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HomeMy WebLinkAboutMM Commission-OrdinanceCity of Lansing, Michigan Ordinance 1217 – Medical Marihuana Commission 1300.3 – ESTABLISHMENT OF THE MEDICAL MARIHUANA COMMISSION; MEMBERSHIP; CHAIRPERSON; MEETINGS (A) THE MEDICAL MARIHUANA COMMISSION IS HEREBY ESTABLISHED. THE COMMISSION SHALL CONSIST OF FIVE (5) MEMBERS, WHO SHALL BE APPOINTED BY THE MAYOR WITH THE CONSENT OF CITY COUNCIL. MEMBERS SHALL SERVE FOR TERMS OF OFFICE OF THREE (3) YEARS. FOR THE INITIAL APPOINTMENTS TO THE COMMISSION, ONE MEMBER SHALL SERVE FOR A TERM OF ONE (1) YEAR, TWO MEMBERS SHALL SERVE FOR A TERM OF TWO (2) YEARS, AND TWO MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS. (B) THE MEMBERS OF THE COMMISSION SHALL INCLUDE THE FOLLOWING: (1) FOUR (4) MEMBERS, ONE FROM EACH WARD OF THE CITY; MEMBER RECOMMENDATIONS MAY BE MADE TO THE MAYOR BY THE COUNCIL PERSON IN EACH WARD; (2) ONE (1) AT LARGE MEMBER WHO IS A RESIDENT OF THE CITY. MEMBER RECOMMENDATIONS MAY BE MADE TO THE MAYOR BY THE AT- LARGE COUNCIL PERSONS. (3) EACH MEMBER SHALL BE A RESIDENT OF THE CITY. (C) THE CHAIRPERSON OF THE COMMISSION SHALL BE ELECTED ANNUALLY BY A MAJORITY VOTE OF THE MEMBERS OF THE COMMISSION. THE COMMISSION MAY MEET AT SUCH TIMES AS THE COMMISSION MAY DETERMINE OR AS OTHERWISE REQUIRED IN THIS CHAPTER. THE COMMISSION SHALL ADOPT AND FILE ITS OWN RULES OF PROCEDURE IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 5-105 OF THE LANSING CITY CHARTER. THE COMMISSION SHALL MAINTAIN A WRITTEN RECORD OF ITS PROCEEDINGS AND ACTIONS WHICH SHALL BE AVAILABLE FOR PUBLIC INSPECTION, SHOWING THE ACTION OF THE COMMISSION AND THE VOTE OF EACH MEMBER UPON EACH QUESTION CONSIDERED. ALL MEETINGS OF THE COMMISSION SHALL BE HELD IN CONFORMANCE WITH THE MICHIGAN OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 ET SEQ. THE PHYSICAL PRESENCE OF THREE (3) MEMBERS SHALL CONSTITUTE A QUORUM FOR COMMISSION MEETINGS. A MAJORITY VOTE OF MEMBERS PHYSICALLY PRESENT AT A DULY CONVENED MEETING OF THE COMMISSION, A QUORUM BEING PRESENT, SHALL BE NECESSARY FOR ANY ACTION. ELECTRONIC OR TELEPHONIC PRESENCE SHALL NOT CONSTITUTE PHYSICAL PRESENCE; NOR SHALL ANY SUCH MEANS BE UTILIZED FOR VOTING OR DECISION MAKING PURPOSES. (D) NO VOTING MEMBER OF THE COMMISSION SHALL HOLD ANY OTHER PUBLIC OFFICE OR PUBLIC EMPLOYMENT IN ANY LOCAL UNIT OF GOVERNMENT SUPPORTED BY LANSING PROPERTY TAXES IN WHOLE OR IN PART. NO MEMBER OF THE COMMISSION SHALL HAVE ANY DIRECT FINANCIAL INTEREST IN A MEDICAL MARIHUANA ESTABLISHMENT. (E) THE COMMISSION SHALL REVIEW AND DECIDE ALL APPEALS THAT ARE FORWARDED TO IT BY THE CITY CLERK UNDER THIS CHAPTER. THE COMMISSION’S REVIEW OF AN APPEAL SHALL NOT BE DE NOVO. THE COMMISSION SHALL ONLY OVERTURN, OR MODIFY, A DECISION OR FINDING OF THE CLERK IF IT FINDS SUCH DECISION OR FINDING TO BE ARBITRARY OR CAPRICIOUS AND NOT SUPPORTED BY MATERIAL, SUBSTANTIAL, AND COMPETENT FACTS ON THE WHOLE RECORD CONSIDERED BY THE CLERK IN ARRIVING AT SUCH DECISION OR FINDING. (F) THE COMMISSION MAY PROPOSE CHANGES TO THIS CHAPTER TO THE CITY COUNCIL AND MAY RECOMMEND RULES AND REGULATIONS RELATED TO THIS CHAPTER FOR COUNCIL APPROVAL. (G) THE CHIEF OF POLICE (OR A DESIGNEE), THE CHIEF OF THE FIRE DEPARTMENT (OR A DESIGNEE) AND THE DIRECTOR OF PLANNING AND NEIGHBORHOOD DEVELOPMENT (OR A DESIGNEE) SHALL SERVE AND ADVISE THE COMMISSION IN AN EX OFFICIO NON-VOTING CAPACITY. 1300.15(C) APPEAL OF DENIAL OF AN APPLICATION OR REVOCATION OF A LICENSE: THE CITY CLERK SHALL NOTIFY AN APPLICANT OF THE REASON(S) FOR DENIAL OF AN APPLICATION FOR A LICENSE OR LICENSE RENEWAL OR FOR REVOCATION OF A LICENSE OR ANY ADVERSE DECISION UNDER THIS CHAPTER AND PROVIDE THE APPLICANT WITH THE OPPORTUNITY TO BE HEARD. ANY APPLICANT AGGRIEVED BY THE DENIAL OR REVOCATION OF A LICENSE OR ADVERSE DECISION UNDER THIS CHAPTER MAY APPEAL TO THE CITY CLERK, WHO SHALL APPOINT A HEARING OFFICER TO HEAR AND EVALUATE THE APPEAL AND MAKE A RECOMMENDATION TO THE CLERK. SUCH APPEAL SHALL BE TAKEN BY FILING WITH THE CITY CLERK, WITHIN 14 DAYS AFTER NOTICE OF THE ACTION COMPLAINED OF HAS BEEN MAILED TO THE APPLICANT’S LAST KNOWN ADDRESS ON THE RECORDS OF THE CITY CLERK, A WRITTEN STATEMENT SETTING FORTH FULLY THE GROUNDS FOR THE APPEAL. THE CLERK SHALL REVIEW THE REPORT AND RECOMMENDATION OF THE HEARING OFFICER AND MAKE A DECISION ON THE MATTER. THE CLERK’S DECISION MAY BE FURTHER APPEALED TO THE COMMISSION IF APPLIED FOR IN WRITING TO THE COMMISSION NO LATER THAN THIRTY (30) DAYS FROM THE CLERK’S DECISION. THE REVIEW ON APPEAL OF A DENIAL OR REVOCATION OR ADVERSE ACTION SHALL BE BY THE COMMISSION PURSUANT TO SECTION 1300.3. ANY DECISION BY THE COMMISSION ON AN APPEAL SHALL BE FINAL FOR PURPOSES OF JUDICIAL REVIEW. THE CLERK MAY ENGAGE PROFESSIONAL EXPERTS TO ASSIST WITH THE PROCEEDINGS UNDER THIS SECTION 1300.15.