ESTABLISHMENTS AND MEDICAL MARIHUANA FACILITIES ORDINANCE
(ORDINANCE NO. 241 ADOPTED SEPTEMBER 28, 2021)
VILLAGE OF MARCELLUS CASS COUNTY, MICHIGAN
ORDINANCE NO. 251
Adopted: June 11, 2024
Effective: July 20, 2024
The Village of Marcellus having previously adopted an ordinance to allow recreational and medicinal marihuana sales and otherwise use in the Village of Marcellus in Ordinance 241 and now needing to amend Ordinance No. 241 for several reasons, including an update to the Village Zoning Ordinance (being Ordinance No 249), potential enforcement mechanisms for violation of Ordinance No. 241 and add further timeliness for the pre-conditional application process.
WHEREFORE, THE VILLAGE OF MARCELLUS ORDAINS:
Section 1. Updated Zoning Classifications
 I.         Ordinance No. 241 is amended to reflect the subsequently amended Village Zoning Ordinance No. 249. Ordinance No. 241, Section VIII(a)(i) thereof is hereby repealed and replaced with:
(i) As provided in Village Zoning Ordinance, being Ordinance No. 249, Section 14.03 et seq.,
- Ordinance No. 241 is hereby amended to reflect said subsequently amended Village Zoning Ordinance No. 249. Ordinance No. 241, Section VIII(a)(ii) thereof is hereby repealed and replaced with:
(ii) As provided in Village Zoning Ordinance, being Ordinance No. 249, Section 15.03 et seq.
- Ordinance No. 241 is amended to reflect the subsequently amended Village Zoning Ordinance No. 249. Ordinance No. 241, Section VIII(a)(iii) thereof is hereby repealed and replaced with:
(iii) As provided in said Village Zoning Ordinance, Section 16.03Â et seq.
Section 2. Application for Authorization
Ordinance No. 241, Section IV – Application for Authorization is amended and Section IV(a) and (c) are hereby repealed and replaced with:
(a) Required Application Materials. An application is not considered complete until all of the following are received by the Village Clerk. An application must include all the following documents and all documents must be submitted within 60 days of remitting the non-refundable fee per license in subsection (1). The Village Clerk has the discretion to extend the 60-day deadline for good cause.
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(c) Conditional Authorization. Upon receipt of a timely, complete and accurate application, the Village Clerk shall determine the applicant is conditionally authorized. The Village Clerk shall deny any application that is incomplete and untimely pursuant to subsection (a).
Section 3. Notification
Ordinance No. 241, Section VII – Violations is hereby amended and sub-Sections (f) and (g) are hereby added:
(f) An authorized facility or establishment shall notify the Village Clerk within 24 hours of becoming aware of, or within 24 hours of when the authorized facility or establishment should have become/been aware of, the theft or loss of any marihuana product or criminal activity at the marihuana business. Failure to notify could result in a violation of Ordinance No. 241 and this ordinance.
(g) An authorized facility or establishment shall notify the Village Clerk within 24 hours of any notice of violation or investigation or any potential violations of any statute or administrative rules or any sanctions or discipline issued by the Michigan Regulatory Agency, MRA or CRA, or any other law enforcement entity.
SEVERABILITYÂ
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, word, section, or provision is declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.Â
PUBLICATION, ADOPTION and EFFECTIVE DATE
As required, this Ordinance was adopted by the Marcellus Village Council meeting held on June 11, 2024, and shall take effect 30 days after the date of its publication on July 20, 2024.
Date: 6-11-2024Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Jacqueline A. Terrill, Â Village Manager/Clerk
Date: 6-11-2024Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Dennis Irwin, Village President
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