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| Ordinance | NO. 14-2019 |
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| | | | | | | | | Proposed Ordinance 14-2019 to amend the City Code by adding a new Chapter, designated as 835, Regulating Adult Use Marihuana Establishments within the City of Battle Creek pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 10/1/2019 | | | |
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The City of Battle Creek Ordains:
Section 1. An ordinance (14-2019) to add Chapter 835 regulating the operating of Adult Use Marihuana Establishments within the City of Battle Creek, as is attached and made a part hereof.
Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on October 1, 2019.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
10/1/2019
Action Summary | | | |
| | | | | | | | | | Staff Member: | Jill Humphreys Steele, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| Proposed Ordinance 14-2019 to amend the City Code by adding a new Chapter, designated as 835, Regulating Adult Use Marihuana Establishments within the City of Battle Creek pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018.
| BUDGETARY CONSIDERATIONS
| There are not any immediate known impacts to the budget. If adopted, fees would be paid with the application and would be set in an amount to cover the City's costs for inspections and enforcement.
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HISTORY, BACKGROUND and DISCUSSION
| In 2008, the State passed a law legalizing medical marihuana for qualifying patients licensed by the State of Michigan. That law did not authorize the sale of medical marihuana and it limited a qualifying patient to obtaining the marihuana by either growing the permitted quantity of marihuana on his or her own, or to obtaining it through their authorized caregiver connected directly to that patient in accordance with state procedures.
In 2016, the state legislature authorized the commercial sale of medical marihuana through a strictly regulated system with licenses being authorized by the State's Licensing and Regulatory Affairs Division for five different "facility licenses." The state law required that applicants would only be permitted a license if the proposed facility were located in a municipality that had specifically authorized whatever type of facility the applicant sought to be licensed. Municipalities could choose to authorize none, one, or more up to the five types of facilities. On February 6, 2018, the City amended its ordinances by adding Chapter 833 to permit Medical Marihuana Facilities to be operated in the City of Battle Creek and to provide regulation.
In November of 2018, voters in the State of Michigan approved a proposition to allow under state law, the personal possession and use of marihuana by persons at least 21 years of age; to permit the taxation of revenue stemming from commercial marihuana facilities. Consistent with approval of this statewide proposition, the legislature enacted Initiated Law 1 of 2018, the "Michigan Regulation and Taxation of Marihuana Act" (MRTMA). The MRTMA provides that unless a City affirmatively opts out of permitting the establishment of Recreational Marihuana Establishments, the State will grant licenses to operate such establishments within local municipalities.
After conducting several workshops and studying the issue, the City Commission requested that a licensing ordinance be presented to permit and regulate Adult Use Marihuana Establishments within the City, as well as a zoning ordinance setting out those areas where the authorized marihuana establishments would be a permitted use. The proposed ordinance authorizes six types of marihuana establishments, but prohibits Special Licenses, at this time.
This proposed Licensing Ordinance and the proposed Zoning Ordinance, are being introduced at the same time, and one should not be authorized without both being authorized.
| DISCUSSION OF THE ISSUE
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| POSITIONS
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