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(M) All registered patients must present both their Michigan Medical property. ii. to inspect, examine and audit relevant records of the licens-
Marihuana patient/caregiver identification card and government 3. To inspect the person, and inspect or examine personal effects ee and, if the holder of the license or any of the manage-
issued photo identification prior to entering restricted/limited ar- present in a Medical Marihuana Facility, of any holder of state rial employees or employees fails to cooperate with an in-
eas or non-public areas of the Provisioning Center, and if no re- operating license while that person is present in a Medical vestigation, the investigator may impound, seize, assume
stricted/limited area is required, then promptly upon entering the Marihuana Facility. physical control of, or summarily remove from the premises
Provisioning Center. 4. To investigate alleged violations of the MMMA and Medical all books, ledgers, documents, writings, photocopies, cor-
(N) The premises shall be open, at all times, to any Michigan Medi- Marihuana Facilities Licensing Act or applicable state laws. respondence, records, and videotapes, including electron-
cal Marihuana Licensing Board investigators, agents, auditors, or (D) Any Safety Compliance Facility shall maintain a log book and/or ically stored records, money receptacles, or equipment in
police, without a warrant and without notice to the holder of the database which complies with which the records are stored as well as any other property.
license, enter the premises, offices, facilities, or other places of the MMMA and Medical Marihuana Facilities Licensing Act or appli- iii. to inspect the person, and inspect or examine personal ef-
business of a licensee, if evidence of compliance or noncompli- cable state laws; fects present in a Medical Marihuana Facility, of any holder
ance with the MIAMA and Medical Marihuana Facilities Licensing (E) All Marihuana shall be contained within the building in an En- or state operating license while that person is present in a
Act or applicable state laws is likely to be found and consistent closed, Locked Facility in accordance with the MMMA, as amend- Medical Marihuana Facility.
with constitutional limitations, for the following purposes: ed, and Medical Marihuana Facilities Licensing Act or applicable iv. to investigate alleged violations of the MMMA and Medical
1. To inspect and examine all premises of Medical Marihuana state laws; Marihuana Facilities Licensing Act or applicable state laws.
Facility. (F) There shall be no other accessory uses permitted within the 6. All marihuana stored within the facility shall be stored within
2. To inspect, examine, and audit relevant records of the licensee same facility other than those associated with testing Marihuana; Enclosed Locked Facilities in accordance with the MMMA as
and, if the holder of the license or any of the managerial em- (G) All persons working in direct contact with Marihuana shall con- amended.
ployees or employees fails to cooperate with an investigation, form to hygienic practices while on duty; 7. All persons working in direct contact with marihuana being
the investigator may impound, seize, assume physical control (H) Litter and waste shall be properly removed and the operating stored by a secure transporter shall conform to hygienic prac-
of, or summarily remove from the premises all books, ledgers, systems for waste disposal shall be maintained in an adequate tices while on duty, including but not limited to:
documents, writings, photocopies, correspondence, records, manner so that they do not constitute a source of contamination i. maintaining adequate personal cleanliness
and videotapes, including electronically stored records, money in areas where Marihuana is exposed; ii. washing hands thoroughly in adequate hand washing ar-
receptacles, or equipment in which the records are stored as (I) Floors, walls and ceilings shall be constructed in such a manner eas before starting work and at any other time when the
well as any other property. that they may be adequately cleaned and kept clean and in good hands may have become soiled or contaminated
3. To inspect the person, and inspect or examine personal effects repair; iii. refrain from having direct contact with marihuana if the per-
present in a Medical Marihuana Facility, of any holder of state (J) Any buildings, fixtures and other facilities shall be maintained in a son has or may have an illness, open lesion, including boils,
operating license while that person is present in a Medical sanitary condition; sores or infected wounds, or any other abnormal source of
Marihuana Facility. (K) Marihuana that can support the rapid growth of undesirable mi- microbial contamination, until the condition is corrected.
4. To investigate alleged violations of the MMMA and Medical croorganisms shall be held in a manner that prevents the growth (D) A Secure Transporter licensee and each stakeholder shall not
Marihuana Facilities Licensing Act or applicable state laws. of these microorganisms; have an interest in a Grower Processor, Provisioning Center or
(O) It shall be prohibited to display any signs that are inconsistent with Safety Compliance Facility and shall not be a registered qualify-
local laws or regulations or state law. (L) Exterior signage or advertising identifying the facility as a Safety ing patient or a registered primary caregiver.
(P) It shall be prohibited to use advertising material that is mislead- Compliance Facility shall be prohibited. (E) A Secure Transporter shall enter all transactions, current inven-
ing, deceptive, or false, or that is designed to appeal to minors. tory, and other information as required by the state into the state-
(Q) It shall be prohibited to use the symbol or image of a Marihuana SECTION 10. MINIMUM OPERATIONAL STANDARDS OF PRO- wide monitoring system as required by law.
leaf in any exterior building signage. CESSOR FACILITY. (F) A Secure Transporter shall comply with all of the following:
(R) No licensed Provisioning Center shall place or maintain, or cause The following minimum standards for Processor Facility shall apply: 1. Each driver transporting marihuana must have a chauffeur’s
to be placed or maintained, an advertisement of Marihuana in (A) The Processor shall comply at all times and in all circumstances license issued by the state.
any form or through any medium within one thousand feet of the with the Michigan Medical Marihuana Act, the Medical Marihuana 2. Each employee who has custody of marihuana or money that
real property comprising a public or private elementary, vocation- Facilities Licensing Act, and the general rules of the Department is related to a marihuana transaction shall not have been con-
al or secondary school of Licensing and Regulatory Affairs, as they may be amended victed of or released from incarceration for a felony under the
(S) Certified laboratory testing results that meets the MMMA and from time to time; laws of this state, any other state, or the United States within
Medical Marihuana Facilities Licensing Act or applicable state (B) Consumption and/or use of Marihuana shall be prohibited at the the past five (5) years or have been convicted of a misdemean-
laws must be available to all Provisioning Center patients/cus- Processor Facility; or involving a controlled substance with the past five (5) years.
tomers upon request. (C) All activity related to the Processor Facility shall be done indoors; 3. Each vehicle shall be operated with a two-person crew with
(D) The premises shall be open, at all times, to any Michigan Medi- at least one individual remaining with the vehicle at all times
SECTION 8. MINIMUM OPERATIONAL STANDARDS OF GROWER cal Marihuana Licensing Board investigators, agents, auditors, or during the transportation of marihuana.
FACILITY police, without a warrant and without notice to the licensee, enter 4. A route plan and manifest shall be entered into the statewide
The following minimum standards for Grower Facility shall apply: the premises, offices, facilities, or other places of business of a monitoring system, and a copy shall be carried in the trans-
(A) The Grower facility shall comply at all times and in all circum- licensee, if evidence of compliance or noncompliance with the porting vehicle and presented to a law enforcement officer
stances with the Michigan Medical Marihuana Act, the Medical MMMA and Medical Marihuana Facilities Licensing Act or appli- upon request.
Marihuana Facilities Licensing Act, and the general rules of the cable state laws is likely to be found and consistent with constitu- 5. The marihuana shall be transported by one or more sealed
Department of Licensing and Regulatory Affairs, as they may be tional limitations, for the following purposes: containers and not be accessible while in transit.
amended from time to time; 1. To inspect and examine all premises of Medical Marihuana 6. A secure transporting vehicle shall not bear markings or other
(B) The premises shall be open, at all times, to any Michigan Medi- Facilities. indication that it is carrying marihuana or a marihuana infused
cal Marihuana Licensing Board investigators, agents, auditors, or 2. To inspect, examine, and audit relevant records of the licensee product.
police, without a warrant and without notice to the holder of the and, of the licensee or any managerial employees or employ- (G) A vehicle used by a Secure Transporter is subject to administra-
license, enter the premises, offices, facilities, or other places of ees fails to cooperate with an investigation, the investigator tive inspection by a law enforcement officer at any point during
business of a licensee, if evidence of compliance or noncompli- may impound, seize, assume physical control of, or summarily the transportation of marihuana to determine compliance with all
ance with the MIAMA and Medical Marihuana Facilities Licensing remove from the premises all books, ledgers, documents, writ- state and local laws, rules, regulations and ordinances.
Act or applicable state laws is likely to be found and consistent ings, photocopies, correspondence, records, and videotapes,
with constitutional limitations, for the following purposes: including electronically stored records, money receptacles, or SECTION 12. LOCATION OF GROWER FACILITY, SAFETY COM-
1. To inspect and examine all premises of Medical Marihuana equipment in which the records are stored as well as any other PLIANCE FACILITY, PROCESSOR FACILITY, AND SECURE
Facility. property. TRANSPORTER
2. To inspect, examine, and audit relevant records of the licensee 3. To inspect the person, and inspect or examine personal effects (A) No Grower Facility, Safety Compliance Facility, Processor Facil-
and, if the holder of the license or any of the managerial em- present in a Medical Marihuana Facility, of any holder of state ity, or Secure Transporter shall be located within one thousand
ployees or employees fails to cooperate with an investigation, operating license while that person is present in a Medical (1,000) feet of real property comprising a public or private ele-
the investigator may impound, seize, assume physical control Marihuana Facility. mentary, vocational, or secondary school.
of, or summarily remove from the premises all books, ledgers, 4. To investigate alleged violations of the MMMA and Medical
documents, writings, photocopies, correspondence, records, Marihuana Facilities Licensing Act or applicable state laws. SECTION 13. LOCATION OF PROVISIONING CENTERS
and videotapes, including electronically stored records, money (E) Any Processor Facility shall maintain a log book and/or database (A) No Provisioning Center shall be located within:
receptacles, or equipment in which the records are stored as which complies with the MMMA, as amended, and Medical Mar- 1. One thousand (1,000) feet of real property comprising a public
well as any other property. ihuana Facilities Licensing Act or applicable state laws; or private elementary, vocational, or secondary school; or
3. To inspect the person, and inspect or examine personal effects (F) All Marihuana shall be tagged as required by the MMMA, the
present in a Medical Marihuana Facility, of any holder of state Medical Marihuana Facilities Licensing Act or applicable state 2. Five hundred (500) feet of a church or religious institution de-
operating license while that person is present in a Medical laws; fined as exempt by the Village Assessor’s Office.
Marihuana Facility. (G) All Marihuana shall be contained within Enclosed Locked Facility
4. To investigate alleged violations of the MMMA and Medical in accordance with the MMMA, as amended; SECTION 14. DENIAL AND REVOCATION
Marihuana Facilities Licensing Act or applicable state laws. (H) All necessary building, electrical plumbing and mechanical per- (A) A license issued under this Ordinance may be revoked after an
(C) Any Grower Facility shall maintain a log book and/or database in- mits shall be obtained for any portion of the structure in which administrative hearing at which the Village Council by majority
dicating the number of Marihuana Plants therein. Each Marihua- electrical wiring for devices that support the processing of Mari- vote of the members present determines that any grounds for re-
na Plant will be tagged as required by the MMMA and Medical huana are located; vocation under this Ordinance exist. Notice of the time and place
Marihuana Facilities Licensing Act; (I) That portion of the structure where the storage of any chemicals of the Hearing and the grounds for revocation must be given to
(D) All Marihuana shall be contained within an Enclosed Locked Fa- is located shall be subject to inspection and approval by the Vil- the holder of license at least five days prior to the date of the
cility; lage of Chesaning Fire Department to insure compliance with all hearing, by first class mail to the address given on the license
(E) All necessary building, electrical plumbing and mechanical per- applicable statutes, codes and ordinances.; application; a licensee whose license is subject of such Hearing
mits shall be obtained for any portion of the structure in which (J) The dispensing of medical Marihuana at the Processor facility may present evidence and/or call witnesses at the Hearing;
electrical wiring, lighting and/or watering devices that support the shall be prohibited; (B) A license applied for or issued under this Ordinance may be de-
Grower, growing or harvesting of Marihuana are located; (K) All persons working in direct contact with Marihuana shall con- nied or revoked on any of the following basis:
(F) That portion of the structure storing any chemicals such as herbi- form to hygienic practice while on duty, including but not limited 1. Violation of this Ordinance;
cides, pesticides, and fertilizers shall be subject to inspection and to: 2. Any conviction of or release from incarceration for a felony
approval by the Village of Chesaning Fire Department to insure 1. Maintaining adequate personal cleanliness; under the laws of this State, any other state, or the United
compliance with all applicable statutes, codes and ordinances; 2. Washing hands thoroughly in adequate hand-washing areas States within the past five (5) years by the Applicant or any
(G) The dispensing of Marihuana at the Grower Facility shall be pro- before starting work and at any other time when the hands stakeholder of the Applicant as measured from the date of the
hibited; may have become soiled or contaminated; Application or the date of becoming a stakeholder, whichever
(H) All persons working in direct contact with Marihuana shall con- 3. Refraining from having direct contact with Marihuana if the per- occurs later, or while licensed under this Ordinance; or any
form to hygienic practices while on duty, including but not limited son has or may have an illness, open lesion, including boils, conviction of a substance-related felony by the Applicant or
to: sores or infected wounds, or any other abnormal source of mi- any stakeholder of the Applicant ever or while licensed under
1. Maintaining adequate personal cleanliness; crobial contamination, until the condition is corrected. this Ordinance;
2. Washing hands thoroughly in adequate hand-washing areas (L) Litter and waste shall be properly removed and the operating sys- 3. Commission of fraud or misrepresentation or the making of a
before starting work and at any other time when the hands tems for waste disposal are maintained in an adequate manner false statement by the Applicant or any stakeholder of the Ap-
may have become soiled or contaminated; so that they do not constitute a source of contamination in areas plicant while engaging in any activity for which this Ordinance
3. Refraining from having direct contact with Marihuana if the per- where Marihuana is exposed; requires a license;
son has or may have an illness, open lesion, including boils, (M) Floors, walls, and ceilings shall be constructed in such a manner 4. Sufficient evidence that the Applicant(s) lack, or have failed to
sores or infected wounds, or any other abnormal source of mi- that they may be adequately cleaned and kept clean and in good demonstrate, the requisite professionalism and/or business
crobial contamination, until the condition is corrected. repair; experience required to assure strict adherence to this Ordi-
(I) Litter and waste shall be properly removed and the operating (N) There shall be adequate screening or other protection against the nance and the rules and regulations governing the Medical
systems for waste disposal shall be maintained in an adequate entry of pests. Rubbish shall be disposed of so as to minimize the Marihuana Program in the State of Michigan;
manner so that they do not constitute a source of contamination development of odor and minimize the potential for the waste de- 5. The Medical Marihuana Facility is determined by the Village of
in the areas where Marihuana is exposed. velopment of odor and minimize the potential for waste becoming Chesaning to have become a public nuisance;
(J) Floors, walls and ceiling, shall be constructed in such a manner and attractant, harborage or breeding places for pests; 6. The Michigan Medical Marihuana Licensing Board has de-
that they may be adequately cleaned and kept clean and in good (O) Any buildings, fixtures and other facilities shall be maintained in a nied, revoked or suspended the applicant’s state license.
repair; sanitary condition;
(K) There shall be adequate screening or other protection against the (P) Each Processor Facility shall provide its occupants with adequate SECTION 15. PENALTIES AND DISCIPLINE
entry of pests. Rubbish shall be disposed of so as to minimize the and readily accessible toilet facilities that are maintained in a san- (A) The Village of Chesaning may require an applicant or holder of
development of odor and minimize the potential for the waste de- itary condition and good repair; license of a Medical Marihuana Facility to produce documents,
velopment of odor and minimize the potential for waste becoming (Q) Marihuana that can support the rapid growth of undesirable mi- records, or any other material pertinent to the investigation of an
and attractant, harborage or breeding places for pests; croorganisms shall be held in a manner that prevents the growth application or alleged violation of this Ordinance. Failure to pro-
(L) Any buildings, fixtures and other facilities shall be maintained in a of these microorganisms; vide the required material may be grounds for application denial,
sanitary condition; (R) Processor Facility shall be free from infestation by insects, ro- license revocation, or discipline;
(M) Each Grower Facility shall provide its occupants with adequate dents, birds, or vermin of any kind; (B) Any person in violation of any provision of this Ordinance or any
and readily accessible toilet facilities that are maintained in a san- (S) Processor Facility shall produce no products other than useable provision of a license issued under this Ordinance is responsible
itary condition and good repair; Marihuana intended for human consumption. fora misdemeanor, punishable by a fine of up to $500.00 plus
(N) Marihuana that can support the rapid growth of undesirable mi- (T) Exterior signage or advertising identifying the facility as a Proces- cost of prosecution, 90 days imprisonment, or both, or each vio-
croorganisms shall be held in a manner that prevents the growth sor Facility shall be prohibited. lation. This section is not intended to prevent enforcement of any
of these microorganisms; provision of the State law by the Village of Chesaning Police De-
(O) Grower Facility shall be free from infestation by insects, rodents, SECTION 11. MINIMUM OPERATIONAL STANDARDS OF SECURE partment;
birds, or vermin of any kind; TRANSPORTER (C) All fines imposed under this Ordinance shall be paid within for-
(P) Exterior signage or advertising identifying the facility as a Grower The following minimum standards for Secure Transporters shall apply: ty-five (45) days after the effective date of the order imposing the
Facility shall be prohibited. (A) The Secure Transporter shall comply at all times with the Michi- fine or as otherwise specified in the order;
gan Medical Marihuana Act, the Medical Marihuana Facilities Li- (D) The Village Council may temporarily suspend a Medical Mari-
SECTION 9. MINIMUM OPERATIONAL STANDARDS OF SAFETY censing Act, the Marihuana Tracking Act and the general rules of huana Facility License without a hearing if the Village Council
COMPLIANCE FACILITY the Department of Licensing and Regulatory Affairs, as they may finds that public safety or welfare requires emergency action. The
The following minimum standards for Safety Compliance Facility shall be amended from time to time. Village Council shall cause the temporary suspension by issuing
apply: (B) Consumption and/or use of marihuana shall be prohibited at a a Suspension Notice by majority vote of members present and
(A) The Safety Compliance Facility shall comply at all times and in all storage facility of a Secure Transporter. voting thereon in connection with institution of proceedings for a
circumstances with the MMMA and Medical Marihuana Facilities (C) Storage of marihuana by a Secure Transporter shall comply with Hearing;
Licensing Act or applicable State laws, and the general rules of the following: (E) If the Village Council temporarily suspends a license without a
the Department of Licensing and Regulatory Affairs, as they may 1. The storage facility shall be continuously monitored with a Hearing, the holder of the license is entitled to a hearing with-
be amended from time to time; surveillance system that includes security cameras. The video in thirty (30) days after the Suspension Notice has been issued.
(B) Consumption and/or use of Marihuana shall be prohibited at the recording shall be maintained in a secure, off- site location for The hearing shall be limited to the issues cited in the Suspension
facility; a period of fourteen (14) days. Notice.
(C) The premises shall be open, at all times, to any Michigan Medi- 2. The storage facility shall not be used for any other commercial (F) If the Village Council does not hold a hearing within thirty (30)
cal Marihuana Licensing Board investigators, agents, auditors, or purpose. days after the date of suspension was issued, then the suspend-
police, without a warrant and without notice to the licensee, enter 3. The storage facility shall not be open or accessible to the gen- ed license shall be automatically reinstated and the suspension
the premises, offices, facilities, or other places of business of a eral public. vacated.
licensee, if evidence of compliance or noncompliance with the 4. The storage facility shall be maintained and operated so as
MMMA and Medical Marihuana Facilities Licensing Act or appli- to comply with all state and local rules, regulations and ordi- SECTION 16. EFFECTIVE DATE
cable state laws is likely to be found and consistent with constitu- nance. This Ordinance shall take effect thirty (30) days from the date of its
tional limitations, for the following purposes: 5. The storage facility shall be open at all times to any Michigan publication, and all Ordinances or a part of Ordinances in conflict with
1. To inspect and examine all premises of Medical Marihuana Medical Marihuana Licensing Board investigator or police offi- this Ordinance shall be repealed.
Facilities. cers, without a warrant and without notice to the holder of the
2. To inspect, examine, and audit relevant records of the licensee license, enter the premises, offices, facilities or other places Adopted and passed by the Chesaning Village Council the 20th day
and, if the licensee or any managerial employees or employ- of business of a licensee, if evidence of compliance or non - of June, 2017.
ees fails to cooperate with an investigation, the investigator compliance with the MMMA and Medical Marihuana Facilities
may impound, seize, assume physical control of, or summarily Licensing Act or applicable state laws is likely to be found and Joseph Sedlar, Jr., President
remove from the premises all books, ledgers, documents, writ- consistent with constitutional limitations for the following pur- Tina Powell, Clerk
ings, photocopies, correspondence, records, and videotapes, poses:
including electronically stored records, money receptacles, or i. to inspect and examine all premises of Medical Marihuana
equipment in which the records are stored as well as any other Facility
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