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| Resolution | NO. 521 |
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| | | | | | | | | A Resolution seeking to adopt Ordinance 11-2022 to amend Chapters 833 Medical Marihuana Facilities, and 835 Adult Use Marihuana Establishments, to expand the hours of operation; update definitions and make additional clarifications. | | | |
| | | | | | | | | BATTLE CREEK, MICHIGAN - 11/1/2022 | | | |
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Resolved by the Commission of the City of Battle Creek:
That, the following sections are adopted:
Section 1. An Ordinance to amend Chapters 833 "Medical Marihuana Facilities" and 835 "Adult Use Marihuana Establishments," to expand the permissible hours of operation, update definitions and references to administrative rules and various other updates as attached hereto 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 All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain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 an Ordinance adopted by the Battle Creek City Commission at a Regular meeting held on November 1, 2022.
Victoria Houser
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| | | | | | | | | Battle Creek City Commission
11/1/2022
Action Summary | | | |
| | | | | | | | | | Staff Member: | Jill Humphreys Steele, City Attorney | | Department: | City Attorney |
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| | | | | | | | | SUMMARY
| A Resolution seeking to adopt Ordinance 11-2022 to amend Chapters 833 Medical Marihuana Facilities, and 835 Adult Use Marihuana Establishments, to expand the hours of operation; update definitions and make additional clarifications.
| BUDGETARY CONSIDERATIONS
| | There are none. |
HISTORY, BACKGROUND and DISCUSSION
| Vice Mayor Reynolds, supported by Commissioners Gray and Herring, requested that Chapters 833 and 835 regulating Medical Marihuana and Adult Recreational Marihuana facilities be amended to expand the permissible hours of operation. The ordinance currently prohibits these facilities to operate between the hours of 9:00 p.m. and 7:00 a.m. This amendment, if approved, allows the businesses to operate until midnight. This particular change is found in 833.09(c) and 835.09(d).
Since each of these ordinances were passed, the state agency administrative regulations have been promulgated in the regular fashion rather than on an emergency basis. Thus, while the expanded hours of operation are being amended, it seemed the best time to work through each chapter and make necessary updates, such as references to administrative rules. In addition, the state legislature and the cannabis regulatory agency has changed various definitions, which are reflected in these amendments.
In addition, when each of these ordinances was enacted, the City Clerk was the individual who undertook most administrative review. Since that time, the City hired a Cannabis Coordinator, thus various amendments have been made to reflect that change. The zoning ordinance references have also changed since the marihuana chapters were enacted, thus those changes have been made.
Various clarifications have been made and typographical errors corrected. In addition, a problematic area that has arisen related to applicants obtaining a conditional permit, undertaking all work, including obtaining certificates of occupancy, while not taking the final step of obtaining a final permit, allowing conditional approvals to languish. That problem has been addressed to require that applicants move along in the process rather than essentially preserving a spot that is then unavailable to other potential applicants without actually commencing operations.
The City Attorney's office, the Cannabis Coordinator and the Community Services Director have collaborated on these amendments. Changes are reflected in colored font in the attached, and ellipsis are used to signify where unchanged sections of the ordinance have been omitted. These proposed ordinance amendments were introduced at the October 18, 2022 City Commission meeting.
| DISCUSSION OF THE ISSUE
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| POSITIONS
| | The City's Cannabis Coordinator, the Community Services Director and the City Attorney recommend approval of the amendments. Vice Mayor Reynolds, Commissioner Gray and Commissioner Herring support the particular amendment expanding the hours of operation. |
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