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File #: 19-2102    Version: 1 Name: 12/2/19 Marijuana Permit Competitive Process
Type: Resolution Status: Passed
File created: 12/2/2019 In control: City Council
On agenda: 12/2/2019 Final action: 12/2/2019
Enactment date: 12/2/2019 Enactment #: R-19-539
Title: Resolution Regarding the Michigan Regulation and Taxation of Marihuana Act "Competitive Process" for Adult Use Retailers, Designated Consumption Establishments, and Microbusinesses
Title
Resolution Regarding the Michigan Regulation and Taxation of Marihuana Act "Competitive Process" for Adult Use Retailers, Designated Consumption Establishments, and Microbusinesses
Memorandum
Staff recommends that City Council not establish a "competitive process", which is referred to in the Michigan Regulation and Taxation of Marihuana Act, for the adult use retailers, designated consumption establishments, and microbusinesses, the operation of which the City ordinance establishes a maximum of 28 to operate in the City of each type. The City has an existing process that was established in 2017 for medical marijuana provisioning centers, which now applies also to adult use retailers, designated consumption establishments, and microbusinesses. Staff have determined that the City's existing process may constitute a "competitive process" as referred to in the MRTMA.
Staff
Reviewed by: Kristen D. Larcom, Senior Assistant City Attorney
Body
Whereas, On November 6, 2018, the Michigan electorate passed an initiative known as the Michigan Regulation and Taxation of Marihuana Act ("MRTMA"), which legalized marijuana for persons who are at least 21 years old and also provided for the following adult use establishments: (1) retailer (business where persons 21 or older may purchase marijuana); (2) designated consumption establishment; (3) microbusiness; (4) grower; (5) secure transporter; (6) processor; and, (7) safety compliance facility.

Whereas, On October 7, 2019, the Ann Arbor City Council determined to allow adult use marijuana establishments to operate in the City as authorized by the MRTMA by passing amendments to Chapter 96 related to City permits for adult use establishments ("the permit ordinance") and to Chapter 55 related to zoning for adult use establishments ("the zoning ordinance");

Whereas, The permit ordinance allows for a maximum of 28 retailers, 28 microbusinesses, and 28 designated consumption establishments to obtain a City permit to l...

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