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.

(2)

While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.

(3)

With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.

(b)

The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.

(c)

Whoever violates this section shall, upon finding of responsibility for a civil infraction, be fined the sum of $100.00.

(Code 1969, § 137.01; Ord. of 4-27-2016(1))

State Law reference— Similar provisions, MCL 750.356d(4).

Sec. 38-62. - Unlawful tap of water main or water pipe.

Any person or persons who wantonly, willfully, or maliciously and without lawful authority so to do, shall wrongfully draw or permit to be drawn, or shall wrongfully remove, take or carry away any water from any hydrant, water main, water pipe, faucet or from any place within the limits of the city, by means of any device through or from which water may be taken or drawn, shall be guilty of an offense.

(Code 1969, § 130.10)

Sec. 38-63. - Trespass.

It shall be a misdemeanor for any person to:

(1)

Willfully enter upon the lands or premises of another without lawful authority, after having been forbidden to do so by the owner, occupant or agent or servant of the owner or occupant; or to, without lawful authority, refuse to depart therefrom upon being notified to do so by the owner, occupant or agent or servant of the owner or occupant.

(2)

Enter in or remain upon the lands of another without the written consent of the owner, his lessee or agent under any of the following conditions:

The lands are fenced or enclosed and maintained in a manner to exclude intruders.

The lands are posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be two inches and. the signs shall be so spaced as will enable a person to observe not less than one sign at any point of entry upon the lands.

(Code 1969, § 133.01(A))

Sec. 38-64. - Unauthorized entry upon school premises.

No person who is not a regularly enrolled student thereon or teacher or other employee shall enter or remain in any building, or upon the grounds of any school in the city, whether public, private or parochial, for any reason whatever unless such person has received written permission from the principal, or other person designated by the principal, to be in any such public, private or parochial school building, or upon such school grounds.

(Code 1969, § 97.03)

State Law reference— Trespass, MCL 750.546 et seq.

Sec. 38-65. - Trespassing on airport property.

(a)

It shall be unlawful for any person to commit a trespass upon the runways or taxiways of the Kirsch Municipal Airport or its surrounding grounds.

(b)

Without constituting any limitation upon the provision of subsection (a) of this section any of the following acts by any person shall be deemed included as a trespass so that appropriate action may be taken:

(1)

Being present upon any paved or concrete road, runway or taxiway of the Kirsch Municipal Airport on any vehicle, or bicycle or on foot without permission of airport management personnel or proper city employees; provided, however, that this subsection shall not apply to any person on or in an aircraft or going to or from a parked aircraft.

(2)

Being present upon the grounds surrounding the roads, runways, taxiways and buildings of the Kirsch Municipal Airport, or being present in any building of the Kirsch Municipal Airport, including hangers and buildings leased by the city, after having been ordered to leave the Kirsch Municipal Airport by airport management personnel or proper city employees.

(Code 1969, § 130.35)

State Law reference— Trespass, MCL 750.546 et seq.

Sec. 38-66. - Damaging or destroying school property prohibited.

No person shall damage, destroy or deface any public, private or parochial school building, or any building occupied by any public, private or parochial school, or the grounds, outbuildings, fences, trees, playground equipment or other appurtenances or fixtures belonging thereto or located on the grounds thereof.

(Code 1969, § 97.01)

State Law reference— Malicious mischief, MCL 750.377a et seq.

Sec. 38-67. - Posting bills on poles, fences, etc.

No person, without lawful authority so to do, shall in any manner post any bill or bills, any notice or notices or any advertisement or advertisements upon any electric light pole, telephone pole, sidewalk, fence, gate, tree, or upon any part of any building, within the city.

(Code 1969, § 130.20)

Cross reference— Utilities, ch. 62.

Sec. 38-91. - Medical marihuana manufacturing and distribution for primary caregivers and qualifying patients.

(a)

Purpose. It is the purpose of this section to impose specific requirements for those individuals registering with the State of Michigan as "qualifying patients" or "primary caregivers" as those terms are defined in MCL 333.26421, the Michigan Medical Marihuana Act, and to regulate the conduct pursuant thereto in the City of Sturgis, Michigan so as to protect the health, safety and welfare of the general public.

(b)

Definitions. For the purposes of this section, the words and phrases as contained herein shall have the meanings as set forth in MCL 333.26423 and the regulations adopted by the State of Michigan, Department of Community Health, pursuant to authority conferred by Section 5 of Initiated Law 1 of 2008 unless defined otherwise herein.

(1)

Manufacturing as used in this section means the growing/cultivating of medical marihuana.

(2)

Distribution as used in this section means the act of a primary caregiver delivering medical marihuana to a qualifying patient with whom the primary caregiver is associated through the department of public health's registration process.

(3)

School means any property owned or leased by an elementary, parochial, private or secondary school, including buildings, fields, or other property utilized by the school. Elementary, parochial, private and secondary schools are defined as in the City of Sturgis Zoning Code.

(c)

Compliance required. Those individuals within the City of Sturgis, Michigan who are "qualifying patients" or "primary caregivers" as those terms are used in the Michigan Medical Marihuana Act shall comply with the requirements set forth herein.

(d)

Requirements for qualifying patients. A person within the City of Sturgis, Michigan who has been issued and possesses a lawful registry identification card as a qualifying patient as set forth in MCL 333.26421 et seq. shall comply with the following requirements:

(1)

Consumption of marihuana shall not occur in any public place.

(2)

Manufacturing and storage of medical marihuana by a qualifying patient shall only occur at the residence of the qualifying patient or other location permitted by this ordinance and shall only be allowed inside of an enclosed, locked facility which shall be a closet, room, or other closed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient. Such facility shall be under the exclusive control of the qualifying patient through written lease, contract or deed.

(3)

A qualifying patient may also possess on his person and under the qualifying patient's exclusive control an amount of medical marihuana deemed medically necessary to alleviate the condition that gave rise to the qualifying patient's registration with the department of public health.

(4)

If a qualifying patient intends to manufacture and store medical marihuana at a location other than his or her primary residence, the same shall only occur at a location within a manufacturing district as defined by the Zoning Ordinances of the City of Sturgis after first obtaining a special land use permit from the City of Sturgis and shall not be located within 1,000 feet from any school.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the facility at which the proposed use is to be located, and the lot line of the separated use.

(5)

Manufacturing and storage of medical marihuana by a qualifying patient shall occur in one enclosed, locked facility such that manufacturing and storage does not occur in multiple locations.

(6)

All activities including the manufacturing and storage of medical marihuana by a qualifying patient shall occur indoors.

(7)

The qualifying patient'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 odor is detectable outside the property line.

(e)

Requirements for primary caregiver. A person within the City of Sturgis, Michigan who has been issued and possesses a lawful registry identification card as a primary caregiver as set forth in MCL 333.26421 shall comply with the following requirements:

(1)

Manufacturing and storage of medical marihuana shall only be allowed inside of an enclosed, locked facility being a closet, room, or other closed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient. Such facility shall be under the exclusive control, through written lease, contract or deed, in favor of the primary caregiver or the qualifying patient with whom the primary caregiver is associated through the department of public health's registration process.

(2)

Manufacturing and storage of medical marihuana by a primary caregiver shall occur in one enclosed, locked facility such that manufacturing and storage does not occur in multiple locations.

(3)

Under no circumstances shall any third parties other than a qualified patient to whom a primary caregiver is lawfully registered to assist have access to the location where medical marijuana is being manufactured and/or stored.

(4)

The location from which a primary caregiver distributes medical marihuana to a qualifying patient shall be under the exclusive control, through written lease, contract or deed in favor of the primary caregiver.

(5)

Except for manufacturing and storage of medical marihuana that occurs at property under the exclusive control, through written lease, contract or deed in favor of a qualifying patient, a primary caregiver shall only manufacture and store medical marihuana at a location within a manufacturing district as defined by the Zoning Ordinances of the City of Sturgis after first obtaining a special land use permit from the City of Sturgis.

(6)

The location from which a primary caregiver manufactures stores and distributes medical marihuana to a qualifying patient shall not be used by another primary caregiver for any purpose whatsoever.

(7)

Except for manufacturing, storage and distribution that occurs at the primary residence of a qualifying patient as set forth above, the location from which a primary caregiver manufactures, stores and distributes medical marihuana to a qualifying patient shall not be located within 1,000 feet from any school.

(8)

Manufacturing, storage and distribution of medical marihuana shall not occur in connection with or at a location at which any other commodity, product or service is also available and shall only occur as otherwise in compliance with the Zoning Ordinance of the City of Sturgis, Michigan.

(9)

No consumption of medical marihuana shall occur at a primary caregiver's location for manufacturing, storage or distribution or a primary caregiver's legal residence address, unless the primary caregiver is a qualifying patient and then such consumption shall only be by the qualifying patient/primary caregiver.

(10)

Distribution of medical marihuana by a primary caregiver to a qualifying patient shall only occur at the location of manufacturing and storage of medical marihuana or at the residence of the qualifying patient.

(11)

All activities including the manufacturing, storage and distribution of medical marihuana by a primary caregiver shall occur indoors.

(12)

The primary caregiver'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 odor is detectable outside the property line.

(f)

Severability. The invalidity of any clause, sentence, paragraph or part of this ordinance shall not affect the validity of the remaining parts of this section.

(g)

Violations and penalty. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this ordinance shall be punished for each offense, upon conviction of a misdemeanor by a fine of not more than $500.00 and costs of prosecution, or by imprisonment for a period not exceeding 90 days, or by both fine and imprisonment, in the discretion of the court. Each day that a violation is permitted to continue shall constitute a separate offense.

(Ord. of 5-24-2010; Ord. of 2-28-2018(2); Ord. of 1-26-2022)

Sec. 38-92. - Medical marihuana facilities.

(a)

Purpose. The purpose of this section is to exercise the police regulatory powers of the City of Sturgis by licensing and regulating provisioning centers, grower facilities, safety compliance facilities, processor facilities, and secure transporter to the extent permissible under the State of Michigan and to protect the public health, safety and welfare of the residents of the City of Sturgis. It is not the purpose or intent of this section to diminish, abrogate, or restrict the protections for medical use of marihuana found in the Michigan Medical Marihuana Act or City Ordinance Section 38-91.

(b)

Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection. Definitions from section 38-93, when used in this section shall have the meanings ascribed to them in that section when referring to adult use (recreational) marihuana:

(1)

"Applicant", unless specifically stated to mean a state License, means an individual, organization, partnership, company, corporation enterprise, or other entity that applies for a municipal license as well as the person or persons associated with the applicant. For purposes of this definition, an applicant includes a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than ten percent in the applicant, and the following for each type of applicant:

•

For an individual or sole proprietorship: the proprietor and spouse.

•

For a partnership and limited liability partnership: all partners and their spouses.

•

For a limited partnership and limited liability limited partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of ten percent or less and who does not exercise control over or participate in the management of the partnership, and their spouses.

•

For a limited liability company: all members and managers, not including a member holding a direct or indirect ownership interest of ten percent or less and who does not exercise control over or participate in the management of the company, and their spouses.

•

For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of ten percent or less, and their spouses.

•

For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of ten percent or less, and their spouses.

•

For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than ten percent of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.

•

For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.

For purposes of this definition, an applicant does not include:

•

A person who provides financing to an applicant or licensee under a bona fide financing agreement at a reasonable interest rate.

•

A franchisor who grants a franchise to an applicant, provided that the franchisor does not have the right to receive royalties based upon the sale of marihuana or marihuana- infused products by the applicant who is a franchisee. Nothing herein shall be construed to preclude a franchisor from charging an applicant who is a franchisee a fixed fee. As used in this definition, the terms "franchise," "franchisor," and "franchisee" shall have the meanings set forth in section 2 of the Franchise Investment Law, 1974 PA 269, MCL 445.1502.

•

A person receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation.

•

A person receiving reasonable payment under a licensing agreement or contract concerning the licensing of intellectual property including, but not limited to, brands and recipes.

(2)

"Application" means an application for a permit under this section and includes all supplemental documentation attached or required to be attached thereto.

(3)

"Application documents" means the items required as part of an Application submitted to the city prior to them being accepted as complete as provided in subsection (e)(1).

(4)

"Clerk" means the City of Sturgis Clerk or his/her designee.

(5)

"Co-located facility" means marihuana businesses holding two or more types of state operating licenses under the MRTMA and MMFLA operating within a single location.

(6)

"Commercial medical marihuana facility" or "facility" means one of the following:

"Provisioning center," as that term is defined in the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016 ("MMFLA");

ii.

"Processor," as that term is defined in the MMFLA;

iii.

"Secure transporter," as that term is defined in the MMFLA;

iv.

"Grower," including Class A, Class B and Class C, as those terms are defined in the MMFLA;

"Safety compliance facility," as that term is defined in the MMFLA.

(7)

"Department" means the Michigan State Department of Licensing and Regulatory Affairs or any authorized designated Michigan agency authorized to regulate, issue or administer a Michigan license for a commercial medical marihuana facility.

(8)

"License" means a current and valid license for a commercial medical marihuana facility issued by the State of Michigan.

(9)

"Licensee" means a person holding a current and valid Michigan license for a commercial medical marihuana facility.

(10)

"Marihuana" means that term as defined in Section 7106 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106.

(11)

"Michigan Regulation and Taxation of Marihuana Act" or MRTMA means Initiated Law 1 of 2018, MCL 333.27951 et seq.

(12)

"Medical marihuana" means that term as defined in MCL 333.26423.

(13)

"Paraphernalia" means drug paraphernalia as defined in section 7451 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7451, that is or may be used in association with medical marihuana.

(14)

"Patient" means a "registered qualifying patient" or a "visiting qualifying patient" as those terms are defined by MCL 333.26421, et seq.

(15)

"Permit" means a current and valid permit for a commercial medical marihuana facility issued under this ordinance, which shall be granted to a permit holder only for and limited to a specific permitted premises and a specific permitted property. Said permit shall be in addition to the special use permit required to be obtained under the city zoning ordinance.

(16)

"Permit holder" means the person that holds a current and valid permit issued under this section.

(17)

"Permit slot" means an unissued permit available to be issued to an applicant.

(18)

"Permitted premises" means the particular building, buildings, or tenant space within which the permit holder will be authorized to conduct the facility's activities pursuant to the permit.

(19)

"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.

(20)

"Person" means a natural person, company, partnership, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.

(21)

"Premises" means the particular building, buildings, section of land, or tenant space within which a particular use is conducted.

(22)

"Public place" means any area in which the public is invited or generally permitted in the usual course of business.

(23)

"School" means any property owned or leased by an elementary, parochial, private, or secondary school, including buildings, fields, or other property utilized by the school. Elementary, parochial, private and secondary schools are defined as in the City of Sturgis Zoning Code.

(24)

"Stacked permit" means one or more additional Class C grower permits applied for or issued to either a single applicant already requesting an initial Class C grower permit or a single permit holder with at least one Class C Grower permit under this section.

(c)

Permit required; eligibility; general provisions.

(1)

The city hereby authorizes the operation of the following types of commercial medical marihuana facilities:

Growers, Class A.

ii.

Growers, Class B.

iii.

Growers, Class C.

iv.

Processors.

Provisioning centers.

vi.

Safety compliance facilities.

vii.

Secure transporters.

viii.

Co-located facilities as defined in this section.

(2)

The following number of Permits can be issued for each authorized Commercial Medical Marihuana Facility type:

Growers, Class A: Unlimited.

ii.

Growers, Class B: Unlimited.

iii.

Growers, Class C: Unlimited.

iv.

Processors: Unlimited.

Provisioning centers in B-H 1 Zoning District: 3 Permits.

vi.

Provisioning centers in M Zoning District: Unlimited.

vii.

Provisioning centers in all other Districts: 0 Permits.

viii.

Safety compliance facilities: Unlimited.

ix.

Secure transporters: Unlimited.

(3)

No person shall operate a commercial medical marihuana facility at any time or any location within the city unless a currently-effective permit for that person at that location has been issued under this section.

(4)

Commercial medical marihuana facilities shall operate only as allowed under this section.

(5)

The city manager is granted the power to fully and effectively implement and administer the permit application process.

(6)

The requirements set forth in this section shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable federal, state or local laws, regulations, codes or ordinances.

(7)

As specified in this section, each applicant shall pay nonrefundable review fees, application fees, annual fees, renewal fees and inspection fees for permits to the city to defray the costs incurred by the city for inspection, administration and enforcement of the local regulations regarding commercial medical marihuana facilities. The city commission shall by resolution set the fees in an amount not to exceed any limitations imposed by Michigan law. The permit fee requirement shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or city law or ordinance, including, by way of example, any applicable zoning or building permits.

(8)

The city has no obligation to process or approve any incomplete application.

(9)

A permit shall remain valid for one year following removal of all stipulations on an issued permit.

(10)

It is the sole and exclusive responsibility of each permit holder or applicant 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 its city permit.

(11)

No permit issued under this section may be assigned or transferred to another person or entity except as specified in this section. No permit issued under this section is transferrable to any other location except for the permitted premises on the permitted property.

(12)

The original permit issued under this section shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.

(13)

A permit holder may not engage in any other commercial medical marihuana facility 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.

(14)

No permit shall be granted or renewed for a commercial medical marihuana facility in a residence.

(15)

Co-located facilities are subject to state law for multiple uses per premises, subject to the city manager or his designee's determination that such uses are compatible together at that location, are consistent on a shared basis with all the provisions of the MMFLA and each use is consistent with zoning and other provisions of the City Code of Ordinances. If these conditions are met, more than one different marihuana facility may be located on one parcel. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire wall separating any marihuana facility and any adjacent businesses.

(16)

Stacked permit. An applicant that is requesting an initial Class C grower permit or a permit holder that has been issued a Class C grower permit may apply for one or more stacked permits at the same permitted premise subject to all requirements of the MMFLA, administrative rules and local regulations. Each stacked permit is subject to all applicable fees for application and renewal. There are two categories for a stacked permit: Minor or major.

Stacked permit—Minor. A minor stacked permit is one that doesn't require changes to the permitted premise or permitted property and doesn't require changes to the information provided in the original Class C grower application. This permit type does not require an additional special land use permit approved by the planning commission and maybe approved by the zoning administrator.

ii.

Stacked permit—Major. A major permit is one that requires changes to the permitted premise or permitted property and/or has changes to the information provided in the original Class C grower application. This permit type must follow all of the application requirements and approvals.

(d)

Other laws and ordinances. In addition to the terms of the ordinance, any commercial medical marihuana facility shall comply with all city ordinances, including without limitation the city zoning ordinance, and with all other applicable federal, state and local ordinances, laws, codes and regulations. To the extent that the terms of this section are in conflict with the terms of any other applicable federal, state or local ordinances, laws, codes or regulations, the terms of the most restrictive ordinance, law, code or regulation shall control.

(e)

Application for and renewal of permits.

(1)

Application documents. Application documents for a permit for a facility shall be submitted to the zoning administrator, and on or after the effective date of this section shall contain the following information. Information obtained from the applicant is exempt from public disclosure under state law. Upon receipt, review, and approval as outlined in this section of all application documents by city staff, the documents will be considered a complete application.

The name, address, phone number and email address of the applicant and the proposed commercial medical marihuana facility;

ii.

The names, home addresses and personal phone numbers for all applicants and the commercial medical marihuana facility;

iii.

One copy of the following:

Pre-approval for a medical marihuana facility license by the State of Michigan.

For class A, B, or C growers or processors, preapproval from the Sturgis Electric Department of the electric system's ability to deliver the estimated peak capacity (kW) and energy (kWh) of the facility.

All documentation of 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 commercial medical marihuana facility.

If the applicant is a corporation, non-profit organization, limited liability company or any other entity other than a natural person, indicate its legal status, attach a copy of all company formation documents (including amendments), 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 applicants for the proposed facility.

Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.

Application for sign permit, if any sign is proposed.

Non-refundable medical marihuana facility application document review fee.

Business and operations plan, showing in detail the commercial medical marihuana facility's proposed plan of operation, including without limitation, the following:

A description of the type of facility proposed and the anticipated or actual number of employees.

A security plan meeting the requirements of subsection (f)(3) of this section.

A description by category of all products to be sold.

An affidavit indicating the applicant will, prior to applying for a building permit:

Submit a list of material safety data sheets for all nutrients, pesticides, and other chemicals proposed for use in the facility.

Submit a comprehensive report identifying all hazardous materials and processes that will be utilized by the facility. This list must include all cleaning supplies, as well as chemicals used and/or produced either as products or as waste products in the processes at the establishment. The report shall determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation, or use of a building or premises. All hazardous materials and chemicals must be listed as to how to handle the disposal of these materials. The opinion and report shall be prepared by a qualified third person, firm or corporation approved by the city.

Obtain a wastewater discharge permit before connecting to or contributing to the POTW. Refer to City of Sturgis Utilities Code, Subdivision II. Wastewater Discharge Permits, Section 62-191.

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 odor will be detectable from outside of the permitted premises.

A plan for the disposal of marihuana and related byproducts that will be used at the facility.

10)

Whether any 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.

11)

A site plan and interior floor plan of the permitted premises and the permitted property signed and sealed by a Michigan registered architect, or professional engineer. Site plan must include distance between the permitted premises and all applicable buffered uses identified in subsection (f)(5) of this section, unless those uses are greater than 1,500 feet from the permitted premises.

12)

The amount of water usage estimated for the facility, including the estimated average gallons per day and peak gallons per minute as well as estimated needs for fire suppression, if applicable.

13)

Information regarding any other commercial medical marihuana facility or adult use recreational marihuana establishment that the applicant or any of the applicant's owners directors, officers or managers is authorized to operate in any other jurisdiction within the state, or another state, and their involvement in each marihuana establishment or medical marihuana facility.

iv.

Any other information reasonably requested by the city to be relevant to the processing or consideration of the application.

(2)

Review of application documents. All application documents submitted by a potential applicant will be reviewed by city staff for completeness with the requirements of subsection (e)(1) of this section before being considered a complete application. All application documents will be stamped or otherwise identified by city staff at the date and time they are submitted by a potential applicant. Application documents will be reviewed in the order they are received.

City staff has ten business days to review the application documents and determine if they are complete.

ii.

Complete application documents will be accepted as an application under this section and processed. A determination of a complete application shall not prohibit the city from requiring supplemental information at any time during the application process.

iii.

If application documents are found to be incomplete, the prospective applicant will be notified in writing of the deficiencies and given ten business days to correct those deficiencies.

If the deficiencies are corrected within the ten business days, the application documents will be considered complete and accepted as an application under this section.

If deficiencies are not corrected within the ten business days, the application documents will be returned to the prospective applicant. If the prospective applicant wishes to re-submit application documents, they must be re-submitted in their entirety with a new application document review fee. This re-submission will be considered a new set of application documents and will be date and time stamped for processing order at the date and time they are re-submitted.

(3)

Processing and review of applications.

An application will be held for processing until a permit slot is available for the facility type specified on the application.

ii.

An application will be considered for a permit slot in the order that its application documents were submitted.

iii.

When a permit slot is available for an application, the applicant will be notified and will be given five business days to pay the medical marihuana facility application fee. The medical marihuana facility application document review fee will be applied to the cost of the medical marihuana facility application fee. If an applicant does not pay the fee within the time allotted, the next application in order will be issued the permit slot, and the first application will be returned to the list of completed applications as first in line for the next permit slot.

iv.

Upon payment of the medical marihuana facility application fee by an applicant with an application issued a permit slot, the zoning administrator shall refer a copy of the application to the department head or designated staff person of the following for their review and approval: the police department, the fire department, the wastewater treatment department, the city engineer, the electric department, the building department, the zoning department, and any other applicable departments.

In order for a medical marihuana facility application to be approved, all of the following conditions must be met:

The applicant has passed a criminal background check conducted by the City of Sturgis Police Department.

The wastewater treatment department has completed a preliminary review of the plan submitted.

The engineering department has confirmed that the necessary amount of water for the facility is available and completed a preliminary review of the plan submitted.

The electric department has reviewed all provided plans to ensure conformity with their previously supplied determination on the ability to supply the proposed facility and general site requirements.

The zoning department has confirmed that the proposed location complies with the buffer requirements, and a preliminary review of the plan submitted.

A special land use permit application has been submitted, permit fees have been paid, and the special land use permit has been approved by the planning commission.

The applicant must not have, within the past five years, conviction of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or having been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state.

The applicant has not knowingly submitted an application for a state license that contains false, misleading or fraudulent information, or has not intentionally omitted pertinent information on the application for a permit.

vi.

Following review by city departments and prior to approval of a special land use permit, if deficiencies are found in the application, the applicant is notified in writing of the areas of deficiency and given 30 days to correct those deficiencies. If the deficiencies are considered by city staff to be corrected, the applicant's special land use permit will be considered by the planning commission. If the deficiencies are not considered to be corrected within the 30 day time period, the application will be denied.

vii.

All inspections, review and processing of the application shall be completed within 90 days of payment of the medical marihuana facility application fee or within 120 days if the location of the permitted premises is proposed to be amended from an existing permitted location. The processing time may be extended upon written notice by the city for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit.

viii.

If all conditions of this section have been met, the city clerk shall issue the permit to the applicant.

All permits issued have the following stipulations:

Issuance of license qualification by the State of Michigan for the permit holder under state law and the City of Sturgis receiving a copy of that license qualification prior to occupancy.

Issuance of final occupancy of the permitted premises by the community development department. All construction must be in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations.

For processors and Class A, B, and C growers proposing to connect to or to contribute to the POTW, a wastewater discharge permit. Refer to City of Sturgis Code of Ordinances Section 62-191.

Issuance of final approval by the State of Michigan and the City of Sturgis receiving a copy of the final approval prior to the business opening.

A permit holder has one year from the date of issuance to meet all stipulations of the permit. If all stipulations are not met in this timeframe, the permit is revoked and considered denied. A permit holder may request an extension up to six months to this timeframe, which may be granted by the city clerk.

If a permit holder has been issued an extension, a building permit has been issued for the permitted premise and construction is ongoing or completed, but they have not satisfied all the stipulations of the permit, the permit holder may apply for an extension request with the city commission.

ix.

If a permit is denied, the denial must be in writing and must state the reason(s) for denial.

Applications which are denied will not be refunded the medical marihuana facilities application fee.

Upon denial of the application, the permit slot is considered open and the next application in line is given the permit slot.

If the applicant of a denied application chooses to re-submit, this re-submission will be considered a new set of application documents and will be date and time stamped for processing order at the date and time they are re-submitted. A new medical marihuana application document review fee and all other subsequent fees will be required.

Denial of an application or non-renewal of a permit may be appealed to the city manager who will set a date and time within ten business days to conduct a hearing where the applicant can be heard. The city manager may uphold the denial, reverse the denial, or take such other action deemed appropriate. Appeals from the final determination of the city may be taken to a court of competent jurisdiction; during appeal, another applicant for a municipal license slot may be considered by the city.

(4)

Renewal application. Renewal applications shall require city approval.

Renewal applications for a medical marihuana facility maintaining the location of the permitted premises shall be received by the zoning administrator not less than 90 days prior to the expiration of the annual permit. Renewal applications for a medical marihuana facility requesting a change in the location of the permitted premises shall be submitted and received not less than 120 days prior to the expiration of the permit.

ii.

A renewal application must follow the same approval process as all new applications with the exception of the following:

A permit holder that submits an application for a renewal permit at a previously permitted premises shall be deemed in compliance with the spacing requirements set forth in subsection (f)(5) of this section.

For any information required as part of the application process that has not changed, the permit holder may submit an affidavit of no changes in place of the information when submitting a renewal application. If any of the items requested in the application process has changed, such items must be submitted as required in this section.

A permit holder, as a stipulation of a renewal permit issued by the city, must provide proof of having submitted a license renewal application no later than 30 days after expiration of their state license. Once a renewed state license has been granted, a copy must be provided to the City of Sturgis.

A renewal permit issued by the city takes effect on the date of expiration of the original permit issued and the permit holder has one year from that date until renewal is again required.

iii.

A permit holder whose permit expires and for which a complete renewal application has not been received by the expiration date shall be deemed to have forfeited the permit under this section. They will be considered denied and their permit slot will be issued to the next application in line. The city will not accept renewal applications after the expiration date of the permit.

iv.

A permit holder issued a renewal permit by the city that is either denied a renewal license by the State of Michigan or that does not meet all stipulations within six months of the renewal permit being issued will have their permit revoked and considered denied. Their permit slot will be issued to the next application in line.

(5)

Changes to application or permit.

If at any time before or after a permit is issued pursuant to this section, any information required in the permit application, the MMFLA, MRTMA, or any rule of regulation promulgated thereunder, changes in any way from that which is stated in the application, the applicant or permit holder shall supplement such information in writing with ten days from the date upon which such change occurs.

Changes to a new application will be considered a minor or major change as determined by the zoning administrator.

Minor changes include a change to person or persons associated with the applicant, additional MSDS pages being provided, updating power, water or waste water calculations or other similar information. Minor changes will be accepted as part of the application.

Major changes include changing the location of the facility whether it be to a different site or changing the size of any new buildings, a change of facility type, a change of applicant entity, or other similar changes. A major change will result in the application being returned to the applicant. If the applicant wishes to re-submit, the re-submission will be considered a new set of application documents and will be date and time stamped for processing order at the date and time they are re-submitted. Any fees will not be waived.

ii.

An applicant or permit holder has a duty to notify the city in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.

iii.

An applicant or permit holder has a duty to notify the city in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, petty offense, or any violation of a local law 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, any owner, principal officer, director, manager, or employee within ten days of the event.

iv.

A permit may be assigned or transferred only if all of the following are true:

A permit has been issued and all stipulations for that permit have been met, including written final approval by the State of Michigan for State Licensure.

All current permit holders submit an affidavit approving the transfer.

The person(s) or entity proposed to receive the transferred permit submit application documents and are issued a permit transfer approval. Issuance of a permit transfer approval includes the following:

Certification of a completed application as per the process of this section. The applicant may submit an affidavit of no change to the permitted premises to forego the application requirements as it pertains to the permitted premises if no physical changes will be completed as part of the assignment or transfer.

Payment of a permit transfer review fee as set by the city commission.

Review of the application per subsection (e)(3)iv.—vii. If an affidavit of no change to the permitted premises is submitted, review of corresponding information and the requirement for a special land use permit would be considered satisfied.

Issuance or denial of the permit transfer approval will be completed as per subsection (e)(3)viii.—x. Stipulations of viii.1) will be considered met when the applicant has all required licenses or permits in their name. Where an affidavit of no change to the permitted premises has been filed, the stipulation for a required proof of final occupancy will be waived.

Until the permit transfer approval is issued, the existing permit will remain with the current permit holder. Transfer of the permit will not change its date of expiration.

(6)

Expiration of application. If an application has been held waiting for a permit slot for one year, the city will contact the applicant and request in writing confirmation that the application is accurate and that the application should be kept on file. If the applicant asks the application to be removed, or if confirmation in writing is not received in ten business days, the application will be removed from the list of applications and a letter sent to the applicant. If the applicant wishes to re-submit after this point, this re-submission will be considered a new set of application documents and will be date and time stamped for processing order at the date and time they are re-submitted. A new medical marihuana application document review fee will be required.

(f)

Operational requirements—Commercial medical marihuana facilities. A commercial medical marihuana facility issued a permit under this section and operating in the city shall at all times comply with the following operational requirements, which the city may review and amend from time to time as it determines reasonable.

(1)

Scope of operation. Commercial medical marihuana facilities shall comply with all respective applicable codes of the local zoning, building, and health departments. The facility must hold a valid local permit and state commercial medical marihuana facility license for the type of commercial medical marihuana facility intended to be carried out on the permitted property. The facility operator, owner or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.

(2)

Required documentation. Each commercial medical marihuana facility shall be operated from the permitted premises on the permitted property. No commercial medical marihuana facility shall be permitted to operate from a moveable, mobile or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marihuana. No person under the age of 18 shall be allowed to enter into the permitted premises without a parent or legal guardian.

(3)

Security. Permit holders shall at all times maintain a security system that meets state law requirements, and in addition shall also include the following:

Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week and which will contact local law enforcement if triggered;

ii.

A locking safe permanently affixed to the permitted premises that shall store all marihuana and cash remaining in the facility overnight;

iii.

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 premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises; and

iv.

All security recordings and documentations shall be preserved for at least 30 days by the permit holder and made available to any law enforcement upon request for inspection.

(4)

Operating hours. No provisioning center shall operate between the hours of 8:00 p.m. and 8:00 a.m.

(5)

Required spacing. The following spacing requirements for medical marihuana facilities are present:

No commercial medical marihuana facility shall be located within 1,000 feet from any school.

ii.

No provisioning center shall be located within 250 feet from any of the following:

Public park.

Church or house of worship.

City of Sturgis property zoned R-1, R-2, R-3, R-4, or R-5.

Burr Oak Township property zoned R1, R2, or R3.

Fawn River Township property zoned R1, R2, RMH, or RL.

Sherman Township property zoned RR, RP, MDR, WR, or MHC.

Sturgis Township property zoned R1, R2, R3, or MHP.

City dwelling units (as defined in the City of Sturgis Zoning Code) in a zoning district other than listed in (f)(5) ii. 3).

Township dwelling units (as defined in the City of Sturgis Zoning Code) in a zoning district other than listed in (f)(5) ii. 4) through 7) above.

iii.

The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the permitted premises at which the proposed medical marihuana facility is to be located to the nearest point of one of the following:

The lot line of the separated use, when:

A school, public park, church, or house of worship is the only use on the parcel.

A parcel is zoned in one of the districts listed in subsections (f)(5) ii. 3) through 7).

The premises of the separated use, when:

A school, public park, church, or house of worship is one of multiple uses on the parcel.

Measuring from (f)(5) ii. 8) or 9).

iv.

Spacing requirements become effective upon issuance of a municipal license or medical marihuana permit whether conditional or not.

(6)

Amount of marihuana. The amount of marihuana on the permitted property and under the control of the permit holder, owner or operator of the facility shall not exceed that amount permitted by the state license or the city's permit.

(7)

Sale of marihuana. The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law. The facility is prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the internet.

(8)

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," "marijuana," "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. Permit holders shall not advertise in a way that is inconsistent with the provisions of the MMFLA, LARA rules, or the City of Sturgis Zoning Ordinance.

(9)

Use of marihuana. 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.

(10)

Indoor operation. All activities of commercial medical marihuana facilities, 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 facility'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 odor is detectable outside the permitted premises.

(11)

Unpermitted growing. A patient or licensed caregiver may not grow his or her own marihuana at a commercial medical marihuana facility.

(12)

Distribution. No person operating a facility shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.

(13)

Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.

(14)

Waste disposal. The permit holder, owner and operator of the Facility shall use lawful methods in controlling waste or by-products from any activities allowed under the license or permit. All waste or by-products stored must be contained in a dumpster that is locked or located within a locked enclosure.

(15)

Proof of insurance. A permit holder shall at all times maintain full force and effect for duration of the license, worker's compensation insurance as required by state law, and general liability insurance with minimum limits of $1,000,000.00 per occurrence and a $2,000,000.00 aggregate limit issued from a company licensed to do business in Michigan. A permit holder shall provide proof of insurance to the city clerk in the form of a certificate of insurance evidencing the existence of a valid and effective policy which discloses the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, the policy number, and the names of the additional insureds. The policy shall name the City of Sturgis and its officials and employees as additional insureds to the limits required by this subsection. A licensee or its insurance broker shall notify the city of any cancellation or reduction in coverage within seven days of receipt of insurer's notification to that effect. The licensee, permittee, or lessee shall forthwith obtain and submit proof of substitute insurance to the city clerk within five business days in the event of expiration or cancellation of coverage.

(16)

Transportation.

Marihuana may be transported by a secure transporter within the city under this section, and to effectuate its purpose, only:

By persons who are otherwise authorized by state law to possess marihuana for medical purposes;

In a manner consistent with all applicable state laws and rules, as amended; and

In a secure manner designed to prevent the loss of marihuana.

ii.

No vehicle used for the transportation or delivery of marihuana under this section shall have for markings the words "marihuana", "marijuana" or "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.

iii.

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.

(17)

Additional conditions. The city may impose such reasonable terms and conditions on a commercial medical marihuana facility special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this section and applicable law.

(g)

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:

(1)

Violations of the provisions of this section or failure to comply with any of the requirements of this section shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined no more than $500.00 dollars, or imprisoned for not more than 90 days, or both, and, in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense.

(2)

Violations of the provisions of this section or failure to comply with any of the requirements of this section shall constitute a civil infraction. The fine for any civil infraction shall be $5,000.00 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 civil infraction.

(3)

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) directly above, except as excluded from responsibility by state law.

(4)

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 section. The rights and remedies provided herein are both civil and criminal in nature. The imposition of any fine, jail sentence or forfeiture shall not exempt the violator from compliance with the provisions of this section.

(h)

City liability and indemnification.

(1)

By accepting a permit issued pursuant to this section, the permit holder waives and releases the city, its officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of medical marihuana facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(2)

By accepting a permit issued pursuant to this section, all permit holders agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of bodily injury, sickness, disease, death, property loss or damage or any other loss of any kind, including but not limited to, any claim of diminution of property value by a property owner whose property is located in proximity to a permitted property, arising out of, claimed to have arisen out of, or in any manner connected with the operation of a marihuana establishment or use of a product cultivated, processed, distributed or sold that is subject to the permit, or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Section 1964(c) or any other alleged violation of the law

(3)

By accepting a permit issued pursuant to this section, a permit holder agrees to indemnify, defend and hold harmless the city, its officers, elected officials, employees and insurers, against all liability, claims, penalties, or demands arising on account of any alleged violation of any existing law including the federal Controlled Substances Act, 21 U.S.C. Section 801 et seq. or Chapter 7 of the Michigan Public Health Code, MCL 333.7101 et seq.

(i)

Permit as revocable privilege. A permit granted by this section is a revocable privilege granted by the city and is not a property right. Granting a permit does not create or vest any right, title, franchise, or other property interest. Each permit is exclusive to the permit holder, and a permit holder or any other person must apply for and receive the city's approval before a permit is transferred, sold, or purchased. A permit holder or any other person shall not lease, pledge, or borrow or loan money against a permit. The attempted transfer, sale, or other conveyance of an interest in a permit without prior state and local approval is grounds for suspension or revocation of the permit or for other sanction considered appropriate by the city.

(j)

Nonrenewal, suspension or revocation of permit. The city may, after notice and hearing as provided in subsection (e)(3)x of this section, suspend, revoke, or refuse to renew a permit for any of the following reasons:

(1)

The applicant or permit holder, or his or her agent, manager or employee, has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this section or with any applicable state or local law or regulation;

(2)

The applicant or permit holder, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its permit pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the permit and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the permit.

(3)

The medical marihuana facility has been operated in a manner that adversely affects the public health, safety or welfare.

Evidence to support a finding under this subsection may include, without limitation, a continuing pattern of conduct, a continuing pattern of drug-related criminal conduct within the premises of the medical marihuana facility or in the immediate area surrounding such facility, a continuing pattern of criminal conduct directly related to or arising from the operation of the facility, or an ongoing nuisance condition emanating from or caused by the facility. Criminal conduct shall be limited to the violation of a state law or regulation or city ordinance.

(k)

Authorization to inspect, search and examine. A medical marihuana facility and all articles of property in the facility are subject to inspection, search and examination at any time by a member of the Sturgis Police Department, the department of state police, or the Sturgis Building Department and the application for a permit constitutes consent by the applicant, and all owners, managers, and employees of the marihuana establishment, and the owner of the property to permit the city manager to conduct routine examination and inspection of the marihuana establishment to ensure compliance with this section or any other applicable law, rule, or regulation without a search warrant and consent to seizure of any surveillance records, camera recordings, reports, or other materials required as a condition of a municipal license without a search warrant.

(l)

Severability. The provisions of this section are hereby declared severable. If any part of this section 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.

(Ord. of 9-12-2018(1); Ord. No. 12-12-2018(1); Ord. of 3-13-2019; Ord. of 12-18-2019(1), eff. 1-10-2020; Ord. of 4-28-2021)

Sec. 38-93. - Adult use marihuana establishments.

(a)

Purpose. The purpose of this section is to implement the provisions of the Michigan Regulation and Taxation of Marihuana Act, Prop 1 of 2018, so as to protect the public health, safety, and welfare of the residents of the city by setting forth the manner in which recreational marihuana establishments can be operated in the city. Further, the purpose of this section is to:

(1)

Provide a means to regulate and control the commercial production and distribution of marihuana, the lawful production of related products as set forth in, and for purposes of implementing, the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq. (hereafter referred to as the "MRTMA" or the "Act");

(2)

Protect public health and safety through reasonable limitations on marihuana commercial entity operations, and limitations upon other marihuana-related activities provided for by the MRTMA, as they relate to noise, air and water quality, neighborhood safety, security for the establishment and its personnel, and other health and safety concerns;

(3)

Impose fees to defray and recover the costs to the city of the administrative and enforcement costs associated with marihuana establishments, and municipally-licensed marihuana activities as provided for in the MRTMA;

(4)

Coordinate with laws and regulations that may be enacted by the state addressing marihuana, including but not limited to the Department of Licensing and Regulatory Affairs Marihuana Regulatory Agency Adult—Use Marihuana Establishments Emergency Rules (LARA Rules), as amended from time to time;

(5)

To restrict the issuance of marihuana establishment municipal licenses only to individuals and entities that have demonstrated an intent and ability to comply with this section, and with state law and regulation, without monitoring by city officials;

(6)

Recognize that regulations for marihuana may not be adequate at the state level to address the impacts on the city of the commercialization of marihuana, making it appropriate for local regulation of the impact of marihuana establishments;

(7)

Recognize that nothing in this section is intended to promote or condone the production, distribution, sale or possession of marihuana in violation of any applicable law;

(8)

Recognize that this section is to be construed to protect the public over marihuana establishment interests. Operation of a marihuana establishment is a revocable privilege and not a right in the city. There is no property right for an individual or establishment to engage or obtain a municipal license to engage in marihuana as a commercial enterprise in the city;

(9)

To make it known that because marihuana is a heavily regulated industry in the city, all municipal license holders are assumed to be fully aware of the law; the city shall not therefore be required to issue warning before issuing citations for violation of this section; and

(10)

Recognize that as of the effective date of this section, marihuana is classified as a Schedule 1 controlled substance under federal law which makes it unlawful to manufacture, distribute, cultivate, produce, possess, dispense or transport marihuana. Nothing in this section is intended to grant immunity from any criminal prosecution under federal law.

(b)

Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection (and section 38-92 when medical marihuana definitions are indicated by the word "medical"):

(1)

Administrative rules means the administrative rules promulgated by the marijuana regulatory agency or their successor organizations under the authority of the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, the Marihuana Tracking Act, the Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization Order No.2019-2, MCL 333.27001.

(2)

•

For an individual or sole proprietorship: the proprietor and spouse.

•

For a partnership and limited liability partnership: all partners and their spouses.

•

For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.

For purposes of this definition, an applicant does not include:

•

A person who provides financing to an applicant or licensee under a bona fide financing agreement at a reasonable interest rate.

•

A person receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation.

•

A person receiving reasonable payment under a licensing agreement or contract concerning the licensing of intellectual property including, but not limited to, brands and recipes.

(3)

"Application" means an application for a municipal license under this section and includes all supplemental documentation attached or required to be attached thereto.

(4)

"Application documents" means the items required as part of an application submitted to the city prior to them being accepted as complete as provided in subsection (e)(1).

(5)

"Board" means the marihuana licensing board, as anticipated by the MRTMA to be created at LARA in order to regulate and administer state licenses.

(6)

"Clerk" means the City of Sturgis Clerk or his/her designee.

(7)

"Co-located facility or co-location" means marihuana businesses holding two or more types of state operating licenses under the MRTMA and MMFLA operating within a single location.

(8)

"Cultivate or cultivation" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.

(9)

(10)

"Designated consumption establishment" means a commercial space that is licensed by the agency and authorized to permit adults 21 years of age and older to consume marihuana products at the location indicated on the state license.

(11)

"Excess marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. Excess marihuana grower license shall only be issued to a person holding five Class C marihuana grower licenses and at least two Class C medical marihuana grower licenses.

(12)

"Grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.

(13)

"License" means a current and valid license for marihuana establishment issued by the State of Michigan.

(14)

"Licensee" means a person holding a current and valid Michigan license for a marihuana establishment.

(15)

"Marihuana" means that term as defined in Section 3 of the MRTMA, MCL 333.27953.

(16)

"Marihuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for us in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.

(17)

"Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.

(18)

"Marihuana establishment" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, marihuana designated consumption establishment, or any other type of marihuana-related business licensed by the department pursuant to MCL 333.27951.

(19)

"Marihuana event organizer" means a person licensed to apply for a temporary marihuana event license under these rules.

(20)

"Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.

(21)

"Marihuana microbusiness" means a person 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.

(22)

"Marihuana processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

(23)

"Marihuana retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

(24)

"Michigan Medical Marihuana Act" or MMMA means 2008 IL 1, MCL 333.26421 et seq., as may be amended.

(25)

"Michigan Marihuana Facilities Licensing Act" or MMFLA means Public Act 281 of 2016, MCL 333.27101 et seq. as may be amended.

(26)

"Michigan Marihuana Tracking Act" means Public Act 282 of 2016, MCL 333.27901 et seq. as may be amended.

(27)

"Municipal license" means a current and valid license for a marihuana establishment issued under this section, which shall be granted to a municipal license holder only for and limited to a specific municipally-licensed premises and a specific municipally-licensed property. Said municipal license shall be in addition to the special use permit required to be obtained pursuant to the city zoning ordinance.

(28)

"Municipal license holder" means the an individual, organization, partnership, company, corporation enterprise, or other entity that holds a current and valid municipal license issued under this section as well as the person or persons associated with the municipal license holder as applicant(s) for that municipal license.

(29)

"Municipal license slot" means an unissued permit available to be issued to an applicant.

(30)

"Municipally-licensed premises" means the particular building, buildings, or tenant space within which the municipal license holder will be authorized to conduct the facility's activities pursuant to the municipal license.

(31)

"Municipally-licensed property" means the real property comprised of a lot, parcel or other designated unit of real property upon which the municipally-licensed premises is situated.

(32)

"Person" means a natural person, company, partnership, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.

(33)

"Premises" means the particular building, buildings, section of land, or tenant space within which a particular use is conducted.

(34)

"Public place" means any area in which the public is invited or generally permitted in the usual course of business.

(35)

"Rules" means rules promulgated by the department in consultation with the board to implement this Act, including the LARA Rules as may be amended.

(36)

"Safety compliance establishment" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.

(37)

(38)

"Secure transporter" means a person licensed to obtain marihuana form marihuana establishments in order to transport marihuana to marihuana establishments.

(39)

"Stacked license" means one or more additional Class C grower or excess marihuana grower licenses applied for or issued to either a single Applicant already requesting an initial Class C grower or excess marihuana grower license or a single municipal license holder with at least one Class C marihuana grower or excess marihuana grower license under this section.

(40)

"State operating license" or, unless the context requires a different meaning, "license", means a license issued by the department that allows a person to operate a marihuana establishment.

(41)

"Temporary marihuana event license" means a state license held by a marihuana event organizer for an event where the onsite sale or consumption of marihuana products, or both, are authorized at the location indicated on the state license during the dates indicated on the state license.

(42)

"Window" means the time period set by the city manager to receive applications for evaluation by the competitive process as specified in this section.

(c)

Municipal license required; eligibility; general provisions.

(1)

The city hereby authorizes the operation of the following types of marihuana establishments:

Growers, Class A.

ii.

Growers, Class B.

iii.

Growers, Class C.

iv.

Excess marihuana grower.

Processors.

vi.

Retailer.

vii.

Safety compliance facilities.

viii.

Secure transporters.

ix.

Marihuana microbusiness.

Co-located facilities as defined in this section.

(2)

The following number of municipal licenses can be issued for each authorized marihuana establishment type:

Growers, Class A: Unlimited.

ii.

Growers, Class B: Unlimited.

iii.

Growers, Class C: Unlimited, subject to subsection (c)(17) of this section.

iv.

Excess marihuana growers: Unlimited, subject to subsection (c)(17) of this section.

Processors: Unlimited.

vi.

Retailers in B-H 1 zoning district: 3 Municipal licenses.

vii.

Retailers in M zoning district: Unlimited.

viii.

Retailers in all other districts: 0 Municipal licenses.

ix.

Safety compliance facilities: Unlimited.

Secure transporters: Unlimited.

xi.

Marihuana microbusiness in M zoning district: Unlimited.

xii.

Marihuana microbusiness in all other districts: 0 Municipal licenses.

(3)

No person shall operate a marihuana establishment at any time or any location within the city unless a currently effective municipal license for that person at that location has been issued under this section.

(4)

Unless authorized in section (c)(1) of this section, no marihuana establishments are allowed nor shall a municipal license be considered or granted for those activities and facilities defined as a "special license" being a state license described under the MRTMA or the administrative rules.

(5)

Marihuana establishments shall operate only as allowed under this section.

(6)

The city manager is granted the power to fully and effectively implement and administer the municipal license application process.

(7)

The requirements set forth in this section shall be in addition to, and not in lieu of, any other licensing or municipal licensing requirements imposed by applicable federal, state or local laws, regulations, codes or ordinances.

(8)

As specified in this section, each applicant shall pay nonrefundable review fees, application fees, annual fees, renewal fees and inspection fees for municipal licenses to the city to defray the costs incurred by the city for inspection, administration and enforcement of the local regulations regarding marihuana establishments. The city commission shall by resolution set the fees in an amount not to exceed any limitations imposed by Michigan law. The municipal license fee requirement shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or city law or ordinance, including, by way of example, any applicable zoning or building permits.

(9)

The city has no obligation to process or approve any incomplete application.

(10)

A municipal license shall remain valid for one year following removal of all stipulations on an issued municipal license.

(11)

It is the sole and exclusive responsibility of each municipal license holder or applicant 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 its city municipal license.

(12)

No municipal license issued under this section may be assigned or transferred to another person or entity except as specified in this section. No municipal license issued under this section is transferrable to any other location except for the municipally-licensed premises on the municipally-licensed property.

(13)

The original municipal license issued under this section shall be prominently displayed at the municipally-licensed premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.

(14)

A municipal license holder may not engage in any other marihuana establishment in the municipally-licensed premises or on the municipally-licensed property, or in its name at any other location within the city, without first obtaining a separate municipal license.

(15)

No municipal license shall be granted or renewed for a marihuana establishment in a residence.

(16)

Co-located facilities are subject to state law for multiple uses per premises, subject to the city manager or his designee's determination that such uses are compatible together at that location, are consistent on a shared basis with all the provisions of the MRTMA and each use is consistent with zoning and other provisions of the City Code of Ordinances. If these conditions are met, more than one business may be located on one parcel. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire barrier separating any marihuana establishment and any adjacent businesses.

(17)

Stacked license. An applicant or municipal license holder that is requesting an initial or has been issued a Class C grower license or excess marihuana grower license may apply for one or more stacked licenses at the same municipally licensed premise subject to all requirements of the MRTMA, administrative rules and local regulations. Each stacked license is subject to all applicable fees for application and renewal. No applicant shall be issued more than a total of five of the following licenses in any combination at the same licensed premises: Class C grower licenses, stacked licenses or excess marihuana grower licenses.

There are two categories for a stacked license: Minor or major.

Stacked license-minor. A minor stacked license is one that does not require changes to the municipally licensed premise or municipally licensed property and does not require changes to the information provided in the original Class C grower or excess marihuana grower application. This license type does not require an additional special land use approved by the planning commission and may be approved by the zoning administrator.

ii.

Stacked license-major. A major license is one that requires changes to the municipally licensed premise or municipally licensed property and/or has changes to the information provided in the original Class C grower or excess marihuana grower application. This license type must follow all of the application requirements and approvals.

(d)

Other laws and ordinances. In addition to the terms of the ordinance, any marihuana establishment shall comply with all city ordinances, including without limitation the city zoning ordinance, and with all other applicable state and local ordinances, laws, codes and regulations.

(e)

Application for and renewal of municipal license.

(1)

Application documents. Application documents for a municipal license for a marihuana establishment shall be submitted to the zoning administrator, and on or after the effective date of this section shall contain the following information. Information obtained from the applicant is exempt from public disclosure under state law. Upon receipt, review, and approval as outlined in this section of all application documents by city staff, the documents will be considered a complete application.

The name, address, phone number and email address of the applicant and the proposed marihuana establishment;

ii.

The names, home addresses and personal phone numbers for all applicants and the marihuana establishment;

iii.

One copy of the following:

Pre-approval for a marihuana establishment license by the State of Michigan.

For Class A, B, or C growers, excess marihuana growers, processors or microbusinesses, a preapproval from the Sturgis Electric Department of the electric system's ability to deliver the estimated peak capacity (kW) and energy (kWh) of the marihuana establishment.

All documentation of the applicant's valid tenancy, ownership or other legal interest in the proposed municipally-licensed property and municipally-licensed premises. If the applicant is not the owner of the proposed municipally-licensed property and municipally-licensed premises, a notarized statement from the owner of such property authorizing the use of the property for a marihuana establishment.

A valid, unexpired driver's license or state issued ID for all Applicants for the proposed marihuana establishment.

Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.

Application for sign permit, if any sign is proposed.

Non-refundable marihuana establishment application document review 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 marihuana establishment proposed and the anticipated or actual number of employees.

A security plan meeting the requirements of subsection (f)(3) of this section.

A description by category of all products to be sold.

An affidavit indicating the applicant will, prior to applying for a building permit:

Submit a list of material safety data sheets for all nutrients, pesticides, and other chemicals proposed for use in the marihuana establishment.

Submit a comprehensive report identifying all hazardous materials and processes that will be utilized by the marihuana establishment. This list must include all cleaning supplies, as well as chemicals used and/or produced either as products or as waste products in the processes at the establishment. The report shall determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation, or use of a building or premises. All hazardous materials and chemicals must be listed as to how to handle the disposal of these materials. The opinion and report shall be prepared by a qualified third person, firm or corporation approved by the city.

Obtain a wastewater discharge permit before connecting to or contributing to the POTW. Refer to City of Sturgis Utilities Code, Subdivision II. Wastewater Discharge Permits, Section 62-191.

A plan for the disposal of marihuana and related byproducts that will be used at the marihuana establishment.

10)

11)

A site plan and interior floor plan of the municipally-licensed premises and the municipally-licensed property signed and sealed by a Michigan registered architect, or professional engineer. Site plan must include distance between the municipally-licensed premises and all applicable buffered uses identified in subsection (f)(5) of this section, unless those uses are greater than 1,500 ft. from the municipally-licensed premises.

12)

The amount of water usage estimated for the facility, including the estimated average gallons per day and peak gallons per minute as well as estimated needs for fire suppression, if applicable.

13)

Information regarding any other marihuana establishment or medical marihuana facility that the applicant or any of the applicant's owners directors, officers or managers is authorized to operate in any other jurisdiction within the state, or another state, and their involvement in each marihuana establishment or medical marihuana facility.

iv.

Any other information reasonably requested by the city to be relevant to the processing or consideration of the application.

(2)

Review of application documents. Applications must be complete and shall be considered on a competitive basis as required and set forth by MCL 333.27959.4. All application documents submitted by a potential applicant will be reviewed by city staff for completeness with the requirements of subsection (e)(1) of this section before being considered a complete application. All application documents will be stamped or otherwise identified by city staff at the date and time they are submitted by a potential applicant.

City staff has ten business days to review the application documents and determine if they are complete.

ii.

iii.

If application documents are found to be incomplete, the prospective applicant will be notified in writing of the deficiencies and given ten business days to correct those deficiencies.

If the deficiencies are corrected within the ten business days, the application documents will be considered complete and accepted as an application under this section.

(3)

Competitive process per MCL 333.27959.4.

If a marihuana establishment type has a limited number of municipal licenses available to be issued due to a cap imposed herein, the city manager shall open a window. The timing and duration of the window shall be determined by the city manager. If a municipal license is available for a marihuana establishment type limited by cap, the city manager must open a window at least once per calendar year.

ii.

At the end of a window, if the number of applications for a marihuana establishment municipal license for exceeds the number of available municipal licenses, the city shall decide among applications by a competitive process intended to select the applicant(s) who are best suited to operate in compliance with the Act within the city.

iii.

Applications to be included in the competitive process include all those whose application documents were date and time stamped as submitted prior to the end of the window and which were able to be considered complete and accepted as an application.

iv.

The applicants and their applications will be ranked in the order of which is best suited to operate in compliance with the Act within the city as determined by the city manager or his or her designee. This ranking will be used to fill available municipal license slots, starting with the best suited applicant and application, until all available municipal license slots are filled. The competitive criteria to be used shall be as follows:

Review of the applicant's completely submitted, detailed application (including plans which address the provisions of this section and related provisions, such as security, lighting, processing, handling of hazardous waste, site plans, record-keeping, disposal, water/utility, ventilation, odor, etc.), which illustrates the likely success of the proposed business, in harmony with surrounding properties at the proposed site;

Whether the applicant is currently in default/arrears on any taxes or fees otherwise due to the city, has a history of noncompliance or violations with city ordinances or applicable laws, or has been served with any complaint or notice filed by or with any public body regarding the delinquency in the payment of any tax required under federal, state or local law;

Whether the applicant is/was a business operating in the City of Sturgis within the past two years that has demonstrated a commitment to doing business in the city, having contributed to helping the city grow and succeed in a manner harmonious for all residents and property types;

Whether the applicant has a history of criminal conviction/plea, other than as specified by the MRTMA, MCL 333.27958.1.(c);

Whether 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, or has proceedings pending related to such;

Whether the applicant filed, or had filed against it/him/her, a proceeding for bankruptcy or been involved in any formal process to adjust, defer, suspend or otherwise work out payment of a debt in the past seven years;

Whether the applicant already operates a commercial medical marihuana facility at the same location as the proposed adult use marihuana establishment is being proposed to operate (otherwise known as "equivalent licenses" by LARA).

(4)

Processing and review of applications.

An application will be held until a window is established to select the applications to fill an available municipal license slot.

ii.

An application will be considered for a municipal license slot through the competitive process as specified in this section. When an applicant is awarded the municipal license slot through the competitive process, the applicant will be notified and will be given five business days to pay the marihuana establishment application fee. If an applicant does not pay the fee within the time allotted, the next application as ranked by the competitive process during the applicable window will be issued the municipal license slot.

iii.

Upon payment of the marihuana establishment application fee by an applicant, the zoning administrator shall refer a copy of the application to the department head or designated staff person of the following for their review and approval: the police department, the fire department, the wastewater treatment department, the city engineer, the electric department, the building department, the zoning department, and any other applicable departments.

iv.

In order for a marihuana establishment application to be approved and a municipal license to be issued, all of the following conditions must be met:

The applicant has passed a criminal background check conducted by the City of Sturgis Police Department.

The wastewater treatment department has completed a preliminary review of the plan submitted.

The engineering department has confirmed that the necessary amount of water for the marihuana establishment is available and completed preliminary review of the plan submitted.

The electric department has reviewed all provided plans to ensure conformity with their previously supplied determination on the ability to supply the proposed marihuana establishment and general site requirements.

The zoning department has confirmed that the proposed location complies with the buffer requirements, and a preliminary review of the plan submitted.

A special land use permit application has been submitted, permit fees have been paid, and the special land use permit has been approved by the planning commission.

The applicant must not have a conviction of or release from incarceration for a felony under the laws of this state, any other state, or the United States within the past ten years or conviction of a controlled substance-related felony within the past ten (years, except that, consistent with MCL 333.27958.1.(c), a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor.

Other than as set forth in MCL 333.27958.1.(c), within the past five years, conviction of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or having been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state.

The applicant has not knowingly submitted an application for a license that contains false, misleading or fraudulent information, or has not intentionally omitted pertinent information on the application for a municipal license.

vi.

All inspections, review and processing of the application shall be completed within 90 days of payment of the marihuana establishment application fee or within 120 days if the location of the municipally-licensed premises is proposed to be amended from an existing municipally-licensed location. The processing time may be extended upon written notice by the city for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the municipal license.

vii.

If all conditions of this section have been met, the city clerk shall issue the municipal license to the applicant.

All municipal licenses issued have the following stipulations:

Issuance of license qualification by the State of Michigan for the municipal license holder under state law and the City of Sturgis receiving a copy of that license qualification prior to occupancy.

Issuance of final occupancy of the municipally licensed premises by the community development department. All construction must be in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations.

For processors, Class A, B, and C growers, excess marihuana growers and microbusinesses proposing to connect to or to contribute to the POTW, a wastewater discharge permit. Refer to City of Sturgis Code of Ordinances Section 62-191.

Issuance of final approval by the State of Michigan and the City of Sturgis receiving a copy of the final approval prior to the business opening.

A municipal license holder has one year from the date of issuance to meet all stipulations of the municipal license. If all stipulations are not met in this timeframe, the municipal license is revoked and considered denied. A municipal license holder may request an extension up to six months to this timeframe, which may be granted by the city clerk.

If a municipal license holder has been issued an extension, a building permit has been issued for the municipally licensed premise and construction is ongoing or completed, but they have not satisfied all the stipulations of the permit, the permit holder may apply for an extension request with the city commission.

viii.

If a municipal license is denied, the denial must be in writing and must state the reason(s) for denial.

Applications which are denied will not be refunded the marihuana establishment application fee.

If the applicant of a denied application chooses to re-submit, this re-submission will be considered a new set of application documents and will be date and time stamped at the date and time they are re-submitted. A new marihuana establishment application document review fee and all other subsequent fees will be required.

ix.

Upon denial, withdrawal, or failure for any reason of an application within six months of a competitive process being used to rank applicants and their applications as detailed in subsection (e)(3), the available municipal license slot will be awarded to the next best suited applicant and application as determined in that process. However, if more than six months have passed since the last competitive process, a new window must be opened to fill the municipal license slot and all applications will be treated as new submissions.

Denial of an application or non-renewal of a municipal license may be appealed to the city manager who will set a date and time within ten business days to conduct a hearing where the applicant can be heard. The city manager may uphold the denial, reverse the denial, or take such other action deemed appropriate. Appeals from the final determination of the city may be taken to a court of competent jurisdiction; during appeal, another applicant for a municipal license slot may be considered by the city.

(5)

Renewal application. Renewal applications shall require city approval.

Renewal applications for a marihuana establishment maintaining the location of the municipally-licensed premises shall be received by the zoning administrator not less than 90 days prior to the expiration of the annual municipal license. Renewal applications for a marihuana establishment requesting a change in the location of the municipally-licensed premises shall be submitted and received not less than 120 days prior to the expiration of the municipal license.

ii.

A renewal application must follow the same approval process as all new applications with the exception of the following:

A municipal license holder that submits an application for a renewal municipal license at a previously municipally-licensed premises shall be deemed in compliance with the spacing requirements set forth in subsection (f)(5) of this section.

For any information required as part of the application process that has not changed, the municipal license holder may submit an affidavit of no changes in place of the information when submitting a renewal application. If any of the items requested in the application process has changed, such items must be submitted as required in this section.

A municipal license holder, as a stipulation of a renewal municipal license issued by the city, must provide proof of having submitted a license renewal application no later than 30 days after expiration of their state license. Once a renewed state license has been granted, a copy must be provided to the City of Sturgis.

A renewal municipal license issued by the city takes effect on the date of expiration of the original municipal license issued and the municipal license holder has one year from that date until renewal is again required.

iii.

A municipal license holder whose municipal license expires and for which a complete renewal application has not been received by the expiration date shall be deemed to have forfeited the municipal license under this section. They will be considered denied. The city will not accept renewal applications after the expiration date of the municipal license.

iv.

A municipal license holder issued a renewal municipal license by the city that is either denied a renewal license by the State of Michigan or that does not meet all stipulations within six months of the renewal municipal license being issued will have their municipal license revoked and considered denied.

(6)

Changes to application or municipal license.

If at any time before or after a municipal license is issued pursuant to this section, any information required in the municipal license application, the MMFLA, MRTMA, or any rule of regulation promulgated thereunder, changes in any way from that which is stated in the application, the applicant or municipal license holder shall supplement such information in writing within ten days from the date upon which such change occurs.

Changes to a new application, other than as specified in section (e)(6)i.2), will be considered a minor or major change as determined by the zoning administrator.

Minor changes include a change to person or persons associated with the applicant entity, additional MSDS pages being provided, updating power, water or waste water calculations or other similar information. Minor changes will be accepted as part of the application.

Major changes include changing the location of the marihuana establishment whether it be to a different site or changing the size of any new buildings, a change of marihuana establishment type, a change of applicant entity, or other similar changes. A major change will result in the application being returned to the applicant. If the applicant wishes to re-submit, the re-submission will be considered a new set of application documents and will be date and time stamped for processing at the date and time they are re-submitted. Any fees will not be waived.

An applicant or municipal license holder may, prior to the state issuing final approval of their license, request reclassification of a Class C grower license or license application, excess marihuana grower license or license application, or stacked license or license application to one of the other three license types identified in this sub-section.

Reclassification will require a review and approval by the city manager or his designee.

If a municipal license has been issued with stipulations and the reclassification request is approved, a new license reflecting the changes will be issued by the city.

Request for reclassification of a municipal license or license application will require payment of the marihuana establishment application document review fee for each license or application.

ii.

An applicant or municipal license holder has a duty to notify the city in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within ten days of the event.

iii.

An applicant or municipal license holder has a duty to notify the city in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, petty offense, or any violation of a local law 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, any owner, principal officer, director, manager, or employee within ten days of the event.

iv.

A municipal license may be assigned or transferred only if all of the following are true:

A municipal license has been issued and all stipulations for that license have been met, including written final approval by the State of Michigan for state licensure.

All current municipal license holders submit an affidavit approving the transfer.

The person(s) or entity proposed to receive the transferred municipal license submit application documents and are issued a municipal license transfer approval. Issuance of a municipal license transfer approval includes the following:

Certification of a completed application per the process of this section. The applicant may submit an affidavit of no change to the municipally licensed premises to forego the application requirements as it pertains to the municipally licensed premises if no physical changes will be completed as part of the assignment or transfer.

Payment of a license transfer review fee as set by the city commission.

Review of the application per subsection (e)(4)iii.—vi. If an affidavit of no change to the municipally licensed premises is submitted, review of corresponding information and the requirement for a special land use permit would be considered satisfied.

Issuance or denial of the municipal license transfer approval will be completed per subsection (e)(4)vii.—x. Stipulations of vii.1) will be considered met when the applicant has all required licenses or permits in their name. Where an affidavit of no change to the municipally licensed premises has been filed, the stipulation for a required proof of final occupancy will be waived.

Until the municipal license transfer approval is issued, the existing municipal license will remain with the current municipal licensee holder. transfer of the municipal license will not change its date of expiration.

(7)

Expiration of application. If an application has been held waiting for a municipal license window to open for one year, the city will contact the applicant and request in writing confirmation that the application is accurate and that the application should be kept on file. If the applicant asks the application to be removed, or if confirmation in writing is not received in ten business days, the application will be removed from the list of applications and a letter sent to the applicant. If the applicant wishes to re-submit after this point, this re-submission will be considered a new set of application documents and will be date and time stamped for processing order at the date and time they are re-submitted. A new marihuana establishment application document review fee will be required.

(f)

Operational requirements—Marihuana establishments. A marihuana establishment issued a municipal license under this section and operating in the city shall at all times comply with the following operational requirements, which the city may review and amend from time to time as it determines reasonable.

(1)

Scope of operation. Marihuana establishments shall comply with all respective applicable codes of the local zoning, building, and health departments. The marihuana establishment must hold a valid local municipal license and state marihuana establishment license for the type of marihuana establishment intended to be carried out on the municipally-licensed property. The marihuana establishment operator, owner or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.

(2)

Required documentation. Each marihuana establishment shall be operated from the municipally-licensed premises on the municipally-licensed property. No marihuana establishment shall be municipally-licensed to operate from a moveable, mobile or transitory location, except for a municipally-licensed or licensed secure transporter when engaged in the lawful transport of marihuana. No person under the age of 18 shall be allowed to enter into the municipally-licensed premises without a parent or legal guardian.

(3)

Security. Municipal license holders shall at all times maintain a security system that meets state law requirements, and in addition shall also include the following:

Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week and which will contact local law enforcement if triggered.

ii.

A locking safe permanently affixed to the municipally-licensed premises that shall store all marihuana and cash remaining in the marihuana establishment overnight;

iii.

All marihuana in whatever form stored at the municipally-licensed premises shall be kept in a secure manner and shall not be visible from outside the municipally-licensed premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the municipally-licensed premises; and

iv.

All security recordings and documentations shall be preserved for at least 30 days by the municipal license holder and made available to any law enforcement upon request for inspection.

(4)

Operating hours. No retailer or retail portion of a microbusiness shall operate between the hours of 8:00 p.m. and 8:00 a.m.

(5)

Required spacing. The following spacing requirements for marihuana establishments are required:

No marihuana establishment shall be located within 1,000 feet from any school.

ii.

No retailer or microbusiness shall be located within 1,000 feet from any medical marihuana provisioning center or other retailer located on City of Sturgis property zoned B-H 1 unless it is a retailer co-located with a medical marihuana provisioning center on a municipally-licensed and permitted property and each has either a valid commercial medical marihuana facility permit or municipal license.

iii.

No retailer or microbusiness shall be located within 250 feet from any of the following:

Public park.

Church or house of worship.

City of Sturgis property zoned R-1, R-2, R-3, R-4, or R-5.

Burr Oak Township property zoned R1, R2, or R3.

Fawn River Township property zoned R1, R2, RMH, or RL.

Sherman Township property zoned RR, RP, MDR, WR, or MHC.

Sturgis Township property zoned R1, R2, R3, or MHP.

City dwelling units (as defined in the City of Sturgis Zoning Code) in a zoning district other than listed in (f)(5)iii.3) above.

Township dwelling units (as defined in the City of Sturgis Zoning Code) in a zoning district other than listed in (f)(5)iii.4) through 7) above.

iv.

The distances provided in this subsection shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the municipally-licensed premises at which the proposed marihuana establishment is to be located to the nearest point of one of the following:

The lot line of the separated use, when:

A school, public park, church, or house of worship is the only use on the parcel.

A parcel is zoned in one of the districts listed in subsections (f)(5)iii.3) through 7).

The premises of the separated use, when:

A school, public park, church, or house of worship is one of multiple uses on the parcel.

Measuring from (f)(5)iii.8) or 9).

Spacing requirements become effective upon issuance of a municipal license or medical marihuana permit whether conditional or not.

(6)

Amount of marihuana. The amount of marihuana on the municipally-licensed property and under the control of the municipal license holder, owner or operator of the marihuana facility shall not exceed that amount permitted by the state license or the city's municipal license.

(7)

Sale of marihuana. The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law. The marihuana establishment is prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the internet.

(8)

Sign restrictions. No signs, pictures, photographs, drawings or other depictions shall appear on the outside of any municipally-licensed premises nor be visible outside of the municipally-licensed premises on the municipally-licensed property nor advertise in a way that is inconsistent with the provisions of the MRTMA, LARA rules, or the City of Sturgis Zoning Ordinance.

(9)

Use of marihuana. The sale, consumption or use of alcohol or tobacco products on the municipally-licensed premises is prohibited. Smoking or consumption of controlled substances, including marihuana, on the municipally-licensed premises is prohibited.

(10)

Indoor operation. All activities of marihuana establishment, including without limitation, distribution, growth, cultivation, or the sale of marihuana, and all other related activity municipally-licensed under the municipal license holder's license or municipal license must occur indoors. The marihuana 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 odor is detectable outside the municipally-licensed premises.

(11)

Distribution. No person operating a marihuana establishment shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.

(12)

Permits. All necessary building, electrical, plumbing and mechanical municipal licenses must be obtained for any part of the municipally-licensed premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.

(13)

Waste disposal. The municipal license holder, owner and operator of the marihuana establishment shall use lawful methods in controlling waste or by-products from any activities allowed under the license or municipal license. All waste or by-products stored must be contained in a dumpster that is locked or located within a locked enclosure.

(14)

Proof of insurance. A municipal license holder shall at all times maintain full force and effect for duration of the license, worker's compensation insurance as required by state law, and general liability insurance with minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate limit issued from a company licensed to do business in Michigan. A municipal license holder shall provide proof of insurance to the city clerk in the form of a certificate of insurance evidencing the existence of a valid and effective policy which discloses the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, the policy number, and the names of the additional insureds. The policy shall name the City of Sturgis and its officials and employees as additional insureds to the limits required by this subsection. A licensee or its insurance broker shall notify the city of any cancellation or reduction in coverage within seven days of receipt of insurer's notification to that effect. The licensee, permittee, or lessee shall forthwith obtain and submit proof of substitute insurance to the city clerk within five business days in the event of expiration or cancellation of coverage.

(15)

Transportation.

Marihuana may be transported by a secure transporter within the city under this section, and to effectuate its purpose, only:

By persons who are otherwise authorized by state law to possess Marihuana;

In a manner consistent with all applicable state laws and rules, as amended; and

In a secure manner designed to prevent the loss of marihuana.

ii.

iii.

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.

(16)

Additional conditions. The city 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 section and applicable law.

(g)

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:

(1)

Violations of the provisions of this section or failure to comply with any of the requirements of this section shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined no more than $500.00, or imprisoned for not more than 90 days, or both, and, in addition, shall pay all costs and expenses involved. Each day such violation continues shall be considered a separate offense.

(2)

(3)

(4)

(h)

City liability and indemnification.

(1)

By accepting a municipal license issued pursuant to this section, the municipal license holder waives and releases the city, its officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of marihuana establishment owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(2)

By accepting a municipal license issued pursuant to this section, all municipal license holders agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of bodily injury, sickness, disease, death, property loss or damage or any other loss of any kind, including but not limited to, any claim of diminution of property value by a property owner whose property is located in proximity to a municipally-licensed property, arising out of, claimed to have arisen out of, or in any manner connected with the operation of a marihuana establishment or use of a product cultivated, processed, distributed or sold that is subject to the municipal license, or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Section 1964(c) or any other alleged violation of the law

(3)

By accepting a municipal license issued pursuant to this section, a municipal license holder agrees to indemnify, defend and hold harmless the city, its officers, elected officials, employees and insurers, against all liability, claims, penalties, or demands arising on account of any alleged violation of any existing law including the federal Controlled Substances Act, 21 U.S.C. Section 801 et seq. or Chapter 7 of the Michigan Public Health Code, MCL 333. 7101 et seq.

(i)

Municipal license as revocable privilege. A municipal license granted by this section is a revocable privilege granted by the city and is not a property right. Granting a license does not create or vest any right, title, franchise, or other property interest. each municipal license is exclusive to the municipal license holder, and a municipal license holder or any other person must apply for and receive the city's approval before a municipal license is transferred, sold, or purchased. A municipal license holder or any other person shall not lease, pledge, or borrow or loan money against a license. The attempted transfer, sale, or other conveyance of an interest in a municipal license without prior state and local approval is grounds for suspension or revocation of the municipal license or for other sanction considered appropriate by the city.

(j)

Nonrenewal, suspension or revocation of municipal license. The city may, after notice and hearing as provided in subsection (e)(4)x of this section, suspend, revoke, or refuse to renew a municipal license for any of the following reasons:

(1)

The applicant or municipal license holder, or his or her agent, manager or employee, has violated, does not meet, or has failed to comply with, any of the terms, requirements, conditions or provisions of this Section or with any applicable state or local law or regulation;

(2)

The Applicant or municipal license holder, or his or her agent, manager or employee, has failed to comply with any special terms or conditions of its municipal license pursuant to an order of the state or local licensing authority, including those terms and conditions that were established at the time of issuance of the municipal license and those imposed as a result of any disciplinary proceedings held subsequent to the date of issuance of the municipal license.

(3)

The marihuana establishment has been operated in a manner that adversely affects the public health, safety or welfare.

Evidence to support a finding under this subsection may include, without limitation, a continuing pattern of conduct, a continuing pattern of drug-related criminal conduct within the premises of the marihuana establishment or in the immediate area surrounding such marihuana establishment, a continuing pattern of criminal conduct directly related to or arising from the operation of the marihuana establishment, or an ongoing nuisance condition emanating from or caused by the marihuana establishment. Criminal conduct shall be limited to the violation of a state law or regulation or city ordinance.

(k)

Authorization to inspect, search and examine. A marihuana establishment and all articles of property in the establishment are subject to inspection, search and examination at any time by a member of the Sturgis Police Department, the Department of State Police, or the Sturgis Building Department and the application for a marihuana establishment constitutes consent by the applicant, and all owners, managers, and employees of the marihuana establishment, and the owner of the property to permit the city manager to conduct routine examination and inspection of the marihuana establishment to ensure compliance with this section or any other applicable law, rule, or regulation without a search warrant and consent to seizure of any surveillance records, camera recordings, reports, or other materials required as a condition of a municipal license without a search warrant.

(l)

(Ord. of 12-11-2019(1), eff. 1-3-2020; Ord. of 4-28-2021; Ord. of 1-12-2022)

Sec. 38-121. - Disorderly persons.

Any person who incites, encourages, participates in, is engaged in or is connected with any rout, riot, affray, fight, brawl, tumult, disorder or unlawful assembly; or any person who roughly crowds, jostles, strikes, commits an assault or an assault and battery upon another; or who makes or assists in making any noise or disturbance which tends to destroy peace and good order; or who is engaged in an illegal occupation or business; or who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or who is acting in a manner that cause a public disturbance; or who is engaged in any indecent or obscene conduct, exposure of their person, or who uses indecent, immoral or profane language, either in the presence or hearing of women or children, or in any public place; or who goes upon the premises of a private residence and looks into the windows; or who fails to obey any lawful order of a police officer shall be guilty of an offense. Any person who violates this section is guilty of a misdemeanor.

(Code 1969, § 131.01(A); Ord. of 6-8-2005)

State Law reference— Disorderly conduct, MCL 750.167.

Sec. 38-122. - Disturbing the peace.

(a)

It shall be unlawful for any person or persons to create or assist in creating a noise or disturbance which tends to destroy peace and good order.

(b)

Whoever violates this section shall, upon finding of responsibility for a civil infraction, be fined upon the sum of $100.00.

(Code 1969, § 131.02; Ord. of 7-25-2001(2), §§ 4.08, 4.09)

Sec. 38-123. - Loitering prohibited; police order to disperse.

It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either along and/or in consort with others in a public place in such manner so as to:

(1)

Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;

(2)

Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or do anything which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, the effect of which is to prevent or tend to prevent the free and uninterrupted ingress, egress, or regress, therein, thereon or thereto.

(Code 1969, § 132.01)

Sec. 38-124. - Consumption of alcoholic beverages prohibited in parks and on public property.

No person shall consume any alcoholic liquor, beer, wine or spirits in any park, upon any sidewalk or public highway, or in any place of amusement not licensed by the state to furnish alcoholic liquor, beer or wine for consumption on the premises, nor shall any person consume any alcoholic liquor, beer, wine or spirits in or upon any lands owned by the city or by any other public or semipublic corporation or entity, except as such consumption of alcoholic beverages may be specifically allowed by the city commission in conjunction with an application made to the state for a permit or license to serve alcoholic beverages. This provision does not apply to the legal consumption of alcoholic liquor, beer, wine or spirits in a commons area of a social district established by the Sturgis City Commission in compliance with MCL Section 436.1551.

(Code 1969, § 130.30; Ord. of 8-26-2020)

Cross reference— Alcoholic liquor, ch. 6.

Sec. 38-125. - Disturbance, diversion or immoral or indecent conduct.

Any person found to be creating a disturbance or diversion, or engaging in any immoral or indecent conduct in any private, public or parochial school building or on any school grounds shall leave immediately when so directed by the principal of the school or by any other person designated by the principal.

(Code 1969, § 97.02)

DIVISION 2. - DRUG PARAPHERNALIA[2]

Footnotes:

--- (2) ---

State Law reference— Drug paraphernalia, MCL 333.7451 et seq.

DIVISION 3. - USE OF TOBACCO PRODUCTS[3]

Footnotes:

--- (3) ---

Editor's note— An ordinance adopted July 10, 2013, supplied provisions to be added to this Code as §§ 38-201—38-208. In order to maintain the existing numbering style of the Code, at the discretion of the editor, these provisions have been redesignated as §§ 38-181—38-188.

Sec. 38-201. - Injuring or beating police dog.

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by the police department of the city in the performance of the functions or duties of the department or interfere with or meddle with any such dog while being used by the department or any officer or member.

(Code 1969, § 130.05)

Sec. 38-31. - Declaration of policy.

In furthering the policy of the State of Michigan as expressed in its Constitution and other Laws; in order that the safety and general welfare, peace and health of all the inhabitants of the city may be ensured, it is hereby declared the policy of the City of Sturgis, Michigan, to assure equal opportunity to all residents, regardless of race, color, religion, national origin or ancestry, sex, creed, or physical disability to live in decent, sanitary, healthful, standard living quarters.

It is the policy of the City of Sturgis that no owner, lessee, sub-lessee, assignee, managing agent, or other person, firm or corporation having the right to sell, rent, lease (or otherwise control) any housing accommodation and/or real property within the city, or any agent of these shall refuse to sell, rent, lease, or otherwise deny to or withhold from any person or group of persons such housing accommodations and/or real property because of race, color, religion, national origin or ancestry, sex, creed, or disability of such person or persons or discriminate against any person or persons because of race, color, religion, national origin or ancestry, sex, creed or disability in the conditions, terms, privileges of the sale, rental or lease of any housing accommodation and/or real property or in the furnishing of facilities and/or services in connection therewith.

Relocation shall be carried out in a manner that will promote maximum choice within the community's total housing supply; lessen racial, ethnic, and economic concentrations; and facilitate desegregation and racially inclusive patterns of occupancy and use of public and private facilities.

(Ord. of 5-14-2014)

Sec. 38-32. - Definitions.

Unless a different meaning clearly appears from the context, the following terms shall have the meaning as described in this section and as used in this division.

Discriminate. The terms "discriminate" or "discrimination" mean any difference expressed in any way toward a person or persons in the terms of the sale, exchange, lease, rental or financing for housing accommodation and/or real property in regard to such sale, exchange, rental, lease or finance because of race, color, religion, national origin or ancestry, sex, creed, or disability of such person.

Housing accommodation. The term "housing accommodation" includes any building, structure, or portion thereof which is used or occupied, maintained, arranged or designed to be used or occupied as a home, residence or sleeping place of one or more human beings, or any real estate so used, designed or intended for such use.

Real property. The term "real property" means any real estate, vacant land, building, structure or housing accommodations within the corporate limits of the City of Sturgis, Michigan.

Real estate broker. The term "real estate broker" means any person, partnership, association, corporation and/or agent thereof, who for a fee or other valuable consideration offers, sells, purchases, exchanges or rents, or negotiates for the sale, purchase, exchange or rental of a housing accommodation and/or real property of another, or collects rental for the use of housing accommodation and/or real property of another.

Financial institution. The term "financial institution" means any person, institution or business entity of any kind which loans money to persons and receives as security for said loans a secured interest of any kind in the real property of the borrower.

Owner. An "owner" means any person/persons who hold legal or equitable title to, or own any beneficial interest in any real property or who hold legal or equitable title to shares of, or hold any beneficial interest in any real estate cooperative which owns any real property and/or housing accommodations.

Decent, sanitary, healthful standard living quarters. "Decent, sanitary, healthful standard living quarters" is housing which is in sound, clean, and weather tight condition in conformance with applicable local, state, and national codes.

(Ord. of 5-14-2014)

Sec. 38-33. - Prohibited acts.

It shall be unlawful for any owner of real estate, lessee, sub-lessee, real estate broker or salesman, financial institution or employee of the financial institution, advertiser, or agent of any or all of the foregoing, to discriminate against any person or persons because of their race, color, religion, national origin or ancestry, sex, creed, or disability with regard to the sale, exchange or rental, or any dealing concerning any housing accommodation and/or real property.

In addition to the foregoing, it shall also be unlawful for any real estate broker or employee thereof, owner or other person, or financial institution dealing with housing or real property in the City of Sturgis, Michigan:

To discriminate against any person in the availability of or the price, terms, conditions, or privileges of any kind relating to the sale, rental, lease, or occupancy of any housing accommodation or real property in the city or in furnishing of any facilities or services in connection therewith.

To publish or circulate, or cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application, for the purchase, lease, rental or financing of real property, or to make any record of inquiry in connection with the prospective purchase, rental or lease of such real estate, which expresses directly or indirectly any discrimination as to race, color, religion, national origin or ancestry, sex, creed or disability of any person.

To discriminate in connection with lending money, guaranteeing loans, accepting mortgages or otherwise obtaining or making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation and/or real property.

To solicit for sale, lease, or listing for the sale or lease, of any housing accommodation and/or real property on the grounds of loss of value because of the present or prospective entry into any neighborhood of any person or persons of any particular race, color, religion, national origin or ancestry, sex, creed, or disability.

To distribute or cause to be distributed, written material or statements designed to induce any owner or any housing accommodation and/or real property to sell or lease his or her property because of any present or prospective change in the race, color, religion, national origin or ancestry, sex, creed, or disability of persons in the neighborhood.

To make any misrepresentations concerning the listing for sale or the anticipated listing for sale or the sale of any housing accommodation and/or real property for the purpose of inducing or attempting to induce the sale or listing for sale of any housing accommodation and/or real property by representing that the presence or anticipated presence of persons of any particular race, color, religion, national origin or ancestry, sex, creed, or disability in the area will or may result in the lowering of property values in the block, neighborhood or area in which the property is located.

For an owner to solicit any real estate broker to sell, rent or otherwise deal with such owner's housing accommodations and/or real property with any limitation on its sale based on race, color, religion, national origin or ancestry, sex, creed, or disability.

For an owner to refuse to sell, rent, or otherwise deal with any housing accommodation and/or real property because of race, color, religion, national origin or ancestry, sex, creed, or disability of the proposed buyer or tenant.

(Ord. of 5-14-2014)

Sec. 38-34. - Penalty.

Whoever violates any of the provisions of this division shall, upon a finding of responsibility for a civil infraction, be subject to a fine of not less than $100.00 nor more than $1,500.00. Each day a violation continues shall constitute a separate violation. This section shall in no way abrogate or impair the right of the City of Sturgis, Michigan, to specifically enforce, by any legal means, any of the provisions of this division.

(Ord. of 5-14-2014)

Sec. 38-35. - Repeal.

That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no other force and effect.

(Ord. of 5-14-2014)

Sec. 38-36. - Severability.

That it is the intention of the city commission of the City of Sturgis, Michigan, that this division and every provision thereof shall be considered severable, and the invalidity of any section, clause, or provision of this division shall not affect the validity of any other portion of this division.

(Ord. of 5-14-2014)

Sec. 38-151. - Public nudity.

(a)

Definitions. As used in this section the following words and terms shall have the meanings respectively ascribed:

Public nudity means knowingly or intentionally displaying in a public place any individual's genitals or anus with less than a fully opaque covering, or any female individual's breast with less than a fully opaque covering of the nipple and areola, for payment or promise of payment.

Public place means any premises within the city used or controlled in whole or in part for the purpose of displaying an individual's genitals, anus, or female breast for payment or promise of payment, and which is open to the general public as a business, club, or association.

(b)

Public nudity prohibited. No person, corporation, business, club, or association shall knowingly or intentionally cause, promote, invite, employ, or encourage any person to knowingly or intentionally display in a public place for payment or promise of payment his or her genitals or anus with less than a fully opaque covering, or her female breast with less than a fully opaque covering of the nipple and areola.

(c)

Covering required. No person shall knowingly or intentionally display his or her genitals or anus in a public place for payment or promise of payment with less than a fully opaque covering.

(d)

Display of female breast prohibited. No female shall knowingly or intentionally display her breast in a public place for payment or promise of payment with less than a fully opaque covering of the nipple and areola.

(e)

Breastfeeding. A woman's breastfeeding of a baby does not under any circumstance constitute public nudity within the purview of this section.

(f)

Public nuisance. Any premises, building, dwelling, or other structure in which public nudity as defined in subsections (a) and (b) of this section is offered, promoted, allowed or encouraged shall constitute a public nuisance, and shall be subject to civil abatement proceedings initiated by the city before the circuit court.

(Code 1969, §§ 93.50—93.53)

State Law reference— Regulation of public nudity, MCL 117.5h.

Sec. 38-171. - Definitions.

(a)

The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of article 7 of the Public Health Code (MCL 333.7101 et seq.). It includes, but is not limited to:

(1)

Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4)

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6)

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7)

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana;

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9)

Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11)

Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injected controlled substances into the human body;

(12)

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks;

Roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs;

Ice pipes or chillers.

(b)

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(1)

Statements by an owner or by anyone in control of the object concerning its use;

(2)

Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(3)

The proximity of the object, in time and space, to a direct violation of this article;

(4)

The proximity of the object to controlled substances;

(5)

The existence of any residue of controlled substances on the object;

(6)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of this article; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this article should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Whether the owner, or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(12)

Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(13)

The existence and scope of legitimate uses for the object in the community;

(14)

Expert testimony concerning its use.

(Code 1969, § 136.01)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, MCL 333.7451.

Sec. 38-172. - Possession of drug paraphernalia.

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of article 7 of the Public Health Code (MCL 333.7101 et seq.). Any person who violates this section is guilty of a misdemeanor.

(Code 1969, § 136.99(A))

Sec. 38-173. - Manufacture or delivery of drug paraphernalia.

(a)

It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of article 7 of the Public Health Code (MCL 333.7101 et seq.). Any person who violates this subsection is guilty of a misdemeanor.

(b)

Any person 18 years of age or over who violates subsection (a) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a misdemeanor.

(Code 1969, § 136.99(B), (C))

Sec. 38-174. - Advertisement of drug paraphernalia.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of a misdemeanor.

(Code 1969, § 136.99(D))

Sec. 38-175. - Applicability of ordinance.

The provisions of division 2 of article VI of chapter 38 of the Code of Ordinances do not supersede or impair rights provided by the Michigan Regulation and Taxation of Marihuana Act, MCL 333.2795 et seq. ("the Act").

(Ord. of 12-19-2018(1))

Sec. 38-181. - Smoking in public places.

The City of Sturgis recognizes and enforces Michigan Public Action No. 188. Michigan Public Act No. 188 of 2010, as amended, MCL 333.12601 through 333.12616, bans smoking in public places, including areas owned or operated by local governmental agencies and used by the public or serving as a meeting place for public bodies.

(Ord. of 7-10-2013)

Sec. 38-182. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City property means all property (indoor and outdoor) owned or leased by the City of Sturgis including adjacent parking lots. It does not include city-owned property leased in its entirety to a third party, unless that area is being used as a public recreational area. This does not include city sidewalks or terraces unless they are defined (temporarily or permanently) as recreational areas or they are adjacent to a city-owned parcel of land (i.e. sidewalks and terrace area around City Hall, the Doyle Community Center, etc.)

Designated congregating area means any location intended to be used for a congregation of people, permanently or temporarily, with a definable area. This includes, but is not limited to: bleachers or stands, park shelters, playgrounds, sports fields, designated spectator areas for sporting or other events, beer "gardens" or beer tents, picnic areas, etc. It does not include park benches located outside of another designated congregating area.

Public recreational area means any city-owned property (indoor and outdoor) used for recreational purposes, including but not limited to parks, sports fields, open spaces, and event areas.

Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or other similar tobacco product in any manner.

Tobacco products means any item for consumption containing tobacco which can be inhaled, chewed, sucked, or placed in a person's mouth. This includes but is not limited to cigarettes, cigars, pipe tobacco, chew, etc.

(Ord. of 7-10-2013)

Sec. 38-183. - Use of tobacco products prohibited on city property and recreational areas.

The use of tobacco products, including but not limited to smoking, is prohibited on all City of Sturgis property and recreational areas, including city-owned property approved for temporary use as a public recreational area.

(Ord. of 7-10-2013)

Sec. 38-184. - Exceptions.

The following exceptions are made to the requirements of section 38-203:

(1)

Persons are permitted to use tobacco products inside their vehicles on City of Sturgis property and public recreational areas if the vehicle is legally parked in a parking lot.

(2)

The city manager may approve one or more designated tobacco use areas on city property or a public recreational area.

The designated tobacco use area shall be no less than 30 feet from any buildings or designated congregating areas on city property or a public recreational area. For the purposes of this section, designated congregating areas do not include designated tobacco use areas.

The location of the designated tobacco use area must be identified by a sign or other posting. If practical, the boundary of the area should also be identified.

(Ord. of 7-10-2013)

Sec. 38-185. - Penalties and enforcement.

Anyone violating this chapter of the City Code of Ordinances shall be subject to the following enforcement and penalties:

(1)

Shall first be asked to cease the violating behavior or leave the premises and be issued a written warning.

(2)

If they do not cease the violating behavior or are found to violate a section of this division a second time, they will be asked to cease the violating behavior or leave the premises and be issued a civil infraction for an amount not to exceed $100.00.

(3)

If they do not cease the violating behavior or are found to violate a section of this division a third or subsequent time, they will be asked to cease the violating behavior or leave the premises and be issued a civil infraction for an amount not to exceed $250.00.

(4)

If three or more violations occur at the same location, the city may ban the individual from that location.

(Ord. of 7-10-2013)

Sec. 38-186. - Posting.

Posting of applicable prohibitions under this chapter is recommended at each impacted property. In the case of temporary public recreational areas, event organizers should be made aware of the regulations of this division and if practical, post information regarding the prohibition. The absence of postings required by this section shall not be a defense to a violation of any provision of this chapter.

(Ord. of 7-10-2013)

Sec. 38-187. - Other applicable laws.

This chapter shall not be interpreted or construed to supersede any ordinances, rules or applicable laws considered to be stricter in regards to use of tobacco products.

(Ord. of 7-10-2013)

Sec. 38-188. - Severability.

If any part of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other parts of this division that can be given effect without the invalid part, and to this end the provisions of this chapter are declared to be severable.

(Ord. of 7-10-2013)

Sec. 38-189. - Reserved.

Editor's note— Ord. of 12-18-2019(2), eff. January 10, 2020, adopted December 18, 2019, repealed § 38-189, which pertained to prohibition of marihuana establishments and derived from Ord. of 12-19-2018(1).

Sec. 38-190. - Reserved.

Editor's note— Ord. of 12-18-2019(2), eff. January 10, 2020,adopted December 18, 2019, repealed § 38-190, which pertained to prohibition on sale and consumption of marihuana in public places and derived from Ord. of 12-19-2018(1).

Sec. 38-191. - Reserved.

Editor's note— Ord. of 12-18-2019(2), eff. January 10, 2020,adopted December 18, 2019, repealed § 38-191, which pertained to conflict and repeal and derived from Ord. of 12-19-2018(1).