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HomeMy WebLinkAbout2018.08.2.MM Commission PacketLansing City Clerk’s Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov City of Lansing Medical Marihuana Commission Thursday, August 2, 2018 2 p.m. 124 W Michigan Avenue City Clerk Conference Room, 9th Floor Meeting Agenda 1. Call to Order 2. Approval of the Agenda 3. Approval of Minutes 4. Commission Appeal Hearings Appeals are heard following the approved Medical Marihuana Commission Appeal Hearing Format Great Lakes Wellness Solutions – MLK Parcel #33-01-01-32-451-531 Cap City Medication Station – 3301 Capital City Blvd First Class, Inc. – 4215 N Grand River Avenue 5. Excused Absences 6. Public Comment 7. Adjournment Chris Swope Lansing City Clerk MINUTES City of Lansing Medical Marihuana Commission SPECIAL MEETING July 26, 2018 – 2:00 P.M. City Clerk 9th Floor Conference Room 124 West Michigan Avenue The meeting was called to order at 2:00 PM. BOARD MEMBERS PRESENT: Tracy Winston - Chair Brockton Feltman - Vice Chair Jason Peek Anita Turner John Addis A QUORUM WAS PRESENT STAFF PRESENT: Chris Swope, City Clerk Brian Jackson, Chief Deputy City Clerk Deb Biehler, Office of the City Clerk Amanda O’Boyle, Office of the City Attorney Jim Bennett, Office of Building Safety APPROVAL OF AGENDA: Moved – Anita Turner Second – Brockton Feltman MOTION CARRIED APPROVAL OF MINUTES: Moved – John Addis Second - Jason Peek MOTION CARRIED COMMISSION APPEAL HEARINGS: Appeals are heard following the approved Medical Marihuana Commission Appeal Hearing Format 1. Huron Wellness and Solutions LLC – 3812 S Martin Luther King Jr Blvd Moved by Brockton Feltman to uphold the decision of the Clerk Second Anita Turner MOTION CARRIED UNANIMOUSLY 2. Superior Wellness Solutions LLC – 5716 S Pennsylvania Avenue Suite B Moved by John Addis Second Anita Turner MOTION CARRIED UNANIMOUSLY EXCUSED ABSENCES: None PUBLIC COMMENT: None ADJOURNMENT: 2:47 PM Approved: 4/20/18 City of Lansing Medical Marihuana Commission Appeal Hearing Format I. Appeal packet provided to Commission and Appellant prior to meeting including: • The Hearing Officer Appeal Packet Copy with decision • 2nd Denial Letter outlining how to appeal to Commission • Applicant’s appeal to commission with supporting documentation -Packet is read by the Commission in advance of meeting -Clarification Questions by Commission 10 Minutes II. Clerk’s Office Presents Case -Time Allowance: 10 Minutes III. Appellant Presents Their Case or Counter Arguments -Time Allowance: 10 Minutes IV. Closing Summary of Clerk’s Case -Time Allowance: 5 Minutes V. Closing Summary of Appellant’s Case -Time Allowance: 5 Minutes VI. Deliberation/Questions by Commission V. Decision by Commission Timeline Great Lakes Wellness Solutions Parcel #33-01-01-32-451-531 Lansing, Michigan 48906 December 15, 2017 -Application submitted with Sanitation & Waste Disposal ..... 1 December 211 2017 -Department Review of Applications Begins February 3, 2018 -Building Safety Denial -Sanitation & Waste Disposal Plan ....... 8 February 5, 2018 -Denial Letter sent from Office of Clerk ......................................... 9 February 13, 2018-Statement of Correction submitted by applicant .................. 10 March 10, 2018 -Building Safety Denial of submitted correction .......................... .54 March 15, 2018 -Second Denial Letter sent from Office of Clerk ........................... 55 March 29, 2018 -Appeal submitted .......................................................................... 58 April 10, 2018-Building Safety Denial Explanation ................................................... 76 May 1, 2018 -Appeal to Hearing Officer May 14, 2018 ~Hearing Officer Denial ....................................................................... 78 May 17, 2018 -Hearing Officer Denial Letter ............................................................. 80 June 14, 2018 -Commission Appeal submitted ......................................................... 82 7 grams (V.. oz) 14 grams (IA oz) 28 grams (Full oz) Bulk medicine will be bagged and labeled for record keeping. The labels will include the MJ Freeway Batch Number to view Vendor information. As medicine is distributed from the bulk packaging, our inventory control system powered by MJ Freeway, will update current batch quantities/keep record of our transactions. MMJ MUST NEVER BE STORED WITH FLAMMABLE OR HARMFUL CHEMICALS/MATERIALS. The MJ Freeway generates a label for our patients1 medications and will be on front of the packaging. Labeling will include the official Michigan Department of LARA warning labels to avoid the potential of any unlawful use or access by children as well as the patients corresponding database patient profile number, their state issued Qualifying Patient Registry Identification Number, and the batch number of the marijuana purchased, the amount, the strain, the date of harvest and the date of purchase. Labels will include: • facility Registration ID # • AmoW1t/Strain and batch # of MMJ • LARA Warning Statement • If not cultivated by the facility, the label will designate by which grower it was cultivated. • Date of manufacture, harvest, or sale. • List of chemical additives, non organic pesticides, herbicides, and fertilizers used in cultivation/production. • The acceptance or denial of Education Materials (denied or accepted) • Registry TD of the receiving Patient and/or designated caregiver. It is always priority to utilize MJ Freeway automated receipts and labels and all transactions must be co11ducted via secure electronic device BY THE SELLER or via telephone by anot~er Agent. If the Agent cannot ru11 the Michigan Department of LARA system, YOU CANNOT COMPLETE THE TRANSACT/ON. If a11othcr Age11t records the transaction ;,, Michigan Deparl111e11t of LARA on your behalf, you 'II be required to note this 011 the respective trip pla11. 7. Sa11itatio11 Plan, Proper Storage a11d Safety in tire Facility -1300.5(18) (a) A grower/processor/provision facility shall maintain its facility in a sanitary condition to limit the potential for contamination or adulteration of the medical marijuana grown, processed, or dispensed in the facility. The following apply: (i) Equipment and surfaces, including floors, counters, walls and ceilings, shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the United States Environmental Protection Agency, in accordance with the instructions printed on the label. Equipment and utensils shall be so designed and of such material and workmanship as to be capable of being adequately -1-23 GLWS cleaned and sanitized. (ii) Trash shall be properly removed. (iii) Floors, walls and ceilings shall be kept in excellent condition. (iv) Equipment, counters and surfaces for processing and dispensing must be food grade quality and may not react adversely with any solvent being used. (v) Adequate protection against pests shall be provided through the use of integrated pest management practices and techniques that identiy and manage plant pathogens and pest problems, and the regular disposal of trash to prevent infestation. (vi) Toxic cleaning compounds, sanitizing agents, solvents used in the growing and processing of medical marijuana, and pesticide chemicals must be labeled and stored in a manner that prevents contamination of seeds, immature medical marijuana plants, medical marijuana plants and medical marijuana, and in manner that otherwise complies with other applicable laws and regulations. (b) An employee working in direct contact with medical marijuana is subject to the restrictions on food handlers (relating to restrictions on food handlers). An employee shall otherwise confonn to sanitary practices while on duty, including the following: (1) Maintaining adequate personal hygiene. (2) Wearing proper clothing, including gloves (3) Washing hands thoroughly in an adequate hand-washing area before starting work and at any other time when hands may have become soiled or contaminated. ( 4) Refraining from having direct contact with marijuana if the person has or may have an ilness, open lesion, including boils1 sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected. (c) A grower/processor/provisioning center shall provide its employees and visitors with adequate and convenient band·washing facilities furnished with running water at a temperature suitable for sanitizing bands. The followjng apply: (i) Hand washing facilities must be located in processing areas and where good sanitary practices require employees to wash and sanitize their hands. (ii) Effective non toxic sanitizing cleansers and sanitary towel service or suitable drying devices shall be provided (d) A grower/processor/provision shall provide its employees and visitors with adequate, readily accessible lavatories that re maintained in a sanitary condition and in good repair. (e) A grower/processor/provision shall ensure that its facility is provided with a water supply sufficient for its operations which shall be derived from a source that is a public water system, or a nonpublic system that is capable of providing a safe, potable and adequate supply of water to meet the operation needs of the facility. (f) A grower/processor/provisioner shall comply with all other applicable State and local building code requirements intended for storage, sanitation, and safety. -2-24 GLWS Basic Storage and Access Requirements 1300.9 (F) (G) The following basic storage requirements apply to all hazardous chemicals including medical marijuana. Storage Area Requirements: ./ All activity related to the provisioning center1 grower, processor, safety compliance facility, and/or secure transporter facility shall be done indoors . ./ All storage of medical marijuana shall be out of the view of the public and in locked, vaults and safes with a minimum fire rating of 1-hour. Vaults and safes will be located in designated storage areas only accessible by the facilities qualified and registered employees and only after gaining authorized key agreements for specified personnel. ./ 1300.9 {F) All Medical Marihuana Storage areas within the provision center must be separated from any customer/patient areas by a PERMANENT BARRlER. Unless permitted by the mrnrna, no medical marihuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical marihuana MAY BE displayed in a sales area ONLY if permitted by the MMFLA. PUBLIC OR COMMON AREAS OF THE MEDICAL MARinJANA provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from restricted or non-public areas of the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility by a PERMANENT BARRIER. NO medical marijuana is pennittcd to be stored, displayed, or transferred in an area accessible to the general public . ./ALL medical marijuana storage areas within the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from any customer/patient areas by a permanent barrier. Unless permitted by the mmfla, no medical marijuana is permitted to be stored in an area accessible by the geoeral public or registered customers/patients. Medical Marijuana may be displayed in a sales area only if permitted by the mmfla and local gov't agency . ./1300.9 CG) Any usable medical marijuana remaining on the premises of a medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility, while the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility is not in operation shall be secured in a safe permanently affixed to the premise . ./All storage areas will have designated signs indicating the limited access to specified facility agents only . ./ The dispensing floor will only be accessible by patients upon after completion of a registered patient profile under the facilities patient management system gathering all required data but not limited to: A photocopy of the patients Registry Identification Cards name, address, and date of birth of the qualifying patient; name, address, and date of birth of the primary caregiver, if any, of the qualifying patient; date of issuance and expiration date of the registry identification card: a rand.om identification number; A photograph, if the department requires one by rule; and a clear designa,tion showing whether the primary caregiver or the qualifying patient will be allowed under state law to possess the m11rijua11a plants (determined based solely on the qualifying patient's preference). and witb verification of State's electronic system, and only after being checked-into the facilities patient -3-25 GLWS management system and verifying that the patient is eligible to purchase marijuana and has not exceeded his/her patient allotment by LARA's system . ../Label storage areas according to the type of chemical family or hazard classification found there . ../ All storage, processing, breaking down of product, will be done in a separate room out-side of public view and the dispensing floor . ../ Inspect storage areas at least annually, as required by OSHA . ./ Keep aisles, hallways, doorways, exits, and entryways clear . ../ Keep storage areas well lit, appropriately ventilated, and at a consistent, cool temperature . ../ All storage areas will be properly ventilated and air-filtered to the highest degree ./Eliminate ignition sources such as open flames, heat sources, or direct sunlight. ../ Keep emergency equipment such as fire extinguishers handy and in good working order . ../ Confine chemical storage areas so that leaks or spills are controlled. Prevent chemicals from running down sink, floor, or storm water drains. Clean up spills and drips immediately. Ventilation Policies -1300.90) The facility shall not operate in a manner creating noise, dust, vibration, glare, fumes or odors detectable to nonnal senses beyond the boundaries of the property on which the Provisioning Center is operated or any other nuisance that hinders the public health, safety and welfare of the residents of the City of Lansing. Exhaust fans will be installed that will provide a minimum of l 0 air changes an hour. The exhaust system shall have a means of replacing the exhausted air with makeup air. Either interlocked mechanically or negative pressure natural ventilation. Calculations will be required on the plans to show that the exhaust system will be creating a negative pressure in the business so as to draw in fresh ventilation air. A note will be added to the plans stating that an air balance report will be required to show compliance with the approved plans. The complete report, including a statement of compliance on company letterhead from the entity designated by the design engineer shall include a wet-stamp and wet signature. The inlet of each exhaust will have a carbon filter installed. The filters will have a replacement schedule of monthly. Owner/Operator shall maintain written service records and provide them to the Authority Having Jurisdiction (AHJ) upon request. Each exhaust fan will be independently ducted out through the roof of the business. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To ensure that the workplace is safe for staff, visitors, and patients by ensuring that all chemicals are stored and handled in the safest and most secure way possible. -4-26 GLWS IMPLEMENTATION: BEFORE YOU START: TRAlNING AND INFORMATION A staff member must undertake training in: First aid Safety procedures in case of accidents . Posters about the use of chemicals should be placed on the walls where chemicals are stored and decanted in order to educate staff and visitors to the Service. REMEMBER: All potentially dangerous products must be clearly labelled and stored independently of all medication -Put a dangerous goods label on containers that require them. -Storage areas must be clearly labelled. -No chemicals are to be stored on the floor. -Store containers at a height that makes them easily accessible for decanting, but not so high that they pose a risk when they are lifted down. Wherever possible use non-hazardous products in preference to hazardous products eg use a non-toxic sanitation cleaner rather than a toxic cleaner like bleach, It is important to discuss the dangers of certain products. NEVER: Store chemicals, in a soft drink bottle or other food or drink container. Mix chemicals. All preparation is to take place in a specific preparation area separated by barrier from public access areas. IF AN ACCIDENT HAPPENS IF A SPILLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FIRST AID PROCEDURES ON THE MSDS IF A PATIENT OR WORKER INGESTS ANY CHEMICAL CALL THE POISONS INFORMATION SERVICE CALL 13 11 26 COMPLETE AN "Incident and Accident Record Form" BE INFOru\mD ALL EMPLOYEES NEED TO BE FAMILIAR WITH THE CHEMICAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous particularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also burn the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. Many pesticides are also toxic. Petrol or two-stroke petrol-oil mix used in lawnmowers can bum skin, damage eyes and -5-27 GLWS be a fire hazard wiless stored properly. Some adhesives can cause serious damage to eyes and skin and the fumes can be toxic. INFORMATION ABOUT CHEMICALS: Each program must have Material Safety Data Sheets (MSDS) for the materials in use. MSD Sheets must be located in plastic sleeves alongside the chemicals in the storage areas. A copy of each MSD Sheet and a Chemical Register must also be kept in the office. The manufacturer or supplier is required by law to make adequate information available. WHAT DOES THE MSDS CONTAIN? Each MSDS details: the chemical ingredients; its effects on health when swallowed, inhaled, splashed into the eye or spilled on the skin; precautjons to be followed when using the chemical; infonnation on safe handling and storage. WHAT TO DO WHEN USING CHEMICALS: When using any chemicals: Read the MSDS. Follow the manufacturer's instructions for use on the label. Be aware of potential hazards. Read first-aid instructions on the container. Make sure that chemical containers are correctly labelled. Use the appropriate and approved personal protective equipment such as gloves, aprons, goggles and respiratory protections such as masks when using the chemical. The appropriate equipment will be listed in the MSDS. General sanitation in the faclllty Discard trash In the appropriate waste cans: Regular Trash, Recycle, and Chemical Waste I Hazardous Disposal. Marijuana material waste/ hazardous and other waste separate. Sweep/mop floors dally and wash away dirt and dust. Trash taken out dally. No trash is to be left In any trashcan with the facility after hours. Remove trash to dumpster and plant waste/soil to proper waste/disposal area.IF UNABLE to dispose of marihuana plant materia l waste before close of business day, all !llarihuana plant material waste is to be stored, locked In the safe or vault. All rooms, areas and surfaces sanitized and cleaned dally. Eacili~ Cleaning And Sanitation Standards • All employees must wash their hands prior to returning to work If they've used the restroom or handled any sort of facility trash and/or waste, If you use the bathroom, use the provided handwashlng sink in that bathroom before exiting. If you have handled and other sort of facility trash and or waste, wash hands In the provided hand washing sink In the water heater room, directly to the right when passing through the doorway into the dispensing room. • Medical Marijuana must be properly stored and handled carefully to avoid any contamination. • Refuse/Waste must be removed from the facility at least every 24 hours. • All Medlcal Marijuana Equipment including scales and surfaces must be cleaned daily. • All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, knives, saws, -6-28 GLWS cleavers, other utensils, or the machinery used in moving, handling, cutting. chopping, mixing, canning, packaging or other processes are cleaned daily. • All stored edlble food products must be securely covered. • When handling MMJ and or/Infusing products Agents must wear sanitary Gl<;>ves, keep fingernails trimmed and free of polish or chemicals, wears clean and protective clothing. • If you ever see that MMJ has been contaminated, please advise the Medical Director and dispose of material if necessary • Wash again after touching body parts other than clean hands/exposed arms Chemicals Great lakes Wellness Solutions will implement an all ''green cleaning" method in which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the Green Buy Award Program . However, treat all of them with extreme caution, Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored In a cool, dry, dark, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. List of all Chemicals to be used in Provisioning Center: l . lsopropyl Alcohol 2, Chemicals which have "LOW voe or NO VOC": Products certified and labeled by United States Environmental Protection Agency {EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial/ Sanitation Wipes 4. Bleach 5. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and ftrst aid kit are located. If in doubt, ask the supervisor. No smoking In or around when chemlcals are stored, mixed, or used. No eating In or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, In a container, or bag. 8. Audits The individual designated in subsection (A) shall conduct and document an audit of the facility's -7-29 GLWS Name of Establishment I-Establishment OBA (If Known) GREAT LAKES WELLNESS SOLUTIONS LLC Establishment Address City State PARCEL #33·01·01·32451·531 S M L KING Lans(ng Ml JR BLVD Medical Marlhuana Provisioning Center Applfcatio.n OFFICAL USE ONLY February 3, 2018 CONDITIONAL DENIAL Building Review: Conditional Approval -Building Approval subject to plan review and permitting of the proposed new building; field inspection, and approval of structure for compliance with the Michigan Building, Electrical, Mechanical, and Plumbing Codes. Per Emergency Rule 26 (3) the facility shall not operate until the final Certificate of Occupancy has been issued by the Building Safety Office. Please note that the documents submitted for plan review and permits must contain all of the elements necessary to demonstrate compliance with Emergency Rule 8 and Emergency Rule 26. Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. Please resubmit. 7 James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 -8- February 5, 2018 Great Lakes Wellness Solutions LLC 3334 Rochester Rd #165 Troy, Ml 48083 RE: Parcel #33-01 -01 -32-451-531 Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0,4601 .7-154-79571 83994--,00.html or by phone 517-284-8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mich 9 Ave., Lansing, Ml 48933-1695 517-483-4131 $ 5~. -377-0068 FAX ww.lansinami.aov/clerk $ clerkc@fansinQmi.aov Great Lakes Wellness Solutions, LLC Gary Nakkash Waste Disposal Plan: Emergency Rule 36 (City Codified Ordinances -Chapter 1300) Parcel ID # 33-01-01 -32-451-531 S M L King Jr. Blvd Lansing, Ml 4891 O 02.13.18 -10- STATEMENT OF CORRECTION Great Lakes Wellness Solutions, LLC S Martin Luther King JR. BLVD. Lansing, Ml 48910 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 5th, 2018 • Waste Disposal Plan per Emergency Rule 36 Statement of Correction Waste Disposal Plan per Emergency Rule 36 Rule 36. Marihuana product destruction and waste management. Date Corrected: 02/07/2018 Great Lakes Wellness Solutions waste disposal plan was reviewed and determined that the waste disposal plan did not contain sufficient detail to determine compliance with the State of Michigan LARA's Emergency Rule 36, which details: "Rule 36. Marihuana product destruction and waste management". Great Lakes Wellness Solutions corrected this by adding Great Lakes Wellness Solutions Waste, Chemical & Plant Waste Disposal Plan in addition to amending its Policies and Procedures: D. Inventory Control 333.27207 Third-Pnrty Inventory Control and Trncking System -3. Disposal of U1111sable Medical Murijua11a (Pg 21-22 of Policies and Procedures ) and adding and addressing a Waste Disposal Plan in accordance and compliance with all requirements of Emergency Rule 36. Per LARA. See attached for corrective action, amended Policies and Procedures, Act 451 Part 111 and training requirements. (Enclosure/Attachment: Great Lakes Wellness Solutions Waste. Chemical & Plant Waste Disposal Plan) (Enclosure/Attachment: Great Lakes Wellness Solutions pages 21-22 of Policies and Procedures detailing Waste Disposal Plan) (Enclosure/Attachment: Great Lakes Wellness Solutions Retail Weekly Disposal Log) (Enclosure/Attachment: Act 451 of 1994 Part 111 .pdf) (Enclosure/Attachment: Michigan DEQ Selecting a Waste Transporter and Treatment, Storage, and Disposal Facility) -11- Great Lakes Wellness Solutions Waste, Chemical & Plant Waste Disposal Plan The waste disposal and chemical disposal and plant waste disposal plan for Great Lakes Wellness Solutions, LLC Is as follows. All disposal areas and dumpsters areas shall be enclosed by a decorative brick wall on three sides and a wrought iron gate to provide access by the employees and waste hauler only. This 3 sided brick trash designation area will be built and placed on the property in accordance with local ordinance requirements. The access key to the gate will only be provided to employees after they have been screened and passed by the State Department Background check and approved to work in the medical marlhuana licensed program. Dumpsters shall have a private key lock that will provide the key to only managers on site. This key will then only be distributed to lower level employees when required to take out the trash and will immediately return the key to manager on duty. It is a strictly enforced policy that when the trash is taken out by any employee, they are accompanied by another employee. We call th is the "Accounta-bili·buddy" system. No trash taken out is ever done alone by one single employee. For safety and precautionary measures from being approached outside of the facility, any waste, chemical or not, all employees are required to obtain a fellow employee to take the trash out. All chemicals will be disposed of properly and according to the Waste, Chemical & Plant Waste Disposal Plan. All waste will be disposed of in a trash receptacle, surrounded by 3 brick walls, and locked behind a wrought iron gate. See Policies and Procedures Pg 21-22 3. DispQsal of Um1sable i~fellict1/ M11rijmma (/11vc11tory Control Relative Details) Documentation of the disposal ot'mcdical mnrihuamt will be rccordl·d In the statewide nrnrtitodng sy~tl!m '-i'l'IE'J'R C' 1111cJ rcc~wdi;:d within the (\1111punies Sccd·h)·Snk sothvnrc "M.IFrc:cway" m; well ns kept via our cloud serviced -MMJ Disposal form (found on google drive). Records include information on the disposa l of medical marijuana that is not usable marijuana, including the: i. Description of and reason for the marijuana being disposed of including, if applicable, the number of failed or other unusable plants; ii. Date of disposal; iii. Method of disposal (The lii.ciliLy sht\ll dispu~e <1f' 11111rihuana prodw.:t walile in a S('curecJ waste: n::ceptade using I or more ofthc:-folk1w i11g: (n l A 1mmned and permitted solid wustc landfill. to) A rna11Mcd ~·om posi<1h!.:: 1m1k rials operation or fr1cilily. tc) An in-vessel digester (only al !he grnw lii<.:ility.) \d) ln a manner in cornpl i<rnce wi1h appl icnbl l' slate and loc:al h1Ws and rc:gul;i tk111s. ));and iv. Name and registry identification number of the facility agent responsible for the disposal; MJ FreewayTM. Every action in GramTracker™ is tied to a specific user with permission to perform that function. As per the: City of Lansing Ordinance 1217: l300.9(K) ***Disposal ofMarihuanu shall be ~12- nccomplishcd In R manner thPt prevents its ncquisition by any person who may not lawfully possess it and otherwise in non-conformance with state laws "L;\RA P.MF.RGENCY llllLF. 36'' nncJ any other· n tn{•nd 111cnts 01· emergency rules thut a1·c providcll from LA RA ns 1 he progn11n adYnnl'CS. Medical Marijuana that is deemed unfit for patients and any non usable materials will be willingly forfeited to local law enforcement to be destroyed OR may be ground for natural biodegradation within the grounds of the facility or cultivation site. The Managing Agent is responsible for disposal of medication and by products of medical marijuana. The Mannging Agent will additionally document and keep record of any and all disposals/forfeitures to local law enforcement or plant materials prepped for biodegradation. There will bo an applicable trip Jog, and disposal log for every disposal of medication. LARA may request this information at anytime. -''S Pt:r Li\ RA 's EMERG~NCY Rl ILE. .:;l.i All medical mn rihuana and re lated prod uc1 that conta ins rnarijuaril'I 1hat is J'elurneJ, trimmed. rn111;1mi1111lcd or lllhcrwisc requir¢d to be destwycd or disposed of (!.e. contu111inatio11. cic. l $hall he d1rne i11 111.::cordancl! wii:h the BMl\·1R !./\ RA's Emergency Ruic =11.i. ··,Hutf/111011.;i f"'rJf(m·t d1?.1·1ru1:1i11111.md ll'O.\'lt1 n1(1{fug111mmt."' (I J M~vilwmia pr<iduct tl111t is 1c.1 (}(' dcstrnyed or is .;onsldt•rt•d wast e must be m1dered iillo :1n unusabl.;: and unrecogni'1able ·t~irrn and n::c.:<1 rded in the st•Hewidc m(rn itori11g system. (2) The fuci lit·y ::>hull nc11 sdl marihu111rn waste or nrnrihua1rn produ~ts rlrni are lCl be d<:~1royed. or that the depnrtment orders ck~trnycd. (Sec pg l 5. D. Inventory Control J.L~.:!7207 Th ird-Porty l nvunlor~--Control and Trncking System: I. ln vonlM)' Control System: (f) l3111ch Recalls) (.'lJ The fauilir·y :-;111111 m111111gc ull wnsk that is lrnzard0us waste• pursuant 10 part I I I nf 199-1 Pf\ 45 1, MCL J24.I I IOI TO 12,1.90!06. ALL HAZARDOUS WASTE WILL BE TREl\TED !\NO DISPOSt:::D or IN CO M PLIANCE WITll t-.·fahiga11 Co111riled Lnws MCL NATURAL fU2SOURCES /\ND ENVIRONMENTAL PROTECTION ACT. ACT 451 or 19')<1. PART 11 I. HAZARDOUS WASTE MANAGEMENT. See Attached: (I) Persurmcl Trn i11i11g Require111ents for Fully Regulared Generators of HazardNJS \V;is11: (2) CC'p)' or Act 45·1 of 1994 Part 111 MCLJ24.1 I I 01 l-l;:m1rdous Wiis1e Manage111e111. (4) ·1 ho racilit)' shall dispose <if murihunnn produ~t wosle in 11 secured wa~tt' rccept<'lclt• using I or 1110rt· of thl:! i"ollowin~: (:0 A marlllcd and perm itted solid waste land fill. (h) f\ mann.::d cc1111poslnble materials opcmrion 0r l~1ciliry. tc) An in-vesse l dig.e~ter (m1ly al a grow focility.) (d) In a manner in compliance with applicable slate a11<.l l0cal l:1ws and regulations. (5) Wosrcwmcr gen .. m1ted during the c11 lrivatit1n of111arih11<1na a11d µrni:essi11g of111ari llu111111 producL~ shall be di sp0sed <:•f i11 compliar1.::.c with 11pplit·ahle Stal\! and lo..:nl laws :mcl n:gulations See Standard Operations Procedures Pg 3. -13- Chemicals Great Lakes Wellness Solutions will implement an all "green cleaning" method In which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the GreenBuy Award Program . However, treat all of them with extreme caution. Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dark, locked storage cabinets In designated storage rooms. No food or beverages shall be stored in toilet rooms or In an area exposed to a toxic material. List of all Chemicals to be used in Provisioning Center: 1. lsopropyl Alcohol 2. Chemicals which have "LOW VOC or NO VOC": Products certified and labeled by United States Environmental Protection Agency (EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial I Sanitation Wipes 4. Bleach 5. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and first aid kit are located. If In doubt, ask the supervisor. No smoking in or around when chemicals are stored, mixed, or used. No eating In or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, In a container, or bag. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To ensure that the workplace is safe for staff, visitors, and patients by ensuring that all chemicals are stored and handled in the safest and most secure way possible. IMPLEMENT A TI ON: BEFORE YOU START: TRAINfNG AND INFORMATION A staff member must undertake training in: First aid Safety procedures in case of accidents . Posters about the use of chemicals should be placed on the walls where chemicals are stored and decanted in order to educate staff and visitors to the Service. -14- REMEMBER: All potentially dangerous products must be clearly labelled and stored independently of all medication -Put a dangerous goods label on containers that require them. -Storage areas must be clearly labelled. -No chemicals are to be stored on the floor. -Store containers at a height that makes them easily accessible for decanting, but not so high that they pose a risk when they are lifted down. Wherever possible use non-hazardous products in preference to hazardous products eg use a non-toxic sanitation cleaner rather than a toxic cleaner like bleach. It is important to discuss the dangers of certain products. NEVER: Store chemicals, in a soft drink bottle or other food or drink container. Mix chemicals. All preparation is to take place in a specific preparation area separated by barrier from pub I ic access areas. IF AN ACCIDENT HAPPENS IF A SPILLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FIRST AID PROCEDURES ON THE MSDS IF A PATIENT OR WORK ER INGESTS ANY CIIEMlCAL CALL THE POISONS INFORMATION SERVlCE CALL 13 11 26 COMPLETE AN "lncident and Accident Record Form" BE INFORMED ALL EMPLOYEES NEED TO BE FAMILIAR WITH THE CHEMICAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous pa1ticularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also burn the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. Many pesticides are also toxic. Petrol or two-stroke petrol-oil mix used in lawnmowers can burn skin, damage eyes and be a fire hazard unless stored properly. Some adhesives can cause serious damage to eyes and skin and the fumes can be toxic. INFORMATION ABOUT CHEMICALS: Each program must have Material Safety Data Sheets (MSDS) for the materials in use. MSD Sheets must be located in plastic sleeves alongside the chemicals in the storage areas. A copy of each MSD Sheet and a Chemical Register must also be kept in the office. The manufacturer or supplier is required by law to make adequate -15- information available. WHAT DOES THE MSDS CONTAIN? Each MSDS details: the chemical ingredients; its effects on health when swallowed, inhaled, splashed into the eye or spi lled on the skin; precautions to be followed when using the chemical; information on safe handling and storage. WHAT TO DO WHEN USING CHEMICALS: When using any chemicals: Read the MSDS. Follow the manufacturer's instructions for use on the label. Be aware of potential hazards. Read first-aid instructions on the container. Make sure that chemical containers are correctly labelled. Use the appropriate and approved personal protective equipment such as gloves, aprons, goggles and respiratory protections such as masks when using the chemical. The appropriate equipment will be listed in the MSDS. General sanitation In the facility Discard trash in the appropriate waste cans: Regular Trash, Recycle, and Chemical Waste I Hazardous Disposal. Marijuana material waste/ hazardous and other waste separate. Sweep/mop floors dally and wash away dirt and dust. Trash taken out dally. No trash is to be left In any trash can with the faclllty after hours. Remove trash to dumpster and plant waste/soil to proper waste/disposal area.IF UNABLE to dispose of marihuana plant material waste before close of business day, all marlhuana plant material waste is to be stored, locked in the safe or vault. All rooms, areas and surfaces sanitized and cleaned daily. Facility Cleaning And Sanitation Standards • All employees must wash their hands prior to returning to work if they've used the restroom or handled any sort of facility trash and/or waste. If you use the bathroom, use the provided handwashing sink in that bathroom before exiting. If you have handled and other sort of faclllty trash and or waste, wash hands In the provided hand washing sink In the water heater room, directly to the right when passing through the doorway into the dispensing room. • Medical Marijuana must be properly stored and handled carefully to avoid any contamination. • Refuse/Waste must be removed from the facility at least every 24 hours. • All Medlcal Marijuana Equipment including scales and surfaces must be cleaned daily. • All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, knives, saws, cleavers, other utensils, or the machinery used In moving, handling, cutting, chopping, mixing, canning, packaging or other processes are cleaned daily. • All stored edible food products must be securely covered. • When handling MMJ and or/Infusing products Agents must wear sanitary Gloves, keep fingernails trimmed and free of pollsh or chemicals, wears clean and protective clothing. • If you ever see that MMJ has been contaminated, please advise the Medical Director and dispose of material if necessary • Wash again after touching body parts other than clean hands/exposed arms -16- Chemicals Great Lakes Wellness Solutions, LLC will implement an all "green cleaning" method in wh ich all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the Green Buy Award Program . However, treat all of them with extreme caution. Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dcirk, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. List of all Chemicals to be used In Provisioning Center: 1. lsopropyl Alcohol 2. Chemicals which have "LOW VOC or NO VOC": Products certified and labeled by United Stcites Environmental Protection Agency (EPA} labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatlle organic compounds or none at all. 3. Antibacterial I Sanitation Wipes 4. Bleach S. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and first aid kit are located. If in doubt, ask the supervisor. No smoking In or around when chemicals are stored, mixed, or used. No eating in or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, In a container, or bag. Chemical spills I. Call supervisor if time allows. 2. identify the chemicals involved. 3. Follow proper procedure according to MSDS manual located in production area and/or office. 4. If unsure, or unable to locate MSDS and consult supervisor for proper procedure. 5. If supervisor Is unavailable, call Poison Control Center to request advice for cleanup at: (800) 222-1222 6. Always assume the spill is ha2ardous and wear PPE. a. In the event of fire or explosion resulting from chemical spill, refer to 'Fire' and 'Explosion' sections in this document for proper procedure. -17- 7. Contain chemical spill in appropriate containers. a. For petroleum's, oils, pesticides, and similar, use Vermiculite or Diatomaceous Earth to soak up chemical. b. Dispose of in chemical resistant container and label appropriately. c. If on-site, dispose of with Risk Management. See supervisor for appropriate procedure. 8. Label containers and then dispose of waste properly. 9. Record In logbook the nature of the accident, time, date, persons involved, location, and response taken. 10. C;:ill supervisor if not having done so already. On Site Emergency Situations Policy -18- This policy will be implemented on 10 .17 .17 Our Grow features an alarm system provided by a third party contracted company. The alarms will alert managing agents and security staff of any potential intrusion as well as alert local authorities if the alarm is not deactivated by a designated dispensary agent. Video and audio will be digitally stored on a central server for future review ensuring compliance and quality control as well as an off-site data recovery site. Great Lakes Wellness Solutions takes every measure to ensure your safety while inside the dispensary. As an employee of Great Lakes Wellness Solutions you will be required to follow our policies; 1. If you are witness to any harm done to a patient or patient's property you will; a. Not leave the dispensary (do not follow the patient outside) i. If you are outside and a situation occurs come into the dispensary immediately. b. Report immediately to your manager c. After reporting to management you will fill out an Incident report and give to a manager. d. Resume regular schedule of duties 2. If someone Is threatening you or an employee's life you will; a. Locate and press the nearest panic button i. Panic button at Register 1, 2 and 6 (attached to scanner f w/ cash drawer) II. Panic button at Host desk (underneath) iii. Panic button on lanyard In Admln Office (on wall behind door) iv. Panic button on lanyard In Storage Office (on calendar wall) b. Call the police. (Always cooperate in police Investigation and file appllcable police reporls.) c. Inform a manager, if possible. These policies are in place for your safety. If you do not follow the policies disciplinary actions will be taken. Sign below that you understand Great Lakes Wellness Solutions Emergency Situations Policies and Procedures. Employee Name (print) Employee Signature Date This form wlll be added to your personal file. -19- Great Lak~es Viellness Solllltions, LLC dba : GREENPl-IARMS Policies and Procedures 1 GLWS -20- Table of Contents "'(p11gc numbers urc approximutc dt1<.' to revisions)* A. Hours of Operation Pg. 5 B. Job Descriptions and Employment Contracts Pg. 5-12 1. Personnel Supervision 2. Training & Confidentiality 3. Perfonnance Evaluations 4. Disciplinary Actions 5. Employment Contracts C. Business Records Pg. 13-15 I. Records 2. Retention a. Method(s) b. Time-Frame D. Inventory Control 333.27207 TMrd~Party Inventory Control and Tracking System Pg. 16-32 I. Inventory Control System (a) acquiring and transfer of medical marij uana from a grower or processor; (b) for each batch of marijuana cultivated; (c) for providing marijuana to another facility; and (d) for receiving medical marijuana infused edible products from another facility. (e) Certified Laboratory Testing Results I 300.9(R) 2. Pr~cedures for Testing Contaminants -1300.5(20) 3. Disposal of Unusable Medical Marijuana (Inventory Control Relati ve Details)· I 300.9{K) ~ ''Af\·ll::NDED O'.!/llii:W IS PER RFI WASTE DISPOSAL PLAN PF.R EMERU ENCY RULE J6H 4. Designated facility Agent 5. Methods of Acquiring Medical Marijuana 6. Packaging 7. Sanitation Plan, Proper Storage and Safety in the Facility -1300.5( 18) Dasie Storage nnd Access Requirements 1300.9 (F) (G) Ventilation Policies -1300.90l STORAGE & HANDLING OF CHEMICALS POLICY General sanitation in the facility Facility Cleaning And Sanitation Standards 8. Audits 9. Records Retention a. Acquiring Medical Marijuana from a Grower of Processor b. Cultivation (Process) c. Disposal of Unusable Medical Marijuana d. For providing medical marijuana to another facility e. For receiving edible food products infused with medical marijuana from another facility 2 GLWS -21- patients/customers upon request and prominently displayed. 2. Procetlitre.~·.for Te.'itlug Co111amlm1111s -1300.5(20) Procedures for testing contaminants will be strictly enforced and follow procedures outlined by State. If the medical marihuana is grown through our own cultivation center. Product will be send via third party Transporter lo a third party Safety Compliance Facility. Where each batch of marijuana harvested will be tested for THC, CBD, along with a handful list of other various cannabinoid molecules, terpenc profiles, and contaminants, such as molds and pesticides. See attached; additional supplemental information including: "Sampling and Testing Guide for Metre" the Oregon testing procedure packet for METRC which is the exact same software system LARA has contracted with and will be using for the BMMR Program, "OHA Technical Report Contaminant Testing" a standardized process to determine what contaminants to test for, and a "Control Study Process Flow" chart showing the process in which it requires to test batches of medical marihuana. Because LARA is using the same METRC software system as Oregon, we can preswne the process will be similar, if not identical. J. Disposal of U11usabb.: J'tt/edicul Murijuunu (/11ve11lory Control Relative De/ails) -l300.9(K) Documentation oftht' displ1:;11I ufm~dicnl marihuana will be recorded in the slatewidt> nH)nihwi11g syst..:111 ·'METRC" and rei;orded within the Companie!i Seed-to-Salt: su lhvar~ "MJPreeway" llS well as kept via our cloud serviced -MMJ Disposal form (found on google drive). Records include information on the disposal of medical marijuana that is not usable marijuana, including the: i. Description of and reason for the marijuana being disposed of including, if applicable, the number of failed or other unusable plants; ii. Date of disposal; iii. Method of disposal (rendered into an unusable and umecognizable iorn1 before forfeiture to law enforcement or natural biodegradation/mixed with compost, placed in locked trash bin)); and iv. Name and registry identification number of the facility agent responsible for the disposal; MJ FreewayTM. Every action in GramTrackerTM is tied to a specific user with permission to perform that function. As per the Cit)' of Lansing Ordinnocc 1217: 1300.9(K) ***Disposal of Marihuann shall be accomplished In a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise In non-conformance with state laws "LARA EM ERG ENCY RU LE 3li'' and nny other amendments or c01(1rgcncy rules that nrc provided from LARA as the progr:1111 advnnces. Medical Marijuana that is deemed unfit for patients and any non usable materials will be willingly forfeited to local law enforcement to be destroyed OR may be ground for natural biodegradation within the grounds of the facility or cultivation site. The Managing Agent is responsible for disposal of medication and by products of medical marijuana. The Managing Agent will additionally document and keep record of any and all disposals/forfeitures to local law enforcement or plant materials prepped for biodegradation. There will be an applicable trip log, and disposal log for every disposal of medication. LARA may request this information at anytime. 21 GLWS -22- '"t /\lVIENJJl:D 0~!07/2018 Pl·:t{ RFI W1\STF DISl'O~i\I. PLI\N PER El'vll:Rtil:NCV R.ULE .~<i~·• As f>~·r LAR.A's EMEHU FNCY Rl/LE .:Hi All mcdicill marihui1m11lrn1 is 1·e1urned or otherwise. required tn be: demoycd (•l' clispl1sed lll'(i.c. co111a111ination, ~le.) sh:ill be done i11 nccordunce with thi:: UMMR LAR/\'s Emergency Ruic 36. '':\farihm1110 11rodm·t J<!stru1:/io11 a11d w,1st<? n1:'111age111t?fll." (I) !'vtarih1rnm1 product tlrnt is ((1 be dc~froyeJ or is considered waste 1n1N be 1·~ndercd inh) an 1111u!:ahlc and unrecognizable form and recorded io tht:: slntewide monitoring $}'Stem. (2) The foci lily sfrnll nol sell nrnrihuanil wast<! or marihunna producls that ~ire Lo be destroyed, or lhnt lhc department orders dcsl royed. (See pg I .'i. D. lnwnt1ll'Y Control 33.3.27:207 Thi rd-Party l11vc11l11ry Contrnl and Tracking System: I . Inventory Control System:((') Batch H.e(:alls) (3) The fac ilit y sltull mannge all wnslc lhnt i'.' hazardous waste purs11nnt 10 pmt 111 or 1994 PA -151. MCL 3'24.1110 I ·10 32·1.90 I 06. /\LL l-l1\Zi\RDOLIS WASTE WILL BE TREATED ANO DISPOSED OF IN COMP LIANCc WITH Michigiin Compiled Laws MCL NATUR1-\L RESOURCES AND EN VIRONMr:N'f'AL PROTECTION A CT. ;\CT 451 of 199-4. PART 111 . HAZ ARDOUS WASTf~ MANAGEMENT. S¢e Allnched P~rsonnel Training Requ ire1m:nts for Fully Regulated Generators of Hu.zardous Wosle and a copy of MCLJ24.1 I JO I I ln;m-rdous Wnsh:.· Management. t 4) The foci lily shall dispose or marihurnm product wuslc in n secured waste receptacle using I l)I' nwrt 11(' the following: (a) A manned nnd permitted :.;olid w:.isk landtill. (b) i\ manrwd compostable 11111terials operation or l'ncilily. (c) An in-vessel chgeskr (only at the grow facility.) (ti) lri a manner in compliance with applicable stntc nnd k1cal laws and regulations. (5) W11stewater ge11cruted during th0 c.·u lti vatiorl of marihuanu and proc1.»ssing (1 [' morihuana products shall b~ d i~posed ofi11 .::oniplittnce with applicable ~tate uml local laws ~ind regulntions 4. Deslg1111led.fucilily Agent The Managing Agent(s) is/are responsible for maintaining the inventory control system. MJ Freeway™: System administrators create and manage agents using our Manage Users features which allows unique pennissions by user role. User controls currently are Front Desk, BudTender, Grower, Store Manager and Administrator. Only agents designated manager or administrators have the ability to manipulate inventory. The account owner and manager can oversee Inventory remotely as well. Scans of any supporting documentation, such as a written designation, can be attached to the facility agent's user ID record. The managing agent will be designated to oversee Inventory Control Systems, and in their absence any Tier I Agent may oversee ICS also. 5. Methods of Acquiring Medical Mnrijunnn The facility will feature an off site cultivation site and supplemental medical marijuana will be acquired from other growers and processors. 22 GLWS -23- l.Jcetlse :Narna: --·. -·--, ·----·-Wukly Clispa .. I Log-Ptgh,~--·---· TA<ldreso: ·: Eaeh week a nltWbg -11 be ~Red. Packaging w11 be reqi..ired lo nor&ale each ...,..d 8WfY dispoMll on <this form.~ 6D in AU. b'*11cs.. Con-.,tered forms wtl be turned rnro your pad:egi:nO lea.1. Fcrdls;>os:Bb ~r 28. 1 grams-. efmil Wlh All lhe ~ lnt~•lkm needs'° be seol to rn~k:slic@igmall.axri on U:-day ~r. l'lc&se do NIOT 11~0 • shorpiel~ IO &I OUI llli5 IOlm. Co.,.,... Meltlocl or -;o111 MM.I Add~.., o1 8llldl -·---:-c.1· lo --, ---- ~~~ E1·~~'"1'..ff!ghtrui"!'~ ~-~1 ~~-~"'!"!... ~L""!'!!!!.~. ~~·I ~~.!D_. DA~J!!!!'.''*? ~.!."(I.For~~ Oi~!legi~lll' . Dispensary Regislra5ocl I~ Oi"'°nsary Rogjstrafion IDlt Oi~ensary R~lr.llian 10:: ! Cisp.;-nsa;.:, R<9istrali<>n IOt -• -· : Disponsa!Y R~1ion !O:: "S!•----....... _ ... see:bebw · seeb•'°"' -. -------: ~ -;;-_ ..... below --;·.'!.·.~~-; Dispensary Re;<stralion IOI' Cis.,."°,;.-;cy R~·~IJOn IOI - .• '. l?iSP<.~ ~ishtion 1.12!._ • CiispeMa<y RegislnlLion lDf ~"Re;l~;u.nim. - I ------·-·-·----."I==· 1"'seebe:tow .·. I "'5H btfow• -:_;.-; beicw· j_-_ ~- _ _ __ 1,JjsPe<l~_ReglM!ti~ID# __ Oispen.,ry RegiSllB!ion II» Oispe<lsory Reglwafcn llllt ··see below '"'5De:bel7# ----1 ;· .. e~ J •·seebd:l'N ..,_... "j ~-----~:!'~ 2a. !__ mus1 eogjl .as eqikined ab~.• ---i -· ----1 I ' ; -'-····--·~ ...... ~--.. -----+- --··-----· ...... - --:--·· ---·-! .~ignedbymgnt ~ ·-·--·---•-----· I -=;t N NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 PART Ill HAZARDOUS WASTE MANAGEMENT 324.11101 Meanings of words and phrases. Sec. 1110 I. For the purpose~ of Lhis parL, the words and phrases defined in sccLiCJns I 1102 Lo I 1104 have the meanings nscribed to them in those sections. History: 1994, Act 45 I. Etr. Mnr. 30, 1995. Compiler's noto: For lfflMfot of 3Uthority. powers. duties. functions. nnd responsibilities or the Waste Management Division to the Director or the Michig~n Dcp;1rtmcnt or Environmcnt~I Q11allty. sco E.R.0. No. 1995-16, compiled ai MCL 324.99901 of the Michigan Compiled Lnws. Populnr nomc: Act 451 Popular llilml!: Hnznrdous Wasta Act Populnr nnmc: NREPA 324.11102 Definitions; C to F. Sec. 11 102. (I) 11Contaminant" means any of the following: (a) Hazardous waste as defined in R 299.9203 of the Michigan administrnLivc code. (b) Any hazardous waste or hazardous constituent listed in 40 CFR part 261. appendix VTll or 40 CFR part 264, nppendix IX. (2) "Corrective action'' means un aclion determined by the department to be necessary Lo protect the public health, safety. or welfare, or the environment, and includes, but is not limited to, investigation. evaluation. clean up, removal , remediation, monitoring, containment, isolation, treatment, stornge, management, Lcrnporary relocation of people, and provision of alternative waler supplies, or any corrective ucLion allowed under the solid wasLe disposal act or regulations promulgated pursuant to that act. (3) "Designated faci lity" means n hazardous waste treatment, storage, or disposal facility that has received a permit or has interim stalUs under the solid waste disposal act or has a permit from a state authorized under section 3006 of subtitle C of lhc solid waste disposal ncL, 42 USC 6926, and which , jf located in this state, has an operating license issued under this part, has a legally binding agreement with the department that authorizes operation, or is subject to the rc.:quiremenLs of section 11123(8). (4) "Disposal" means the discharge, dcposit, injection, dumping, spilling, leaking, or placing of a hazardous waste into or on land or water in a manner thaL the hazardous waste or a constituent of the hazardous waste may enter the environment, be emitted into the air, or be discharged into water, including groundwater. (5) "Disposal facility11 means a facility or a part of a facility where mannged hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which haznrdous waste will remain after closure. (6) "Failure mode assessment" means an analysis of the potential major rneLhods by which safe handling of hazardous wastes may fail at a treatment, stornge, or disposal facility. History: 1994, Ac14SI, Err. Mnr. 30, 1995:-Ani. 2010. ActJ57, lmd. Err. D~c. 22, WIO. Compiler's noto: For trnnsfcr of authority, powers, duties, functions. nnd responsibilities or rhc Waste Manngcmcnt Division to the Director of the Michlg~n Department of J:;11viro11mcntnl Quality, sec E.R.O. No. 1995-16, compiled nt MCL 324.99901 of the Michignn Compiled l..ws. Populor name: Act 451 Pop11lqr namc1 H~urdOu$ W:utc Act Popul11r ru1mc: NkEPA 324.11103 Definitions; G to 0. Sec. 11 I 03. (I) "Generation" means the ncL or process of producing hazardous waste. (2) "Generator" means any person, by site, whose act or process produces hazardous wasw os identified or listed pursuant Lo section 11128 or whose act first causes a hazardous waste to become subject to regulation under this pnrt. · (3) "Hazardous waste" mcuns waste or a combination of wusLe and other discarded maLeriaJ including solid, liquid, semisolid, or contained gaseous material that because of its quanLity, quality, concentration, or physical, chemical , or infectious characteristics may cause or signincantly contribute lo an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness. or may Renderl!<l Friday, Fabruary 2. 2018 e Legislative Council, State ol Michigan Pago 1 -25- Michigan Compiled Laws Complete Through PA 10 cl 2018 Courtesy ofwww.legis/ature.mi.gov pose a substnntial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of. or otherwise managed. Hazardous waste docs not include material that is solid or dissolved material in domestic sewage discharge, solid or dissolved materinl in an irrigation return tlow discharge, industrial discharge that is a point source subject to permits under section 402 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 880, 33 U.S.C. 1342, or is a source, special nuclear, or by-product matel'ial as defined by the atomic energy act of 1954, chapter I 073, 68 Stal. 919. (4) ''Hazardous waste management" means the systemutic control of the c<illection. source ~eparation, storage, transportation, processing, trcotinent, recovery, recycling, ond disposal of h!izardous waste. (5) ''Landfill " means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment faci lity, a surface impoundmenl. an injection well, a sail dome formation, a snit bed formation, or an underground mine or cave. (6) "Land lrentmcnl fncility" means a lreatmenl facility ot part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. If waste will remain after closure, a facility described in this subsection is n disposal facility. (7) "Limited storage facility" mcuns a ~1orugc facili ty that mccls all of the following conditions: (a) Has a maximum storage capacity that docs not exceed 25,000 gallons of hazardous waste. (b) Stomge occurs only in tanks or conrainers, (c) Has not more than 200 containers on site that have a capacity of 55 gallons or less. (d) Does not store hazardous waste on site for more than 90 days. (e) Does not receive hnzardolls waste from a treatment, storage, or disposal facility. (8) "Manifest'' means a form approved by the department used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportalio11 from the point of generation lo lhe point of disposal. treatment, or storage . (9) "Manifest system" means the system used for identifying the quantity, composition, origin. routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, lrcutrnent, or storage. (10) ;.Mechanism" means a letter of credit, a financial test that demonstrates the financial strength of the company owning a treatment, storage, or disposal facility or a parent company gunranteeing financial assurance for a subsidiary, or an insurance policy that will provide funds for closure or postclosure care of a treatment, stomge, or disposal facility. ( 11) "Municipal solid waste incinerator" means an incinerator that is owned or operated by any person, and that meets all of the following requirements: (a) The incinerator receives solid waste from off site and bums only household waste from single and multiple dwellings, hotels. motels, and other residential sources, or burns this household waste together with solid waste from commercial, institutional , municipul, county, or industrial sources that, if disposed of, would not be required to be placed in a disposal facility licensed under this part. (b) The incinerator has established contractual requirements or other notification or inspection procedures sufficient to assure that the incinerator receives and burns only waste referred to in subdivision (a). (c) The incinerntor meets the requirements of this part and the rules promulgated under this part. (d) The incinerator is not an industrial furnace us defined in 40 C.F.R. 260.10. ( 12) "Municipal solid waste incinerator ash" means the substances remaining after combustion in a municipal solid waste incinerator. ( 13) "Municipality" means a city, village, township, or Indian tribe. ( 14) "On site" means on the same or geographically contiguous property that may be divided by a publi c or private right-of-way if the entrance and exit between the pieces of property arc al a crossroads intersection and access is by crossing rather than going along the right-of-way. On site property incl udes noncontiguous pieces of property owned by the same person but connected by u right-of-way that the owner controls and to which the public does not have access. fllstoty: t 994. Act 451, Err. Mnr. ~O. 1995. Compiler's note: For lriln$fcr nf nuthority. powel'$. duties. functions, and responsibilities of the W:i.stc Mnnngemc11t Division to the Director of tho Michigan Dcpnrtment of Environmental Qnnlily, sec E.R.0. No. 199.'l· 16, compiled nt MCL 324.99901 of the Michig.'111 Compiled L.~ws. l'opulor Dllmo: Act 451 Populnr nnmc: H;1zni'dl)U~ Was1c Act ropuli~r 1111111c: NREPA 324.11104 Definitions; Oto V. Sec. 11104. (I) ''Operator" meons the person responsible for the overall operation of a disposnl, treatm ent, Ran<1or8d F'rlelay, February 2. 2018 Page 2 Michigan Compileel Laws Complete Througfl PA 10 ol 2018 @legislative Council, State of Michigan Courtesy of www.legislature.mi.gov -26- or storage facility with approval of the department either by contract or license. (2) "Site identification number" means a number thnl is assigned by the United States environmental protection agency or the United Slates environmental protection agency's designee lo each generator, each trnnsporter, and each treatment, storage, or disposal facility. ff the generator or transporter or lhe treatment. storage. or disposal facili ty manages wastes that arc hazardous under this part and the rules promulgated under this part but ure not hazardous under the solid wasle disposal act, site identification number means nn equivulenl number that is assigned by the department. (3) "Solid waste" means thut term as it is defined in part 115. (4) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. · . (5) "Storage facility" means a facility or part of a facility where managed hazardous waste, as defined by rule, is subject to storngc. A generator who accumulates munaged hazardous waste, as defined by rule, on site in containers or tanks for less than 91 days or a period of time prescribed by rule is not a storage facility . (6) "Surface impoundment'' or "impoundment" means a treatment, stomgc, or disposal rocility or part cif a treatment, storage, or disposal facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined wilh human-made materials, that is designed to hold an accumulation or liquid wastes or wastes containing free liquids, and thnl is not an injection well. Surface impoundments include, but are not limited to, holding, storage, settling, and aeration pits, ponds, and lagoons. (7) "The solid waste disposal net" means title II of Public Law 89-272, 42 U.S.C. 6901, 6902 to 6907, 691 I , 69 12 to 69 l4a, 691 S to 6916, 6921 to 6939e. 6941, 6942 to 6949u, 6951 to 6956. 6961 to 6964, 6971 lo 6979b, 698 I to 6987, 6991 to 6991 i, and 6992 to 6992k. (8) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air , mil. highway, or water. (9) 'Treatment" means any method, technique, or process, including neutralization, designed to change the physical. chemical, or biological character or composition or any hazardous waste, to neutralize the wnstc, to recover energy or material resources from the waste, or to render the waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable to recovery. amenable to storage, or reduced in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it oonhazardous. (I 0) 'Treatment facility" means a facility or p1;1rt of a facility where managed hazardous waste, as defined by rule. is subject lo treatment. ( 11) "Updated plan" means the updated state hazardous waste management plan prep11red under section 11110. { 12) "Vehicle" means n trnnsport vehicle as defined in 49 C.F.R. 171 .8. History: 1994, Ae1 451. Eff. MDr. JO. 1995;-Am. 1998, Acl 139, Eff. Sept. I. 1998:-Am. 2001. Acl 165, lmd. Eff. Nov. 7, 2001. Compiler's note: For trnnsrcr of nulhorily. powers. duties, runcllons. nnd responsibilities of the Waste Management Division lo ihc Director or 1h~ Michigan Dcpanmcnl or Environmcnlal Q~nlity, sec E.R.O. No. 1995-16. compiled n1 MC[.. 324.9990 I of lhe Michigan Compiled Lnws. Popular aumc: Acl 4St Populor nn111c1 Hnznrdous Wnsle Act l'opulur nnn1c: NREPA 324.11105 Generation, disposition, storage, treatment, or transportation of hazardous waste. Sec. I 1105. A person shall not generate, dispose, store, treat, or transport hazardous waste in this state without complying with the requirements of this part. llistory1 1994. Act 45 t. Err. MM. 30. 1995. Compiler's ooCc: Fot 1rn11sfcr of nu1hori1y, powers, dulie.$. functions. nnd rogponsiliili1ics of lhe W;i$1~ Mnnngemcnl Division lo lhc Direc1or of the Michigan Dcpnrtment of anviromnenlnl Qu0li1y. sec E.R.0. No. 1995-16, compiled MCL 324.99901 or !he Michigan Compiled t..lws. Populor nomc: Aet 431 Popl1lnr name: Hoznrdous W(•Slc Act Popular nomc: NREPA 324.11105a Repealed. 2006, Act 5601 Eff. Dec. 29, 2008. Cornpllor's note: The repented scclion pcJ1nlucd to ado1>liQn by reference of fcdcml rules and promulplion o( adminlstralivc rule. Populnr n~me: Act 451 Populor nnrnc: Hnzardons W;i.~lc Act Rendered Friday, February 2. 2018 © Legislative Council, State of Michigan Page 3 -27~ Mlchlg<1n Compiled Laws Complote Through PA 10 ol :!018 Courtesy of www.legislafl.Jre.m1:gov Populnr 1uu11c: NREPA 324.11106 Munlclpal solld waste Incinerator ash; regulation. Sec. 11106. The gcncralion, transportation. treatment, storuge. disposal, reuse. nm.I recycling of municipal solid waste incinerator ash is rcguh1tcd under part 115. and not under this part. History: 1994, Act451, Eff. Mnr. 30, 1995. Compiler's nok: For 1r.111srcr or aulhori1y, JIO\Vcrs. duties, (unction~. ~nd responsibilities or lhe WillitC Muungcmcnt Division 10 lho Oil'l!eror of lhc Michignn Dopnrtmcnt or Environmcntul Qu~llty. sec E.ltO. No. 1995·16, compiled nl MCL :124.99901 or the Michignn Compiled Laws. Popular name: Act 451 Popular nnmc: Haiar\!ous Wnsre Act PopuL1r numc: NREPA 324.11107 Methods of hazardous waste management; assistance. Sec. 11107. The depnrtnient, in the conduct of its duties as prescribed under this part. shall assist in encouraging , developing, nnd implementing methods or hazardous waste mnnagement thot are en vironmentally sound, lhnt maximize the utilization of valuable reso urces, that encourage resource conservation, including source separation, recycling, nnd waste reduction, and that nrc consistent with the plan lo be provided by the department pursuant to section 12103( I )(d) or the public health code, 1978 PA 368, MCL 333.J 2 I03. In addition, the department, in the conduct of its duties as prescl'ibed by this part, shall assist in implementing the policy of this state to minimize the placement of untreated hazardous waste in disposal facilities. History: 1994, Act 451 , Eff. Mnr. 30. 1995:-Am. 20!0, Acl 357, lmd. Eff. Dec. 22, 2010. Compilor;s nolc: For transfer or ~uthority, powers. duties. funclions. ~nd responsibilities of lhc Waste Management Division to th~ Dlrcclor of the Michigan Department or Em•ironrncnlal Quality, !CC E.ltO. Nu. 199.S· !6. compiled RI MCL 324.99901 or the Michla~n Compiled (..;;vs. Popular nnmo: Act 451 Poptilnr Mine: H~1,:;rdous Wnslc Act l'opulur name: NRaPA 324.11108 Landfill or solidification facility; payment of fee by owner or operator; certain hazardous waste exempt from fees; certification; evaluating accuracy of generator fee exemption certification$; enforcement action; forwarding fee revenue and completed form: reduction In hazardous waste generated or disposed; refund; disposition of fees: envlronmental pollution prevention fund. Sec. J 1108. (I) Except as otherwise provided in this section, each owner or operator of a landfill shnll pay to lhc de-purtment a fee assessed on ha1.ardous waste disposed of in the landfill . The fee shall be based on the quantity of hazardous waste specified on the manifest or monthly opernting report and shall be $ I 0.00 per ton, $I 0.00 per cubic yard, or 112 cent per pound depending on the unit of measure used by the owner or operntor to calculate the fee. The fee for fractional quantities of hazardous waste shall be proportional. If the hazardous wnste is required to be listed on a m1u1ifest and the owner or operator of the landfill detennines that the hazardous waste quantity on the manifest is not accurate. thr; owner or operator shall com:cl the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrcpimcy indication space on the manirest, and assess the fee in accordance with the corrected hazardous waste quimlity. Payment shall be made within 30 dnys after lhe close of each quarter. The landfill owner or operator shall assess off-site generators the fee. The fee for hazardous wnste that is generated and disposed of on the site of a landfill owner or operator shall be paid by that owner or operator. (2) Except as otherwise provided in this section, c:ach owner or operator of a solidification facility liccnsi:d pursuant to section I 1123 shall pay to the department a fee assessed on hazardous waste received at the solidification facility. The fee shall be based on the quantity of hnzardous waste specified on the manifest or monthly operating report and shall be $10.00 per ton.$ I 0.00 per cubic yard. 4 cents per gallon , or l /2 cent per pound depending on Lhe unit of measure used by the owner or operator to calculate the fee. The fee for frnctional quantities of hazardous waste shall be proportional. If the haznrdous waste is required to be listed on a manifest and lhc owner or operator of the solidification fncility determines that the hazardous waste quantity on the mani fest is not nccurate, the owner or operator shall correct the hazardous waste quantity on nll manifest copies accompanying the shipmen!, note the reason for the change in the discrepancy intlicalion space on the manifest, and assess the fee in accordance with the corrected hazardous waste quantity. Payment shall be mnde within 30 days after the close of each quarter. The solidification facility owner or operator shnll RBndorO<I Ffiday, February 2, 2018 e Legislative Council. State of Michigan Page>4 ~28- Mlchlgnn Compiled Laws COmplele Tlirovgh PA 10 of 2018 Courtesy of www.legislafurs.ml gov assess off-site generators the rce. The fee for hazardous waste thut is generated and solidi lied on the site of a solidification owner or operator shall be paid by that owner or operator. (3) The following hazardous waste is exempt from the fees provided for in this section: (a) Ash Lhnl results from the incineration of ha1..ardous waste or the incineration ol' solid waste as defined in part 115. (b) Hazardous waste ex.empted by rule because of its character or the lreutment it has received. (c) Maznrdous waste that is removed as part of a site cleanup activity ut the expense of this state or the redernl government. (d) Solidified hazardous waste produced by a solidification facility licensed pursuant to section 11123 and destined for land disposal. (e) Hazardous waste generated pursuant to a l ·time closure or si te cleanup activity in this stale if the closure or cleanup activity has been authorized in writing by the department. Hazardous wnste resulting from the cleanup of inadvertent releases which occur after March 30, 1988 is not ex.empt from the fees. (I) Primary and secondary wastewater treatment solids from a wastewater treatment plant that includes an aggressive biological treatment facility as defined in 42 use 6925. (g} Emission control dust or sludge from the primary productio11 of steel in electric funiuces. (4) An owner or opernlor of a landfill or solidification facility shall assess or pay the fee described in this section unless the generator provides a signed written certification indicating that the hazardous waste is exempt from the fee, If the hazardous waste that is exempt from the fee is required to be listed Oil a manifest. the certification shall contain the manifest number of the shipment and the specific fee exemption for which the hazardous waste qualifies. If the hazardous waste thal is exempt from the foe is not required lo be li sted on a manifest, the certification shall provide the volume of exempt hazardous waste, the waste code or waste codes of the exempt waste, the dale of disposal or solidification. and the specific fee exemption for which the hazardous waste qualifies. The owner or operator of the landfill or solidification fncility shall retain this certification for 4 years from the dale of receipt. (5) The department or a health department certified pursuant Lo section 11 145 shall evaluate the accuracy of generator foe exemption certifications and shall take enforcement action against a gencrntor who files a false certification. lo addition, the department shall take enforcement action to collect fees that are not paid as required by this section. (6) The landfill owner or operator and the solidification facility owner or operator shall forward to the department the rec revenue due under this section with a completed form thnt is provided or o.pprovcd by the department. The owner or operator shall certify that nil information provided in the form is accurate. The form shall include the following infonnation: (a) The volume of hazardous waste subject to a fee. (b) The name of each generator who was assessed u fee, the generator's identification number, manifest numbers, hazardous waste volumes, und the amount of the fee assessed. (7) A generator is eligible for a refund from this stale of fees paid under this section if the generator documents to the department, on a form provided by the department, a reduction in the amount or hawrdous waste generated as a result of a process change, or n reduction in the nmount of hazardous waste disposed of in a landfill, either dircclly or following solidificulion at a solidification facility, as n result of a process change or the generator's increased use of source separation, input substitution , process reformulation, recycling, treatment, or an exchange of hazardous waste that results in a utilization of that hazardous waste. The refund shall be in the amount of$ I 0.00 per ton, $I 0.00 per cubic yard, 4 cents per gallon, or 1/2 cent per pound of reduction in the amount of hawrdous waste generated or disposed of inn landfill. A generator is not eligible lo receive a refund for that portion or a reduction in the umount of hazardous waste generated that is attributable lo n decrease in the generator's level of production of the products that resulted in Lhc generation of the hazardous waste. (8) A generator seeking a refund under subsection (7) shall calculate the refund due by comparing haznrdous waste generation, treatment, and disposal activity in the calendar year immediately preceding the date of filing with hazardous waste generation, treatment, and disposal activity in the calendur year 2 years prior to the date or l'iling. To be eligible for a refund, a generator shall file a request with the department by June 30 of the year following the year for which the refund is being claimed. A refund shall not exceed the total fees paid by the generntor to the landfill operator or owner and the solidification facility operator or owner. A form submitted by the generator all provided for in subsection (7) shall be certified by the generator or the generator's o.uthorized agent. (9) The deparlm1:mt shall maintain information regarding the lundfill disposal fees received and refunds provided under this section. (I 0) The fees collected under Lhis section shall be forwarded Lo the state treasurer and deposited in the Rendered Frlc!ay, February 2, 2018 Pago S Mlchlgart Compiled Laws Complele Through PA 10 of 2018 ~Legislative Council, State of Michigan Courtesy of www.legisfature.ml.gov -29- environmental pollution prevention fund crented in section 11130. Any balance in the waste reduction fund 011 October I. 2013 shall not lapse to the general fund but shall be transferred to the environmental pollution prevention fund and the waste reduction fund shall be closed. Money from the environmental pollution prevention fund shall be expended, upon appropriation. only for I or more of the fo ll owing purposes: (a) To pay refunds to generntors under this section. (b) To fund programs created under this part. pnrt 143, part 145, or the hazardous materials transportntion net, 1998 PA 138, MCL29.471to29.480. (c) Not more than $500,000.00 to implement section 3103a. (d) To fund the permit to install program established under section 5505. History: 1994, Act 451, Eff. Mnr. 30, 1995~Am. 2001, Act 165, lmd. Erf. Nov. 7. 2001;-Am. 2011. Act 150. lmd. Eff. Sep!. 21, ZOl I :-Ani. 201~. Act 1.1, Eff. Oct. I. 2013. PotJUl~r 1111mc: Act 451 Popular llllDIC!: Hazardous W~sta Act Populnr numc: NllEPA 324.11110 State hazardous waste management plan; preparation; contents; studies; Incentives; criteria; notice; news release; public hearings; comments; amendments. Sec. 11110. (I) Not later than Jnnuury I, 1990, the department shall prepare an upduted state hazardous waste management plan. (2) The updated plan shall; (a) Update the state hazardous waste management plan adopted by the commission on January 15, 1982. (b) Be bast:d upon location of generators, health and safety, economics of transporting, type of waste, and existing treatment, storage. or disposal facilities. (c) Include information generated by the department of commerce and the department on hazardous waste capacity needs in the slate. (d) Include;: information provided by the office of waste reduccion created in part 143. (c) Plan for the availability of hazardous waste treatment or disposal facilities that have adequate capo.city for the destruction, treatment, or secure disposition of all haznrdous wastes that are reasonably expected to be generated within the state during the 20-year period after October I, 1988. as is described in section I 04(c)(9)(A) of title I of the comprehensive environmental response, compensation. and liability net of 1980, Public Law 96-510, 42 U.S.C. 9604. (f) Plan for a reasonable geographic distribution of treatment. storage, and disposal facilities to meet existing and future needs, including proposing criteria for determining acceptable locations for these facilities. The criteria shall include a consideration of a location's geology, geography, demography, wuste generation patterns, along with environmental factors, public health factors, and other relevant characteristics ns determined by the department (g) Emphasize a shift away from the practice of landfilling hazardous waste and toward the in-plant reduction of hazardous waste and the recycling and treat ment of hazardous waste. (h) Include necessary legislative, administrati ve, and economic mechanisms, and a timetable to carry out the pion. (3) The department shall instruct the office of waste reduction crealed in part 143 to complete studies ns considered necessary for the completion of the updated plan. The: studies mny include: (a) An inventory and cwaluntion of the sources of hazardous waste generation within this state or from other states, including the types, quantities, and chemical and physical characteristics of the hazardous waste. (b) An inventory and evaluation of current hnwrdous waste management, minimization, or reduction practices and costs, including treatment, disposal, on-site recycling, reclamation. and other forms of source reduction within this state. (c) A projection or determination of future hazardous waste management needs based on an evaluntion of existing capacities, treatment or disposal capabilities, manufacturing activity, limitations, and constraints. Projection of needs shall consider the lypcs nnd sizes of treatment, storage, or disposal facilities, gr;::ncral locations within the state, management control systems, and an identified need for a state owned treatment, storage, or disposal facility. (d) An investigation nnd analysis of methods, incentives. or technologies for source reduction, reuse, recycling, or recovery of potentially hazardous waste and a strategy for encouraging the utilization or reduction of hazardous waste. (e) An investigation and analysis of method:; und incentives to encourage interstate and international cooperation in the management of hazardous waste. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Pago6 -30- Michigan Compiled Laws Complale Through PA 10 of 2018 Courtesy of www.legislature.mlgov (f) An estimate of the public and private cost of treating, storing, or disposing of hazardous waste. (g) An investigation and analysis of alternate methods for trentrnent 9,nd disposal of hazardous waste. (4) If the department finds iu preparing the updated plan that there is u need for additional treatment or disposal facilities in the stntc, then the department shall identify incentives the state could offer that would encourage the construction· and operation of nddilional treatment or disposal fuci lities in the st.ate that nrc consistent with the updated plan. The department shall propose criteria which could be used in eva.luating <1pplicants for the incentives. (5) Upon completion of the updated plan, the department shall publish n notice In a number of newspapers having major circulation within the stute ns determined by the department and shall issue a statewide news release announcing the availability of the updated pion for inspection or purchilSc ot cost by interested persons. The announcement shall indicate where and how the updated plan may be obtained or reviewed and shall indicate that not less than 6 public hearings shall be conducted at val'yi ng locations in the st.ate before forrnnl adoption. The first public hearing shall not be held until 60 dnys hnve elapsed from the date of the notice nnnouncing the availability of the updnLed plan. The remaining public hearings shall be held within 120 days after the firsl public hcoring at approximately equal time intervals. (6) After the public hearings, the department shnll prepa1·e a written summary of the comments received,· provide comments on the major concerns rnised. make amendments to the updated plan, and determine whether the updated plan should be adopted. History: 1994, ACI 451. Eff. Mor. 30, 1995:-Am. 1995, Act 61, lrrtd. Eff. May l4, 1995. Popultir name: Ae1451 Populor nnmc: Hai:;ardous Waslc Act Populnr nnmc: NREPA 324.11111 State hazardous waste management plan; adoption or rejection; reason for rejection; return of plan; changing and reconsidering plan. Sec. J J 111 . (I) The department, with the ndvioe of the director of public health, shall adopt or reject the updated plan within 60 days. (2) If the department rejects the updnled plan, it shull indicate ils reason for rejection and return Lh~ updated plan for further work. (3) The deportment shall make the necessary changes und reconsider the updated plan within 30 days after receipt of the rejection. History: 1994. Act 451. Eff. Mnr. 30, 1995. Populnr nnmc: Act 451 Popular nurn~: Ha-zardouJ Waslc Act Popular 110011:: NR~l'A 324.11112 State hazardous waste management plan; final decision; adoption. Sec. 11 112. The department shall mnkc a finnl decision on the updated plan within 120 dnys after the department first receives the updated plan. If the department fails to formally ndopt or rejecl the updated plan within 120 days, the updated plan is considered adopted. Hi~tocy: 1994. Acl 451. Eff. Mnr. 30. 1995. Populor 1lllmc: Act 451 l'opulor nomc: Hoznrdous W~slc Act (lop\Jlnr 11ume: NREPA 324.11114 Proposed rules to Implement plan. Sec. 1J114. Nol more lhan 180 days after the final adoption of the updated plan, the department shall submit to the legislature proposed rules to implement the updated plan created in section 11110. History: 1994, Act 451, f!.((, Mnr. 30, 1995. Popular nnmc: Aei 4S I Populor nn111c: H11Znrdous Wnstc Act Populnr n11mo: NREPA 324.11115 Permits and licenses for treatment, storage, or disposal faclllty; determination: exception. Sec. 11115. After the updated plan is adopted, the department shall not issue a permit or license under this part for a treatment, storage. or disposal faci lity until the department has made n determination that the action Rendered Friday. February 2. 201 B @ Legislative Council, State ol Michigan Pago 1 -31 - Michigan Compiled Laws Complel& ThfOUgh PA 10 ol 2018 Courtesy ofwww.18gislature.mi.gov is consistonL with the updated pliln. This section does not apply to a treatment, storage, or disposal facility granted a construction permit or n license under this part before the final adoption of the updated plan. However, such a facility shall be consistent with the slate hnt.ardous wnste management plan adopted by the commission on Januury 15, 1982. History: I 994. Act 45 I. Eff. Mnr. :io. 1995. {'opulor nnmo: Act 451 l'opnlnr 1mmc: H~zMdou$ Wnslc Act Popul~r 1t.:u11c: NREPA 324.11115a Faclllty subject to corrective action requirementSi release of contaminant from waste management unit or release of hazardous waste from facility; determination by department; consent order; license, permit, or order; contents. Sec. 1I115a. (l) Beginning on June 4. 1992, the owner or operator, or both, of a facilily specified in this subsection is subject to the corrective action requirements specified in this part and the rules promulgated under this part for all releases of a contaminant from any waste management unit at the facility , regnrdlcss of when the conlamimml mny have been placed in ot released from the waste management unit. This requirement applies to a facility for which the owner or operator, or both, is appl ying for or has been issued 11 license under thi s part. (2) Beginning on June 4, 1992, if the department, on the basis of any information, determines that there is or has been a release of n contaminant from any waste management unit at the facility, the dcpnrtment may order, or may enter a cC>nsenl order with an owner or opcrnlor, or boLh, of u facility specified in subsection (I), requiring corrective action at the facility. A license, permit, or order issued or entered pursuant to this subsection shall contnin all of the following: (a) Schedules of compliance for corrective uction if corrective action cannot he completed before the issuance of the license, permit, or order. (b) Assurances of financial responsibility for completing the correcLive action. (c) Requirements that corrective action be taken beyond the faci lity boundary if the release of a contaminant has or may hnvc migrated or otherwise has or mny have been emitted beyond the facility boundary, unless the owner or operator of the facility demonstrates to the satisfaction of the department that, despite tho owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undcrtnke this com:ctive action. (3) Beginning on Juno 4, 1992, the owner or operator, or both. of !I. facility specified in this subscction and not in subsection (I) is subject to the corrective action requi rements specified in this part and the rules promulgnted under this part for oil releases of a hazardous wuste from the facility. regardless of when the hazardous waste may have been placed in or released from the facil ity. This requirement applies to a facility for which the owner or operator, or both, is or was subject to the interim status requirements defined in the solid waste disposal act, except for those focilities that have received formal written approval of the withdrawal of their United States environmental protection agency part A hazardous waste permit application from the department or the United States environmental protection agency. (4) Beginning on Juno 4, 1992, if the department, on the basis of any information, determines that there is or has been a release of a hazardous waste. the department may order, or may enter a consent order with, an owner or operator, or both, of a faci lity spccilied in subsection (3), requiring corrective action at the faci lity. An order issued vr entered pursuant to this subsection shall contain both of the following: (a) Schedules of compliance for corrective action. (b) Assurances of finnncial responsibility for completing the corrective action. History: 1994. Act 451. Eff. Mnr. 30, 1995;--Am. 1995. Acl 61, lmd. Eff. Mny 24, 1995. P11p1•lor IUlmc• Act 451 Popular nnmo: Hn7.nrdous Wnslc Acl l'opulnr Mme: NREPA Admlnl~tr:itlve rull!.~: R 299.9101 ct seq. or the Michl8311 Adrnlni5trativc Code. 324.1111 Sb Corrective actions; satisfaction of remedial action obligations. Sec. I I I 15b. Corrective actions conducted pursuant to this part satisfy a person's remedial action obligations under part 201 and remedial obligations under part 31 for that release or threat or rclcnse. lli&1ory: Add. 1995. A(;! n, lmd. Err. May 17. 1995. fopulnr 11111nc: Act 451 Popular nnmc: Hnu rdous Wnstc Act R1111<1ore<1 F11<1ay, Fobruary 2, 2018 ~ Legislative Councll, State of Michigan Page a -32- Michigan Complied Laws cornplote Tl'irougn PA 10 of 201e Courtesy of www.legislature.m1:gov Popular m1mc1 NREPA 324.11116~324.11118 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Cotnpllct 's note: The repealed sections pert3incd lo requirements ror nppliealions for construction permits. 324.11118a Multlsource commercial hazardous waste dlsposal well; definition; maintenance of treatment and storage facility; operating license required; business plan; appllcablllty of subsection (3). Sec. I I I I Sa. ( 1) As used in this section , "mullisource commercial hazardous woste disposal well" has the meaning ascribed to that term in section 62506a. (2) A multlsourcc commercial hnzurdous waste disposal well shall maintain on site a treatment faci lity nnd a storage facility that have obtained nn opemting license under section 111 23 . (3) Subject to subsection (4), in addition to the information requi red under section 11123. thi: owner or operator of a proposed treatment and storage facility with a multisource commercinl hnzardous waste disposal well shilll prov ide to the department in an application for an operating license a busines~ plan for the well operations. The business plan shall contain all of the following information: (a) The type, estimated quantities, and expected potential sources of wastes to be disposed of in the well. (b) /\feasibility study on the viability of the disposal well operations. (c) Additional business plan information required by the department and related solely to the requirements of subdivisions (n) and (b). (d) Any additional business plan information if the department and applicant agree that such additional infonnmion should be submitted. (4) Subsection (3) applies only to a person who submits an application for nn operating license, other than a renewal opernting license, after the effective date of the 2010 amendatory act that added this subsection. History: Add. 1996. Acl 182, lmd. Eff. May 3. 1996:-Am. 2010, Act 357. lmd. Err. Dec. 22. 2010. Popular nnmc: Acl4SI Populnr ftllmc: Hnzurdous Wast~ Acl Populnr name: NREPA 324.11119, 324.11120 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Complier's note: 1'hc repealed sections pcr1~i11cd to duties of dcp~r1monl upon n:cclpt of construction 1icrmit application nnd notificnllon of affected municip~lltios 3ild counties. 324.11121 Effect of local ordinance, permit requirement, or other requirement. Sec. J 1121 . A local ordi nance, permit requirement, or other requirement docs not prohibit the construction of a treatment. stornge, or disposul facility. excepL as otherwise provided in section I I l 23. History: 1994. Act 451, Etr. Mar. 30. 1995:-Am. 2010, Act 357. lmd. Eff. Dec, 22, 2010, Popular 1mmc: AC! 451 Po1>ulor n.:amQ: Hazardous W~stc Act Popular nnme: NREPA 324.11122 Repealed. 201 o, Act 357, lmd. Eff. Dec. 22, 201 o. Contpllcr's note: The n:pc.,lcd $i!Clion per1aincd lO c~tablishmenl or limited storage facility. 324.11123 Operating license; contents of applications: schedule for submitting operating license application; time period for submitting complete operating license applicatloni conditions for operating storage facility untll application approved or denied; placement on department-organized malling list; fee. Sec. 111 23. (I) Unless a person is complying with subsection (8) or a rule promulgated under section 111 27(4), a person shall not establish, construct. conduct, manage, maintain, or operate a treatment, storage, or disposnl facility within this stnte without an operating license from the department. (2) An application for an operating license for a proposed treatment, storage. or disposal facility or the expansion, enlargement, or alteration of a treutment, storage, or disposal facility beyond its original authorized design capacity or beyond the aren specified in an existing operating license, ori ginul construction pcnnit. or other authorization shall be submitted on a form provided by the department and contai n all of the following: (a) The name ond residence of the applicant. (b) The location of the proposed treatment. storage, or disposal facility project. Rendered Friday, February 2, 2018 © Legislative Councll, State of Michigan Page 9 -33 - Michigan complied Laws Comptote Through PA 10 ol 2018 Courtesy of www.leglslalure.ml.gov (c) A copy of an actual published notice thal lhc npplicant published at least 30 days before submittal of lhe application in a newspaper having major circulation in the municipality and the immediate vicinity of the proposed treatment, storage, or disposal facility project. The notice shall contain a map indicating lhc location of the proposed lrealmenl, stornge, or disposal facility project and information on lhe nature and size of the proposed facility. In addition, ns provided by the department, thll notice shall contain a description of the application review process, the location where the complete application may be reviewed, and an explanation or how copies of the complete application may be obtained. (d) A writlen summary of the comments received at the public prcnpplication meeting required by rul e and the applicant's response to the comments, including any revisions to the application. (e) A determination of existing hydrogeological characteristics specified in n hydrogeological report nnd monitoring program consistent with rules promulgated under this part. (I) An environmental assessment. The environmcntul ussessment shall include, ol n minimum, an evalunlion of lhe proposed facility's impact on the air, water. and olher natural resources of this state, and also shall contain an environmentnl failure mode assessment. (g) The procedures for closure and postclosure monitoring. (h) An engineering plan. (i) Other information specified by rule or by federo.I regulation issued under lhe solid waste disposal acl. U) An application fee. The application fee shall be deposited in the environmental polluti on prevention fund created in section 11130. Pursuant to procedures established by rule, the applico.tion fee shall be $25,000.00 plus all of the following, as applicable: (i)For a landfill, surface impoundment, land treatment, or waste pile facility ......•.....•• , ••••.............. $ 9,000 .00 (,ii ) For an incinerator or treatment facility other than a treatment facility described in subparaqraph (i) ...••••••.... $ 1 1 200.00 ( iii For a storage facility, other than storage that is associated with treatment or disposal activities that may be requlated under a single license .. $ 500.00 (k) Except as otherwise provided in this subdivision. a disclosure statemenl that includes all or the following: (l) The full name and business address of all of the following: (A) The applicanl. (8) The 5 persons holding the largest shares of the equity in or debt liability of the proposed fncility. The department may waive all or any portion of this requirement for an applico.nt that is a corporntion with publicly traded stock. (C) The operator. If a waiver is obtained under sub-subparugraph (8). detailed information regarding the proposed operator shull be included in the disclosure statement. (D) If known, lho 3 employees of the operator who will have the mosl responsibility for the day-to-day operation of the facility, including their previous experi ence with other hazardous waste treatmenl. storage, or disposal faci lities. Rendered Friday, Februaty 2, 2018 © Legislative Council, State of Michigan Page 10 -34 - Mlelllgan Complied Laws completo Through PA 10 of 2018 Courtesy of www.tegislature.m1:gov (E) Any other partnership, corporation, association, or olhcr legal entity if any person required to be listed under sub-subparngraphs (A) to (0) has at any time had 25% or more of the equity in or debt liability of that legal entity. The department may waive illl or any portion of this requirement for an applicant thal is a corporation with publicly traded stock. {ii) For each person required to be listed under this subdivision, a list of all convictions for criminal violations of any statute enacted by a federal , state, Canadian. or Canadian provincial agency if the statute is an environmental staLute, if lhe violation was a misdemeanor committed in furtherance of obtuining an operating license under this part nol more than 5 years before the application is filed, or if the violation was a felony committed in furtherance of obtaining an operilting license under this par! not more than I 0 years before the application is filed. If debt liability is held by a chartered lending institution, information required in this subparagrnph and subparagraphs (iii) and (iv) is not required from that institution. The dcpurtrnent shall submit lo the legislature a report on lhe 2014 act that amended this subparogruph, including the number of perm its denied as a result of lhal acl and whether this subparagraph should be further amended. The report shall cover the 5-year period after the effective dnte of that act and shall be submitted within 60 days afler the expiration of thut 5-year period. The report may be submitted electronically. (iii) A list of all environmental permits or licenses issued by a federal, state, local, Canadian, or Canadian provincial agency held by each person required to be listed under this subdivision lhllt were permanenlly revoked because of noncompliance. (/v) A list of all activities at property owned or operated by each person required to be listed under this subdivision that resulted in a threat or potential threat to the environment and for which public funds were used to finance an activi ty to mitigate the threat or potcnlial threat to the environment, except if the public funds expended to facilitate the mitigation of environmental contamination were voluntari ly and expeditiously recovered from the applicant or other listed person without litigation. (f) A demonstration that the applicant has considered each of the following: (i) The risk and impacl of accident during the transport~tion of hnzardous waste to the lrcntment, storage, or disposal facility. (ii) The risk and impact of fires or explosions from improper treatment, storage, and disposal methods at the treatment, storage, or disposal faci lity. (iii) The impact on the municipolity where the proposed treatment, slOrage, or disposal facility is to be located in terms of hC<llth , safely, cost, and consistency with local planning and existing development, including proximity to housing, schools, and public facilities. (iv) The nature of the probable environmental impact, including the specification of tlie predictable adverse effects on each of the following: (A) The natural environment and ecology. (B) Publ ic health and safely. (C) Scenic, historic, cultural, and recreational val ues. (D) Water and air quality and wilc.llife . (m) A summary of measures ov1dua1ed to mitigate the impacts identified in subdivision({) and a detailed description of the measures to be implemented by the applicnnt. (n) A schedule for submittal of all or the following postconstruction documentation: (i) Any changes in , or additions to, the previously s11bmitted disclosure information, or a certification that the disclosure listings prev iously submitted continue to be correct, following completion of construction of the treatment, storage, or disposal facility. (ii) A certification under the seal of n licensed professional engineer verifying that the construction of the treatment, storage, or disposal facility hus proceeded according to the plans approved by the department and. if applicable, the approved construction permit, including as-built plans. (iii) A cer1ification of the treatment, storage, or disposal facility's capability of treating. storing, or disposing of hazardous waste in compliance with this po.rt. (iv) Proof of financial assurance as required by rule. (3) If any information required to be included in the disclosure stotement under subsection (2)(k) chii.nges or is supplemented after the filing of the statement, the applicant or licensee shall provide that information to the department in writing not later than 30 days after the change or addition. (4) Notwithstanding any other provision of lnw, the department may deny an application for an operating license if there are any listings pursuant to subsection (2)(k)(il), (iii), or (lv) as originally disclosed or as supplemented. (5) The applicalion f'or an operating license for a proposed limited storage facility, which ls subject to the requirements pertaining to storage facilities, shall be submitted on a form provided by the department and contain all of the following: Rendere<I Friday, February 2, 2018 © Legislative Council. State of Michigan Pago 11 -35- Michigan Compiled Laws Complete Through PA 10 ol 2018 Courtesy of www.legislature.mi.gov (a) The name and residence of the applicant (b) The locntion of the proposed facility. (c) A determination of existing hydrogeological characteristics specified in a hydrogcological report and monitoring program consistent with rules promulgated under this parL (d) An environmental assessment. The environmental assessment shall include, at a tninimum, an evaluation of the proposed facility's impact on the air, water, and other natural resources of this state. and also shall contain an environmental failure mode asses:;mcnt (e) The procedures for closure. (I) An engineering plan . (g) Proof of financial responsibility. (h) A resolution or other formal dcterrninntion of the governing body of each municipality in which the proposed limited stor<ige facility would be localed indic<iting that the limited storage fncility is compatible with the zoning ordinance of that municipality, if any. 1-lowever, in the absence of a resolution or other formal dctennination, the application shnll include a copy of n registered letter sent to the municipality at least 60 days before the application submittal, indi cating the intent to conscruct a limited storage facility. and requesting a formal determination on whether the proposed facility is compatible with the zoning ordinance or that municipality, ii' any, in effect on the date the letter is received, and indicating that failure to pass n resolution or make a formal determination within 60 days of receipt of the letter means that the proposed facility is to be considered compatible with any applicable zoning ordinance. If, within 60 days of receiving a registered letter, a municipality docs no1 make a fonnal determination concerning whether o proposed lim ited storage facility i~ compatible with a zoning ordinance of that municipality as in effect on the date the letter is received, the limited storage facility is considered compatible with any zoning ordinance of that municipality, and incompatibility with a zoning ordinance of that municipality is not a basis for the depnrtmeot to deny the license. (i) An application fee of $500.00. The application fee shall be deposited in the environmentnl pollution prevention fund created in section I 1130. U> Other information specified by rule or by federal regulation issued under the solid waste disposal act. (6) The application for an operating license for a treatment, storage, or disposal facility other than a facility identified in subsection (2) or (5) shall be made on a form provided by the department and include all of the folJO\\ling: (a) The name and residence of the applicant. (b) The location of the existing treatment, storage, or disposal facility. (c) Other information considered ncccss11ry by the department or specified in this section. by rule, or by federal regulation issued under the solid waste disposal act. (d) Proof of financinl responsibility. An applicant for an operating license for a treatment, sloruge, or disposal facility that is a surface impoundment, landfill. or land treatment facility shall demonstrate financial responsibility for claims arising from nonsudden ancJ uccidental occum:nces relating io the operation of the facility that cause injury to persons or property. (e) A fee of $500.00. The fee shnll be deposited in the environmental pollution prevention fund created in section 11 130. (7) The department shall establish a schedule for requiring ci\ch person subject to subsection (8) to submit an operating license applicntion. The department may adjust this schedule as necessary. Each person subject to subsection (8) shall submit a complete operating license application within 180 days of the date requested to do so by the department. (8) A person who owns or operates o. treatment. storage, or disposul fncility that is in e.11istence on lhc effective date of an amendment of this part or of a rule promulgated under this part that renders all or portions of the facility subject to the operating license requirements of this section may continue to opernte the facility or portions of the facility thnl are subjecl lo the operating license requirements until an opc:ruling license nppliclltion is approved or denied if all of the following conditions have been met: (n) A complete operating license application is submitted within 180 days of the date requested by the department under subsection (7). (b) The person is in compliance with all rules promulgated under this part and with all other state laws. (c) The person qualifies for interim status as defined in the solid waste disposal act, is in compliance with interim sto.tus standards established by federal rcgulo.tion under subtitle C of the solid waste disposal act, 42 USC 6921 to 6939e, and hns not had interim status terminated. (9) A person may request to be placed on a department-organized mailing list to be kept informed of any rules, plans, operating license applications, contested case hearings, public hearings, or other information or procedures relating to the administration of this part. The department may charge a fee to cover the cost of the Rondored Friday. Febru!lry 2. 2018 Page 12 Mlcl!lggn Compiled Laws Complete Througtl PA 10 of 2018 tO Legislative Council, State of Michigan Courtesyofwww.lqgislature.mi.gov -36- moterials. HJ.story: 1994, Act 451, Eff. Mar. JO, 1995;-Am. 2010, Act 357, lmd. F.ff. Dec. 22. 2010;-Am. 2014. Act 254, lmd. E,((, June 30. 2014. Popular numa: Act 451 l'opul11r tinmc: Ha7,ardous Waste Act Popular lllll.llc: NREPA Adminlstrutivc rule'! R 299.9101 at seq. of tho Michignn Administrnti~c Code, 324.11124 Inspection of site; determination of compliance; flllng and review of Inspection report. Sec. 11124. (I) Following the construction of lhc proposed treatment, storage, or disposal facilily or the cxpnnsion, enlnrgemel\t, or olteration of a treatment, storage, or disposnl facility beyond its originnl authorized design cupncily or beyond the area specified in an existing operating license, originnl construction permit, or other authorization, and lhe receipt of the postconslruction documentation required under section 11123, the department shall inspect the site nnd determine if the proposed lrentment, storage, or disposal facility complies with this part , the rules promulgated under this part, and the stipulations included in the approved treatment, storage, or disposal facility operating license. An inspection report shall be lilc:d in writing by the department before issuing final authori:z.alion lo manage, maintain, and operate the trentment, storage, or disposnl facilily and shall he made available for public review. (2) Upon receipt of an operating license application meeting the requirements of seclion 11123(6), the department shall inspect the site and determine if Lhe treatment, storage, or disposal facility complies with this purl and the rules promulgated under this part. An inspection report shall be filed in writing by lhc: department before issuing an operating license. History: 1994, Act 451, Eff. Mnr. 30. 1995;--Am. 2010. Acl JS7. lmd. Eff. Dec. 22, 2010. Po11ul11r nutnc: Ac( 451 Populur nnmo: Hazardous Wnslc Act ro11ular nnnac: NRi;;PA 324.11125 Duties of department upon receipt of operating license appllcatlon; establlshment of operating license condition; final decision on operating llcense application; public hearing; notice; time; extension of deadllne; stlpulatlons; operation not prohibited by local ordinance, permit, or other requirement; changes or additions to dlsclosure statement; denial of application; modification or revocation of operating license; conditions; postconstructlon documentation. Sec. 11125 . (1) Upon recc:ipl of an operating license applicotion that complies with the requirements or section 11123(2), the department sholl do oil of the following: (a) Notify the municipality and county in which the treatment, storage, or disposal facility is located or proposed to be located; a local soil erosion and sedimentation control agency appointed pursuant to part 91; et1oh division within the department thnt hns responsibility in land, nir, or water management; a rcgionnl planning agency established by executive directive of the governor; and other appropriate ngencies. The notice shall describe the procedure by which the license may be approved or denied. (b) Review the plans of the proposed treatment, storage, or disposal facility to determine: if the proposed operation complies with this part and the rules promulgated under this part. The review shall be made within the department. The review shllll include, but need not be limited to, a review of air quality, water quality, wast~ management, hydrogeology. und the applicant's disclosure statement. A written and signed review by each person within the department reviewing the application and plans shall be received and filed in the department's license npplication records before an operating license is issued or denied by the department. (c) Integrate the relevant provisions of all permits that the applicant is required to oblain from the department to construct the proposed treatment, storage, or disposal facilily into the operating license required by this part. (d) Consider the mitigation measures proposed to be implemented as identified in section I I 123(2)(m). (e) Hold n public hearing not more than 60 days after receipt of lhe application. (2) The department may establish operating license conditions specifically applicable to the trealmcnt, storage, or disposal facility and operation at that site to mitigate adverse impacts. (3) The department shall provide notice and an opportunity for a public hearing before making a final decision on un operating license applicution. (4) The deportment shall mnke a final decision on an operating license application within 140 doys aflcr Rendered Friday, Fobruary 2, 2018 © Legislative Council, State of Michigan Page 13 -37- Mlehlgan Compiled Laws Complete Through PA 10 ol 2018 Courtt:1sy of www.tegistature.mlgov lhe department receives n complete application. However, if the stnte'i; hazardous waste management program is authorized by the United States environmental protection agency under section 3006 of subtitle C of the solid wnste disposal act, 42 use 6926. the department may extend the deadline beyond the limitation provided in this section in order to fulfill the public participnlion requirements of the solid waste disposal net. The operating license mny contain stipulations specifically applicable to site and operation . (5) A local ordimmce, permit, or other requirement shall not prohibit the operation of a licensed treatment , storage, or disposal facilily. (6) If any information required to be included in lhc disclosure statement required under section 11123 changes or is supplemented after the li ling of the statement, the applicanl or licensee shall provide thal infom1ation to the department in writing within 30 clays after the change or addition. (7) ·rhe department may deny an operating license application submitted pursunnt to section 11123 if any information described in section I I 123(2)(k)(ii) to (iv) was not disclosed as required in section 11123(2) or this section . (8) The department shall provide notice of the final decision to persons on the organized mailing list for the facility. (9) Following the constructi on of a new, expanded. enlarged. or altered trentmcnt, storage. or disposal rncility, the department shnll review all informntion required to be submitted by the operating license. If the department finds that the owner or operator hns deviated from the specific conditions established in the operating license, the department shall determine if cnuse exists for modification or revocation of the operating license, in accordance with provisions established by rule. Al u minimum, the postconstruction documentation shall include all of the following: (a) Updated disclosure information or a certification as described in section I I I 23(2)(n)(i). (b) A certiflcation of construction as described in section I I 123(2)(n)(ii). The department shall require additional certification periodically during the operation or in order to verify proper closure of the site. (c) A certification of capability signed and senled by a licensed professional engineer as described in section I 1 I 23(2)(n)(iii). (d) Information regarding any deviations from the specifi c conditions in the operating license. (e) Proof of linancial responsibilily. History: 1994. Acl451, Eff. Mnr. 30, 1995;-Am. 2010, Acl 357. lmd. Eff. Occ. 22, WIO. Populnr m•mc: Act 451 f'opulur nmnc: Hnzordou5 WMt~ Act Populnr m1mc1 NREPA 324.11126 Coordinating and Integrating provisions of act; extent. Sec. 11126. The department shall coordinate and integrate the provisions of this part for purposes of administration and enforcement with appropriate state and federal law including the clean oir act, chapter 360, 69 Stat. 322. 42 lJ.S.C. 7401 to 7431 , 7470 lo 7479, 7491 to 7492, 7501 to 7509a, 75 11 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601 to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to 76510, 7661 to 7661f, and 7671 to 767Jq; the federal water pollution control net, chapter 758, 86 Siat. 8 16, 33 U.S.C. 1251 to 1252. 1253 to 1254, 1255 to 1257, 1258 to 1263, 1265 to 1270, 1281. 1282 to 129:'\, 1294 to 1299, 1311 to 1313, 1314 to 1326, 1328 to 1330, 1341 Lo 1345, 1361 to 1377, and 1381 to 1387; title XIV of the public health service acl, chapter 373. 88 Stat. 1660; the toxic substances control act, Public Law 94-469, IS U.S.C. 2601 to 2629, 2641 to 2656, 2661 to 2671, and 2681 to 2692; the resource conservation and recovery act of 1976, 42 U.S.C. 6901 to 6987; parts 31, 55, 115, and 12l; the safe drinking waler oct, 1976 PA 399, MCL 325 .1001 to 325.1023; lhc tire prevention code, 1941 PA 207, MCL 29.1 to 29.34; and the hazardous materials transportation ncl. The coordination nnd integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies of this part. History: 1994. Acl 451, Eff. M~r. 30, 1995;-Arn. 1998. Act 139, Eff. Sept. l, 1996. PopulJlr 1w111c: Acl 451 Popular name: Haurdo~~ WMlc Act Populnr 11nmc: NREPA 324.11126a Fee schedule; report. Sec. I l I 26a. By September I, 1998, the department shall submit a report to the legislature that recommends a fee schedule to implement this part. History: Add. 1991!. Act IJ9. Eff. Sepl. I. t99R. Rendered Friday, February 2, 2018 0 Legislative Council. State of Michigan Page 14 -38- Michigan Complloct Laws Complete Through PA 10 of 2018 Courtesy ol www.legislature.ml.gov Popuh1r nnme: Act 451 Populor ttornc: H3l3rdous W:utc Act p.,pt1lt1r nnmc: NREPA 324. 11127 Rules generally; exemption; effect of amendment to part or rules, or changes In definitions. Sec. 11127. (I) The department shall submit lo the legislature, nftcr consultation with the department of public hcallh, rules necessary lo implement nnd administer this part. The rules required to be submitted by this subsection shall include, but not be limited to, requirements for generators, trunsporterS, and treatment, slornge, nnd disposal facilities. (2) The department may promulgate rules that e.xempt certain hazardous wastes and certain treatment. storage. or disposal facilities from all or portions of the requiternents of this part as necessary to oblnin or maintain authorization from the United Stales environmental protection agency under the solid waste disposal act, or upon a determination by the department that a hazardous waste or a treatment. storage, or disposal focilily is adequately regulated under other state or federal law and that scientific data supports a conclusion that an exemption will not result in an impairment of the department's ability to protect the public health and the environment. However, an r;Xemption grunted pursuant to this subsection shall not result in a level of regulation less stringcnl than lhal required under the solid waste disposal act. (3) If an amendment to this part or the rules promulgated under this parl subjects a person to a new or different licensing requirement of this part, the departmenl shall promulgate rules to facilitate orderly and reasonable compliance by that person. (4) Changes in the definition of hazardous waste contained in section 11103 nnd thc definition of treatment contained in section 11104 effected by the 1982 amendatory act that amended former Acl No. 64 of the Public Acts of 1979 do not eliminate any exemption provided to any hazardous waste or to any treatment, storage, or disposal facility uncier acirninistrative rules promulgated u11der former Act No. 64 of the Public Acls of 1979 before March 30, 1983. However, these exemptions may be modified or eliminated by administrative rules promulga1ed after March 30, 1983 under former Act No. 64 of the Public Act.s of 1979 or under this part in order that the state may obtain authorization from the United States environmenl.al protection agency under the solid waste disposal act, or to provide adequate protection to the public hr::alth or the e11vironmenl. History: 1994, Act 451, Eff. Mo.r. 30, 1995. Popular 1111111e• Ae1 451 l'opulnr nnmc: l'fnznnlous Wnstc Act l'opulnr nnn1c: NREPA Adminislrulivc rules: R 299.910 I cl seq. of the Michigan Ad1T1lnls1mll•c Cod~. 324.11128 Rules llstlng hazardous waste and other criteria; revision; removing certain materials from llst; public hearings; construction of part, rules, and list. Sec. 11128. ( l) The department shall submit to the legislature proposed rules listing hazardous waste and other criteria as required by this part. The rules shall state the criteria for idenlifying the characteristics of huzanlous waste and for listing the types of hawrdous waste, taking into accounl toxicity, persistence, degmdability in nature, potential for accumulation in tissue, and other related factors incl uding flammability, corrosiveness, and other hazardous characteristics. The department shall revise by rule the criteria and listing as necessary. A rule promulgated for the purpose of removing from the list those materiuls removed from the federal list of regulated materials or removing from management as a hazardous waste those wastes that hnve been exempted from manngement undet the solid waste disposal act arr:: nol required lo meet the requirements of sections 4 1, 42, and 45(2) of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.241, 24.242, and 24.245 of the Michigan Complied Laws. (2) Before the departmcnl establishes the list, the department shall hold not less than 3 public hearings in different municipalities in the slate. To ensure consistr;ncy between federal and state requirr;rnents , this parl, the rules promulgated by the department, and the list shall be construed to conform as closely us possible to requirements establishe.d under lhe solid waste disposal act. Hlsluty? 1994.Act4SI. Eff. Mar.:l0.1995. Popular name: Aet 4S I Populnr nnmc: Hazanlous Wnste Act Popular unme: NREPA Adminislrntivo rules: R 299.9101 ct seq. or the Michig3n Administrative Code. Aendorod Filday, February 2, 2010 e Legislative Council, State of Michigan Page 15 -39- Michigan Complied Laws Complete Through PA 10 of 201B Courtesy of www.legislature.ml.gov 324. 11129 Information as public record; confidential information; notice of request for Information; demonstration by person regulated; granting or denying request; certain data not confidential; release of confidential Information. Sec. 11129. (I) Except as provided in subsections (2) and (3), information obtained by the department under this part is a public record subject to disclosure as provided in the freedom or information act, 1976 PA 442, MCL 15.231to15.246. (2) A person regulated under this pnrt may designate a record, permit application, other information, or a portion of a record, permit application, or other information furnished to or obtained by the department or its agents as being only for the confidential use of the departrnent. -rhe department shall notify the regulated person of a request for public records under section 5 of the freedom of information act, 1976 PA 442, MCL 15 .235. whose scope includes i11formation designated us confidential. The person regulated under this part has 30 days after the receipt of the notice to demonstrate to the department that the information designated ns confidential should not be disclosed because the information is a trade secret or secret process or is production, commercial, or finnncial information the disclosure of which would jeopardize the competitive posi tion of the person from whom the information was obtained and make available information not otherwise publicly avllilable. The department shall grant the request for the information unless the person regulated under this part makes a satisfactory demonstrotion to the deportment thnt the information should not be disclosed. If there is a dispute between the owner or openitor of a treatment, storage, or disposal facility and the person requesting information under the freedom of information act, 1976 PA 442, MCL 15.231 lo 15.24{), the director of the department shall make the decision to grant or deny the request. When the department makes u decision lo grant a request, the information requested shall not be released until 3 days have elapsed after the decision is made. · (3) Data on the quantity or coniposition of hazardous waste gcnernted, transported, treated, stored, or disposed of; air and water emission factors, rntcs and characterizations; emissions during malfunctions of equipment required under this part on treatment, storage, or disposal facilities; or the efficiency of air and water pollution control devices is not rendered as confidential informallon by this section. (4) The department may relense any information obtained under this part, including a record, permit application, or other information considered confidential pursuant to subsection ( 1 ), to the United States environmental protection agency, the United States agency for toxic substance disease registry, or other agency authorized to receive information, including confidential information, under the solid waste disposal net. fllstory: 1994, Acl 451. f:.ff. Mnr. 30, 1995;-Am. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Pop1-1lur nnmc: Act 451 Populnr nnml!: Hazardous Wnste Act Populnr n"m~: NREPA 324.11130 Environmental pollution prevention fund; creation; receipt and disposition of assets; investment; administration. Sec. 11130. (I) T he environmental pollution prevention fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the environmental pollution prevention fund or into an account within the environmental pollution prevention fund. The stale treasurer shall direct the investment of the environmental pollution prevention fund . The state treasurer shall credit to each account within the environmental pollution prevention fund interest and earnings from account investments. (3) Money remaining in the enviroiimental pollution prevention fund and in any account within the environmental pollution prevention fond al the close of the fiscal year shall not lapse to the general fund. The department shall be the administrator of the fund for auditing purposes. History: 1994, Act 451, Err. MM. 30, t995;-Am. 1998, Acl 139. Eff. Sep!. I, 1998:-Am-lOO !. Act 165, lmd. Eff. Nov. 7, 2001; -Arn. 2013. Act 73, Eff. Oct. I. 2013. Populur nu mo: A ct •~5 I Popul~r n~mCi Hu~rdo11s Waste A~t l'opulor nnmo: NREPA Admlnl$tr-;itlvc Niles; R 299.9101 cl seq. of the Michigan Admi11lstmll1•e Codo. 324.11132 Repealed.1998, Act 139, Eff. Sept. 1, 1998. Compiler'~ nolei The repealed se,tion pcrtnincd to rcquiremcnl$ ror haznrdous 1voslc transporter business license. Populnr nmno: Acl 451 Rendered Frttlay, February 2, 2010 © Legislative Council, State of Michigan Page 16 -40 - Mlchlg11n Compiled t.11ws Complete Through PA 10 ol 2018 Courtesy of www.legislaturlfJ.mi.gov l'opulor nnmc: Hnznrdous Wnstc Ac! Popuh'r 11omc: NREPA 324.11132a Transporter; duties; Inspection; establishment of standards and requirements by rule. Sec. I I I 32u. (I) A lransportcr Shull do all or lhc following; (a) Obtnin and ulilizc nn cnvironmcnlnl protection agency idcntificnlion number in accordance with the rules promulgated under this pnrt. (b) If transporting by highway, register and be permitted in accordance with the hazardous materials tmnsportation act and carry a copy of lhe registration and pe1mit on the vehicle for inspection by the department, the departmenl of state police. a pence ofliccr, or ll representative of the United Stales environmental protecdon agency. (c) Comply with the transfer facility operating and financial responsibility requirements as required by the rules promulgated under this part. (d) Comply with the consolidation and commingling requirements as required by the rules promulgated under this part. (e) Comply with the vehicle requirements as required by the rules promulgated under this part. (f) Utilize, complete, and retain a manifest for each shipment of hazardous waste as required by this part and the rules promulgated under this pare. (g) Keep all records readily available for review and inspection by the department. the department of state police, a peace officer, or a representative of the Uni led States environmental protection agency. (h) Retain all records as required by the rules promulgaled under this part for a period of 3 years. The retention period required by this subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated aclivily or as required by the depnrtment. (i) Comply with the reporting requirements as required by the rules promulgated under this part. U) Comply with the import and export requirements as required by the rules promulgated under this part. (k) Comply with the requirements regarding hazardous waste discharges as required by the rules promulgated under this part. ({) Comply with the land disposal restriction requirements as required by the rules promulgated under this part. (m) Comply with the universal waste requirements as required by the rules promulgated under this part. (n) Keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste conslilucnts. (2) The department may conduct an inspection to verify thal the equipment, location, and methods of a transporter arc adequate to effectuate service under this pnrt and the rules promulgated under this parl. The department shall establish, by rule, the inspection standards and requirements. History: Add. l998, Act t39, EfT, Sep!. I, 1998. l'opulnr llllntet Act 4S I Populnr nnmc: Haznrdous Wnstc Act ropulur nomci NREPA Administ.rnlivc rules: R 299.9101 ct seq. o( the Michignn Adminislralil'c Code. 324.11133 Hazardous waste transporter business license; revocation. Sec. 11133. A hazardous waste transporter business license issued under this part shall be revoked if the holder of tho license selected a treatment, stomge, or disposal facility which is operated contrary to this part or the rules promulgated under this part or uses a vehicle to slorc. lreat, transport, or dispose of hazardous waste contrary to this part or the rules pro1nulgated under this part. History: 1994, Act 451, Eff. Mnr. 30. 1995:-Am. 11>98. Act 1.W, Eff. S~pl. I. 1998. Popular name: Act 4.51 l'opuh1r numc; Hil~ardous Waslc Act l'opulnr name: NREPA 324.11134 Munlclpallty or county; prohibited conduct. Sec. 11134. A municipality or county shall not prohibit the tronsportation of huzardous waste through the municipality or county or prevent lhe ingress and egress into a licensed treatment, storage, or disposal facility. Hlstory1 !994, Act 451, Eff. Mar. 30, 1995. l'opulur name: Acl 451 Rendored Frldny, F9bl'tlary 2, 2018 © Leglslative Council, State of Michigan Pege 17 Michigan Compiled Laws Complele Through PA 10 ol 2018 Courtesy ofwww.legislalure.ml.gov Populor 1wmc1 H~z.;irdous Wasr~ Ac1 Popular numc: NREPA 324.11135 Manifest; user charge; payment; violations; deposit of amounts In envlronmental pollution prevention fund; maintenance of Information for reporting purposes; evaluation; report; contents; submission of copy to department; certification; specified destination; determining status of specified waste; exception report; retention period for copy of manifest; extension. Sec. 11135. (I) A hazardous wasle generator 8holl provide.: a separate manifest to the transporter for each load of haznrdous waste iransported to property that is not on the silc where it was generated. Until October I, 2021, a person required lo prepare a manifest shall submit lo the department u manifest processing user charge of $8.00 per manifest and his or her tax identification number. Money collected under thi s subsection shall be forwarded to the state treasurer for deposit into the environinental pollution prevention fund crcnted in section 11130. (2) Manifest processing user charges under subsection (I) shall be paid using u form provided by the department. The department shall send a form to each person subject to the manifest processing user chnrgc by March 30 of each year. The form shall specify the number of manifests prepared by that pi:rson nnd processed by the department during the previous calendar year. A person subject to the manifest processing user charge shall return the completed form and the appropriate payment to the department by April 30 or each year. (3) A person who fails to provide limely and uccurate information, a complete form, or the appropriate monifost processing user charge as provided for in this section is in violalion of this part and is subject to both of the following: (a) Payment of the manifest processing user charge and an administrative fine of 5% of the amount owed for each month that the payment is delinquent. Any payments received after the fifteenth day of the month after the due date are delinquent for that month. However, the administrative tine shall not exceed 25% of the total amount owed. (b) Beginning 5 months oft.er the date payment of the manifest user charge is due, but not paid. nl the request of the dcpurtmcnl, on action by the attorney general for the collection of the amount owed under subdivision (a) and the actual cost to the department in attempting to collect the amount owed under subdivision (u). (4) Any amounlS collected under subsection (3) for a violation of this section shall be forwurded to the state treasurer and deposited in the environmental pollution prevention fund created in section 11130. (5) The department shall maintain information regarding the manifest processing user charges received under this section as necessary to satisfy the reporting requirements of subsection (6). (6) The department shall evaluate the effectiveness and adequacy of the manifest processing user charges collected under this section relative to the overall revenue needs of the state's hazardous waste management program administered under lhis part. Not later than April I of each even-numbered year, the department shnll submit lo the legislature a rcporl summarizing its findings under this subsection. (7) A generator shall include on the manifest dctnils as specified by the department and shall at least include a sufficient qualitative and quantitative nnnlysis ond a physical description of the hazardous waste lo evaluate toxicity and methods of transportation, storage, and disposal. The manifest also shall include safely precautions as necessary for each load of hazardous waste. The generator shall submit to the department n copy of the manifest within IO days after the end of the month for each load of hazardous waste transported within that month. (8) A generntor shall certify thul the information contained on a manifest prepured by the generator is uccuratc. (9) The specified destination of each load of hazardous waste identified on the manifest shall be o designated facility. (I 0) tr a generator does not receive a copy of the manifest with the handwrillen signature of the owner or operator of the designated facility within 35 days after the date on which the hazardous waste was accepted by the initial transporter. the generntor shall contuct the transporter to determine the status of the hazardous waste. If the generator is unable to determine the status of the hazardous waste upon contacting the transporter, the generator shall contact the owner or operator or the designated facility to which the hazardo\ls waste was to be lninsported to determine the status of the hazardous waste. ( 11) A generator shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days after the date on which the hazardous wasle was ac,:cc:pted by the initial transporter. The exception report Rendered Friday, February 2, 2018 Page HI Michigan compnoo laws Complete Through PA 10 Of 2018 ©Legislative Council, State of Michigan Courtesyofwww.leg/s/alur~.mi.gov -42- shall include 1111 of the following: (a) A legible copy of the manifest. (b) A cover letter signed by the generator or the generator's authorized representative expl nining the efforts taken to locate the hazardous woste ond the results of those efforts. ( 12) A generator shall keep n copy of ench manifest signed and dated by the initial transporter for 3 years or until the generator receives n signed ond dated copy from the owner or operator of the designated focili ty that received the hai' . .ardous waste. The generator shnll keep the copy of the manifest signed and dated by the owner or operator of the designated facility for 3 years. The retention periods required by this subsection arc automatically extended during the course of any unresolved enforcement action regnrdi ng the regulated activity or as required by the department. Hlslory: 1994, Act 451. Eff. Mnr. JO. 1995:-Aon. 2001 , Act 165, lmd. Eff. Nov. 7, 2001;-Am. 2007, Act 15. hnd. Eff. Sept. 30, 2007;-Am. 2008. Act 403. lmd. Eff. Jan. 6. 2009:-Am. 2011. Act 90, lnul. Eff. July 15. 2011:-Am. 2013. Act 73. Ell Oct. I. 2013: -Am. 2014, Atl 287, lmd. Eff. Sept. 2.i. 2014;-Am. 2017, Act 90, lmd. Eff. Ju!y 12. :2011. Populnr Mme: Acl 451 rDpuhll" mltnC: H;i~~rdous Wasle Atl Populnr nomc: NREPA 324.11136 Certifying acceptance or waste for transportation; delivery of haiardous waste and manifest; period for keeping copy of manifest: review and Inspection of manifest: extension of retention period. Sec. 11 136. (I) The hazardous waste transporter shall certify acceptance of waste for transportation and shall deliver the hazardous waste and accompanying manifest only Lo che destination specified by the generator on the manifest. (2) The hazardous waste transporter shall keep a copy of the manifest for n period of 3 years and shall make it readily available for review nnd inspection by the department, the director of public health , an authorized representative or the director of public health, a pence oflicer, or a represcnlntive of the Uniled Stales environmental protection agency. The retention period required by this subsection shall be automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. llistory: 1994, Act 451 , Eff. Mnr. JO, 1995. Populot nome1 Act 451 Popular n11mc: Hazardous Wnslc Act Populnr nlltl\e: NR6PA 324.11137 Accepting delivery of hazardous waste; condition; duties of owner or operator. Sec. 11137. The treatment, storage, or disposal facility owner or operator shall accept delivery of hazardous waste only if delivery is accompanied by a manifest properly certified by both the generator and the transporter and the treatment, storage, or disposal facility is the destination indicated on the manifest. The treatment, storage, or disposal faciliLy owner or operator olso shall do all of the following; (a) Certify on the manifest receipt of the ha.zardous waste and return a signed copy of the manifest to the department within n period of 10 days after the end of the monlh for D.11 hazafdous waste received within that month. (b) Return a signed copy of the manifest to the generator. (c) Keep permanent records pursuant lo the rules promulgated by the department. (d) Compile a periodic report of huzardous waste treated, stored, or disposed of as required by the department under rules promulgated by the depurlmenl. (e) Retain a copy or each manife~t and report described in this section for a period of 3 years and make each copy readily available for review and inspection by the department, the director of public health or a designated representative of the director of public health, a peace orficer, or a representative of the United Stutes environmental protection agency. The retention period required by this subdivision is automntically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. Hlstory2 1994. Aei 451. Eff. M~r. 30. 1995. Populor 11.1rn1c: Act 451 Populor name: Hnzerdous Waste Atl Popuh1r lllltne: NREPA Adminl~lrolivc rufos: R 299.9101 cl seq. of lhc Mlchlgnn Admjnislralivc Code. Rendered Frloe.y. February 2, 2018 Page 19 Michigan Complied Laws Complele Through PA 10 01 2018 © Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov -43- 324.11138 Generator of hazardous waste; duties; records; report. Sec. 11138. (I) A gencmlor of hazardous woste shall do all of Lhc following: (a) Compile and maintain information and records regnrding the quantities of haum.lous waste generated, characteristics and composition of the hazardous waste, and the disposition of hazardous waste generated. (b) Utilize proper labeling and conLainerization of hazardous waste as required by the department. (c) Provide for the transport of hazardous waste only by n transporter permitted under the hazardous materials transportation act. (d) Utili ze and retain Q manifest for each shipment of hazardous waste transported to properly thal is not on site as required by section 11135 and assure that the treatment, storage, or disposal facili ty to which the waste is transported is a designated facility. (e) Provide the information on the manifest as required under section 111 35( I) to each person transporting, treating, storing. or disposing of hazardous waste. (f) Keep ull records readily available for review and inspection by the department, the department of state police, a peace officer, or a rcprcscntnlive of the United States environmental protection agency. (g) Retain all records for a period of 3 yea.-s. The retention period required by this subdivision is automatically elltended during lhe course of uny unresolved enforcement aclion regarding the reg ulated activity or as required by the department. (h) Compile and submit a periodic report of hazardous waste generated, stored , transferred, treated, disposed of. or lnlnsported for treatment, storage. or disposal as required by thi: departmenl. (2) A generator who also operates a treatment, storage. or disposal facility shall keep records of all hazardous waste produced and trcaLed, stored, or disposed. The genemlor shnll submil a report to the department within a period of 10 days after the end of each month for all waste produced and treated, stored, or disposed. Hl'loty: 1994, Act 451, Eff. Mnr. :io, 1995:-Am. 1998, Act 139. Eff. Sept. I, 1998. Popular nnmc: Acl 451 Populnr nnmc: Hnznrdous Wnslc Acl Populnr numc1 NREPA 324.11139 Condition of obtaining operating license for disposal faclllty; condition of obtaining operating license for landfill. Sec. 111 39. (I) As a condition of obtaining an operating license for a disposal facility pursuant to section 11123, the applicant shall demonstrate to the department that the owner of the property has recorded on !he deed to the property or some other document that is normally examined during a title search a notice that will notify in perpetuity any potential purchaser of the following: (a) That the property has been used to manage hazardous wastes. (b) That the use of the land should nol disturb the final cover, liners, components of any containment system , or the fun ction of the monitoring systems on or in the properly. (c) Thnt the survey plat ond records of type, localion, and quantity of hazardous waste on or in the property have been filed with the local zoning or land use authority as required by the rules promulgated under this part. (2) As a condition of obtaining an operoting license for a landfill pursuant to section 11123. the applicant shall demonstrate to lhe department that an instrument imposing a restrictive covenant upon the land involved has been executed by all of the owners of the tract of land upon which the landfill is to be located. The instrument imposing the restrictive covenanl shall be filed for record by the department in the office of the register of deeds in the county in which the disposal faci lity is located. The covenant shall state that the land has been ·or may be used as a landfill for disposal of ha1..nrdous waste and that neither the proper~y owners, agents, or employees, nor nny of their heirs, successors, lessees, or assignees shall engage in filling, grading, excavating, building, drilling, or mining on the properly following completion ot' the landfill wilhoul authorization of the department. In giving authorization, the dcpurtment shall consider, at a minimum, the original design, type of operation, hazardous wasle deposited, and the state of decomposition of the fill. Before authorizing any activity that would disturb the integrity of the final cover of a landfill, the department must find either that the disturbance of the final cover is necessary to the proposed use of the property and will not increase the potential haznrd lo human health or the envi ronment or that dislurbance of the final cover is necessary to reduce a threat to human health or the environment. History: 1994, Ac~ 451, Err. MAr. 30, 1995. Popular 1uin1c: Act 451 Renderett Friday, February 2. 20 I 8 (;) Legislative Council, State of Michigan -44- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov Popular lllillle: H:iz3rdous W3slc Act Populnr nnmc: NREPA 324.11140 Closure and postclosure monitoring and maintenance plan; submission; contents; rules. Sec. 11140. (I) The owner or operator of n treatment. storage, or disposal facility shall submit a closure plan lo the department as part of the application for nn operating lice11se under section I 1123 , In addition, the owner or operator of a disposal facility shall submit a postclosurc moni toring and mni ntcnance plan to the department as part of the application. At a minimum, the closure plan shall include a description of how the fncili ty shall be closed, possible uses of the land afte1· closure, anticipated time until closure, estimated time ror closure, and each anticipated partial closure. Those focilities described in section 11123(6) and (8) shall submil a closure and, if required by rule. a poslclosurc plan with their operating license application. (2) The department shall promulgate rnlcs regarding notification before closure of a treatment, storage, or disposal facility, length of time permitted for closure, removal and decontnminution of equipment, security, groundwater and leachate monitoring system, sampling analysis and reporting requirements, and any other pertinent requirements. History: 1994. Act 451. Eff. Mnr. 30. 1995:-Am. 2010. Act 357, lmd. Err. Dec. 22, 2010. Populor 1111rnet Ae1 4S I Popular 1.U1010: Hnznrdous Wnslc Act Populur numc: NREPA Administrative rufos: R 299.9101 cl seq. of the Michignn Adminislrulivc Code. 324.11141 Cost of closing and postclosure monitoring and maintenance of faclllty; methods of assurance; amount; periodic adjustment; violation. Sec. 11141. An owner or operator of a treatment, storage, or disposal facility shall file, as a part of the application for a license to operate, a surety bond or other suit.nble instrument or mechanism or establish a secured trust fund, as approved by the dcpartmcnl, to cover the cost of closing the treatment, storage, or disposal facility after its capacity is reached or operations have otherwise terminated. In addition. the owner or operator of a disposal facility shall also tile a surety bond or olher suilable instrument or mechanism or establi sh a secured trust fund. approved by the department, to cover lhe cost of postclosure monitoring and maintenance of the facility. An owner or operator may use a combination of bonds, instruments, mechanisms, or funds. as upproved by the department, to satisfy the requirements of this section. The bond, instrument, mechanism, or fund, or combination of these methods of assurance, shall be in on amount equal to a reasonable estimate of the cosl required to adequately close the facility, based on the level of operations proposed in the operating license application, and, with respect to a disposal facilily, to monitor and maintain the site for a period of at least 30 years. The bond , instrument, mechanism, or fund, or the combination of these methods of assurance, shall be adjusted pcriodicnlly as determined by rule to account for int1ation or changes in the permitted level of-operations. Failure to maintain the bond, instrument, mechanism, or fund, or combination of these methods of assurance, constitutes a violation of this part. Hls1ory1 1994, Ac14SI. Efr. Mar. 30. 1995. Popular nnmo: Act 45 t Populor 11ome: H111wdous Wa$te Aet Populo~ nnmc: NREPA Adn1inlstrativc ruJcs: R 299.910 I ct soq. of the Michigan Adminiatmlivc Colle. 324.1 1143 Hazardous waste service fund; creation; financing; uses of fund; administration; expenditures; expenses; rules. Sec. 11143. (l) There is created within lhc state lrcasury a hazardous waste service fund of not less than $1.000,000.00 to be financed by appropriations for the foll owing uses: (a) For ha;r.ardous waste emergencies as defined by rule. (b) For use in ensuring the closure and post closure monitoring and maintenance of treatment, storage, or disposal facilities. (2) The department shall administer the fund and authorize expenditures upon o. finding of actual or potential environmental damage caused by hazardous waste or when the owner or operator of the treatment, storage, or disposal facilily is not fulfilling his or her obligation in regard to closure or postclosure monitoring and maintenance of the site and the surety bond, instrument, mechanism, or secured trust fund maintained by the owner or operator of a treatment, storage, or disposal facility as required by section 11141 is inadequate or Rendered Fnda)'. February 2, 2018 «:> Legislative Council, Stats of Michigan Page21 -45- Mlelllg~_n CQ1T1pUe<1 lews complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov is no longer in effect. (3) After an expenditure frorn the fund, the department immediately shall request the attorney general lo begin proceedings to recover any expenditure from the fund from the person responsible for the hazardous waste emergency or the owner or operntor of a treatment, storage, or disposal facility who is not rulfilling his or her obligation in regard to closure or postclosure monitoring and maintenance oF a facility. If the owner of the property refuses lo pay expenses incurred, the expenses shall be assessed against the property and shnll br: collected and trented in the same manner as taxes assessed under the laws of the state. (4) The department shall promulgate ruks to define a hazardous waste emergency and to establish the method of payment from the fund. Hiotory: 1994. Act 45 !. 5ff. M;1r. 30, 1995. Populnr 1mmc: Act 45! Populn~ nnmc: tla:tardous Wnslc Acl Populnr nnmc: NREPA 324.11144 lnspectloni filing report for licensed facility; complaint or allegation; record; Investigation; report; notice of violation or emergency situation. Sec. 11144. (I) The department shal I inspect and file a written report not less than 4 limes per year for each licensed treatment, storage, and disposal facility. (2) A person may register with the department a complaint or allegation of improper action or violation of this part. a rule, or a condition of the license to operate n tr1:atmcnt, storage, or disposal facility. (3) Upon receipt of o. complninl or nllegnlion from a municipality, the depnrtment shall make a record of the complaint and shall order an inspection of the treatmenl, storage, or disposal facility, or other location or ullcgcd violation to investigate the complaint or allegation within not more than 5 business days after receipt of the complaint or allegation. If a complaint or allegation is of a highly serious nature, as determined by the department, the facility or the location of the alleged violation shall be inspected as quickly as possible. (4) Following an investigation of a complaint or allegntion under subsection (3), the department shall make a written report to the municipality within 15 days. (5) A person wh0 has knowledge thnl hazardous waste is being treated, disposed of, or stored in violation of this part shall notify the department. A person who has knowledge that an emergency situation exists shall notify the department and the depnrtrnent of community health. History: 1994, Act 451. Eff. Mnr. 30, !995:-Am. 1998. Act 139, EIT. Sept. I. 1998. l'opulnr 1111111c: Act 451 Populur nnmo: Hnznrdous Waste Acl ropulnr nt1me1 NREPA 324.11145 Administration and enforcement of part by certified health department: certification procedures; rescission of certiflcatlonj annual grant; costs; rules. Sec. 11 145. (I) The department may certify a city, county, or district health department to administer and enforce portions of this part but only to an extent consistent with obtaining and malnutining authoriz..ation of the state's hazardous wasle management program pursuant LO sections 3006 to 3009 of SUblitle C Of the solid waste disposal act, title II of Public Law 89·272, 42 U.S.C. 6926 to 6929. Certification procedures shall be established by the department by rule. The department may rescind certification upon the request of the certifit:d city, county, or district health department, or after reasonable notice and hearing, if the department finds that a certified health department is not administering and enforcing this part as requi red. (2) In order for a certified health department to carry out the responsibilities authorized under this part, an annual grant shall be appropriated by the legislature from the general fund of the st.ate to provide tinancial assistance to each ocmified health department. A certified health department shall be eligible to receive 100% of its reasonal)le costs as determined by the department based on criteria established by rule. The department ~hall promulgate rules for distribution of the appropriated funds. Hl$1ory' 1994, Atl 4.S I, Eff. Mar. '.\0, 1995. Populnr nomc: Act 451 Populur nnmc: Hazardous Wusta Acl Popul11r ll!lmc: NREPA Adruinistrutivc rufcg: R 299.9101 el seq. of the Michigan Adminislmtive Code. 324.11146 Request for information and records; purpose; court authorl:z:ation; inspectloni samples; probable cause as to violationi search and seizure; forfeiture. Rendered Friday, February 2, 2016 © Legislative Council, State of Michigan Page 22 -46- Michigan Compllod L.aws Complete Through PA 10 01 201e Courtesy of www.leglslature.mi.gov Sec. 11146. (I) Any person who generates, stores, treats, transports, disposes of, or otherwise hondles or has hnndled hazardous waste shall furnish information relating to the hazardous wastes or permit access to and copying of all records relating lo the hazardous wastes, or both, if the information and records arc required lo be kept under this part or the rules promulgated under this part. upon a request of the department, mude for the purpose of developing a rule or enforcing or administering this part or n rule promulgated under this part. This subsection does not limit the department's authority to pursue appropriate court uuthorizntion in order to obtain information pertaining Lo enforcement actions under this part. (2) The dcpa1tment may enter at reasonable times any treatment, storage, or disposal facility or other plm.:e where hazardous wastes nre or have been generntcd, stored. treated, disposed of, or transported from nnd mny inspect the facility or other place and obtain from any person samples of the hazardous wastes and samples of the conllliners or lnbcling of the wastes for the purpose of developing a rule or enforcing or administering this port or u rule promulgated under this part. (3) If the department or a law enforcement official has probable cause to believe that n person is violating this part or a rule promulgated under this part. the department or law enforcement official may search without n warrant u vehicle or equipment thut is possessed, used, or operated by thut person. The department or a law enforcement official may seize n vehicle, equipment, or other property used or operated in a manner or for a purpose contrary to this part or a rule promulgated under this part. A vehicle, equipment, or other property used in violation of this part or a rule promulgated under this part is subject to seizure and forfeiture ns provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL600.4701 to 600.4709. History: 1994, Act 451, Eff. Mnr. 30. 1995:-Am. 1998, Act 139, Eff. Sept. I. 1998. Popular nnmo: Act 451 Ptlpuhar mime: Hnzardous Waslc Act Populur 11.11mo: NREPA 324.1114 7 Vlolatlon as misdemeanor; penalty; appearance ticket. Sec. 11147. A person who violates section I I I 32a( I )(b) or (n) or who violates rules promulgated under section I I I 32a( I )(b) or (n) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or n fine of not more than $500.00, or both. for each violation. A law enforcement officer or a conservation officer may issue an appearance ticket to a person who is in violation of section I l 132a( I )(b) or (n) or the rules promulgated under section I I I 32a( I )(b) or (n). History: 19'>4. Act 451. Eff. Mar. 30. 1995:-Am. 1998, Act 139. Err. Sept. I, 1998. Populnr numc: Acl 451 l'opulnr 11.•unc: Ha1.:irdou.~ W~slc Act Populnr nnmc: NREPA 324.11148 Imminent and substantlal hazard to health; endangering or causing damage to public health or environment; actions by director; determination. Sec. 11148. (I) Subject to subsection (2), upon receipt of information that the storage. trnnsportation, treatmcnl, or disposal of hazardous waste may present an imminent and substantial hazard to the health of persons or to the natural resources, or is endangering or causing damage to public health or the environment, the department, after consultation with the director of public health or a designated representative of the director of public health, shall take I or more of the following nctions: (a) Issue an order directing the owner or operator of the treatment, storage, or disposal facility, the generator, the transporter, or the custodian of the haz.ardous waste that constitutes the hazard, Lo take Lhe steps necessary to prevent the act or eliminate the practice that constitutes the hazard . The order inay include permanent or temporary cessation of the operation of a treatment, storage, or disposal facility, generator. or transporter. An order issued under this subdivision may be issued without prior notice or hearing and shall be complied with immediately. An order issued under this subdivision shall not remain in effect more than 7 days without affording lhe owner or operator or custodinn an opportunity for a hearing. In issuing an order calling for corrective action, the department shall specify the precise nature of the corrective action necessary and the specific time limits for performing the corrective action. If corrective action is not completed within the time limit specified and pursuant to the department's requirements, the department shall issue a cease and desist order against the owner or operator of the treatment, storage, or disposal facility, gencrntor, or transporter and initiate action to revoke the operating license and take appropriate action. (b) Request that the attorney general commence an action to enjoin the a1.:t or prnctice and obtain injunctive relief upon a showing by the department thnt a person has engaged in the prohibited net or practice. (c) Revoke a permit, license, or construction permit after reasonable notice and hearing pursuant to the Rendered Friday, February 2, 2018 Pogo 23 Michigan Complied Laws Complete Through PA tool 2018 © Legislative Council. State of Michigan Courtssy of www.leglslature.mi.gov -47- administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, ii' the department finds that a treatmenl, storage, or disposal facility is not, or has not been. constructed or operated pursunnt to the approved plans or this part and the rules promulgated under this pnrt, or lhe conditions of n license or construction permit. (2) A determination of an instance of imminent and substantial hazard to the health of persons shall be made by the director of community health. History: 1994. Act 451. Eff. Mnr. )0. 1995;------Am. 1998. Act 139, Erf. Sept. I. 1998. P"pulur nnm11: Act 451 Popul3t no111e1 H~i;irdOu$ Wnslc Acl Popolnr nnmo: NREPA 324.11149 Tearing down, removing, or destroying sign or notice as misdemeanor; penalty. Sec. 11149. A person who willfully tears down, removes, or destroys any sign or notice waming of the presence of hazardous waste or marking the boundaries of a hazardous waste treatment, storage, or disposal facility is guilty of a misdemeanor punishable by imprisonment for nol more than 90 duys or a fine of not more l'han $500.00, or both. History: 1994. Act 451. err. Mnr. 30. 199S. J'opul1lt h1,mc: Act 451 l'opulur 1111me: Ha7,ardous Wr1~1e Ael Pop11lor llflhlC: NREPA 324.11150 Order of noncompllance; order suspending or restricting license of faclllty. Sec. 11150. (I) Upon receipt and verification of information that a licensed storage, treatment, or disposal facility does not have or has not maintained a suitable instrument or mechanism required under section I I 141, or that the hazardous waste at the licensed facility exceeds the maximum quantities allowed under the storngc, treatment, or disposal facility's license issued under this part, the department may issue an order or noncompliance directing the owner or operator of the storage, treatment, or disposal facility to take steps to elimim1lc the act or practice that results in a violation listed in thi s section. An order issued pursuant to this section shall specify the corrective action necessary and may order a licensed facility that has exceeded the maximum quantities of hazardous waste allowed under the terms of the faci lity's license to cease receiving hazardous waste. The order shall specify the time limit in which corrective action must be completed. If a licensed storage, treatment, or disposal facility comes into compliance with this part following the issuance of an order of noncompliance, the department shall send writtrm verification of compliance to the owner or operator o[ the facili l)'. (2) An order of noncompliance issued pursuant to subsection ( l) that requires a licensed facility to reduce the quanlily of hazardous waste on site and to cease receiving hai.ardous waste shall not remain in effect for more than 7 days without affording the owner or operator an opportunity for a hearing. If the order remains ln effect following the hearing, or if the owner or operator of the facility wnives his or her right ton hearing, the owner or operator shall cooper.ite with the department in developing and implementing a compliance plan lo reduce the amount of hazardous waste at the facility. If the department determines that the owner or operator has failed to mnke reasonable and continuous efforts to comply with the order of noncompliance and the resulting compliance plan, the department may issue an order si1spending or restricting the focilily's license pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.20 I to 24.328 of the Michigan Compiled Laws. An order provided for in this subsection that suspends or restricts a license following the licensed facility's failure to comply with an order of noncompliance provided for in this section shall not remain in effect for more than 7 dnys without affording the owner or operator of the facility an opportunity for n hearing to contest the suspension or restriction. (3) If the owner or operator of a storage, treatment, or disposal facility receives an order of noncompliance issued pursuant to subsection (1) for failing to maintain a suitable inslrumenl or mc:chunisrn required under section I 1141 and does not make reasonable efforts to comply with the order of noncompliance, the department may issue an order suspending or restricting the facility's license pursuant to Act No. 306 of the Public Acts of 1969. An order provided for in this subsection that suspends or restricts a li cense following the licensed facility's failure to comply "·ith an order of noncorrtplinnce provided for in this section shall not remain in effect for more than 7 days without affording the owner or operator of the facility an opportunity for a heari ng to contest the suspension or restriction. (4) Upon receipt and verification thal a storngc, treatment, or disposal facility has not maintained a suitable instrument or mechanism required under section 11141 or thnt hnzardous waste at a licensed facility exceeds Rendered Frlclay, February 2, 2018 © Legislative Council, State of Michigan Page 24 -48- Michigan Compiled Lawe Complele Through PA 10 o! 2018 Courtesy of www tegislatvre. ml gov the mal\imum qutinlities allowed under the facility's license and the owner or operator of the facility has previously been issued an order of noncompliance under lhis scolion, the department may do either of the following: (a) Issue a second or subsequent order of noncompliance and proceed in the manner provided for in subsection (2) or (3 ). (b) Initiate an action to suspend or restrict rhe facility's license or permit pursuanl lo Act No. 306 of the Public Acts of 1969, without first issuing an order of noncompliance. Hlsto1·y: 1994. Act 4 .. ~J. Brr. MM. :10, 1995. Populnr nnmc: Act 451 Popul11r nnmct HnzarJous Wnslc Act Populor 1mmc: NREPA 324.11151 Violation of permit, llcehse, rule, or part; order requiring compliance; civil action; Jurisdiction; Imposition, collection, and disposition of fine; conduct constituting misdemeanor; penalty; state of mind and knowledge; affirmative defense; preponderance of evidence; definition; action for damages and costs; disposition and use of damages and costs collected; awarding costs of litigation; Intervention. Sec. I l I 51 . (I) If the department finds that a person is in violation of a pennit, license, rule promulgated under this part, or requirement of this part including a corrective action rcquiremcnl of thi s part, the department may issue an order requiring the person to comply with the permit, license, rule, or requirement of this part including fl corrective action requirement of this patt_ The attorney general or a person mny commence u civil action against a person, the department, or a health department certified under section J 1145 for appropriate relief, including injunctive relief for a violation of this part including a corrective action requirement of this pnrt, or a rule promulgated under this part. An action under this subsection may be brought in the circuit court for the county of Ingham or for the county in which the defendant is located, resides, or is doing business. The court has jurisdictio11 to restrain the violation and to require compliance. In addi tion lo any other relief granted under this subsection, the court may impose a civil fine of not more than $25,000.00 for each instance of violation and, if the violation is continuous, for each day of continued noncompliance. A tine collected under thi s subsection shall be deposited in the general fund of the state. (2) A person who transports, lrents, stores, disposes, or generates hazurdous waste in violation of this part, or contrary to a permit, license. order, or rule issued or promulgated under this part, or who makes a false statement, representation, or cerliflcnlion in on application for, or form pertaining lo, a permit, license, or order or in a notice or report required by the terms and conditions of an issued permit, license, or order. or a person who violates secti.on 11144(5), is guilty of a misdemeanor punishable by a tine of not more than $25,000.00 for each instance of violation and, if the violation is continuous, for each day of violation, or imprisonment for not more than l year, or both. If the conviction is for a violation committed after a first conviction of the person under this subsection, the person is guilty of a misdemeanor punishable by a fine of not more than $50,000.00 for each instance of violation and, if the violation is continuous, for each day or violation, or by imprisonmenl for nol more than 2 years, or both . Additionally, a person who is convicted of a violation under this subsection shall be ordered to pay all costs of corrective action associated with the violation. (3) Any person who knowingly stores, treats, transports, or disposes of any hazardous waste in violation of subsection (2) and who knows at that time that he or she thereby places another person in imminent dungcr of death or serious bodily injury, and if his or her conduct in the circumstances manifests an unjustified ilnd inexcusable disregard for humnn life, or if his or her conducl in the circumstances manifests an extreme indi fference for humnn life. upon conviction , is subject lo a fine of not more than $250,000.00 or imprisonment for not more than 2 years, or bolh, excepl that any person whose actions constitute an extreme indifference for human life, upon conviction, is subject to a fine of not more than $250 ,000.00 or imprisonment for not more than 5 years, or both. A defendant that is not an individual and not a governmental entity, upon conviction, is subject to a fine of not rnore than $1,000,000.00. Additionally, a person who is convicted of a violation under this subsection shall be ordered to pay all costs of corrective action associated with the violation. (4) For the purposes of subsection (3), a person's state of mind is knowing with respect to: (a) Hi s or her conduct, if he or she is aware of the nature of his or her conduct. (b) An existing circumst.nncc, if he or she ls aware or believe~ that the circumstance exists. (c) A result of his or her conduct, if ho or she is aware or believes that his or her conduct is substantially cerlnin to cause danger of death or serious bodily injury. RenderE!d Friday, February 2, 2018 © Leglslallve Council, State of Michigan -49 - Michigan Compiled Laws Complote Througll PA 10 or 2010 Courtesy of www.ltJgislature.ml.gov (5) For purposei; of sub~ection (3). in determining whether a defendant who is an individual knew thal his or her conduct placed another person in imminent danger of death or serious bodily injury. both of the following apply: (a) The person is responsible only for actual awareness or actual belief thal he or she possessed. (b) Knowledge possessed by a person other than the defendant but not by the defendant himself or hersi:lf may not be ottributed lo the defendant. However, In proving the defendant's possession of actual knowledge, circumstantiul evidence may be used, including evidence thut the defendant took uffirmative steps to shield himself or herself from relevant information, (6) H is an affirmative defense to a prosecution under this part that the conduct chnrged was consented to by the person endangered and that the danger and conduct charged were reasonably fo reseeable hazards of either of the following: (a) An occupation. a business, or a profession. (b) Medical treatment or professionally approved methods and the other person had been made aware of the risks involved prior to giving consent. (7) The defendant may establish an affirmative defense under subsection (6) by u prtiponderance of the evidence. (8) For purposes or subsection (3), "serious bodily injury" means each of the following: (a) Bodily injury that involves a substantial risk of death. (b) Unconsciousness. (c) Extreme physical pain. (d) Protracted and obvious disfigurement. (e) Protracted loss or impairment of the function of a bodily member, organ, or mental focul ty. (9) In addition to a fine, the attorney general may bring an action in a court of competent jurisdiction to recover the full v11lue of the damage done to the natural resources of this state and the costs of surveillance nnd enforcement by the state resulting from the violati on. The damages and cost collected under this subsection shall be deposited in the general fund if the damages or costs result from impairment or destructi on of the fish, wildlife, or other natural resources of the state and shall be used to re~tore, rehabilitate, or mitigate the damage to those resources in the nffected area, and for the specific resource to which the damages occurred. ( 10) The court, in issuing a final order in an action brought under this part, may award costs of litigation, including reasonable attorney and expert witness fees to a party. if the court dctennines that the awmd is appropriate. ( 11) A person who has an interest lhnt is or may be affected by a civil or administrative nction commenced under this part has a right to intervene in that action. H1$tory: 1994. Act 451. Eff. M3r. 30. 1995;-Am. 1998. Act 439, Err. Mar. 2.J, 1999. ropult1r h11mc: Act 451 Populor nom~: Hnz~rdou~ W:ulii Act l'opulur rmmc: NREPA 324.11152 Interstate and International cooperation; purpose. Sec. 11 152. The department shall encourage interstate and international cooperation for the improved management of huzardous waste; for improved, and so far as is practicable, uniform stnte lo.ws relating to the muno.gemenl of hazardous wustc; und compacts between this and other stales for the improved management of hazardous waste. History: 1994, Act451, Eff. Mar. 30, 1995. Populor "rime; Act 4SI Populor nnmo: HnZllfdous Waste Act ropulur ni1me1 NREPA 324.11153 Site Identification number; user charges; violations; maintenance of Information; summary of findings; report; definitions. Sec. 11153. ( 1) A generator, transporter, or treatment, storage, or disposal facility shall obtain and utilize a site identification number assigned by the United States Environmental Protection Agency or the department. Until October I, 2021 , the department shall assess a site identification number user charge of $50.00 for each site identification number it issues. The department shall not issue a site identificntion number under this subsection unless the site identification number user charge and the tax identification number for the person applying for the site identification number hnve been received by the department. Rendered Friday, Febru11ry 2, 201 a O Legislative Council, State of Michigan Pege 26 -50- Michigan Compiled Laws Complete Through PA 10 ol 2018 Courtesy of www /egls/ature.m1:gov (2) Until October 1, 2021 , the department shull annually assess hawrclous waste management program user charges as follows: (n) A generator shall pay a handler user charge that is the highest of the following applicable fees: (i) A generator who generates more than I 00 kilograms bul less lhan 1,000 kilograms of hazardous waste in any month during the calendar year shall pay to the department an annual handler user charge of$ I 00.00. (ii) A generator who £:enerntcs 1,000 kilograms or more of hazardous waste in any month durin~ the calendar yc!lr und who generates less than 900,000 kilograms during the calendar year shall pay to lhe department 11n annual handler user charge of $4QO.OO. (iii) A generator who generates I ,000 kilograms or more of hazardous waste in any month during the calendar year and who generates 900.000 kilograms or more of ha;:ardous waste during the calendar year shall pay to the department an annual handler user charge of $1,000.00. (b) An owner or operator of a treatment, storage, or disposal facility for which an opcraling license is required under section 11123 or for which an operating license has been issued under section 11125 shall pny to lhe dcpartmenl an annual handler user charge of $2,000.00. (c) A used oil processor or rerefiner, a used oil burner, or a used oil rue! market~r as defined in the rules promulgated under this part shall pay to the depar!menl an annual handler user charge of$ I 00.00. (3) A handler shall pay the handler user charge specified In subsection (2)(n) to (c) for each of !he activities conducted during the previous calendar year. (4) Handler user charges shall be paid using a form provided by the department. The handler shall certify thal the information on the form is accurate. The department shall send forms lo the handlers by March 30 of each year. A handler shall return the completed forms and the appropriate payment to t.he department by April 30 of each year. (5) A handler who fails to provide timely and accurate information, a complete form, or the appropriate handler user charge is in violation of this parl and is subject to both of lhe following; (a) Payment of the hnndler user chnrgc and an administrative tine of 5% of lhe nmounl owed for each month thal lhe payment is delinquenl. Any payments received after the fifteenth of the month afler the due dale arc delinquent for that month. However, the administrative fine shall not exceed 25% of the total amount owed .. (b) Beginning 5 months after the date payment of the handler user charge is due, if the amount owed under subdivision (a) is not paid in full , at the request of the department, an acti on by the attorney general for the collection of the amount owed under subdivision (a) and the actual cost lo the department in attempting lo collect the amount owed under subdivision (n). (6) The department shnll maintain information regarding the site identification number user charges and the handler user charges collected under this section us necessary to sati sfy the reporting requirements of subsection (8). (7) The sile identification number user charges and the handler user chnrges collected under this section and any amounts collcclcd under subsection (5) for a violation of this section shall be forwarded to the state treasurer and deposited in the environmental pollution prevention fund created in section 11130. (8) The department shall evaluate the effectiveness and adequacy of lhe site identification number user charges and the handler user charges collected under this section relati ve to the overall revenue needs of lhc hazardous waste management program administered under this part. Not later than April I of each even-numbered year, the dcpnrtmenL shall submit to the legislalure a report summarizing the department's findings under this subsection. (9) As used in this section: (n) "Handler" means the person required to pay the handler user charge. (b) "Handler user charge" means an annual hazardous waste management program user charge provided for in subsection (2). Hi5tory: Add. 2001. Act 165. fmd. Eff. Nov. 7. 2001:-Am. 2007. Act 75. lmd. Eff. ScpL 30, 2007;-Am. 2008, Act 403. lmd. Eff. Jan. 6. 2009:-Am. WIO. Act 357. lmd. Eff. De~. 22. 2010:-Am. 2011. Act 90, lmd. Eff. July 15, 2011;-Am. 2013, Act 73, Eff. Ot!. I. 2013;-Am. 2014, Act 287, lmd. Err. Sept. 2.1, 2014;-Am. 201 7, Act 90. lmd. Err. Ju!y 12, 201 7. Popular n11mo: Act 451 PopulJ1r nome1 Hazardous WMte Act Populnr name: NREPA Remleretl Frlaay, February 2, 201e © Legislative Council, State of Michigan Page 27 -51- MJc~lgen Complied Laws complete Through PA 1 O of 2018 Courtesy ot www.legis/ature.mlgov Office of Waste Management and Radiological Protection Selecting a Waste Transporter and Treatment, Storage, and Disposal Facility GUIDANCE Questions to Ask Prospective Transporters and Treatment, Storage and Disposal Facilities (TSDFs) 1. Hazardous waste -Is the hazardous waste transporter currently permitted and registered in Michigan to transport hazardous waste under Act 138? Does the TSDF where the hazardous waste Is being taken have a current operating license? You may search the Waste Data System at www.deg.state.mi.us/wdspi/ for hazardous waste transporters and TSDFs. You may also look for companies in your telephone directory under the heading "Waste Reduction, Disposal, and Recycling Service." A TSDF can accept only those types of wastes allowed by its permit or operating license. Special fees may be charged for small quantities of hazardous waste requiring extra handling by the facility. 2. Liquid industrial waste -Is the liquid industrial waste transporter currently permitted and registered to transport liquid industrial waste under Act 138? Is the liquid industrial waste being taken to a facility that has notified the DEQ, Hazardous Waste Program, as a des;gnated facility that accepts liquid ;ndustrial waste ? You may search the Waste Data System at www.deq.state.mi.us/wdspi/ for companies that have notified as being liq uid industrial waste designated facilities and liquid industrial waste transporters. You may also look for companies that deal with liquid industrial waste in your phone directory under the heading "Waste Reduction, Disposal, and Recycling Service," or for used oils look under the heading "Oils-Waste." 3. What type and amount of insurance does the transporter or TSDF carry? Permitted and registered transporters are required to have insurance coverage to cover accidents and environmental spills. You may want to ask for proof of current insurance coverage for your records. 4. If you are hiring an independent transporter, find out what TSDF the transporter uses for your type of waste. Do they use a transfer facilfty? If the waste Is going to a treatment facility before disposal, where Is the ultimate place of disposal for the treated wastes? 5. Does the transporter or the faciNty offer special seNlces for small volumes of waste? Some transporters might not service Small Quantity or Conditionally Exempt Small Quantity Generators. 6. Does the transporter or TSDF ;nit/ally prepare the waste manifests or will they assist you by reviewing manifests you prepare for correct and complete information? Does the TSDF provide the land ban or land disposal restriction notice forms and do they help complete them? 7. Does the transporter test used oil prior to picking up the waste or do they require you to do any testing? Does the TSDF require specific tests or laboratories to be used? 1-800-662-9.278 www.michigan.gov/deq 1212015 -52 - Selecting a Waste Transporter and TSDF -Guidance ts there anything addiUonal to the labeling requirements you must do before your waste is picked up by the transporter or accepted at the TSDF? Some facilities have their own requirements as to how they accept waste material. For example, some companies will not accept hazardous waste In drums even though this is a common method of storage and only pick up bulk loads. 9. Does the transporter or TSDF se1Ve other businesses similar to yours? If so, obtain telephone numbers and contact these companies to evaluate the services they received. 10. Does the transporler de/Iver waste to the TSDF the same day that it's picked up? If not, ask questions about the company/location where the waste will be stored while in transport Hazardous waste must reach its final destination within 10 days. 11 . What steps does the transporter or TSDF operator take to avoid spills or leaks and minimize the facility's own legal liabit;ty? You may want to note for your records the method of temporary waste storage used at a treatment or recycling facility. If your waste is going to a hazardous waste landfill, ask about their leachate control and ground water monitoring provisions. Use this information when comparing companies. A company that costs more to take your waste but practices an extensive environmental protection program may actually be cheaper in the long run than a company that initially costs less but does not practice adequate environmental protection. If contamination occurs, you can be held financially responsible for the site cleanup costs. 12. Have any violations of state regulations occurred? You may also search the Waste Data System at www.deq.state.mi.us/wds1;1i/ for information regarding a company's compliance history. Call the appropriate DEQ, Qistrict Office, Hazardous Waste Program (see Appendix C) to discuss the compliance history for prospective transporters or a TSDF. Transporter and TSDF inspection files are kept by the Hazardous Waste Program at the DEQ, District Office responsible for the area where the business is located. If you want to review the files, contact the District Office to confirm the appropriate office and set up an appointment to review the records. 13. Will they enter into a written contract with you? For liability protection, it is a good idea to have a written contract that clearly identifies what specific services the company will provide. Be cautious of firms who do not want to offer a written contract for services. Conditionally Exempt Small Quantity Generators are not required to hire a permitted and registered hazardous waste transporter or dispose of hazardous waste at a hazardous waste TSDF, but it must be disposed of at a facility that can legally accept the waste. It is recommended that CESQG exempted hazardous waste be sent to a hazardous waste disposal facility or waste recycler. Your waste that is not considered a liquid waste (passes the paint filter test) can be disposed of at a municipal solid waste landfill if the landfill authority will accept it. Your liquid waste must be hauled by a permitted and registered liquid industrial waste transporter, unless you haul your own generated waste from equipment in which you own and interest and meet the liquid industrial waste self transport requirements in the regulations. If you are unsure who to talk to about waste, call the Environmental Assistance Center at 800-662-9278, or E-mail deq-ead-envasslst@mlchlgan.gov for a referral. This puO/ication is intended for guidance only and may be impacted by changes In /tJg/s/ation. rules, policies. and procedvres ac:lopted after the dare of publication. Although /his publication makes every effort to teach tJssrs how lo meet appllcable compliance obllga!lons. tise of this publication does not constitute the rendering of legal ar:lvice. 2 -53 - Nelme ofE:stabllshm~nt I Esfabllshment DBA {If Known) G~EAT'LAKESWELLNESS SOLUTIONS LLC Est11till~.hm.ent Address Clcy State PARC.EL #33-Cl1-01·32-451·531 S M L KIN~· Lans(ng Ml JR BLVD Medical Marihliana Provisfonin·g Center Application · OFF/CAL USE ONLY March 10, 2018 REVISED DENIAL Sanitation and Waste Disposal R.evfew: Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. · ~QS§)~ James Bennett, C.B.O. Building Safety Office Department ofEcouomic Development and Planning Page 1 of I -54 - p PRIORITY MAIL 2-DAY™ Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 0004 lc105I SHIP Superior ~llness & Solutions LLC TO: Great Lakes ~llness & Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS TRACKING# 1111111 111 Hiii 111 ~ ~ I 9405 5118 9956 0518 9290 39 '':n~t:a Shipping Label Receipt oe11vory Connnnauon"' S.rvlce Numb~r: 9405 5118 9966 0618 9290 39 Priority M .. 2-oAY ~USPS TAACl<INO #' ei-Ja !1""4ct F .. : S0.000 TOC.I PC>lilgo lllld Fen; SO.$S W<lght 1ot Pt1nl Otl•: 03/1~14 MtlD~O 0.lt: 03/1e/20t8 Fram: Chr~ Swope 10: L.ansltlg City Clerk's Olllce 124 WMlchlgan Avo Floor 9 ltn$1ng Ml 48933 Stipqrlor Wellness & SOlutron$ U.C Great LakM Wallnoss & Sohstlona U.C 3334 Roehe$\er Rd 165 TtOy Ml 4~5~26 USPS -"" H"" lnstrucUons: 1. ,.,,.;n ihlppkig lobd lo pecho..,,lh •-or "'10-DO NOTTAPI! OVER BAACODE. le ouro oll odO<t "'-t...,...d. Sdklflollivo Ill* li~onded, 2. Plto<1 lht labil to•~• Ml Wfllll """'nd Ult tdOO d lllo PocbllO. 3. Thll padcago may bo d4pctltod In ony oollodlon bac, hatldtd lo yo.JI mt!! MW, or Pl'H<nllHl IO • -tt ycur"""" P05I omco. 4. ti.Ith t<lillll'maaan~I• unlqu11nd...,, i.. uM<lonJyonc. - DO NOT PHOTOCOPY. -55-'· Vou mlltC tllll IN• peckogo on Ille "!NI dola' lhal Is 'l'"<flod on IN t llbol. March 15, 2018 Great Lakes Wellness Solutions LLC 3334 Rochester Rd # 165 Troy, Ml 48083 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at Parcel #33-01 -01 -32-451-531 has been denied. The Sanitation and Waste Disposal plan which you resubmitted and is considered part of your application is insufficient to demonstrate compliance with City of Lansing and State of Michigan law. You have the right to appeal this denial of licensure within 14 days of the date of this letter by filing with the City Clerk's Office a written statement setting forth fully the grounds for the appeal pursuant to Chapter 1300.15(c). Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all information in your written appeal that you would like the hearing officer to consider. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mict 56 Ave., Lansing, Ml 48933-1695 517-483-4131 $ --177-0068 FAX u11•11A1 l~l"lcinnmi nn11/f'li:>rl< C: r.l,..rl<l?ill::in~innmi nnv If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski; Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Micl ·57 Ave., Lansing, Ml 48933-1695 517-483-4131 $ -·i77-0068 FAA COVERT & CALKINS March 28, 2018 •I • :.,-r,i f. 'l Chris Swope, Lansing City Clerk 124 W Michigan Ave Via Hand Deilve&,; 'U.t c-:, Lansing, Ml 48933 -: ~·-' .· r- r·.;, 1.0 '1 ,_ .. l"ll RE : Great Lakes Wellness Solutions LLC-South MLK Parcel ID #33-01-014 32-451-531 ~:?. 3'i ........ Provisioning Center Application Denial Dear Clerk Swope and the Office of the City Clerk This letter serves as a notice that Great Lakes Wellness Solutions (Great Lakes) is appealing from your decision to deny its applicatlon to operate a Medical Marihuana Provisioning Center in the City of Lansing on South Martin Luther King Jr Ave. Under Chapter 1300. lS(C) of the Lansing Code of Ordinances (Ch. 1300), Great Lakes has a right to a review and hearing of any denial or revocation of a license made under Chapter 1300. Background: Great Lakes submitted their application for a Provisioning Center License under Ch. 1300 to the Lansing City Clerk's Office on December 15, 2018. On February 5, 2018, Great Lakes received an email from the City Clerk's office indicating that the Building Safety Department had recommended that its application be denied because "The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36" and that it had 10 days to resubmit the plan. This notice also included information about deficiencies with the Facility Site plan. The Facility Site Plan section listed specific subsections of the Rules that needed to be addressed. The language, quoted above, regarding Rule 36 Included no such specificity. Great Lakes contacted the City Clerk's office for further explanation on 4 separate occasions, February 5th at 9:39 AM, the 7th at 2:42 PM, and twice on February 13th, at 10:20 AM and 1:31 PM. During these calls, City Clerk staff, and Deputy City Clerk Deb Blehler were unwilling to give additional information or resources, and merely repeated the language that was included in the February 5, 2018, e-mail. Lansing's Medical Marihuana Provisioning Center Application only required a "Facility Sanitation Plan 1300.5(18)" and did not specifically request a "waste disposal plan." In an effort comply with the ordinance, the Clerk's vague request, and the Rules, Great Lakes reviewed the LARA Emergency Rules (Rules) and created a waste disposal plan that complied with Rule 36. 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (51 7 ' ?f\3-0908 1 01-58 - COVERT & CALKINS Great Lakes also amended other parts of their application to provide more robust procedures for dealing with waste and sanitation. Great Lakes submitted this Waste, Chemical & Plant Waste Disposal Plan (Plan) to the City on February 13, 2018. When presented for review with Deb Biehler of the City Clerk's office, she indicated that the Plans were overboard. On March 15, 2018, Great Lakes received another e-mail from the City Clerk that indicated that its application had been denied because "The Sanitation and Waste Disposal plan which you resubmitted and is considered part of your application is insufficient to demonstrate compliance with City of Lansing and State of Michigan law/' This Is the first notice that either plan did not comply with City of Lansing law. It does not indicate which section of Ch . 1300, any other section of the Code of Ordinances, or which Michigan statute provides grounds for the denial. Further, it falsely indicated that the requirements come from the statute when in fact the requirements come under the Rules, as mentioned above. This denial was even less informative and descriptive than the February 5th notice. No further Instruction or information has been given despite efforts to contact the City Clerk's office. Further, the March 15th denial letter indicated a material change to the appeal procedures in two ways: Issues 1. This letter indicated a change in the appeal procedures by mandating an entirely new "paper appeal" process. This change is contrary to the hearing requirements under Ch. 1300.lS(c). 2. This letter also indicated "If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied." Previous denials did not force existing operations to cease until after exhausting the appeals process. Great Lakes was not given an opportunity to cure any potential deficiencies with the Plan under Ch. 1300.5( 18), since notice that the Plans were not in compliance with "Lansing laws" is only included in the March 15th final denial, not the earlier notice on February 5th. This sudden and material change does not comply with Ch . 1300.lS(C), which indicates that Great Lakes will be given notice of any defect and will have a cure period. Such a period was not given, and results in an unfair application of the rules. 1129 North Washington Ave , Lansing, MI 48906 Phone : ( 517 ) 512-8364 Fax : (517 ) 253-0908 2 0_59. COVERT & CALKINS The City of Lansing is not the appropriate body to determine compliance with the Rules. LARA is continually releasing more information through bulletins and public education sessions that provide clarifications on how to comply with this entirely new regulatory scheme. As recently as March 25, 2018, LARA and the Bureau of Medical Marihuana Regulation (BMMR) presented information that compliance with the Rules, building codes, and state fire codes will be determined by state agencies, not local municipalities. Further, Rule 16 states "(1) The department [LARA and BMMR] shall do all of the following with respect to inspections and Investigations of applicants, licensees, proposed marihuana facilities, and marihuana facility operations: (a) Oversee and conduct inspections through Its investigators, agents, auditors, or the state police of proposed marihuana facilities and marihuana facilities as provided in section 303 of the act to ensure compliance with the act and these rules .... (c) Inspect and examine marihuana facilities and proposed marlhuana facilities." (emphasis added) Bo.th Rule 36 and Ch. 1300.5(18} are vague. The City Clerk's office refused to provide elaboration on the grounds for denial. The Lansing ordinance was not cited in the original February 5th deficiency notice, but is provided as grounds for denial in the March 15th notice. Together, this information indicates that the City Clerk made an arbitrary and capricious decision not based on any statute, ordinance, or administrative rule, and indicates a likely animus against Great Lakes. Grounds for reversal: I. The December 2017 Facility Sanitation Plan complies with Ch . 1300.5(8)(18), and any perceived deficiencies are not "material violations" that should result in a denial or revocation of a license, as required under Ch. 1300.15(8)(1) ofthe Ordinance. The original submitted plan is sufficient to substantially comply with Ch. 1300. II. Ch 1300.5(8)(18) requires that the facility sanitation plan needs to protect from ingestion of Marihuana by animals or people, must Indicate how Marihuana waste will be disposed of, and how Marihuana will be rendered unusable. The Amended Waste Plan submitted to the City Clerk on February 13, 2018 is not a ''Material Violation" that should result in a denial or revocation of a license, as required under chapter 1300.lS(B)(l) of the Ordinance. The submitted Plans are sufficient to substantially comply with both Ch . 1300 and Rule 36. 1) Chapter 1300.5(18) requires that the facility sanitation plan needs to protect from ingestion of Marihuana by animals or people, must indicate how Marihuana waste will be disposed of, and how Marihuana will be rendered unusable. i. Chapter 7(f) on Page 24 of the Original Business/Facility Plan, Great Lakes Indicates that it will comply with all other applicable State and Local bulldlng 11 29 North Washington Ave, Lansing, MI 489 06 Phone : ( 517) 51 2-8364 Fax : (5 1 7 ) 253-0908 3 0 -60- COVERT & CALKINS code requirements intended for storage, sanitation, and safety. This indicated incorporation by reference of the Rules and Ch. 1300. ii. The Statement of Correction dated February 13, 2018, includes a revamped Waste, Chemical, and Plant Waste Disposal plan as well as amending the Policies and Procedures Manual part D.3: Inventory Control (collectively "Plans"). These changes thoroughly describe the methods Great Lakes will use to comply with Ch.1300.5(18). 1. Waste, Chemical, and Plant Waste Disposal Plan: Any waste will be placed in a dumpster, which is protected on three sides by a brick enclosure as well as a locked gate. The dumpster will have an additional locking mechanism. Keys to the gate will be held at all times by a managerial employee. Employees will only be given temporary access to the dumpster when actively disposing of waste. Employees will have to work in pairs to ensure accountability, and that Great Lakes at all times compiles with the Rules and Ch. 1300. 2. Policies and Procedures: D. Inventory Control -3. Disposal of Unusable Medical Marlhuana: The Method of disposal mirrors the language of Rule 36, Chapter1300.9{k) and 1300.5(18). The amended plan indicates that waste Marihuana will be ground for natural biodegradation, will be rendered unusable In compliance with Rule 36, and any further guidance from LARA and the BMMR. The policies also indicate that any waste or destroyed product w ill be reported through METRC or an approved third-party integration, such as MJFreeway. 2) Rule 36 requires that: (1) Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. (2) A licensee shall not sell Marihuana waste or Marihuana products that are to be destroyed, or that the department orders destroyed. (3) A licensee shall manage all waste that is hazardous waste pursuant to part 111of1994 PA 451, MCL 324.11101to324.90106. (4) A licensee shall dispose of Marihuana product waste In a secured waste receptacle using 1 or more of the following: (a) A manned and permitted solid waste landfill. (b) A manned compostable materials operation or facility. {c) An in~vessel digester. (d} In a manner in compliance with applicable state and local laws and regulations. l. As noted above, the Plans are sufficient to substantially comply with the Rules. No guidance has been given from LARA to indicate specific, required, 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517 } 512-8364 Fax : (51 7 ) 253-0908 4 C-61 - COVERT & CALKINS or even suggested methods to render unusable and unrecognizable any waste products1 and have not provided any other guidance or bulletins regarding disposal of waste Marihuana. ii. The Plans do indicate that any waste will be entered into the statewide monitoring system. iii. The Plans do indicate that any products that LARA orders destroyed will be destroyed in compliance with the applicable laws and rules. Iv. The Plans do indicate compliance with hazardous waste compliance. v. The Plans do indicate compliance with the disposal requirements. Ill. The March amended Waste and Sanitation Plans is sufficient to substantially comply with the above Rules and Ch.1300 1) The attached and updated March Plans further demonstrate compliance with these Rules by indicating the method by which Marihuana waste will be rendered unusable, borrowing language from the State of Washington's Medical Marihuana Program rules, listed here: i. Marihuana Waste shall be rendered unusable by grinding and incorporating the Marihuana Waste with other ground materials, so the resulting mixture is at least 50% non-cannabis waste by volume. The following acceptable materials may be combined with cannabis plant waste: 1. Compostable Mixed Waste: Marihuana Waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials: a. Food waste; b. Yard waste; c. Vegetable based grease oils; d. Soil; e. Biodegradable products and paper; or f . Clean wood 2. Noncompostable Mixed Waste: Marlhuana Waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials: a. Paper waste; b. Cardboard waste; c. Plastic waste; or d. Soil IV. In the alternative, the determination to issue a license denial because "[t]he Sanitation and Waste Disposal plan ... is insufficient to demonstrate compliance with City of Lansing and State of Michigan law" does not meet the requirements for a zoning determination under MCL 125.3606(bHd): 1129 North Washington Ave, Lansing, MI 48906 Phone: { 517) 512-8364 Fax : (51 7 ) 253-0908 5 0-62- COVERT & CALKINS 1) The determination is not based upon proper procedure because the March 15th license denial language Interprets both State law, LARA's Emergency Rules, and Ordinance 1217 ofthe City of Lansing, while the original February 5th deficiency notice only mentions the Emergency Rules promulgated by LARA. 2) The record does not reflect competent, material, or substantial evidence to support the City Clerk's determination. 3) The decision by the City Clerk does not reflect a reasonable exercise of discret ion granted by law t o the City Clerk's office. 4) The decision by the City Cl erk is arbitrary, and may Indicate animus against Great Lakes. Conclusion and Request for Relief Great Lakes requests that the Hearing Officer find that the original December submitted Plans are sufficient to substantially comply with the Rules and Ch. 1300. If the Hearing Officer does not find that the original December submitted Plans comply, Great Lakes requests that the Hearing Officer find that the Statement of Correction submitted on February 13, 2018, are sufficient to substantially comply with the requ irements under Ch . 1300. If the Hearing Officer does not find that the Statement of Correction Plans substantially comply, Great Lakes requests that the Hearing Officer find that the March Amended Plan is sufficient to substantially comply with the Rul es and Ch. 1300. In the alternative, Great Lakes requests that the Hearing Officer determine that the decision by the City Clerk to deny its license an arbitrary or capricious decision that Is not supported by material, substantial, and competent facts on the record. Should you have any questions, comments or concerns, please do not hesitate to contact our office. NC:JB Sincerely, COVERT & CALKINS 1:' ,.i'tk Calkins 1129 North Wa shington Ave, Lansing, MI 48906 Phone : ( 5 17 ) 5 12-8364 Fax : (5 1 7 ) 253-0908 6 <-63 - 7 grams (li4 oz) 14 grams(~ oz) 28 grams (Full oz) Bulk rne-Oicine will be bagged and labeled for record keeping. The labels will include the MJ Freeway Batch Number to view Vendor information. As medicine is distributed rrom the bulk packaging, our inventory control system powered by MJ Freeway, will update current batch quantities/keep record of our transactions. MMJ MUST NEVER BE STORED WITH FLAMMABLE OR HARMFUL CHEMICALS/MATERIALS. The MJ Freeway generates a label for our patients' medications and will be on front of the packaging. Labeling will include the official Michigan Department of LARA warning labels to avoid the potential of any unlawful use or access by children as well as the patients corresponding database patient profile number, their state issued Qualifying Patient Registry Identification Number, and the batch number of the marijuana purchased, the amount, the strain, the date of harvest and the date of purchase. Labels will include: • facility Registration ID # • Amount/Strain and batch # of MMJ • LARA Warning Statement • If not cultivated by the facility, the label will designate by which grower it was cultivated. • Date of manufacture, harvest, or sale. • List of chemical additives, non organic pesticides, herbicides, and fertilizers used in cultivation/production. • The acceptance or denial of Education Materials (denied or accepted) • Registry ID of the receiving Patient and/or designated caregiver. It ls always priority to utilize MJ Freew(ly automated receipts and labels and all transactions must be conducted via secure electro11ic device BY THE SELLER or via telep/ro11e by another Agent. If tile Age11t cannot run Ille Miclligan Department of LARA system, YOU CANNOT COMPLETE THE TRANSACTION. If another Agelll records tlte transaction i11 Michiga11 Departmelll of LARA on your bellalf, yo11 'll be reqllired to tzote this 011 tlte respective trip plan. 7, Stmitutio11 Pinn, Proper Storage n11d Safety in tlie Ftu:lllty -1300.5(18) (a) A grower/processor/provision facility shall maintain its facility in a sanitary condition to limit the potential for contamination or adulteration of the medical marijuana grown, processed, or dispensed in the facility. The following apply: (i) Equipment and surfaces, including floors, counters, walls and ceilings, shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the United States Environmental Protection Agency, in accordance with the instructions printed on the label. Equipment and utensils shall be so designed and of such material and workmanship as to be capable of being adequately 23 GLWS -64- clean~d and sanitized. (ii) Trash shall be properly removed. (iii) Floors, walls and ceilings shall be kept in excellent condition. (iv) Equipment, counters and surfaces for processing and dispensing must be food grade quality and may not react adversely with any solvent being used. (v) Adequate protection against pests shall be provided through the use of integrated pest management practices and techniques that identiy and manage plant pathogens and pest problems, and the regular disposal of trash to prevent infestation. (vi) Toxic cleaning compounds, sanitizing agents, solvents used in the growing and processing of medical marijuana, and pesticide chemicals must be labeled and stored in a manner that prevents contamination of seeds, immature medical marijuana plants, medical marijuana plants and medical marijuana, and in manner that otherwise complies with other applicable laws and regulations. (b) An employee working in direct contact with medical marijuana is subject to the restrictions on food handlers (reiating to restrictions on food handlers). An employee shall otherwise conform to sanitary practices while on duty, including the following: (1) Maintaining adequate personal hygiene. (2) Wearing proper clothing, including gloves (3) Washing hands thoroughly in an adequate hand-washing area before starting work and at any other time when hands may have become soiled or contaminated. (4) Refraining from having direct contact with marijuana if the person has or may have an ilness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected. (c) A grower/processor/provisioning center shall provide its employees and visitors with adequate and convenient hand-washing facilities furnished with running water at a temperature suitable for sanitizing hands. The following apply: (i) Hand washing facilities must be located in processing areas and where good sanitary practices require employees to wash and sanitize their hands. (ii) Effective non toxic sanitizing cleansers and sanitary towel service or suitable drying devices shall be provided (d) A grower/processor/provision shall provide its employees and visitors with adequate, readily accessible lavatories that re maintained in a sanitary condition and in good repair. (e) A grower/processor/provision shall ensure that its facility is provided with a water supply sufficient for its operations which shall be derived from a source that is a public water system, or a nonpublic system that is capable of providing a safe, potable and adequate supply of water to meet the operation needs of the facility. (f) A grower/processor/provisioner shall comply with all other applicable State and local building code requirements intended for storage, sanitation, and safety. 24 GLWS -65- Basic Storage and Access Requirements 1300.9 (F) (G) The following basic storage requirements apply to all hazardous chemicals including medical marijuana. Storage Area Requirements: ../ All activity related to the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility shall be done indoors . ../ All storage of medical marijuana shall be out of the view of the public and in locked, vaults and safes with a minimum fire rating of !~hour. Vaults and safes will be located in designated storage areas only accessible by the facilities qualified and registered employees and only after gaining authorized key agreements for specified personnel. ../ 1300.9 CF) All Medical Marihuana Storage areas within the provision center must be separated from any customer/patient areas by a PERMANENT BARRIER. Unless permitted by the mmma, no medical marihuana is pennitted to be stored in an area accessible by the general public or registered customers/patients. Medical marihuana MAY BE displayed in a sales area ONLY if permitted by the MMFLA. PUBLIC OR COMMON AREAS OF THE MEDICAL MARIJUANA provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from restricted or non-public areas of the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility by a PERMANENT BARRIER. NO medical marijuana is pentlitted to be stored, displayed, or transferred in an area accessible to the general public . ..! ALL medical marijuana storage areas within the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from any customer/patient areas by a permanent barrier: Unless permitted by the mmfla, no medical marijuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical Marijuana may be displayed in a sales area only if permitted by the mrnfla and local gov't agency . ../1300.9 CG> Any usable medical marijuana remaining on the premises of a medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility, while the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility is not in operation shall be secured in a safe permanently affixed to the premise . ../ All storage areas will have designated signs indicating the limited access to specified facility agents only . ../ The dispensing floor will only be accessible by patients upon after completion ofa registered patient profile under the facilities patient management system gathering all required data but not limited to : A photocopy of the patients Registry Identification Cards name, address, and date of birth of the qualifying patient; name, address, and date of birth ofthe primary caregiver, if any, of the qualifying patient; date of issuance and expiration date of the registry identification card; a random identification number~ A photograph, if the department requires one by rule; and a clear designation showing whether the primary caregiver or the qualifying patient will be allowed under state law to possess the marijuana plants (determined based solely on ci1e qualifying patient's preference)_ and with verification of State's electronic system, and only after being checked-into the facilities patient 25 GLWS -66- management system and verifying that the patient is eligible to purchase marijuana and has not exceeded his/her patient allotment by LARA's system . ./Label storage areas according to the type of chemical family or hazard classification found there . ./All storage, processing, breaking down of product, will be done in a separate room out-side of public view and the dispensing floor . ./ Inspect storage areas at least annually, as required by OSHA . ./ Keep aisles, hallways, doorways, exits, and entryways clear . ./ Keep storage areas well lit, appropriately ventilated, and at a consistent, cool temperature . ./All storage areas will be properly ventilated and air-filtered to the highest degree ./Eliminate ignition sources such as open flames, heat sources, or direct sunlight . ./ Keep emergency equipment such as fire extinguishers handy and in good working order . ./Confine chemical storage areas so that leaks or spills are controlled. Prevent chemicals from running down sink, floor, or storm water drains. Clean up spills and drips immediately. Ventilation Policies -1300.90) The facility shall not operate in a manner creating noise, dust, vibration, glare, fumes or odors detectable to nonnal senses beyond the boundaries of the property on which the Provisioning Center is operated or any other nuisance that hinders the public health, safety and welfare of the residents of the City of Lansing. Exhaust fans will be installed that will provide a minimum of IO air changes an hour. The exhaust system shall have a means of replacing the exhausted air with makeup air. Either interlocked mechanically or negative pressure natural ventilation. Calculations will be required on the plans to show that the exhaust system will be creating a negative pressure in the business so as to draw in fresh ventilation air. A note will be added to the plans stating that an air balance report will be required to show compliance with the approved plans. The complete report, including a statement of compliance on company letterhead from the entity designated by the design engineer shall include a wet-stamp and wet signature. The inlet of each exhaust will have a carbon tilter installed. The filters will have a replacement schedule of monthly. Owner/Operator shall maintain written service records and provide them to the Authority Having Jurisdiction (AHJ) upon request. Each exhaust fan will be independently ducted out through the roof of the business. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To ensure that the workplace is safe for staff, visitors, and patients by ensuring that all chemicals are stored and handled in the safest and most secure way possible. 26 GLWS -67~ IMPLEMENTATION: BEFORE YOU START: TRAINING AND INFORMATION A staff member must undertake training in: First aid Safety procedures in case of accidents . Posters about the use of chemicals should be placed on the walls where chemicals are stored and decanted in order to educate staff and visitors to the Service. REMEMBER: All potentially dangerous products must be clearly labelled and stored independently of all medication -Put a dangerous goods label on containers that require them. -Storage areas must be clearly labelled. -No chemicals are to be stored on the floor. -Store containers at a height that makes them easily accessible for decanting, but not so high that they pose a risk when they are lifted down. Wherever possible use non-hazardous products in preference to hazardous products eg use a non-toxic sanitation cleaner rather than a toxic cleaner like bleach. It is important to discuss the dangers of certain products. NEVER: Store chemicals, in a soft drink bottle or other food or drink container. Mix. chemicals. All preparation is to take place in a specific preparation area separated by barrier from public access areas. IF AN ACCIDENT HAPPENS IF A SPILLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FfRST AID PROCEDURES ON THE MSDS IF A PATIENT OR WORKER INGESTS ANY CHEMICAL CALL THE POfSONS fNFORMATCON SERVICE CALL 13 l l 26 COMPLETE AN ''Incident and Accident Record Fonn" BE INFORMED ALL EMPLOYEES NEED TO BE FAMILIAR WITH THE CHEMICAL PRODUCTS USED fN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous particularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also bum the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. Many pesticides are also toxic. Petrol or two-stroke petrol-oil mix used in lawnmowers can burn skin, damage eyes and 27 GLWS -68 - be a fire hazard unless stored properly. Some adhesives can cause serious damage to eyes and skin and the fumes can be toxic. INFORMATION ABOUT CHEMICALS: Each program must have Material Safety Data Sheets (MSDS) for the materials in use. MSD Sheets must be located in plastic sleeves alongside the chemicals in the storage areas . A copy of each MSD Sheet and a Chemical Register must also be kept in the office. The manufacturer or supplier is required by law to make adequate information available. WHAT DOES THE MSDS CONTAIN? Each MSDS details: the chemical ingredients; its effects on health when swallowed, inhaled, splashed into the eye or spilled on the skin; precautions to be followed when using the chemical; infom1ation on safe handling and storage. WHAT TO DO WHEN USING CHEMICALS: When using any chemicals: Read the MSDS. Follow the manufacturer's instructions for use on the label. Be aware of potential hazards. Read first-aid instructions on the container. Make sure that chemical containers are correctly labelled. Use the appropriate and approved personal protective equipment such as gloves, aprons, goggles and respiratory protections such as masks when using the chemical. The appropriate equipment will be listed in the MSDS. General sanitation In the facility· Discard trash in the appropriate waste cans: Regular Trash, Recycle, and Chemical Waste I Hazardous Disposal. Marijuana material waste/ hazardous and other waste separate. Sweep/mop floors daily and wash away dirt and dust. Trash taken out dally. No trash is to be left in any trashcan with the facility after hours. Remove trash to dumpster and plant waste/soil t o proper waste/disposal area.IF UNABLE to dispose of marihuana plant material waste before close of business day, all marihuana plant material waste is to be stored, locked In the s;;ife or vault. All rooms, areas and surfaces sanitized and cleaned daily. facility C!eanjng And Sanjtatjon Standards • All employees must wash their hands prior to returning to work If they've used the restroom or handled any sort of facility trash and/or waste. If you use the bathroom, use the provided handwashing sink in th~t bathroom before exiting. If you have handled and other sort of facility trash and or waste, wash hands in the provided hand washing sink in the water heater room, directly to the right when passing through the doorway into the dispensing room. • Medical Marijuana must be properly stored and handled carefully to avoid any contamination. • Refuse/Waste must be removed from the facility at least every 24 hours. • All Medical Marijuana Equipment Including scales and surfaces must be cleaned dally. • All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, knives, saws, 28 GLWs -69- cleavers, other utensils, or the machinery used in moving, handling, cutting, chopping, mixing, canning, packaging or other processes are cleaned daily. • All stored edible food products must be securely covered. • When handling MMJ and or/infusing products Agents must wear sanitary Gloves, keep fingernails trimmed and free of polish or chemicals, wears clean and protective clothing. • If you ever see that MMJ has been contaminated, please advise the Medical Director and dispose of material if necessary • Wash again after touching body parts other than clean hands/exposed arms Chemicals Great Lakes Wellness Solutions will implement an all "green cleaning" method In which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the GreenBuy Award Program . However, treat all of them with extreme caution. Employees are famlliarlied with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dark, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. Llst of all Chemicals to be used in Provisioning Center: 1. lsopropyl Alcohol 2. Chemicals which have "LOW voe or NO VOC"; Products certified and labeled by United States Environmental Protection Agency (EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial/ Sanitation Wipes 4. Bleach s. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures on ly. Know where the water source, MSDS notebook, and first aid kit are located. If in doubt, ask the supervisor. No smoking In or around when chemicals are stored, mixed, or used. No eating in or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, in a container, or bag. II. Audits The individual designated in subsection (A) shall conduct and document an audit of the facility's 29 GLWS -70- Grent Lakes Wellness Solutions March Amended Marihuana Waste Plan Disposal Plan f'or Product Destruction and Waste Management Great Lakes Wellness Solutions LLC (GREAT LAKES) will implement the system of controls outlined in this document to prevent unused marihuam1 or marihuana derivatives and waste from leaving GREAT LAKES's facility, to protect the public and animals from encountering or ingesting unused, expired, unusable, or contaminated marihuana product, by-products, or waste. GREAT LAKES will record all marihuana product that is rendered for waste in MJ Freeway, our selected J•'d party METRC integration. METRC is Michigan's statewide seed-to-sale monitoring system. Once available, we may change to one of the approved third-pa1ty METRC integrations. All logs and disposal records have a secondary cloud backup, which is available on demand. GREAT LAKES will not sell marihuana waste, marihuana products that are marked to be destroyed, or marihuana products the Department orders destroyed. Marihuana Waste includes, but is not limited to: contaminated, unused, surplus, retunied , expired, and/ or recalled medical marihuana products and/or 1narihuana plant debris, as well as marihuana product, stems, flowers, and other materials used in the dispensing of medical marihuana, which may include gloves, paper towels, and other items associated with medical marihuana and its provisioning pursuant to local and state-issued provisioning center licenses. No Marihuana Waste will be discarded in general waste containers. Separate, Secured Marihuana Waste bins will be placed in areas where Marihuana Waste is collected within GREAT LAKES's facility. GREAT LAKES will then ensure that all the Marihuana Waste in these containers is rendered into an unusable and unrecognizable form through physical alteration or destruction, as detailed below. Then, a state-approved disposal facility will pick up GREAT LAKES's unusable and unrecogn izable Marihuana Waste and deliver it to a manned and permitted solid waste landfill or such other lawfully permitted methods as we may elect to utili ze in the future. 11Pag e -71- Disposal/Destruction of Waste Product Protocol G1•eat L11kcs Wellness Solutions March Amended Marilu1ana Waste Plan Upon receipt of the unused, expired, or otherwise unusable medical marihuana product(s) or byproduct(s), GREAT LAKES will segregate product(s) from all useable products and immediately transferred within the appropriate container located in a quarantine area with a specially designated disposal safe within the secure storage room that GREAT LAKES has in- place to maintain compliance with all state and local regulations regarding the disposal of contaminated products and Marihuana Waste. Marijuana Waste shall be rendered unusable by grinding and incorporating the Marijuana Waste with other ground materials, so the resulting mixture is at least 50% non-cannabis waste by volume. The following acceptable materials may be combined with cannabis plant waste: Compostable Mixed Waste: Marijuana Waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials: • Food waste; • Yard waste; • Vegetable based grease oils; • Soil; • Biodegradable products and paper; or • Clean wood Noncompostable Mixed Waste: Marijuana Waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials: • Paper waste; • Cardboard waste; • Plastic waste; or • Soil All the above marihuana materials and medical marihuana products will be stored in the designated disposal safe and then transported in a locked and secure storage compartment via a third-party waste removal company that has been approved by the Department for that purpose. 21 Page -72- Great Lakes Wellness Solutions Mardi Amended Marihuana Waste Plan Marihuana Waste Storage Marihuana Waste will be taken to the quarantine area of the secure storage room. All medical marihuana products awaiting disposal and Marihuana Waste will be stored in a locked container, recorded in METRC (the statewide monitoring system), and disposed of in accordance with these Marihuana Waste disposal policie$ and procedures. Note: because GREAT LAKES will be operating a provisioning center, it will not be generating wastewater as identified in the Department's Emergency Rule 36(5) or hazardous waste as defined in MCL 324.11103. But to the extent that any is generated, this Disposal Plan would include any such wastewater or hazardous waste and GREAT LAKES's procedures outlined herein comply with all applicable state and local laws and regulations and will be amended as necessary. Marihuana Waste Transportation and Disposal All Marihuana Waste, after being rendered unusable and designated for destruction will be picked up and handled by a licensed waste disposal company. All transport vehicles will be staffed or accompanied by a minimum of two waste company employees, one person will remain with the vehicle until these materials are received and quarantined at the designated destrnction facility pursuant to MCL 333 .27503. At any time, marihuana, Marihuana Waste, or marihuana products are transpo1ted out of the OREA T LAKES facility for any reason, the following policies will be adhered to : • • • • • • • A manifest will be created for all materials marked for destruction; The manifest will be verified as accurate by a Manager of GREAT LAKES; The third-party transporter will record the time waste materials were picked up from the GREAT LAKES facility on the Transportation Event Log; Any vehicle accidents will be reported by the transporting team to the GREAT LAKES Manager or unit Manager immediately; Any loss or theft of medical marihuana products will be reported by the transporting security officer immediately to the OREA T LAKES Manager or unit Manager; Any Manager receiving a loss or theft rep01t from a transporting security company will notify a Manager immediately, and the OREA T LAKES Manager will report the occurrence to the appropriate law enforcement agency and the Department immediately; and A OREA T LAKES Manager will ensure transportation records are maintained in accordance with regulations and provided to the Department, upon request. 31Page -73 - Great Lakes Wellness Solutions March Amended Marihuana Waste Plan Waste Record Keeping All plants and products are tracked within GREAT LAKES's approved METRC integrated inventory. The GREAT LAKES Manager are responsible for developing and implementing operational procedures for inventory management and waste disposal that follows Department regulations and state and local law. The Managers are responsible for oversight of all inventory management activities and for implementing and enforcing the policies and procedures at the provisioning center. When the destruction of Marihuana Waste occurs, GREAT LAKES keeps a record of the following information on our waste log: • • • • • The time date on which the medical marihuana was destroyed, the name of the substance destroyed and its net weight on that date, before the destruction; The location at which it was destroyed; A brief description of the method of destruction; The names of the witnesses to the; and If applicable, the name of the person who accompanied the medical marihuana . METRC and approved third party integrations allow for tracking of all waste within the system intended for destruction. The interface allows OREA T LAKES to collect all inventories within the system in a centralized location for destruction. Manually Entering Waste Disposal to METRC Procedures In the event GREAT LAKESs selected seed to sale METRC approved lhird patty software is not working or GREAT LAKES decides to use a different software, the GREAT LAKES staff have the option to manually enter the information in METRC, the statewide monitoring system to maintain in compliance I 00% of the time. This will continue to be backed up through the remote cloud backup storage. Here is the procedure to use METRC manually: I . Select the product you want to repoit as waste 2. Click the "Report Waste'' tab at the top of the screen 3. Enter the required information in the Pop-Up Screen 1. Batch Information 11. Weight of Product Reported as Waste 111 . Date Product is being Reported as Waste iv. Unit of Measurement for the Product Weight v. Select the "Report Waste" Button at the bottom of the pop-up screen. 41Page -74- Procedures for Cleaning Marihuana Waste Bins I . Wear personal protective equipment as appropriate for the procedure; 2. Collectthe bins and take to the washing area; 3. Spray wash inside and outside of the bins and rinse with fresh water; 4. Turn the bin upside down or on side to drain, allowing approximately 30 minutes to dry; 5. Clean all cleaning equipment and return it to the appropriate storage area or discard as appropriate; 6. Once dry, line the bin with the appropriate size bin liner and place in storage or return to the waste gathering area; 7. Remove personal protective equipment; and 8. Perform hand hygiene. 51P a g e -75- Biehler, Deb From: Sent: To: Subject: Attachments; James Bennett, C.B.O. Bennett, Jim Tuesday, April 10, 2018 6:09 PM Jackson, Brian; Biehler, Deb Great Lakes Wellness S MLK Great Lakes Wellness 33-01-01-3 2-451-531 Waste Plan Denial Appe.pdf Building Official -Building Safety Office Manager Department of Economk: Development and Planning 316 N Capitol Ave., Suite C-1 I Lansing, Ml 48933 0 : 517-483-4155 I C: 517-230-9299 I E: jim.bennett@lansingmi.gov Website I Facebook I Twitter I lnstagram Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM -76- Marihuana Dispensary Waste and Disposal Plan Disapproval Great Lakes Wellness Parcel 33·01-01-32-451-531 S MLK The resubmitted waste plan is deficient in the following ways. • The plan lacks specific procedure or process of rendering the marihuana product unusable and unrecognizable per rule 36 (1). • The plan fails to specify where (secured or unsecured area) within the building that the waste will be stored both before (to prevent cross contanilnation) and after rendering it unusable. • The plan fails to specify which of the four methods of disposal will actually be used per rule 36 (4). Therefore, the plan lacks sufficient detail to determine that it complies with the emergency rule 36 or section 1300.9 (K) of Lansing Ordinance 1217. Page 1of1 -77- MEMO To: Chris Swope Lansing City Clerk From: Mary Kay Scullion (P36237) Re: Application of Great Lakes Wellness Solutions, LLC dba GreenPharms South MLK Parcel ID #33-01-01-32-451-531 Date: May 14, 2018 Introduction and Background The Application by Great Lakes Wellness Solutions, LLC was submitted to the Lansing City Clerk's Office within the deadline for original applications. On February 5, 2018, The Lansing City Clerk advised Great Lakes Wellness Solutions, LLC that their application to operate a Provisioning Center at the above referenced site was conditionally denied due to the failure of the Facility Plan to comply with the State of Michigan Emergency Rule 8(2)(b-f). A second conditional denial was based on the failure of the Plan to contain adequate detail, as required by Emergency Rule 36, concerning waste disposal. The entity was given 10 business days to correct the deficiencies in quesion. A corrected sanitation and disposal plan was submitted on or about February 13, 2018. Based on a review of that submission, the Application was finally denied on March 15, 2018, for a failure of the "Sanitation and Waste Disposal Plan to demonstrate compliance with the City of Lansing Ordinances and with State Law. Great Lakes Wellness Solutions, LLC was advised in that letter of the right to appeal the denial within 14business days of the March 15th date. At some point an undated new disposal plan and "corrected" facility plan was apparently submitted to the City. There is, however, no date or date stamp which would confirm arrival of this revised plan before the expiration of the period for corrective action to be taken. On March 29, 2018, Great Lakes Wellness Solutions, LLC filed an appeal with the Lansing City Clerk's Office. That claim of appeal is what is currently before the City Clerk's Office. Applicable Ordinance Provision Emergency Rule 36 of the Michigan Department of Licensing and Regulatory Affairs regulates Marijuana Product Destruction and Waste. Emergency Rules 8 and 9 address facility plans. The importance of the State's regulatory scheme to the City of Lansing is inescapable to the extent that in the preamble to the Ordinance it states that the facilities will be regulated to the extent permissible under State and Federal Law, as well as City of Lansing Ordinances. Ord 1300.01 With regard to Provisioning Centers it states that "Except as may be preempted by state law or regulation", local ordinances will control. Ord. 1300.09 These provisions when read together make the case for a multiplicity of layers of regulation which are intended to operate concurrently to the extent there is no applicable preemption provision. One cannot lose sight of the fact that ''All activities related to medical marijuana •.. [including a medical marijuana -78- provisioning center ... shall be in compliance with the rules of the Medical Marijuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs ... [and] the rules and regulations of the City, the MMMA, MM FLA and the MTA." 1300.02(d) [emphasis added] Finally, in response to an assertion in the Appeal received on March 29, 2018, an unlicensed facility operating after December 15, 2017, is grounds for the denial of a license under both local ordinance and state law. This language has been applied to license denials by making it clear that the Applicants may not operate without a license. Analysis In its appeal, Great Lakes Wellness Solutions, LLC argues that it should be granted a license because it has complied with all of the requirements and that it was unaware that it would be expected to comply with Lansing laws. Ordinance 1300, and its subdivisions make it clear repeatedly that the intention of the framers of the Ordinance is that there is a multiplicity of regulatory schemes which must be taken into account when applying for a license and operating within the City of Lansing. It would be surprising, given the repeated statements In Ord 1300.01 et seq of compliance with state laws and local ordinances if there was no intent of the framers to Impose local as well as federal and state regulations on licensees. Great Lakes Wellness Solutions, LLC argues that It should be given a license because it is in '1substantial" compliances with the rules and regulations of state and local agencies. However, nowhere in the State statutes or rules or local ordinances Is It suggested that applicants be granted a license for substantial as opposed to actual compliance with the appropriate regulatory provisions. The revised disposal plan which was submitted sometime in February or March most likely came in after the February deadline for curing deficiencies. If this is accurate, and there is no way to confirm when the document was submitted, this Hearing Officer can only conclude that it did not come in until after the original deadline. On Aprll 10, 2018, James Bennett, the Building Safety Office Manager within the City's Department of Economic Development and Planning advised the City Clerk of specific failings contained In the revised plan. While that information was made available after the filing deadline, it would have been available to Great Lakes Wellness, LLC, and certainly provides the detail desired. It should also be noted that even though LARA has indicated that it would" oversee" building inspections, etc. common practice has been to base findings on the determinations of local inspectors. Nothing in the proposed revision to the Emergency Rule contradicts that since the regulatory scheme for medical marijuana sale and distribution Is built on a confluence of federal, state and local laws and/.or ordinances. Finally, it should be noted that the rationale for denial does not purport to involve zoning ordinance/regulation violations. -79 - stamps endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 0224 9590 71 Priolity Mail 2-DAY with USPS TRACKING #w Elecironlc Service Fee: $0.000 Total Postage and Fees: $6.35 Weight: 1 oz Print Date: 05N7/2016 Mailing Date: 05117/2016 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 Great lakes Wellness Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS Poslmarl< Here 1lag<Jar Pnonty Mal 2-0AY Service po;tage retes ~y . There os no lee lor °'*'6ry Ccnfllm8hon"' _.,.;ee on Priority Mell seMc:es wilt> use ol 11-.s eleclronie snppj"ll lel>el Po.imar1< reqiired 1r ree refund reql:.IB!iled. Demry lnlormetian is nol avaiable by 11hooe ror 1'1e eledrOOIC oCJ00n Instructions: 1. A<llere shipping label to package with tape or glue -00 NOT TAPE OVER BAROODE. Be S\Jfe all edges are secured_ Self-adhesive label is recommended. z. Place lhe label so If does not wrap around tile edge of the package. 3. This package may be deposited in any cdlection box, handed lo your mail carrier, or presented to a clerl< at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date• lhat is specified on this label. I C) co I May 17, 2018 Great Lakes Wellness Solutions LLC :3334 Rochester Road #165 Troy, Michigan 48083 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at S Martin Luther King Blvd parcel. I have determined your appeal is denied . You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. 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. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope,CMMC City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michiaan Ave., Lansing, Ml 48933-1695 517-483-4131 -81 ~377-0068 FAX www.lansingmi.gov/clerl\ i.;1Ly.clerk@lansingmi.gov THE COVERT LAW FIRM, PLLC June 14, 2018 Via Hand Delivery Appellant: Great Lakes Wellness Solutions, LLC South MLKParcel ID# 33-01-01-32-451-531 dba GreenPhanns Lansing, MI 48906 Attorney for Appellant: The Covert Law Firm, PLLC 1129 N. Washington Ave. Lansing, MI 48906 Appellee: Lansing City Clerk's Office Ninth Floor, City Hall 124 W . Michigan Ave. Lansing, Ml 48933 ·-.. -·! -< CJ r ·'- rTJ f""...,J <:!:;",) e:w c __ c: ....... .. ~ ·- +" -u --.; .. -"• c.~:) :::~) C') ::;.;; I.CJ RE: Appeal of Denial of Application to Operate a Medical Marihuana Provisioning Center for failure to submit a sufficient Waste Disposal Plan. -------------------------------~----------~------------------ This letter serves as notice and submission of appeal for Great Lakes Wellness Solutions, LLC (hereinafter "Great Lakes") in their appeal from your decision to deny its application to operate a Medical Marihuana Provisioning Center under Chapter 1300 of the Lansing Code of Ordinances (hereinafter "code"). Great Lakes brings this appeal pursuant to Chapter 1300.IS(C) of the code. Summaiy In its paper appeal filed on March 29, 2018, Great Lakes brought forward the following issues as grounds for reversal: 1. Violation of Due Process . No notice of deficiency was provided by the City of Lansing to Great Lakes which stated that Great Lakes' waste disposal plan was not compliant with ''Lansing laws." The initial deficiency notice provided to Great Lakes on February 5, 2018, stated that the waste disposal plan did not comply with Emergency Rule 36. 2. The amended waste disposal plan submitted by Great Lakes complies with Ch.1300 and Emergency Rule 36. Ch.1300 requires that the facility sanitation plan must do all of the following: ( 1) protect against ingestion of marihuana waste by animals or people, (2) must indicate how marihuana waste will be disposed, (3) how marihuana will be rendered unusable, and (4) prevent its acquisition by any person who may not lawfully possess it and otherwise in 1129 North Washi ngton Ave , Lansing, MI 48906 ( 517) -82-'.-8364 . ' 1 1-;1 CJ l il -~: ff l {:~~' THE COVERT LAW FIRM, PLLC conformance with State law. Great Lakes' waste disposal plan sufficiently addresses each criterion. 3. The determination to deny Great Lakes' application because "[t]he Sanitation and Waste Disposal plan ... is insufficient to demonstrate compliance with City of Lansing and State of Michigan law" does not meet the requirements for a zoning determination under MCL 125.3606(b)·(d). Factual Background Application for licensure by Great Lakes Wellness Solutions, LLC was submitted to the Lansing City Clerk's office within the required deadline to submit an original application. On February 5, 2018, Great Lakes was advised that their submitted application to operate a medical marihuana provisioning center was conditionally denied due to the failure of the Facility Plan to comply with Emergency Rule 8(2)(b) -(f). Also contained within this letter was a conditional denial due to an inadequate waste disposal plan under Emergency Rule 36. On February 10, 2018, Great Lakes submitted their revised documentation, including a Statement of Correction, within the required 10- da y deadline to cure these alleged defects. Their application was ultimately denied on March 15, 2018, for a failure of the "Sanitation and Waste Disposal Plan to demonstrate compliance with the City ofLansing Ordinances and State ofMichiganlaw." On March 29, 2018, Great Lakes filed an appeal with the Lansing City Clerk's office. On May 2, 2018, the City of Lansing sent correspondence to Great Lakes which indicated that its appeal had been denied. Substantive Law Emergency Rule 36 of the Michigan Department of Licensing and Regulatory Affairs controls Marihuana Product Destruction and Waste and requires the following: 1. Marihuana product that is to be destroyed or is considered wasre must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. Review of the materials submitted by Great Lakes addresses and meets these requirements. (See page 2 of 5apage Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 2. A licensee shall not sell Marihuana waste or Marihuana products that are to be destroyed, or that the department orders destroyed. Review of the materials submitted by Great Lakes 1129 Nor th Washington Ave, Lansing, MI 48906 (517)_93_:-8364 THE COVERT LAW FIRM, PLLC addresses and meets these requirements. See page 1, 2 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 3. A licensee shall manage all waste that is hazardous waste pursuant to part 111 of 1994 PA 451, MCL 324.11101-324.90106 . Review of the materials submitted by Great Lakes addresses and meets these requirements. (See page 3,4of5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 4. A licensee shall dispose of Marihuana product waste in a secured waste receptacle using 1 or more of the following: a. A manned and permitted solid waste landfill. b. A manned compostable materials operation or facility. c. An in-vessel digester. d. In a manner in compliance with applicable state and local laws and regulations. Review of the materials submitted by Great Lakes addresses and meets these requirements. See page 1 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual. The code requires that an applicant submit a facility sanitation plan. It should be noted that a sanitation plan and waste disposal plan are not congruent in nature and that the ''elements" required under the facility sanitation plan are as follows: l. Must protect from ingestion of Marihuana by animals or people; 2. Must indicate how Marihuana waste will be disposed of; and 3. Must indicate how Marihuana waste will be rendered unusable 4. Must prevent access by any person who may not lawfully possess it Chapter 7(f) on Page 24 of the Original Business I Facility Plan submitted by Great Lakes indicates that it will comply with all other applicable state and local building code requirements intended for storage, sanitation, and safety. This statement incorporates by reference the content contained within the Emergency Rules and the code. The Statement of Correction dated February 13, 2018, includes a revised Waste, Chemical, and Plant Waste Disposal Plan. The revisions describe with detail the methodology employed by Great Lakes to comply with Chapter 1300.5(18), as follows: 1. Waste, Chemical, and Plant Waste Disposal Plan: 1129 No r th Washington Ave, Lansing, MI 48906 (5 1 7)_84-~-8364 THE COVERT LAW FIRM, PLLC Any waste will be placed in a dumpster, which is protected on three sides by a brick enclosure as well as a locked gate. The dumpster will have an additional locking mechanism. Keys to the gate will be held at all times by a managerial employee. Employees will only be given temporary access to the dumpster when actively disposing of waste. Employees will have to work in pairs to ensure accountability, and that Great Lakes at all times complies with the Rules and Ch. 1300. 2. Policies and Procedures: D. Inventory Control-3. Disposal of Unusable Medical Marihuana: The Method of disposal mirrors the language of Rule 36, Chapterl300.9(k) and 1300.5(18). The amended plan indicates that waste Marihuana will be ground for natural biodegradation, will be rendered unusable in compliance with Rule 36, and any further guidance from LARA and the BMMR. The policies also indicate that any waste or destroyed product will be reported through METRC or an approved third-party integration, such as MJFreeway. These plans demonstrate actual compliance with the Emergency Rules and Lansing Laws. It should be noted that the applicable ordinance and Emergency Rule with regard to Marihuana Product Waste Disposal is vague. LARA has not indicated the specific methods to render waste product unusable and unrecognizable. Hearing Officer Analysis and Recommendation Chapter 1300. lS(c) states, "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." Hearing Officer Scullion's Memorandum and recommendation failed to address the violation of Due Process issue raised in the appeal submitted by Great Lakes on March 29, 2018. In her analysis, Hearing Officer Scullion states that ''Great Lakes Wellness Solutions, LLC argues that it should be granted a license because it has complied with all of the requirements and that it was unaware that it would be expected to comply with Lansing laws." This statement is wholly inaccurate and fails to recognize the issue presented. Great Lakes is aware of their obligation to abide by both state and 1129 North Washington Ave, Lansing, MI 48906 (517)_85-~-8 364 THE COVERT LAW FIRM, PLLC municipal regulation. The actual issue presented by Great Lakes involves the language set forth by the City of Lansing in its letter of denial and opportunity ro cure, dated February 5, 2018. The letter expressly states that it is the opinion of the Lansing City Clerk that the waste disposal plan submitted does not comply with Emergency Rule 36; the letter fails to recognize or illustrate any deficiency within the framework promulgated under Lansing Ordinance 1217. As such, Great Lakes curation was tailored to correct any perceived deficiency under state law. Great Lakes was never provided notice with an opportunity to cure an alleged deficiency pursuant to local ordinance. Hearing officer Scullion further fails to employ proper procedure in her review and determination of Great Lakes appeal by focusing on the term "substantial" with regard to the level of compliance illustrated by Great Lakes in its waste disposal plan. The issue as to whether the waste disposal plan is sufficient to pass muster is thwarted. Instead, this hearing officer chose to focus on a term of art contained within the appeal submitted by Great Lakes. The content and sufficiency of the information contained within the waste disposal plan submitted by Great Lakes is not addressed. A De Novo review was not properly completed by the hearing officer in rendering her conclusion and recommendation, on which the City Clerk relied. City ~lerk Detennination Under Chapter 1300.03(e), the review by the Commission on appeal of a decision by the City Clerk "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. n In this case, the decision to deny the Appellant's appeal was arbitrary and capricious. For purposes of this subsection, Great Lakes Wellness Solutions, LLC will be considered Appellant 1. Company, LLC will be considered Appellant 2. Appellant 2 On March 15, 2018, Appellant 2 was issued a denial of application from the Lansing City Clerk's Office for failure to comply with Emergency Rule 36 and "Lansing Laws". Appellant 2 timely filed their appeal on March 29, 2018. On or about May 18, 2018, Appellant 2 received correspondence from the City Clerk's office containing the analysis and determination of the assigned Hearing Officer, 1129 North Washington Ave, Lansing, MI 48906 ( 517) -86-~-8364 THE COVERT LAW FIRM, PLLC Hilary M. Barnard. Ultimately, Appellant 2 was successful in their appeal. The pertinent portion(s) of the Hearing Officer determination is as follows: 11In Appellant's March Amended Product Destruction and Waste Management Document, its broad, sweeping statements demonstrate that Appellant has a waste management plan. The plan does not go into sufficient detail as to how Appellant will differentiate between liquid or solid disposal, but it does state the result waste material will be "at least 50% non·cannabis waste by volume." Lacking in this plan are significant details as to how things will be done, This Hearing Officer is unsure if the product will be manually combined with waste product, however the locked containers would deter non·authorized personnel in the business from access. The disposal and waste plan is lacking in specific detail but docs pass muster as articulated in the City of Lansing Ordinance which states 11Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it." The sub-issue in this provision is that the city ordinance also requires conformance with state law. State law requires more than inputting data in to the Statewide Monitoring System, METRC The MMFLA Emergency Rule 36 uses compulsory language stating "A licensee shall dispose of marihuana product waste in a secured waste receptacle using 1 or more of the following: (a) A manned and permitted solid waste land fill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester. (d) In a manner in compliance with applicable state and local laws and regulations." Here, Appellant is using a third-part to comply with provisions of (a) and locked containers to comply with provision (b) and the containers on their face seem to meet the requirements of ( c)." Appellant I As previously stated and incorporated herein, Appellant l was also denied their application to operate a medical marihuana provisioning center on March 15, 2018 for failure to comply with Emergency Rule 36 and Lansing Laws. On March 29, 2018, Appellant 1 timely filed their appeal. On or about May 2, 2018, Appellant 1 received correspondence from the City Clerk's office containing the analysis and determination of the assigned Hearing Officer, Mary K. Scullion. Ultimately, Appellant 1 was not successful in their appeal. The pertinent portion(s) of the Hearing Officer determination is as follows : On page 1 of her report and recommendation, the Hearing Officer states: 110n March 29, 2018, Great Lakes Wellness Solutions, LLC filed an appeal with the Lansing City Clerk's Office. That claim of appeal is what is currently before the City Clerk's Office. It appears from the record that at some time after the March 29, 2018, deadline a revised but undated plan was submitted." The updated Waste Disposal Plan was submitted on or before the March 29, 2018 deadline . Rather than attempting to verify, the Hearing Officer made an inaccurate assumption which ultimately renders her analysis flawed and her conclusion wrong. 1129 Nor th Wa s hi ngt on Ave, Lansing, MI 48906 ( 5 17) -87 -~-8364 THE COVERT LAW FIRM, PLLC Appellant 1 submitted a mirror image of the Waste Disposal Plan submitted by Appellant 2 and on the same date as Appellant 2. In this caset the Hearing Officer was confused as to the date of submission of the updated Waste Disposal Plan because the document was lacking any date or time stamp indication. The City Clerk relied on the report and recommendation of the hearing officer. In Appellant 2's case, the information submitted was considered timely and was applied to the analysis of the City Clerk and found to be in compliance with the requisite information sought; Appellant 2's appeal was granted, In Appellant 1 ts case, the information submitted was considered untimely and was not applied nor taken into account by the City Clerk. Appellant 1 was found to not be in compliance with the requisite information sought pursuant to Rule 36 and the code; Appellant 1 ts appeal was denied. Conclusion The decision to deny the appeal submitted by Great Lakes was arbitrary because it erroneously disregarded information that was submitted timely, was accepted and taken into account for other applicants, and that contained the necessary information sought under Rule 36 and the code. A De Novo review was not afforded to Great Lakes in its initial appeal, and several points of contention were missed in Ms. Scullion's report and recommendation. The Application submitted by Great Lakes is sufficient to comply with the Emergency Rules and Chapter 1300 of the code. The City Clerk made an arbitrary and capricious decision to deny Great Lakes' application based upon the perceived insufficiencies contained within their Waste Disposal Plan and reliance on an erroneous report compiled by the Hearing Officer. Nick9tas G. Calkins 1129 North Washington Ave, Lansing, MI 48906 ( 517) .99_!-8364 Timeline Cap City Medication Station 3301 Ca pita I City Blvd Lansing, Michigan 48906 December 15, 2017 -Application submitted December 21, 2017 -Department Review of Applications Begins February 1, 2018 -Building Safety Denial -No Certificate of Occupancy ................. 3 February 2, 2018 -Denial Letter sent from Office of Clerk ......................................... .4 February 09, 2018 -Email regarding Certificate of Occupancy Denial with site ...... 5 plans. No Certificate of Occupancy submitted. February 12, 2018-Last day to submit Certificate of Occupancy Cure February 16, 2018 -Additional documents submitted .............................................. 16 February 20, 2018 -Second Denial Letter ................................................................... 32 February 26, 2018 -Permit paperwork dropped off at the Clerk Office ................. 35 March 7, 2018 -Appeal submitted ............................................................................... 39 March 16, 2018-Letter giving appellant 7 more days to submit additional. ......... 74 documentation March 20, 2018 -Additional appellant response ....................................................... 75 March 28, 2018 -Building Safety Office documentation & timeline submitted .... 79 April 6, 2018 -Appeal to Hearing Officer April 27, 2018 -Hearing Officer Denial letter sent ..................................................... 88 May 25, 2018 -Appeal submitted ................................................................................. 93 May 31, 2018 -Addendum to appeal submitted ...................................................... 125 I I N I stam~ Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 05281767 51 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02/0212018 Mailing Date: 02/0212018 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'R9QIAar Priority Mail 2-DAY Servioo postage rates apply. There is no Jee for DelivBry Confirmation"' servioo on Priority Mail servioos with use of this electroric shipping lebel. Postmark required if fee refund requested. Delivery information is not available by phone tor the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. Name Qf Establlshment C.AP CITY MEDICATION STATION Establishment Addr.ess 3301 CAPITAL CITY BLVD I Establish~ent DBA (If Known) Lansing Ml .. ---,,-C-lty ___ _,____ State '--··-----------------L------ Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 1, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Ce11ificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility operators have knowingly operated without a Certificate of Occupancy in violation of Michigan Building Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333.27402 (3) (g). Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 -3- (/ '. ' 0/ol// 6 '"l ; r) ,/' t.-'' February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs· website http://www.michigan.gov/lara/0,4601 .7-154-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mich:-~-Ave., Lansing, Ml 48933-1695 517-483-4131 $ 5-4-~77-0068 FAX ww.lansingmi.gov/clerk $ clerk@lansingmi.gov Biehler, Deb From: Sent: To: Subject: Attachments: jonberi@aol.com Friday, February 09, 2018 4:30 PM Jackson, Brian; Biehler, Deb; Bennett, Jim CapCity Medication Station Capcity Medication Station SitePlans_Rev020818 (2).pdf As per response to the letter that states CapCity Medication Station was sent for potential denial, we are submitting the forms necessary to have 3301 Capitol City Blvd changed to Group M (retail) for a Certificate of Occupation as required. We have submitted a hard copy to the Building and Safety office, and I'm including an electronic copy for you also. Please accept these new drawings for the group change as our engineer has included the necessary information for such change. If there is anything additionally needed, please contact me asap and I will respond promptly. Thank you. Brant Johnson, J.D., LL.M Brant Johnson & Associates, LLC Small Business Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -5- Know what's Below. CALL before you dig. 3301 CAPITOL CITY BLVD LANSING, Ml 48906 LOCATION MAP· NOT TO SCALE PLAN INDEX T-1 TITLE SHEET Cl SITEPLAN A-1 EXISTING FLOOR PLAN A-2 PROPOSED A-3 WALL SECTIONS & DETAILS P-1 PLUMBING WATER LINE INSTALL SHEET P-2 PLUMBING VENTING INSTALL SHEET P-3 PLUMBING INSTALL & LABEL SHEET P-4 PLUMBING Dh"TAILS SHEET S-1 SIGN DETAIL TITLE SHEET SITE PLAN q ~ir!~~~neers I '° Lansing, Michigan. 48912 (517) 925-8352 VMti. caeng ineer IIc@caeng ineer s Ile. com N1 DAn :AUTHI Ol WID'Nll :.e: LEGEND PROPERTY LINE EXISTING PRDPOSEO EX. CONC. PAV'T EX. ASPHALT PAV'T EX. TREE EX. SEWER EX. WATER MAIN EX. ELECTRIC UG EX. STREET LIGHT EX. FIRE HYDRANT EX. 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ACCCAOS 9'1.lrU. at WrlrlNTNNCD l"CA IN~CllO'f PlR"OSl:S. \. ) ~I ~ s~ i r~ r; :;; t J j~ ! ~~ ~ -~ ' e n~l~d ~ .;j~ . , t~ ~ ~ -~~: "' ~ "' ..l :;: ~ Q <'!! "' z: e g "' ..l ..l < ::: 6~ ~ " l ii~!~ I = ,..--i I l ~ t~"'l!fllSf".AI. ·~~ ~ ~1§ h 2 ~11 .. .:· :r=-<{i :. -" i 0 i r : : ~{?.·~»·:'-''~@ '*X"J'.R..:~-~~~: ~01 r : I~,-.. : = ·_· .. ···r-. :--_., ···:_-:-_,_:::-.. -_,.·: ~-+--f"'L---4--.1/-----Llf----tH i ~,~ l ,·~ 3301 CAPITOL CITY BOULEVARD 1 • = 100' ~ N .~~~,-----~------------------< HUNTER CLARK, INC PAUL CLARK ' " ii 1---'-------._ _ __. _ _,_~___, c'A.i.~!~o:_· '----'--~~~--'~~~~~~~~~~--'--11 -~~~--'--'"-'-~~~~-'--~-'--'----'--~__J P-1 PHONE1 248<HJ-6269 PLUMBING WATER LINE SHEET N ~~~~.-----J~Jo_1_c_AP_IT_O_L_c_1TY_Bo_u_L_Ev_A_R_o _____ __, ' l" = 100' P-2 PLUMBING VENTING SHEET HUNTER CLARK, INC PAUL CLARK PHONE: 2'48·.HJ-6269 01 51l(Pl#'I ~i/1412011 PC ~ f-f---==----t--=---t~+=,.~=-1~ CAi.l!:!~.::.· ~-'-~~~~~~~~~~~~~~------'--12-~~~--'--'-~~~~-'--~,____.____.__~__J 01 SlllP\.~ HUNTER CLARK, INC '1' 1" = 100' PAUL CLARK ' P-J PLUMBING LABEL SHEET P1-1n11.1>, 248·J0-6269 '--J..-------'-----+---1-0,-=-<<£A1.L~·b~:.o:· L---'-~~~__J~~~~~~~~~~---'--13-~~~--L.:'-'--~~~~--'-~-'----'----L-~__J I CR.&B B.IR STRIJCTUIHt. - STRENGTH 250 LBS ...i ~T OR!:CTO-. TTP. J9"'·4 .. r<SlA.ATE HCIT WATER PF'ES IALL [XPOSCDI ~ I <!i2"MIN. I 12" -r-==~ ;.,I I I ~ [Jlisp. ·~f ~,r ~ ~ i.l Si ~~~ fU PflOYIOE 1·.4• CE:R...,,.C TLES DN TOl.ETS WALLS AT 4'·D· HICtl ITTP.I IOPTIOl'l,ti[_ FC!fl Ollr'P<RI IAT FIN"SKNC STACEI - PROVIDE BACKING FOR All WALL MOUNTED FIXTURES 48" BARRIER FREE TOILET DETAILS NO SCAlE CODE SUMMARY - NOTES• """ NC> PLUWSIPIC LOCATED OUTSOE COOLER I. WSTALL ACCOIUJfolC TO l.l~LrACH.RER"S ...iSTRl.CTIONS. FREE ST f>J'JDING DRINKING WATER FOUNT ~N />JJA MOP SINK DETAIL SPO.JT WITH HOSE [HO MU PM.HOOi< SCRVICE FAUCET WITH VACUUM BREMER ... "' _J ;;: c t;; a: c < " > z w iD _J ::> :E 0 ::> m _J ~ Q. <.> _J 0 ,_ ii: < <.> ~ 0 0 :... T Q. i I ! 4:¥4 ! r1:---r-::3-::3-::0-:-1-C=-A-=-P:....IT-~j"-;1 j-C-IT_Y_M_E_D-::S==f-_----.125" POLY VINYL "F LE XF A CE" 1 r 1-----.r"ABINET -2"X2' ALUMINUM SKIN -------1 - 1--~----~-.'-!-~----_J ,,,1 - - ;--~~---; ;;"DIA. SCHED 40 POST WITH 3' ii l ___ l_j_ --~INSERT INTO MAIN COLUMN WITH 1 i I I 3/4" CAP PLATE & 2 -3/4" PLATES ~ ft LED MESSAGE CENTER------"' . I I .08 ALUMINUM POLE COVER -----------t I '1--r----------· I I 12" DIA. SCHED 40 POLE 1-1 24 "X24"X2/4" STEEL BASE PLATE----- 1--_ __1__ ____ --+.......1:+:1 ·r::':i=i::::::t=----WITH 1I2" GUSSETS ________ _,.,,___ ----~-==*1.l.J:4.''-+---- : : -1' DIA. X 24" ANCHOR BOLTS I I _I I 8' X 5' X 5' CONCRETE FOUNDATION : : FRONT VIEW WITH #8 12" X 12" REBAR - - CONCRETE FOUNDATION 200 CU. FT . = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESISTANCE EXPOSURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT AL SlGN LOAD = 3.0 K END VIEW c a: .. > w ..J ::::> 0 Ill ~ u ..J 0 ,_ ~ .. u ..J ;;: ,_ w c z " iii ~ ' 0 "' Z I i I 10"' 10 Biehler, Deb From: Sent: To: Subject: Attachments: jonberi@aol.com Friday, February 16, 2018 12:28 PM Biehler, Deb; Jackson, Brian Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information Capcity Medication Station Change of Use and Building Permit Applications02162018.pdf; Capcity Medication Station SitePlans_Rev020818 (2).pdf Please except these documents for the revised Change of use to Group M application and drawings. Kim Gaetano -CapCity Medication Station's Provisioning center application. If any further questions please contact me. Thank you. Brant Johnson, J.D., LL.M Brant Johnson & Associates, LLC Small Business Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -16- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: Facility Name: ~~Cb ~c\1c .. A-~·-;c .. ._ .5ttrfiu~Addrcss: 330 r Gi-~;+'J L c; ~ ~lv_p I l..Atu5;~ f !"""It 4?"itf, Parcel Number: __3__l -o I -0 I -0 'o --Z.oj --b 7 r Suite Number: Building Data: Gross Floor Area: New Building: i 1 I CJ SQ. FT. Addition: ___ SQ. FT. Alteration: 2<-[ .S""" SQ. FT. Repair: ___ SQ. FT. Classification per Building Code: Building Use Group: _Jj_ Construction Type:}f B Area per Floor: '1-'-/ / '-( No. ofFloors: Number of Occupants: 3 lo Fire Sprinklers: None: __ Entire Building:---· Limited Area (Describe): ___________ ·---- Description of Project:----------- Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and Cl Firm Name: C&A Engineers Licensed Individual: Shaukat Alvi -l'espo11sible (or sheets Tl & Cl Michigan License Number: 6201053122 Mailing Address: 119 Per Marquette Dr, Ste 20 Telephone Number: (...2.!2.._) 925-8352 Appli.cant: Firm Name: Ernail:Jamcs.carter@caengineersllc.com City: Lansing State:~ Zip: 489 ~-- Fax Number:(_.~) _ __2_9_~~0596 __ Individual: _ _;_K_I nL-1--. _&_o:_;M=.: _ __::_ti.....:....A.:_:__t-J_z:. ______ _ Email: J Di c KW S" © d ~../:£:R-sf-\f1; V , l D rj__ Mailing Address: 3 3 Cll C&>r(; +ol (;Ji> 8LvQ _ City: _L=~~~->~;-tJ~-+------State: ..tJLZip: lf&9D~ Telephone Number: l2__!_1J L-5 c -J'b 'f___L__ Fax Number: (_ ____ J Applicant Signature: !f~/_/;/ .--~-0'-L("17) ·"9;J c;: l \' J ·---~------····· Project/Construction Manager: (If Applicable) Firm Name:-------------- Email:-------------- Individual:----------------- Mailing Address:---------------City:---------State: __ Zip: __ _ Telephone Number: ( __ ) Fax Number: ( __ J ________ _ Building/Property Owner: Firm Name:--------------- Email: 1"~" d<-L'-' ,5 (\?;, Mailing Address: 33 o I cr ... eJr.L c; ~ BL\.fD Telephone Number: (lj_J__) 2-3o -1 ~ ''/ ( Valuation of Work: $ 2 D ooD. ~- Individual: __ K: Q.. G-fl--t..+At-S '\J City: _j..,~fJ~r\..~S~~-''()r-+------State: rtI Zip: '-l'?rio~ Fax Number: (_ _ __) ________ _ Plan Review Fee: $ ------ -17- BUILDING PERMIT APPLICATION Permit#: ______ _ City of Lansing Building Safety Office FC #: ---------- 316 N Capitol Ave ., Suite C-1 Lansing, Ml 48933-1238 Project#:---------- LOCATION OF WORK TO BE DONE Address 3:?01 c~ Lot No. (517) 483-4355 Parcel o. -Di -'t)l -ob···Ze:.J --o Applicant Address )501 Cff{;fq£... C t-'.l ~>\.\JD Phone K~ M bA-t:+~ Property Owner K; I\. 6--AE:.,~~ 0 Contractor H :r: L.-J t:i c; ii-~ui~J r'JL ~ 89D Phone 517 ··23iJ-ffi'il Phone License Number Exp. Date License Number Architect/Engineer Address 1 l '1 t.. Q.... h~j\)i:f/a: J;R, l:tz: Phone City, State, Zip ~~ ,.h:I 4M 1 ·1 ($11)<1"'-'5-a5CU, Email -.':Sk.K£.J . rd°tJ... c3P DESCRIBE WORK: For Residential Property: Number of dwelling units ~,__ __ Number of Bedrooms ___ _ For Commercial Property: Sq. Footage '21 ~'1 Fire Suppression System? Yes__ No .A- • Applicant has read, understands, and accepts the conditions in PART I on the reverse side. • Residential contractors MUST complete PART II on the reverse side of this form. Section 23a of the State Construction Code AC1of1972, 1972 PA230, MCL 125.1523A, prohibits a person from conspiring to circumvent the llcenslng requirements of this state relating to persons who are to perform work on a resldentlal bulldlng or a resldentlal structure. Violators of Section 23a are subject to clvll fines. Date OR OFFICE USE ONLY o New Building (SFR) o New Building (Com) o Convert Valuation of Work $. ________ _ o Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Mobile Home Set-up o Pool o Other ______ _ o Investigation Fee o Certificate ot Occupancy Required o Community Development Program o Residential Rental CONSTRUCTION TYPE. _____ USE GROUP ____ _ ZONING DISTRICT LAND USE. ______ _ PROJECT IS IN THE FLOOD PLAIN: D Yes o No COMMENTS -18- Plan Review Fee$. ________ _ Building Permit Fee $. ______ _ Technology Fee $ 10.00 (All Building Permits) Building Permit $-=2=5""".o_o=--** _____ _ Application Electronic Conversion $ ______ _ TOTAL FEE$._~---~--- APPROVALS Zoning'-----~-----t----- Building----------+----- .. NOTE -These lees apply only to licensed contractors for Permit types that can be obtained onllne (Roofing, Siding And Roofing and Siding) ByHd!og Permit -Page 2 of 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing, Michigan. I do hereby agree to locate this building on the lot so that it will cont orm with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Complied Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civll fines. PARTH FOR RESIDENTIAL CONTRACTOR ONLY: Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the following information. Name Phone Address I City State I Zip Federal l.D. No. MESC Employer Number or Reason for Exemption Worker's Comp. Insurance Carrier or Reason for Exemption I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this afiplication as his authorized agent, and we agree to conform to all applicable laws of the State of Michigan. A I information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumventthe llcenslng requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date Investigation fee: Whenever any work for which a permit is required by Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work · An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law. Ettecti\le July 1, 2016 Last Update 09/12/2016 -19- [)e.r·0 rttT'e),nt q·c· f-;1 "'1nr1·1'r1a ·1nd f.J Ci . ~ __ l . " '.\... J 1 ( .. b l ·Neighborhood i)evelo1Jn1e111 ;{i>hc;! J1.:-i~:1·.~1; •. lJ:n:l'ht: · ... '•'· t' .• :~:.;-,.[\!(!}; )_;l,l\ Building Safety Office Registered Design Professional Fon-rt Registered Design Professional in Resporn:ibk-Cirn1·gc (DPHCJ In accordance \VilL the section 107J . .'.i i'vll:\C ::011. t!w i"n,3,•c1 Owna ::i\1;;; .Ls:J;na1•· th<.! iic~11,;e:: <li'i.'h ,,,·t '" enginee1· who is ihc project's Registeretl Design l'rok~~1111ia! 111 r.:,·sr:111~;1bi1! C~1ug::.:. The designated an:hil\!C!ic::ngine<.:r must be.: u li-xno,:d pr1··ll':i~.i,1n.d J!i<I is rc·sronsi':il::.: nir reviewing a11d ,;(;,1rJin<Hi:J,!.' all submi1·tal oocumenls prepared by consuJt1111h !i:.·r cu1np;11ihi!ir:i with li1c· lrnii<li11r, J._.sign. Ducurr:l'lll!· ma> i11c:lt1,k : d~~si.gn/huild submiuals, d.::fem:d submit·1,t1::. special p;·;r1::c:·ih1n,: and ,tr1.t..'111ra! •Jh;:<:rva1io:1s. Projcl't Address: 3301 Capitol City Uhd ProjccttTenanl N11ml': COL Projcc1 #: 71215 ----- Firsr Nam~: Pau I Com pan)·: Angle Dt:~ign & Construe Lion, L~::_~---·-··--------.. ···-----·----l'hont: :; l 3.2.W.5439 Stace: rvli 7.i p: .-LL\ 17.'.·. [-ma ii: mhacht;;m@angl t:tlcsi gn@.com :;~:,:t.b;,: Owner 111formation --·---------------------·------.. ---·- F-n1ail: ~-. ! 1 ,• ; i ! l.' . r\.~ tlu: PRO.IEtT O\VNER, l <k~ignak <hi' alwn' pe:·~,.~, ;,i !i!.' rqi:,H·: l'd profr:;,;io1rnl for the pnlJl'\t 1iolcd. l understand that th1;: 11rchited.'engi11t:t'r d.:,:ign~!kd sit .. :ii he ;c.,:pn1:·.-iiiie :iir ;·:: ... i,·w;ng :Hid .:oordina::n(:'. ai: ~ulm:i1.1;d dt1ct:menb prep.ired l))' others for rhe durn!it~n 11fth:: 1m:i1:c:. ! ii!.<•· 1!1lci~r~1:i:~~1 ?!mt ! rnu~1 pmvi.(k wrin~n 11olific;:11ic:·r. lil the: Building Offa:ial if 11ty ,fr,\~.~il<t~ ;., ('h;u;t."..·~·~J . Owner Signature -20- UUUl LICENSING AND REGULATORY AFFAIRS CUSTOMER DRIVEN. BUSINESS MINOEO. Bureau of Medical Marihuana Regulation P.O. Box 30205 Lansing, Ml 48909 MONEY LENDER'S ACKNOWLEDGEMENT, CONSENT, & ATTESTATION I, fc,WJ/r;&/i> fJ""--at--·f &.::e~ , being first duly sworn upon oath or affirmation, depose and state: I am responsible for the submission of this form, and I agree to be bound by and comply with the Medical Marihuana Facilities Licensing Act (MMFLA) 2016 P.A. 281, to be subject to the jurisdiction of the courts of Michigan, and to choose Michigan as the forum if a dispute, question, or controversy arises under the MMFLA. I further agree to provide, upon request, any informaLion and documentation as may be required by the Bureau of Medical Marihuana Regulation (Bureau) to establish and determine the identity, eligibility, suitability, and qualification of the money lender or any other pers . "' e money lender as may be relevant to document the source of the funds and to confirm the nature of the eerrtent betw n the app · t and the money lender. I understand that any material changes to the subject matter of this form mu be file ith the "thout undue delay. ' (Rcq\llrc:d only i( line or credi1h1~Wsnl rrorn .Jointly held wet~> Dute ' I D D . ~ "-~ t -0~+4,n-t? Kv''"" b er '/ Me.-DtV>e Subscribed and sworn to by before me on ,J._. -/S-lf' (upplicunt name) (dnte) P~TRICK NOiARY PUBLIC J. fC'APP COUNTY-STArE OF MICHIG My Co1n:niss1on E OF INGHAM AN A . XPtress 1 c11ng in the C ep 0111ber 20 2023 ounty of INGHAM' Stato of &/-fj4'4 , Coonty of ..J'::J ~ . Acting in the County Of......<:;.L...,<..<-=-1<......,::;;...;.::---• /11/ M . . . a __ ., ,..., -~ . .., :::> y comm1ss1on expires: ,z_ .~ c....-~ ~ I I \ BMMR-MMFL (New Feb-18) (slate) -21-Pnge 2 of 2 Knowwhat's Below. CALL before you dig. 3301 CAPITOL CITY BLVD LANSING, Ml 48906 LOCATION MAP· NOT TO SCALE PLAN INDEX T-1 TITLE SHEET C-1 SITE PLAN A·l EXISTING FLOOR PLAN A-2 PROPOSED A·3 WALL SECTIONS & DETAILS P-1 PLUMBING WATER LINE INSTALL SHEET P-2 PLUMBING VENTING INSTALL SHEET P-3 PLUMBING INSTALL & LABEL SHEET P-4 PLUMBING DETAILS SHEET S-1 SIGN DETAIL TITLE SHEET SITE PLAN I N N q ~:1r!~~~neers Lansing, Michigan 48912 (517) 925-8352 M*I. caeng ineer IIc@caeng ineer s IIc. com Ml MfC -Mmtl '""""""' LEGEND PROPERTY LINE EXISTING PROPOSED EX. CONC. PAV'! EX. ASPHAL 1 PAV'! EX. TREE EX. SEWER EX. WATER HAIN EX. ELECTRIC UG EX. STREET LIGHT EX. FIRE HYOflANT EX. ELEC. TRANSFORMER D D 0 -=--E-- 0 El DRIVEWAY EASEMENT CAUTION -CRITICAL UTILITY HAZARDOUS OR FLAMMABLE MATERIAL CURS -- ----------------... __ --. --.......... _i ~ SITEPLAN HAZARDOUS DR FLAMMABLE MATERIAL I~ •u I~ .o It: .~ lu i~ .~ I I 5' SIOEW...._K • RAMP =·~ ......... , .... a>O<U.c;T.[•lli:...._.-l~OC><>'N;T ..... f :..O•l-.SIAtot..-SO-O•lDO.l"'°'l .. 1.,,,,. .. .-.. ,._., ir..c-~ ~1u~cu.sa· rcroco-~ S!!£8EQ\Jtf!Et1fNJS· """""" CrTYOf"L>.NSING Pl.ANNINO lo ZONING 31'NCAPITAL.AV'E surreo., LANSING, Ml 4'1ll PH:JSU)-4U-40H ..... CITY OF LANSING JU, N CAPfTDl AVE SUIT'fC-t l.AN'SOIG, Ml.Ulll PH:IS17') ... MtDS """""""' QTYOfl.AH!IMG PUBLIC SERVtCE 124 W. lriQCHIOAJ\I AVE HUE Tni FLOOR CITY HA!.L l.AMSING, Ml 41tll PH:(517)~!1S FBPS"\NcnNWP' CfTYOf"l.AMSlHG PUBLIC SERVICE 124 W. MICHIGAN AVENUE 7TM FLOOR CfTY KAU.. LANSING, Ml 4Hll PH:j517')44J...4.US o.u CONSUMERS ENE•GY ~:(BOO)IOS-04tO ~ LANSING BOARD OF WATER & UGHT PH: (St7')MTO:Z"4005 •tS•-~Of~ """•-...o<or~ A. GENERAL. NOTES B. SrT'EWORK C. BUILDING D. E.XTER.OR APPEARANCE E. YARD •399 1., 10 /;---·r-1~~-'~ ~~~SP::'PG i ~ ., g g ~1 ~ gm~"~;x ~~-~~\M~;, f ~ Ii• 'S! • .. i r:~;~::x .. ! ~P~!" • ~~ -~ ~ a~ ~~ 1 ~§ ~!l;~9i8f~g~ ~ .. ~t .. :::;:1;: ~ . ~ 0 0 .. ~ ~ 1. q ~ ~~~~ ~ a l~~~ !~~ Ii~ ~ ~ """" ~ ; ~~ ; ~ ~m ~~ ~~! i ~ ~ ~ ~~m M!~! ~ii ' ~ " l -,a,a ij ~ j T ~ ~ ~=-! ·~·g ,~~ ~~ ij ~ a ~ ~ ~i~ Al "·A "!~ e~ I ~ ! ~ ~ ~ ~ ~~ j ~ ·slA 3, ~ ~ ~ ; i • -~; ~ Pin ~ ~ aqq , ~ ; e ' ~ ~ -H 3301 CAPITOL CITY BOULEVARD : i ~ ' ~ ~ ~ f ~ ~ ; I ~m ~ B s:~~ ~ " ~~·~ " "iR ~1~~ ! ~ q -. ~q!;; ~ ~ ~-~~ ~ ~ ~~::; 0 3 ~ w'·l -~~~9ji .. a~=1•X d ~" ~ ~~Ul;i ..,;: ...... ,,c ... ;:; <1> <: !:ls;: n;!! ~= ;;J!i' "~ .J :::i It ..... -......... a .... -a; -rntii~·~f ~J ~ .::_,_ ,,,,,,,.. 1 • ..:£.... -lil EXISTING FLOOR PLAN A-J -•-~=--~~-1---i.,.,,.-i ''Olt-., a.1ow . .._......._~~-~-"-~~~~~~~~~~~---'--24 -~~~~~~~'~~-·~~n-•~--1.~Vi~~,.--~~-~.;.i__CAU.-~-'~~·..:.JI~ .. 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LllOIU..1 IJ"OUl'tl rr Llvtll unc:• JIS: l!U?i '"GI GllllllC U:'IU P UD:U IT ~~..a:l'a:· OiflllJCU:¥'t:l~UDDUlf!L~nC'l"i.1~ ~'~'f'!Cl. ~\mrl MIU l(lll>ln T11'C.•Dlt El!l[l ,,...,,,,1:9 [ll. •CQI llVICt-..a. ICCM n_,,orr._ un-.-~ tt; 1• 1011:1.., ..,,,mi ca.. 1ll.ICUll111GICWl"-..LKICml.llA1rt~ 1oUl\Cl~!Nfll.L ...:!.C QJll IUrnJI r.GJl'I· arJ -"""TIO U9'1'..,...l!-"C9. fC'<llP[lllJ"(irtJll ~ -t"'1:1MIUV1WllDlo' Afll'~Ml.tt GVflilDENUU.- C'lllS"llJ<.4"1Hlt'OI =·~~~' ~"""""" TMS ITI Jl111'CiJ"llDl ALL ROOMS AA£ flNISHEO, f'lOCllANCES EXCEYT NEW TOILET AS NOTED, NEW DRIVE THRU ROOM TO HAVE NEW CARPET ©9 rt I.Kar Ulnl/'CO: ~,D~t '-!"' " ' '"' ' -.1---------~:"~ ____ ] 1--'U. C:O.'"JTAl "CflO:O' S11AU.. m:-TUM."'I TO Tllt:O'RRC'T .<T.'-"'ll .. UUJIS • D"t:CITICA.TIO:<i~nrnct:aT,'UJ"Ll,X":--cr. J....._LL [Lt:CTIUt'AL. Mtn U.:O.lc.t.L 4 n .l.,.llll..'lie \HHlt.: SllAU. II[ Sl.TI"'IU:U WITll ~\fJTli .,. 1.JrLXUIJ f'U~TIUCTORS .1-.1iu..1M">t11u1onfl"tRU ro ~1u:r .lDA u;o1ii1n:-.n: ... ,,; 6.-l.'"Sf'l:Clll}l")'Jl"[QlllR.ES .-na Ant:.t:11.1i ... u H:i<l-"11 ... 0AI.: !>-..IU.. CO:O.TIUCTl1'1..t II, ,o.:<T T"-\llU .•IHLL \'l.~ITTill:: !TT.t: ...UUR TU C'n!'"1'"TIU'f"TIO:'f [f ,., .. _., ~ ~~i:S~~I ~ l..llC:fl'OIU!fe; EP til ·-----~~=s, _____ ,. '••11•onot· .. u:~11.-.uo:.o. tDCiklfi[U l·r C•lllllll(;LlQ-f!U : ctlLOC. 517tlT ,; AllJY(,,....~111>1 Ii :icP: ta'llf\ICOCVSTIJlll ~~~l'M llAJl.ICAttt.n ~..lllii'~' aJLflfllCfll.Cl f. -_______ ,. _____ ~ ~U11Cfl'IC10l111'Ci . -: CT.,., ... ~r. L =...,." II f"~ ""' !ft, ... m· u. ,.-mr-;·· Ol:W' ''"lir-·-' ~ ~J I· L 7"-•t LL 7"-'.l' L n< ar UISTIMi 1 • 1.'.m ~,y-·--:·sr,"J;/[i--1'.-m---------------··--·-------m __ .n _____________ :: __ m _________ i__L~-'-~=------------~--j _____ j 1 ---,Oll"·DllJvc: ,.._.______., @PR?P?_S~D_FLOOR PLAN ...... -.... ~ n...::100,..~n •-rn1u:1-"'· ~~(CO!'J'l •E~\. :~=l !CCI"•~·"·' =w.1..CC.C~'r) A\110~\.lHC srai:.·i.;u:ia,, nDO•.la(A.· I STIJUCS ...,.., ... Q..•D> ~~LOAO Vl"'D PACSl.H'TID'C KMllNG CAPAClff :~:"S J1'11."""Cl:al)O\I 1in:•r:•nun ~c~·-~~io :uounur.oijol ~"'.!~~r MntllmA!'ll .. :Ea::~ tll ... tll1•3'0t1UI( nn11"•-.r ..... ~~· CODE SUMMARY 1'11.'\lllC" 1 .. 1.'\I."'-' Ull:\U'C =~~~ II MEDICAL MARlllUANA :;~n• CARE GIVER CENTER ~,°ir.'1..,.~ 'lr~ ~~~~~IL[ MiC'I ~ ~~"l:, ~1~-~SSDR1 NICll 101"-ocnl'-1 l.Q.10. 1'•1• )II, llCnll'--rS ~[ UIU:11AM.I :~~~:g=~ ~C STllLCtLRAI.. MR S"U.Cll.IR"l. ""'"lits f'llDV!lt:tl •ICl".U..'lil~(,r,.;ol f.1,'lil(';l..U<llt!l:(\"D) )flXon.::r.tDI n.t.1tn.t...""U1,..c1111nc. ~A'fifl!f..r~'li rrEW:111ftUP' I tflfi+ CJ! A!!IIIU!TIC ppr 9eear5l!ftl su1r" IJllM npc:J PA811Il!'M !IUl!N,IIC CIR( J!ttl!Cst!!pl tttJC!t yuw pQCC rM!!Tlrnt ~I ~ Hl ~j ~ -£~ ~ < i ' "J .. • II ~I~~~ ~ ... ~:!i , .. (jg i ~ -~L I " t:; Hj'i "' > < ... . G ~~ "' "' .. cC Q ~ ~ < :>., u -l..,. .; <: mz .. ;, z ~~~~£f ::i - -~ :; ~a 0 .. o-?i ... :; I ..J a: (j LO ~ iJ~ N Q -z : .. ~ 0 "'( <i'I• c ~ ..J it ci z < -' .. "' 0 0 -' ... c "" "' ~ ~ .. ~ . ' ' . Ii! 2 ii~ G§> "' )( Cii .. "" 2 .. t;'l •, i~"U" j~~~~~ ~~iM ~3q"<-~~5 ~9a ~~r ~·~qi§ ~h~~~ ~~r~ ~~ ~-;~ni ~~~~~ ~~~~~ e ;~g ~ ~a· :; § ~ p t 1:2 I ~ ~ ~ ~ =t !I p ,_ ._. L 1 ~ / i ~ ~~ h ~~ I: 11 • 1 I~ l 1~ ' ~~ ~ qo=-~ ~~ ~~~ "! i ~r g, ~ -~ ~h~ g.I :n. ~: ;u! r~ C') g~ "' r z ~ "' ~ i• g ~ i 1· r ~ s z ~j ~ § ~ . . "' ' ·~ ~ ~ I ~ ~ ~ I \. MEDICAL MIRlllUANA CARE GIVER CTR 3301 CAPITOL CITY BLVD LANcr ... ir '"'IClliGAN 48906 I Seale; ORAWU BY MM ~-26 111·.1•.r APPROVEOBY PC Dile: I Or1wing No.: A-02 "' 45' l• 51e· L If) ~ nC 0 ri z ~~-rnx Oo c: ~~~~onstructiQJl,Jlc.._ Ch"ll Enselnct!N • Cnn,111.1cllon t.11.ruAcn 6li..1Mhuf•r ltuM, !k.rbum. Mldtlpit.4111' Ph1111•:(llJ)llU-.!-O'J En1all:inhacht111ii'.\ntld)nl~.<1>111rulblL1tt1 " i 1· i I i I l I - r:-=="' a ;··! I ~; ! ~ , :] ' :. r~1. ------------------------, I i"' ·.-··-· ,., • ·• • ,., ··er ... ·_·.-._···_.--_-_· ._,.-'-T.---tt---f::l:':=:::'+--+------4--tJH I l I " I ! -'.- tv ) rr l::::J) d \jl,l ;. , . ''.:::. __ -=---'lj ··1 l:I ---, !~I I ~./ ~: A 11·--·-··-'°"'-~ _.----, . , --·------~: _____ ':,..~---------·-----------------------------·-------·- D ___________ : __ :_:_:! B N !~=,.,------3~3_01_C_A_P_IT_O_L_C_ITY_B_O_U_LE_V_A_R_D _____ --I HUNTER CLARK, INC PAUL CLARK 01 ST(Pl.Nf 'i1 1' = 100' P-1 "--'--------"----'--'-~-w-', CALL!:!~:.· ~~~~~~-'--~~~~~~~~~~--'--27-~~~--'--'-'--~~~~---'-~---'----'-__J'--___:j CH-lnPJi:": 248·J4J-6269 PLUMBING WATER LINE SHEET HUNTER CLAAK, INC PAUL CLARK OL-lnMt"· 24B-J4J-6269 01 SIT(Pl.Hol ~ l--l--~=---+---=----1-=;-t-;;;~:;;;o1Wll C"Ai.L~b~~0~.· !lr;;=- . ' r =-:i~ -w.~<·i i L;:J /-;! v1j i : :qJ:! ,h~ •• f L ..... w)\! I-w~ ~ -r i.i I r J.. HUNTER CLAAK, INC PAUL CLARK PHONF: 24'8-J4J-6269 Cl 511[1'1.H'I I CRAB 8.-R STRIJCT~illl. - STRO-ICTH 250 LBS W ANT DIR[CTION Tl'P. J9"-4 .• I 42" MIN. I 12" "'1 I . D;sp. , JI ' :i: 0 : ~: -1'"1-n ~1 C7 ~ ---=:::: c=== ~ ~ g PROVIDE: 4••4· CER*C TL['S ON Tta.[lS •ALLS ,.y4•-0•11CH1TTP.) CCPTIONilll. FOR Olll'N[RI IAT F"NSHING STACEI - PROVIDE BACKING FOR ALL WALL MOUNTED FIXTURES , .. BARRIER FREE TOILET DETAILS NO SCALE CODE SUMMARY - FLOOR NOT[S• , . .,, NDPl~C lOCAT[O OUTS()( CDIX.ER I. ftS'TAll M:CCRDWC TO 1.1~...CTl..RER'S l'llSTRl..CTIONS. FREE ST ANDING DRINKING WATER FOUNTAIN NJA SPOUT WrtH HOSE ENO ANO PAil.HOOK SERVICE F"MJCET WITH VACUUM BR[Al<[R r DA. P-TRAP MOP SINK DETAIL ... ••• B~ as a c "' <( > w _J ::> a "' ~ u _J a .... 0:: <( u ~ 0 0 :.. "' _J ~ w c " z iii ::i: ::> _J ... 7 "- ' 11--r--=-=-~~~~l~~-----::::=1------.125" POLY V !NYL "FLEXF ACE" t 3301 CAPIT~ CITY MEDS 1 1------"vABINET -2"X2" ALUMINUM SKIN -------1 '111 --~ -~~ --, -0" DIA. SCHED 40 POST WITH 3' fl I I 3/4" CAP PLATE & 2 -314" PLATES ~ l __ ._l_J_ --~INSERT INTO MAIN COLUMN WITH 11 Lft-LED MESSAGE CENTER--------~ I I .08 ALUMINUM POLE COVER ----------r I 't-t----------I I 12" DIA. SCHED 40 POLE l_1 24"X24"X2/4" STEEL BASE PLATE---- 1 __ L-----1-...r:it:I t:l:i::i:::::::j::::::____ WITH 112" GUSSETS ---------.---~ ~ ----~__,==*1~11--1----- 1 1:---t------------<l I I I I -1" DIA. X 24" ANCHOR BOLTS I I _I I 1---------8' X 5' X 5' CONCRETE FOUNDATION I I FRONT VIEW WITH #8 12" X 12" REBAR - CONCRETE FOUNDATION 200 CU. FT. = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESISTANCE EXPOSURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT AL SIGN LOAD = 3.0 K END VIEW ...J c ~ "' w < c > w z ...J CJ :> iii 0 ID ~ u ...J 0 I-ii: < u 0 ~-- w -' <t ~ 0 r r ' 0 "' z ' a I 10<" 10 I w N I --- stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0561 9982 73 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 o.z Print Date: 02/20'2018 Mailing Date: 02/20'2018 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here •Regular Priority Mail 2-DAY Service postage rates apply_ There is no fee for Delivery Confirmation'" service on Priority Mail services with use of this eledronic shipping label. Postmar1< re<Pred if fee refUnd raquested_ Delivery information is not available by phone for the eledrOlic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package_ 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office_ 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. February 20, 2018 Cap City Medication Station c/o Kim Gaetano 11999 Gratiot Ave Detroit, Ml 48082 Dear Ms. Gaetano, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 51_33_7-0068 FAX www.lansingmi.gov/clerk ~ c1erk@lansingmi.gov Name ~f Establishment CAP CITY MEDICATION STATION I Establishment OBA (If Known) Establishment Addre.ss 3301 CAPITAL CITYBLVD -··-1·-C-ity ___ __._____ State ---Lansing Ml Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 1, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility operators have knowingly operated without a Certificate of Occupancy in violation of Michigan Building Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333.27402 (3) (g). Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. James Bennett, C.B.0. Building Safety Office Department of Economic Development and Planning Page 1of1 -34- Virg Bcml'r•J. Maynr Departrnent of Planning a_nd Neighborhood Developn1ent ,; 16 \. Capito! A rt. StJ·1tc C-1 .... l.;;11sim~ ~·11 439J.~-11J8 -15l 7l .!18J--fJ55 ·-Fux (5f 71 377-()!(;t; Rol~·:.,1 Juhn:;lln. Oir~<"ll1r w". ·\.,·.J,1nsin{;111i. gov Building Safr~ty Office Registered Design Professionai. Form Registered Design Professional in Responsible Ctrnrgc (f.:.PR(') Jn nccordru1ce with the section ! 07.3 .4 MBC 2012, thl! .Prnj~.ct o~rn er must d.:sig;nak the I ic:en~cd archi«:rl or engineer who is the project's Registered De5ig11 Prnfos~ional in f{,;sponsibk Charge. The dt:.signated architcct/e::ngine!!r musL be a licensed prd'c-ssi,1rial, and is responsible for reviewing and coordiiwting all submittal documents prepared by consullo11ts h.'r comparibility \\'ilh the builuing di:sign. Docu1m'lll~ may indu<le: dcsign/huild submittals, deferred s11bmil1<1li>, special i•15pcc1 ions and stru0!11rnl ·.~hserva1io11s. Project Address: 330 I Capitol City Blvd Projcct!rcn:rnt Name: Medical Mcirihuana Care Giver Cen~eri Capitol City, LLC COi., Project #: 7 l 2 I 5 -~~~--~~~~- Registe1·cd Design Professional in Responsible Ch:.:irgc Firsr Name: Paul Las1 Name: Cle1m·nte Company: Angle: Design & Consn-uction, LLC Phone: ] 1.3.220.5439 Address: 6200 Schaefer Rd City: LkMhorn Slate: Mi lip: 4Rl21; ---- E-mail: mhachem@anglt:dcsign@com~·ast.biz Cd!: 28·U97.04<17 Filx: J 13.943.:uss _..,........------.., ·---· /7 . License# 47941 . < T / (' ~~ I accept t11e RcspQnsibilities of DPRC: Signature ·-~fz[tvf, C · { / ~l, _____ _ . ---~ ...... ..... Owner !nformatfon First Name: Address'. City:-----·-··--··-----·---Srate: Zip: --~--,..._... -------···---.. I E-mail; Phone·: Fa:·c -------· -·-------------------0-~-· ~-----~~:: A~ tht: PH.OJECT OWNEJ~, I df.'signat.: tire alJov-e pcr~o~l as m)· r~giskrell pror~s:donal for the proji,;;:f not~. /•_; I understand that tla: an:hitcct/cnginecr desigm:tctl shall b~ rcspP1<si blc !'ii; ;-c>.0 i~wing :.!nd coor(E11afo1g al! !iiihrni~~ ;=~! documents. prepared by others for rhe duration ofl.ilt pro.it:·~:t. I al~o 11ndr:rsrnntl 1hat l must provide wriilen -:-:: c-1 fi1 norific;iric>n to the Building Official if my designec i~ ch:1111::erl. --! -<.~ ::::~ -1~-n. C· _________________ _c: ___ .i~ L1 D:<iC r;; ,; .. ····' Owner Signature -35- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: Facility Name: ~~c +J ~--w,_j Tc:Affo.i1.. .5ltt-fio~Address: 330 r CA a ;+'J L c; ~ i)lv p I LA,..,3;~ ( Ht: 4¥ q~ Parcel Number: 5 3 -bl -0\ -O'o -Z.oJ -~71 SuiteNumbcr: _________________ _ Building Data: Gross Floor Area: New Building: t.J I CJ SQ. FT. Addition: ___ SQ. FT. Alteration: 295" SQ. FT. Repair: ___ SQ. FT. Classification per Building Code: Building Use Group:~ Construction Type:}f B 'l-'i I if Area per Floor: ___ _ No. of Floors: Number of Occupants: 3 lo Fire Sprinklers: None:__ Entire Building:__ Limited Area (Describe):-------------- Description of Project:----------------------------------- . Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and CJ Firm Name: C&A Engineers Licensed Individual: Shaukal Alvi -respo11siblefor sheets Tl & Cl Michigan License Number: 620 I 053122 Mailing Address: 119 Per Marquette Dr , Ste 2D Telephone Number: (.2..!2_) 925-8352 Applicant: Firm Name: Email:James.carter@caengineersllc.com City: Lansing State: ~Zip: 48917 Fax Number: (__~_!.Z.J -"-90;;...:8_-0_5_9_6 ____ _ Individual: ---'K'---~__,1 Qc.+--'G-~· .;...;At:=-i.f_,,f\..::f-l'--·~------- Email: a-DrcK"-1-l·s.@ c\tl c.f:i~flj; ~ 'e. n Mailing Address: 3 3 cl Ca,~; +oL C.; :/; 8LvQ City: __..L"""€l=f'.-.__,J'--'~"""'J-1-------State: .J::l;!;_ Zip: "f&</D\:, Telephone Number: l2Jlj ·z....._s c r JCO ~I Fax Number: L___) --------- Applicant Signatur.e: ~· \·~·. · '7..-· -'Vj //')j ·.. ~ 1 ,_....--' ProjecUConstruction Manager: (If Applicable) -- Firm Name: --------------Individual:---------------- Em a i I: --------------------- Mailing Address:---------------City:-----------State: __ Zip: __ _ Telephone Number: ( Fax Number: <~-~ ---------, __ I Building/Property Owner: Firm Name:-------------- Email: ·:n>; d<<L.~> Ct';, Mailing Address: 3:3ol C.'-"tf;fr.L C ~ GL\fD Telephone Number: <1..!l_) 2 3D -1 ~ ''/ ( -·;:· (r:i c.:.o ...., -···· ri...., .~ .. X.J ,_., c;j fTj Ci l'V 0 -·-' o-1 r:-; lndividual: K: f'. {$-A-t..~t-S' \'> City: _J.:,~f>~"-~S~'i-''()'"4--------State:~ ~~: '-lj~j)l, l~ Fnx Number:( _ _) i"".. I'.~.' 1....-=:i rr1 ::v ·t:"' ,,,... .... Valuation of Work: $ '.2 D Do D. Q-C------+-''--'--"----·----Plan Review Fee: $ ---------~-- -36 - BUILDING PERMIT APPLICATION Permit#: ---------~ City of Lansing Building Safety Office FC #: ---------- 316 N Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 Project#:---------- LOCATION OF WORK TO BE DONE Applicant Address .3.?ol c~ Lot No. K;M bAf+~ Property Owner ~: fi. 6--A~.+11-l'l D (517) 483-4355 Parcel No. -cl-\J) -06-Z~J.-o Phone 517 ·-2~1:J-ffi'il Phone Contractor Address 11..2..it V t...'2-l1 1:1 ,..sf ~e..+ City, State, Zip J..A f'-5 ~ lrdlf , h :1:. ¥S'fD!.> . , () ~I l)J.f~Z-7ZJ7 License Number Exp. Date Email • -o · ~ • ~d--, Lt::.1'-1 Architect/Engineer Address I l Cj l. IL }:l.a,gj\)t..-th! p,i,, ti-.<: Phone City, State, Zip ~r~ ,h:r '1b~, ., ($11)<1~'6-0.5qt:. License Number Email • .::5M£.J . r.:1-ti. zg, DESCRIBE WORK: For Residential Property: Number of dwelling units --t~--Number of Bedrooms ___ _ For Commetclaf Property: Sq. Footage '21 \.C( Fire Suppression System? Yes __ · No.)£__ • · Applicant has read, understands, and accepts the conditions in PART I on the reverse side. • Residential contractors MUST complete PART II on the reverse side of this form. ·Section 23a of the State Construction Code Act of 1972, 1972 PA230,MCL 125.1523A, prohibits a personlrom ·conspiring to clrcuinvent the licensing requirements of this state relatlng to persons who are to perform work on a residential building or a residential structure. Violators ol Section 23a are subject to clvtl fines. Date __,.., OR OFFICE USE ONLY o New Building (SFR) o New Building (Com) o Convert Valuation of Work $ ________ _ o Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Mobile Home Set-up o Pool o Other------o Investigation Fee o Certificate of Occupancy Required o Community Development Program o Residential Rental . CONSTRUCTION TYPE. _____ USE GROUP ____ _ ZONING DISTRICT LAND USE ______ _ ' PROJECT IS IN THE FLOOD PLAIN: 0 Yes o No COMMENTS. -37- Plan Review Fee$ ________ _ Building Permit Fee $ ______ _ Technology Fee $ 10.00 CAii Building Permits) Building Permit $-"2=5=.0:;..;::0:__*_*-:------- Application ~,. ~ Electronic Conversion $ t:·.') TOTALFEE$~-.,.....,.-..~---~rr·.·::··~~,=~:.=:~~;-J== c;·J ci; ~ 1 : ~TE~_}, i I: APPROVALS Zoning _____ ~----=-r-..,;;....-..,='=- Building ________ -r'l""t-.......... --- -,-, .. t;:- '*NOTE-These fees apply only to llcense(!·COllfl'aclors for Permit types that can be obtained· Online (Rooling, Siding And Roofing and Siding) Buildlda Permit -Page 2 ot 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing, Michigan. I do hereby agree to locate this building on the lot so that it will conform with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. PARTH Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a resldentlal structure. Vlolators of Section 23a are subject to clvll fines. FOR RESIDENTIAL CONTRACTOR ONLY: Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the ·following information. Name · Phone .. Address I City I State I Zip Federal l.D. No. MESC Employer Number or Reason tor Exemption Worket's Comp. Insurance Carrier or Reason for Exemption I hereby certify that the proposed work Is authorized by the owner of record and that I have been authorized by the owner to make this afiplication as his authorized agent, and we agree to conform to all applicable laws of the State of Michigan. A I information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the llcenslng requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date ' ~ ..,..., ~) ,.., .. -.... --(j) -l.., Investigation fee: Whenever any work for which a permit is required by Code has been commenceg~wit~iiLt i::::l first obtaining said permit, a special investigation shall be made before a permit may be issued for sqWi w~ik. · · o An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then o~:~ubsequentlY issued~ The payment of such investigation fee shall not exempt any person from compliance with all .other'J.1.TOVi~ns of the Code nor from any penalty prescribed by law. o1.~ · :::j :;~. r11 Effilclive July 1, 2016 last Update 09/12/2016 -38 - March 6, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 Dear Clerk and Staff; i'~- )::.• (/) ,_ r···· ' " J -, \. ... j""" 1•1 ;::.1 ···..,;· :·-.) c:::' .c::·:-J ·"·''' ;:".,:J I ... _: :;~ ..... -···· \,0 r--:, .;. As per your February 21, 2018 letter of denial to my client, CapCity Medication Station c/o Kim Gaetano, I am writing you to appeal the denial of Kim Gaetano's application for a City of Lansing Medical marihuana license. According to the language of your letter, the applicant has a right to an appeal within 14 days upon receipt of the letter by filing a written statement to your office. Additionally, pursuant to the City of Lansing, Michigan Ordinance 121 7 Section 1300. l 5(C) states, "Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the clerk." My client wishes to exercise her opportunity to appeal the denial. The applicant, Kim Gaetano, believes that the language of the potential for denial letter (Exhibit A) received from the Lansing City Clerk did not allow the applicant ability to comply with Michigan Building Code 2015 section 111.1 within a reasonable time period. Also, the language of the City of Lansing Ordinance 121 7 did not indicate that an applicant must secure a certificate of occupancy prior to applying for a medical marihuanalicense. I. BASIS OF APPEAL Kim Gaetano's appeal is based on the following areas of discussion: 1. The owner of the premises was granted a building permit in 2016 to acquire a change of use (M group) but did not complete the building construction was not granted a certificate of occupancy, however, the owner is not the applicant for a City of Lansing medical 1 -39- .. ·-.. : I " 1·-1-~ ( .. ) ~il -·--- !i···~ '~---=1 marihuana license. Kim Gaetano, the applicant, was not aware that the work needed to be done by Mr. Dickens was not completed. 2. The applicant for the Lansing Medical Marihuana medical marihuana license is not the owner of the premises, therefore, upon notice of lack of a certificate of occupancy there should have been given reasonable amount of time to acquire the certificate of occupancy and come into compliance, for which 10 days was not reasonable time to secure a certificate of occupancy. 3. Pursuant to the City of Lansing Ordinance 1217, the ordinance is vague and ambiguous on whether an applicant is required to obtain a certificate of occupancy prior to an applicant's application for a such license. 4. The City of Lansing Clerk's letter for potential denial for lack of a valid certificate of occupancy was vague when it demands that the applicant "address the deficiency" for which, Kim Gaetano, the applicant submitted an application for "change of use" to "address the deficiency" in order to obtain a valid certificate of occupancy. 5. On February 21, 2018, the applicant, Kim Gaetano, received the letter from the Lansing City Clerk's office denying its medical marihuana license within 3 business days of the applicant's application for "change of use'', which seems not to be reasonable tiine for the applicant to have notice of whether her application for "change of use" has been accepted, considered, approved or denied. II. APPEAL DISCUSSION A. Prior Occurrence In August 2016 a permit was issued by the City of Lansing (Exhibit B) to 3301 Capital City Blvd. The applicant of the Site Plan Review and Building Permit applications was Jamaine Dickens (Exhibit C, D, E). The pemiit was issued on August 2016 with construction conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and, Mr. Dickens was not granted a certificate of occupation and change of use code. But, Kim Gaetano, as the applicant for the City of Lansing's medical marihuana license was not building permit holder and should not be responsible for Mr. Dickens's failure. She was -40- 2 not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Kim Gaetano's application for a City of Lansing medical marihuana provisioning center should not be denied, without allowing Kim the opportunity to apply for a certificate of occupancy for which Kim Gaetano has applied. On February 2, 2018, the Lansing City Clerk sent a letter to Kim Gaetano allowing Kim Gaetano to address the deficiency for the lack of a valid certificate of occupancy within 10 business days. Thereafter, Kim Gaetano responded by resubmitting facility plans with the change of use, an application for a Site Plan Review; a Building Permit for change of use, and a Registered Design Professional Form (Exhibits F, G, H, I) within the 10 days. The City of Lansing promptly denied Kim Gaetano's application, disregarding Kim Gaetano's efforts to address the deficiency. Kim Gaetano application should not be denied without allowing her to apply for a certificate of occupation, as she attempted to address as required via the Lansing City Clerk's February 2, 2018 letter demands. II. REASONABLE TIME TO SECURE A VALID CERTIFICATE OF OCCUPANCY On February 2, the Lansing City Clerk sent Kim Gaetano, CapCity Medication Station, a letter advising that her application for a City of Lansing medical marihuana license has been recommended for denial by the Building and Safety Department (Exhibit J). The reason given was because the "structure lacks a valid Certificate of Occupancy as a retail (group M) use and not alterations or obtaining a change of use group permit is indicated on the application". In prompt response, Kim Gaetano submitted a building permit application to the Building and Safety Department, by hand delivery, which were denied by Mr. Jim Bennett. Because of his refusal to accept the documents, they were sent via email on February 9th (Exhibit K). I, Brant Johnson, as her representative, contacted Building and Safety via phone for any instructions, which was not responded to within the 10 days ofreceipt of Kim Gaetano's letter. On February 16th, Kim Gaetano took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. (Exhibit L) -41- 3 In summary, on February 9th and February 16th of2018, the City of Lansing's Clerk's office received, via email and hard copies, Kim Gaetano's response to the City of Lansing's February 2nd recommendation for denial letter. February 16th was a Friday, and by Wednesday February 21st, Kim Gaetano received the letter for denial. It is clear that the City Clerk's office ignored Kim Gaetano's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently her application was denied. Now belies the question, whether 10 days was a reasonable amount of time for an applicant to secure a valid certificate of occupancy, or, to "address" the deficiency of the lack of a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2°d letter, Kim Gaetano addressed the deficiency by applying for a Building Permit in order to secure the certificate of occupancy. Conversely, if building permit and site plan review applications were needed, and the applicant needed to have the location repaired and inspected prior to securing a certificate of occupancy, it is unreasonable to require an applicant to secure a certificate of occupancy' within 10 business days. Under these circumstances, to require an applicantto secure a valid certificate of occupancy within 10 business days was unreasonable. Therefore, Kim Gaetano could not have complied with the City Clerk's February 2nd letter, and her application was unfairly denied. III. CITY OF LANSING ORDINANCE 1217 IS VAGUE AND AMBIGUOUS AS TO WHETHER A CERTIFICATE OF OCCUPANCY IS REQUIRED FORAN APPLICANT; HINDERING KIM GAETANO FROM COMPLYING. Upon extensive review of the City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana license is required to secure a "valid certificate of occupancy". The ordinance speaks to ownership, location, zoning, and operational requirements, and there is no language speaking regarding certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, §1300.S(E), "No application shall be approved unless:" ( 1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. -42- 4 In this matter, the City of Lansing may argue that since to Mr. Dickens failed to complete the construction requirements under the original building permit and that the location was not in compliance with all of the laws which the Building and Safety departments are charged with enforcement. Pursuant to Section (E) herein, the ordinance states that, "No application shall be approved", without to inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, in Kim Gaetano's case, the applicant should have been given a reasonable amount of time to bring the location into compliance. Here, once the applicant, Kim Gaetano, was notified that the location was not in compliance, she submitted a building permit and a site plan review application to bring the location in to compliance. Additionally, if the location was required to be "inspected", then the City of Lansing did not allot reasonable time, 10 business days, to Kim Gaetano for an inspection. And, the City of Lansing did not give Kim Gaetano any notice whether her building permit and site plan review applications were approved, processed, or denied, before she was unfairly issued an application denial letter. The language of Section (E) is vague and ambiguous and does not express that an applicant is. required to secure a certificate of occupancy prior to applying for a license for a City of Lansing provisioning center. To deny an application pursuant to Section (E) is unreasonable because the language of Section (E) is vague and ambiguous. Dictionary.corn's definitions of the term "vague" is as following: Vague means: Not clearly or explicitly stated or expressed; Indefinite or indistinct in nature of character; and Not clear or distinct to the sight or any other sense .... The language of Section (E), City of Lansing Ordinance 121 7, is "not clear" and does not "explicitly state or express" whether an applicant's locationis to be "inspected" prior to an applicant submitting an application. Nor, does it "explicitly state or express" whether in Section (E) that an applicant must secure a certificate of occupancy. Further, the City of Lansing Ordinance 1217, is clearly vague whether a certificate of occupancy is even required; hindering 5 -43- an applicant to comply with such requirement prior to applying for City of Lansing medical marihuana license. Section (E) states that "no application shall be approved". The statement, "no application shall be approved", is vague as to whether the City of Lansing's Fire Department and Building and Safety office must "inspect" a location prior to applying for a license, thus receiving the Fire Department and Building and Safety office's approval. Here, after being notified that a certificate of occupancy was required, Kim Gaetano, submitted a building permit and site plan review application; and no City of Lansing department inspected the premises. And, no department inspected the premises after she submitted an application for a City of Lansing medical marihuana medical marihuana license. The City seemed to ignore or disregard Kim Gaetano's efforts to secure a certificate of occupancy. Based on the facts, Kim Gaetano was not able to comply with the City Clerk's February 2nd letter. Dictionary.com defines "ambiguous" as the following: Ambiguous means: Open to or having several possible meanings or interpretations; equivocal; Ofdoubtful or uncertain nature; difficult to comprehend, distinguish, or classify; Lacking clearness or definiteness; obscure; indistinct. · As stated above, the City of Lansing Ordinance 1217 is ambiguous on whether an applicanes application will be denied for the lack of a certificate of occupancy. The ordinance does not have any language regarding an applicant's need for a valid certificate of occupancy in order to apply for a City of Lansing medical marihuana license. Section (E) can definitely have "several possible meanings and interpretations" whether the City of Lansing Fire Department and Building and Safety departments shall inspect a location, for compliance, prior to an applicant submitting an application for a City of Lansing medical marihuana iicense. Here, Kim Gaetano's application was denied, prior to any inspection by the Fire Department and Building and Safety. The language of the ordinance, specifically Section (E), lacks "clearness or definiteness" because the ordinance's language does not specify whether an applicant is to have his/her location "inspected" prior to applying for a City of Lansing medical marihuwia license. Hypothetically, how can the Fire and Safety Departments "inspect" a location that isn't built yet, 6 -44- for which the City of Lansing has received numerous medical marihuana license applications. Are all of those applications being denied? It is "doubtful and uncertain and difficult to comprehend" that the language of the ordinance intends to deny all applications for proposing medical marihuana licenses that have not been built. The Fire Department and Building and Safety departments cannot inspect those locations for compliance. As stated above, Kim Gaetano's application was denied prior to any inspection and prior to being given a reasonable amount of time to have her building permit and site plan review applications reviewed, processed, then denied. Therefore, the ambiguous language of the City of Lansing Ordinance 1217, specifically Section (E) should not trigger a denial for lack of a certificate of occupancy, because it hindered Kim Gaetano to comply with the City Clerk's February 2nd letter. Additionally, the City of Lansing's February 2nd letter to Kim Gaetano states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1. However, the City of Lansing Ordinance 1217 does not speak to Michigan Building Code 2015 at all. As stated above, based on the language of City of Lansing Ordinance 1217 hindered Kini Gaetano from complying with Michigan Code Section 111. l. Here, the city ordinance doesn't speak t() the Michigan Building Code. Also, the city ordinance does not speak to whether occupation of a structure was required prior to Kim Gaetano applying for a City of Lansing medical marihuana license. If so, then such language is unclear, left to multiple interpretations, and not explicitly stated or expressed. As Michigan Code Section 111.1 relates to all of the applications that have been submitted for buildings that have not been occupied. In other words, for all of the applicants whom facilities that have not been built yet, those locations are not occupied and they haven't secured a · · certificate of occupancy. Based on the City Clerk's February 2nd and February 21st letters sent to Kim Gaetano, all of those applicants are in violation of Michigan Building Code Section 111.1. Are they precluded from applying for a City of Lansing medical marihuana license until they secure a certificate of occupancy? Are all of those applications being denied? Is that the intent City of Lansing Ordinance 1217? Is an applicant required to occupy and secure a certificate of 7 -45- occupancy, pursuant to Michigan Code Section 111.1 in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 1217, then such intention must be clear, to avoid hindering all such applicants from complying with the City of Lansing Ordinance 1217. IV. THE CITY OF LANSING FEBRUARY 2No POTENTIAL DENIAL LETTER. Kim Gaetano received a letter from the City of Lansing's Clerks office dated February 2, 2018. recommending for denial by Building and Safety Department, because of: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten ( 10) business days of the date of this letter, your application will be denied". As stated .above, Kim Gaetano promptly responded to address the deficiency noted in the City Clerk's February 2nd letter, by submitting a building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing ... Ordinance failed to expressly state that a certificate of occupancy was required prior to Kim Gaetano applying for a medical marihuana license. Nonetheless, the February 2nd letter uses the term "address", which may be left up to multiple interpretations. The City Clerk's letter should have clearer as to what was meant by "address this deficiency", other than for Kim Gaetano ~aving to apply for a certificate of occupancy for which she did on February 9th and 16th in order to comply with the Michigan Building Code Section 111.1 and the City of Lansing Ordinance 1217. Additionally, the City Clerk's February 2nd letter, states that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, according to the City of Lansing City Ordinance 1217, there is no Michigan Code 2015 Section 111.1 language in the ordinance. There are no references to such code. There are no other citations within the ordinance that leads the reader to refer to Michigan Code 2015. -46- 8 The City of Lansing Ordinance 1217, Section 1300.l and Section 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over the Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" state that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (Emergency Rules) on December 4, 2017. Pursuant to the Emergency Rule 26(3), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: .(a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remairi with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. . (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. Kim Gaetano submits that the Emergency Rule (26) confirms the need to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear, that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facilities.license prior to securing a certificate of occupancy. The language of Emergency Rule (26) explicitly uses the term "operate". This language does not preclude Kim Gaetano from applying for a medical marihuana license; she may not "operate" a marihuana facility without the certificate of occupancy. 9 -47- In Kim Gaetano's matter, ifthe Emergency Rule (26) apply Kim Gaetano's application should ' I not be derued, because the Emergency Rules are clear. The Emergency Rule (26) prevents an applicant from "operating", and not from applying for a medical marihuana license. VII. CONCLUSION Kim Gaetano is committed to the City of Lansing. She could have applied for a medical marihuana license from another location within the allowable City of Lansing zoned areas. Kim Gaetano could have sought out other communities for her potential business ventures. She chose to make an investment in Lansing and their citizens, with jobs, taxes and property improvements. Kim Gaetano has over 10 years in the Medical Marihuana industry from Colorado to Washington. Kim has been very successful in all of medical marihuana enterprises, generating sales of over $2 million and employed many staff members, as an upstanding community leader. In conclusion, Kim Gaetano's application for a City of Lansing medical marihuana license was unfairly denied. The City of Lansing Ordinance 1217's language is vague and ambiguous on the matter for which the City Clerk based their denial of Kim Gaetano's application. Kim Gaetano applicant and should be given the opportunity to have her building and safety applications accepted and processed prior to the City Clerk denying her application. The ordinance does not clearly state that a: certificate of occupancy is required prior to applying for a City of Lansing medical marihuana license. If the ordinance's intent was for applicants to secure a valid certificate of occupancy, then all applicants who have not occupied their locations and who cannot secure a certificate of occupancy prior to applying for a City of Lansing medical marihuana license should be denied. I do not believe that is the City of Lansing Ordinance 1217's intent. Upon receipt of the February 2nd City Clerk's letter, Kim Gaetano promptly addressed the deficiency and applied to secure a valid certificate of occupancy. On these grounds, Kim Gaetano appeal to the City of Lansing's denial of her application should be granted. Thank ypu . .. ~~c:---- Brant A. Johnson Brant A. Johnson & Associates 10 -48- Chris Swope Lansing City Clerk ( ... ~. -:-_. .. ......... (._; ·' t ... ~., -::::i c::l ->· .. "':;;.·· ~·· · ... · .. .. .. -:~:::1 ' ·····. February 21, 2018 c-·~:. ~ ~-"':~ -·· ; -----.... ~ ' 1:.-·'T --. Cap City Medication Station c/o Kim Gaetano r ··· -·-f"":··: '· J !" ...... : r·-· \..'::l !'"I c .. .) .. ... 0 . 11999 Gratiot Ave Detroit, Ml 48082 Dear Ms. Gaetano, This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the appiication fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mic~ 49 Ave., Lansing, Ml 48933-1695 517-483-4131 $ C .. =77-0068 FAX Applicant: Joel Cardenas 1224 Vermont Street Lansing MI 48906 Building Safety Office Department of Planning and Neighborhood Development 315 North Capital Ave. Suite C-1 Lansing, Michigan 48933u1238 (517} 48;34355 Building Permit Number: Type Status: ISSlJED . ,....._, PB16-ti66~ Applied: Issued: Expires: Finaled: CJ ,-·· r.:.• __ .,: c·-.:1 .·· --· O&l14120T~ 0 &/2 4/20'f.6 fl' .. 011io12~1 ...-_ .. -·· THE BUILDING PERJ\!IlT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PRQjECT LOCATION OWNER CONTRACTOR ~ I ; -• ..... !O 3301 CAPITAL CITY BL VD 3301 CAPITOL CITY L L C Joel Cardenas I 33-01-01-06-201-071 615 GRISWALD 1224 Ve!II!ont S"Lreet I Zoning District: EAST LANSING MI 48826 Lansing MI 48906 (517) 402 7237 I I I i Phone: Phone: Fax: Fax: Inspector: Chad Wakley (S ! 7) 483 4364 chad.wakley@lansingmi.gov Work Description: Change of Use Group - B to M Phased Approval Permit -Main Building Drive Up Window. Full Project 11-9-16 JEB Stipulations: Shall comply with all applicable provisions of the 2012 Michigan Buildir1g Code (MBC) and Michigan Barrier Free Design Rules. All work is subject to field review, inspection, and approval. Shall comply with all applicable provisions of the 2012 Michigan Buildi.'lg Code (MBC) and Michigan Barrier Free Design Rules. The holder of a phased approval permit shall proceed at the holders own risk without assurance that the permit for the entire structure will be granted per section 107.3.3 MBC 2012. ADDITIONAL FEES WILL BE REQUIRED. Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for use by the inspection staff. All work is subject to field review, inspection, and approval. Primary Constructions Type: SB Primary Use Group: M Primary Zoning Districr: Project: JCCG 16-0018 Perinit Item Work Type Com $1-$2,000 Standard Item Commercial Technology Fee Standard Item -50- Fee Basis 1.00 1.00 Hem Total $90.00 $10.00 Fee Total: Amount Paid: Balance Due: i -:-;.. .. .. ~:; .• .. .. ~-= •' ~·-~.~ ....... i c· • J i-- rri ::-:u "'""'"• .... -·, -51- $100.00 $100.00 $0.00 f""'··' c::.J c:·=• -· "• .-·· .. ·.•. '• ::-,J .-. :... -· -.! ~-·1····: :r;~ .. ~ --;1-: <..O ;~=~) ('._,.) C' CONDITIONS UNDER WHKCH BUILDKNG PERMIT ISSUED This permit is issued upon the express conditions that the person, firm, or corporation named on this pe1mit is responsible for a!~ work authorized by this permit to its completion and that such work shall conform in all respects to the statements certified to in the application for this pe1mi t and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordina:::ices and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed null and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. AI1y deviation from the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls, or is in possession of a construction site or building under construction shall "maintain the consrruction site, building under construction, and adjacent area free of litter, garbage, debris and waste material" end "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sv.ieeµ such areas at !east once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied L!!li:il final inspectior, has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting constmction. ADDfTIONAL SPECIAL NOTE FOR COMMERCIAL/INDUSTRIAL PROJECTS: construction and development signage.: for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOT1CE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any buiiding anci/or trade pennit(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The i:eimit applicant/owner assumes any risks and costs associated with obtaining the permit(s) for the property listed above. Due to the volume of inspections, all request for inspectioarn must be received at ]east 24 hours in ~dv:;mce. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following information available: *County, City or Township *Location of work -street address * Intersecting streets/roads * Distance from intersection/direction *Extent of work Front'rear/both sides *Date of excavation *Start time of excavation *Type of work * Caller's name * Contracior -Contact phone number * Contact person -additional information Warning advisory re: Pressu!"e Treated Lumber Based on current data from a number of industry sources, it is highly recommended that all metal in contact wit.11 ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. ··-· ' ......... l ,. •..... ! -52- (,) Ci :--,· ; ~.. .. n-1 BUILDING PERMff APPUGAT!ON Permit#: _______ _ City of Lansing Building Safety Office FC #: -------- 316 N Capitol .A.ve., Suite C-i Lansing, Ml 48933-·!238 Project#: _________ _ (517) 483-4355 I 4356 Address 3301 Capital City Blvd. Lansing, Ml 48906 LOCATION OF WORK TO BE DONE r.--Lo:--t~N-;-o-.-----..,-,,S~u-;-b~d~iv~is~io-n--~·-----------=P-a-rc-e~IN;:-;-o.----~·~·-- 33-01-01-06-201-071 Applicant Jamaine Dickens Property Owner 3301 Capital City Blvd. Contractor Joel Cardenas Architect/Engineer Address 3301 Capita! City Blvd. Phone City State, Zip Lansinq.._r=Jlc:...I _,.4=8,,,_90=6,.__ __ +-={5~1_7_)_2_3_0_-_1 8_4_1 ___ .--i Address 3301 Capital City Blvd. Phone Citv, State, Zip Lansino, Ml 48906 {51 7) 230-'1841 Address 1224 Vermont Street _,~h.-o-n_1_?--?---,i--,L'""'i-ce_n_s_e-,.f\7Ju_m__,b,_..e_r ______ _ City State, Zip Lansino, Ml 48906 I b'l 7-· 0-··7 -37 Exo. Date -----1--------~"-=-'---'=c.--------Ad dress · I Phone License Number r----------------'_C_i~tv'-'-'-S~ta~t~e.~Z=i~D ____ ·~-------'---------'-----r-----·-·- I DESCRIBE WORK: For Residential Property: Number of dwelling units _1____ Number of Bedrooms _O __ _ . For Commerciai Property: Sq. Footage 2119 Fire Suppression System? Yes__ No X j " Applicant has read, understands, and accepts the conditions in PART I on the reverse side. i " Residential contractors MUST complete PART H on the revers& side o~ ·£his form. ' I I I I I I Section 23a of !he State Construction Code Act of 1972, 1972 P.I\ 230, MCL 125.1523A, prohibits a person from I conspiring to circumvent the licensing requirements of this state relating to ;:iersons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject ta civi! tines. - Applicant Signature __ D_E_te ________ l ... r--.:> c.::=. -l.°'7'.":l ::r:·: --.·-·, ,. ·----.-~ -·'..J J .. ; CJ -.! r-;--, I --:r:::::i ·'=-..... --· _,._ . ' <:;:) c~; .. .,. .. ,.,,_,w·-.....~---FOR OFfiCE USE ONL V CJ New Building (SFR) o New Building (Com) c: Convert Vr.ituaticn ov Work$ 1,500.00 o Siding o Tear Off & Re -roof o Foundation Oniy Pian Revcew Fee $ _____ _ o Addition CX Alteration o Repair cTear-out t~uikiinG Permit f::e~ $ 90.00 __ _ c Garage/Carport o Deck/Porch cJ Mobile Hame Set-up IJ Pool o Other TOTAL FEE$ 100.00 ------- tJ Certificate of Occupancy Required o Residential Rental OTHER PERMITS REQUlRED: 0 Electrical o Mechanical u Plumbing CONSTRUCTION TYPE _______ USE GROUP _____ ·--·- ZONING DISTRICT ___ _ LAND USE __________ _ ?FlOJECT IS IN THE FLOOD PLAiN: :J Yes Ci !\lo .Q_OMMENTS. _______ _ ----·------------·-------- --··-----------·-------·----- ·--------------53- j il!~.I~ ! 7on',-,, ' •-I. I~-----·------------·-·-+-·--··-----··-··---" i I Structurn: ---·--;-----·---·····--- I E/9ctr:ca! _______ ! ·---·-··---··- o· . . I • 1u1T!o1ng ______________ ~i i ---·---·--- :V1acf1ank;al ___________ ,, ____ ~---·--··-------- r-:'.rt~ Cude _____ _ Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 --r) ~~;-~~ C''.J _,_ ' :·· . ..) c..:..:.) C'."J ~;-·:1 _., -;:.';_! f .. 1···· I 1-··~ -.. -; ----1 1--r·1 Location of Proposed Construction: Facility Name: Medical Marihuana Care Center Address: 3301 Capitol City Blvd, Lansing;'MI AfJ90(f[-~~ Parcel Number: 33-01-01-06-201-071 -) !---. Suite Number:-----------"""':·.""'··:-~--'--'-'=',___· __ _ __ ...... 0 Building Data: Gross Floor Area: New Building: 2119 SQ. FT. Addition: ___ SQ. FT. Alteration: 295 SQ. FT. Repair: SQ. FT. Classification per Building Code: Building Use Group:~ Construction Type:~ Area per Floor: 2414 No. of Floors: 1 Number of Occupants: 36 Fire Sprinklers: None: _O_ Entire Building:__ Limited Area (Describe):-------------------- Description of Project: Installation of a Drive-Thru Window and Change Building Use Code B to Code M Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and CI Firm Name: C&A Engineers Licensed Individual: Shaukat Alvi -responsible/or sheets Tl & CJ Michigan License Number: 6201053122 Mailing Address: 119 Per Marquette Dr , Ste 20 Telephone Number: ( 517 925-8352 ------- Applicant: Firm Name: Medical Marihuana Care Center Email: Jonberi@aol.com Mailing Address: 3301 Capitol City Blvd Telephone Number: ( 517 ) 230-1841 Email:Jarnes.carter@caengineersllc.com City: Lansing State: ~Zip: 48917 Fax Number: ~ _9_0_8_-0_5_9_6 ____ _ Individual: Richard Gaetano City: Lansing State:~ Zip: 48906 Fax Number: ( 313 ) 672-5206 Applicant Signature:--------------------- ProjecUConstruction Manager: (If Applicable) Firm Name: Medical Marihuana Care Center Email: Jonberi@aol.com Mailing Address: 3301 Capitol City Blvd Telephone Number: (517 ) 230-1841 Building/Property Owner: Firm Name:------------- Individual: Richard Gaetano City: Lansing State:~ Zip: 48906 Fax Number: <-11.D _6_7_2_-_52_0_6 ___ _ Individual:--------------- Email: ____________________ _ Mailing Address:---------------City: ----------State: __ Zip: __ _ Telephone Number: ( Fax Number: (__) --------- Valuation of Work: $ Plan Review Fee: $ ------------------~--~ -54- Virg Gernern, Mayor Neighbor£1ood De·veloprnent 3 l 6 N. Capiloi Aw .. Suite C-1 -Lansing:, iVll 4S933-I233 -(517) 483-1355 --Fax (5: 71 377-0169 Robert Jc:-:nson, Director W\\'\\'.fa.i",singrni.gov ;--.:> -;:-;:-r:-::.J ...... . ·,: .. Regnstered Design Professional Ii'rnrm fJ.\ _ .. _ ~:·~· c·-) Registered Design Professional in Respimsibie Charg<~ (il'Vi:.:tC) · .. • Tn accordance with the section !07.3.4 JvJBC 2012, th.e f'ro_j'i!ct Cw:r.er must -i~:;ignate the licensed a;-1:.hitev!'.or engineer who is the project's Registered Design Prnkss!onai in Eesponsibi..:. Charge. , C°) '"J The d•:signated architect/engineer ml.!St be a lict,nsed pm-ft.'SSi-;mill, .ind i~ responsible for reviewing and c00{4ipatitll . r. j all submittal documents prepared by consultants tC.'r c0mpa<ibiliry with th<: building de.sign. Documents may:Y,Iciuc{fj design/build sub1nittals, Q.eferred sub11'!.it1::ds, special insp.er;tian:; r:~nd structurai ohservat1ons. ... .. -.. Prnject Address: 3301 Capitol City Blvd rrojcet/Tcn:mt Name: Medical r.1arihuana Cm·:~ Give1· Cent::i:' Capitol City, LLC COL Project#: 71215 ----- Registered Desig:n Professional in P..esponsibie {]1:,:ir:::~i: First Name: Paui La:it T'-i!imt:: Clemente Company: Angle Design & Constmction, LLC Phone: 313.220.5439 Address: 6200 Schaefer Rd C!ty: De:;rbom State: Mi ZiD: 48126 E-mail: mhachem@ang!edesig11@comcast.biz Fax: 313.94·3.33.58 Owner fofm~mation ·----------------- Addr.::ss: City: State: Zip: ---------- E-mail: Fmc As the PROJECT O'VNE1{,, r designak tile :ibuv.e p.crsor, as my r-i!g;st<:red pf'ufas:ilcmal for foe projec·c notid. I understand that the architect/engineer desig.ti<':·:ed shall be rcspm:sibie for revi::wing and cocrdinat~ng a!i submittal docl!ments prepared by others for the duration of tilt: project. i al!-:o undersnncl that 1 must prov!de '..Vrirren notifica(it.'r. to the Building Official if my desiguce .is (h<:ngi::d.. ----·----.. ---·---···-Owuer Signature -55- ... ___ _ LEGEND PROPERTY LINE EXISTING PROPOSED EX. CONC. POY'T EX. ASPHAl I POV'! EX. TREE EX. SEWER EX. WATER ~I~ EX, ELECTRIC U; EX. STREET LIGl\T EX. FIRE HYDRANT EX. ELEC. TRANSFORMER I : ~-: r ·1 ! ' t..l • :..; D D 0 --0 " " C> -=--E-- 0 8 DRtVEWA.Y EASEM£NT CAUTION -CRITICAL UTILITY HAZARDOUS DR FLAMNABLE MA TERI AL g: 30 HAZARDOUS OR FLANMABLE MATERIAL i; .u 15 i~ . " OM'IEIVDIEV~IEll ?.~i;;~~~tr'..:.-1 -. CITY Of LMDIO P'l.ANllllO &LOMINC "'"CAPITALAV! sun, a .. lANl"1a.NICHlJ PH:fltlJ.QJ-Cll ..... OTYOILAHPHI Jll ll CAPR'OLAVI!! 9Ul11iC-I L.MINO,MIUDJ rt11(tt7).QJ .. 1ts .......... CIT'Yo.FLANINO PUIM..CUIWCI!' 17' W,UICHIQAWAVENUt: 7THf'lOOllCm"HAU LAN1t110.1uquJ PH:(llT).4U"""15 crrt CW LANSHO PUIU.IC UAVICE 124 W. MICUICAM AV(NUG nlf f'\.DOA CITY HALL LMUllO,MICHJ.) Pti:(lll)•IJ""4SS II.Ill COHIUll!RS l!N!RGY PH:(ICIG)UM41G EW:WC. LAHHIG BDAAD DI' WAlS'R.e.UOMT..W.: IJ11)WTU .... Cll loCl'~•j,lljl-·'J•lt\A.l•Q,...CllMCSJ >•_,tM&Ul•£bt.I A. ODeAALNOTl!ll L .sl'Tl:WORK C. IU.IL.DUIQ E. 'CARb 9fj ~H~ I •••• Uh CJ ... .. 2 ... ta - si g D~ g ~ • I I l 1 ........ EXISTING FLOOR PLAN -58- A-1 ---cl'\ I « 2 "Ii • ~Ee • ~ !iji vii J ·~· -tilr-0~. ~ f ~J ~ ~ ,_ i-+--~---+--1---l fill ~~-+-~~,.._==-~--lf--,~~~-~~ ..... =-tAu.""W!'~": lJOOlt A;\"D liMAMt: SCllt:UUl.t; (WHfil! HO:" 01'\1.U 12 r-ro1'"0'ai-Jfl' u ?·f"wr--v~· ... ~ ' nm ' r---------_____ .. \_Lll<CIJ"C•llfSl'Ci ' ..... , : fflP.1 :l,._,. ~ MC~' l'Ullfl'tf'J. a..r.~: CC.NWUM Ni:l'ltACCEUMIT'tl .U"l~\TI\­.W111••11:u. lo"l••u••··•• i stouts CODE SUMMARY 2'1t1W~ mt::S.~ MEDlCALTtl.\RIDU.\~·A :~::'' CARE Cl\"£R CENTER 144' PA'OVIDCI ~. @a"tlijiffi"r;,1·lii l"WJlfl'.lW,'" U.D.COllCll;IP.ll AN·.,1,• .. ,,..._ ~Tl9:W".llll\JO"' ~;.n:::~~ lifhi; 3ln7'¥1WM'l\1.&;f.,,."'"' ..aL\MfTllVT ,,,,_:Tlh'•• tQC.'*l.fUTt'I •• , ... ~Ulloc;• MONl!i'.Vmlt ft!OOMAJIC rrar S",.RfS]l[Jf Sx:unt ynH JU.\T/lllllP-''il.I: JPQ<T r"MIDitJJU lt.1.Tl'Aiu.A. \ ... r .. 1""· ... ) 1 ;:;.. 1,.-:..-:;i r):; ·::,·::1 ··-·· ·.:~ I ·".'; ' ::;:.:;; -f ·; ·:·~ I -, - .. ! 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MEDICAL mRlHllANA. CAJIE GIVER CTR 3301 L CITY BLVD WALL SECTI0:-15 & DETAILS LAN _ 6 0 _ ICWGAN 48906 Prtii.fl .. -"' ..... ~ =11Y:: Date: 07MU1015 QtllWWlng No.: MD. ;-----------------------------------------------1 ~ ~ i' i : I llDliildl ! ii Elm 1 j i i : I : ~ ; ' ~ ,-l II • k'211Zl111llfl2llllld~=s : .; ~ : !9 ... r ~~~~ a : 1 ! m~ ~ i \ ·---------------···-------·\.:;··------.---------\------------------------1 I © l : : !,...,._~~."~,.~,.~~~~~-~~~~- l 11 ! N 1 i : ..... ! rw---~--~ : ! i I i i : l ------, 1..--------· : !,,..,. r 0 BBB,B· r--------------------------J i ' ! ! ···------------------------------------------) ---·· , ...... ;. _?."::· c-:~, .. (7'.'.:"'1 :~_(J --.,. .. •. ;: .. :·--~··:: :;:-c:1 -.J .. -. ::::-:i n r-·· l.\.J fl.-~ .. ::.'":·~:= (. .. ) 0 1;l1N'!'ER Cl~K. INC , --l---------1----1---1--i ii· FAUL t:L.A.~K r-,,_,.._ 2"1B<~+.J-f'i2.'!i9 l' LOO' PLUMBING WATER LINE SHEET .__.__ __ P_·_l ___ __,c._ ________________ _L-61-------'-f..~-~~L------------~_=_-_-_-_-_-_-_-~+--_-_-_-_-~~~-----L~~=~·~;-c'.AiJ,_~_ .... _ ...... ~~..:..J'~ .•" .. • ;---.· · ..... - i-r ! l1 I r ;---..... ' ll!IJ._ _ _,"'F--f--""'( : : i ! ! I ! t _______________ ,. ___ _ I I ~--------------------------------------- [OJ m~i:ml!!i!:!g g a_j B r ! r- (""; 1·- 1-:-1 ::n :::r : ·------.. ---~,=· :e:•n:"~"'=====+-"'-"="'=·t··rc=·t·-~,' f:m, -·---=-==iCVAim-----------L... • ic=====J3~30~1~C~A~P'.!!IT~O~L~C:!!ITY~B~O~U~L~E'lA~R'.::D:__ ____ I HUN~E~L~:iK· INC :CAi...-....... ~ '""' l': 100' PLUMBINGVENTINGSHEET -62-~~8-~·13·6259 -1 ...,,...._ P-2 ·:_, ,-~· l·-. cl\!;-· r· t ... [_ _, \... . 1.:. _ _; /:Oif1 Vi/:.r: -1 f~~·:i 9: n} -::1 L. ). ~:.~ ~=-~ ~ ·->~:·~ c~ rr '/ 1~ Lt~ r~ ~ ~ ~=-~~--··~--=·=~-~:.--~-~~;~::;=;:;-.:,=d---- I • ~I . ~-----, IQl __ tll_ : ------------~--tl=:Jj ~ i 8[f' DJ i CZ ===l' ~ i j ------------, L---------- -'\ ---/ B ~ a·· .... ;0. '.:: j I I I ~ -1 ___ ·~;::::J· _____ j r·--------------- , L_ ' . ' , ' -• .:·.-_-:=:-::-::-:-:-:_ • ,[!~-------•• ·-=~:-~ ••--•••••••H •• -.!L H ----••n •• C.~~:·. __ --:-~~-m n •• •• -H •• ••• • n H HHn • •• n n -__ l @_, ...... ~ Pl I !MING I EGEND VICl WATER CLOSE"f NJA LAVl LAVATORY llDA FDl FLOOR DRAIN WADVI DFl DRINl<ING FOUNT NN ELKAY ADA MSl MOP SINK WALL MOUNTED SEl SEWAGE. EJECTOR j~ s::::a.~ £ ta'JJ ·urr1r i~ § ~ i ~ ~ • c "' ~ _, ::> g 5 _, g ~ ,~ I ~ ix da. o:-' "' I ~ CV) !< \..0 Iii "' :c "' ..J "' s " z ~ 3 a. 0 0 ,., ~Id. ... Lil 9:3] - ~ " .. ;.. I CR..S S.M STRuCTUR>t.. -STROICTH 250 LBS IH ANY OllfCTION TVP. J9"'- 4-2-WH. 11'2" I ; .. Qt.sp. . I ~ 0 -fl .n ;: ~ bl K/ ~ -== ~ ~ il PROVIO[ L ....... CERU.C lUS OH TO'LETS WALLS AT t'•O"" M'CH ITTP.1 loPTIClat>t.. FOft Owt«ltl fAT n~ Sr.t1a;1 PROVIDE Bi\CKING FOR .AJ..L W.AJ..L MOUNTED FIXTURES ··-BARRIER FREE TOILET DETAILS NO SCALE CODE SUMMARY -~ ._ t3TAl..L[D I.WAY r•o• ""':::::\ """" NOT[S· ,.,,. """-...... LocAJro our~ CO<>.ER l NSTAl.l ACC~-'C 10 WNU"<liCla.,:ICll"S HSTRUC:TIOHS. FREE ST ANDING DRINKING WATER FOUNTAIN llDA UE1'Al [DCC MOP SINK DETAIL SPOUT WITH HO'SE EH> N.() PAU100K SERVICE FNJcET WllH VM:\.U.I BREMER ~ 0 ~ "' 0 ~ Cl z .... iii :> lli 0 :> Ill .... ~ ... (J .... g 11. < (J 0 ... ... 0 0 "':' "- . ". ! 3301 CAPlt41 CITY MED-S-Y-----.125" POLY VINYL "FLEXFAC[" , r 1-----.r"ABINET -2"X2" ALUMINUM SKIN ------1 111 ~-ili~--1 ;;"DIA. SCHED 40 POST WITH 3' ii I __ ~U ___ I INSERT INTO MAIN COLUMN WITH I I I I ----------3/4" CAP PLATE & 2 -3/4' PLATES -------!ft-· -----LED MESSAGE CENTER~ "' --- I I .08 ALUMlNUM POLE COVER --------+ :I '1-t------------12· DIA. SCHED 40 POLE--------- 1-1 24"X24"X2/4" STEEL BASE PLATE----,,, l-_JL_ ____ J_.r::i:l:bl ::J:::::t::=---WITH 1I2" GUSSETS ----------.....11 _. l 1~1 -t-----------<1 -l" DIA. X 24" ANCHOR BOLTS : : _I I_ 8' X 5' X 5' CONCRETE FOUNDATION _I I_ WITH #8 12" X 12" REBAR FRONT VIEW CONCRETE FOUNDATION 200 CU. FT . = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESISTANCE EXPO SURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT AL SIGN LOAD = 3.0 K END VIEW c "' § ::i 0 m 1;, u ... g ~ ':: <t ~ 0 ~ ~ c z " iii ~ I 0 "' z , ~ I 10"' 1D :A;pplkati~n for Plan R,e'View . • ••: (!icy of:Lansfug,. Building Safety Office .· 3t6N. Capj(<)I Av~mi;~, Suite!•C..,i . . L.lin~in~~Ml 489.33 (;'; . ....... ' :·:· i Location of Proposed Constructfon: ··-- 1'a<ll4y 1'1,;me: ~~li\!J M.J.1~1"~ $ftJ-fic•'MJt;;• ;3;3'o I c.J~;Jh:l C ;~ $lilp ,~~ !?l-ii' :~f •<to ·. HPa:reelNumber:; g 1 "'t;)l -,HOJ ""CJ·~ .-.-Zp1 -~71 .Sl1ifoNumbcr: __ ~~''""···.:...· ~~.._.,..-~~~~~~-~ . ; ' ....... ~::; (.,,) .. · · •· · :Building Data: Gross FlQOrA:r~: New:Stiildi.qg:. 1-Jlq . SQ, ft, Addl:tiori: SQ. FT. Altctation: 2~:) SQ. FT. ;R,¢p~ir~ SQ, Ft Cl!l!l~ific11ti<>a p~r Bl1i1~i~~ C::C>de; BulldihgUsll Group: ... M... Constr:uction J'ype:JIS··. A~c:o pc::rfl{;)(lt: .... •-Z..,."ff't No. of.Ffoors! I Number ofOccupants: 3 !.:; .. Fire Sj)ririklers: None:_ .. _ ... -··. Ifotire: ffoi)d)xig: _ ..... -.... -.. Limited Area (Describi;:): _,....__ ____ ~~~~ ....... -_...,_,_ D¢~nption of Project: -----------------~-.,.,.-.-,,.,.,,.,.........,,-"-..,-__ -,.,,,..,._,_.~------------- ··· i>eS:ign i'r.ofessi~nalm•Req:n;nsible Charge: •t&A Engii:iecrsiS oni:tresponslbfofor'the.iChitDesign•o111y~shects Tl. and ti ·· ·p· .. N· .. . . .c.· •. MEn&m. ·· ¢et:S .. 1rm • ame:.""' .. ~~"'o---=-....... ~~...,.,..--,.,....._~ 620Jo53tii . Mfr:higan Litense Number: . . . . . . . . . . M11il!t1;rri\d.~r~s: .11:9 ~~r M:afg11e~ Pr ... S.t~ ~p Telephone Number:( 5i.1 ) 92~:.$~~4 .. i\Jipli~alltf Firm:.Name: Firm.Name:.,.......,-~-~-~-.-.-.-~-~- LicensedJndivi\lual:. Sh!IU!i:~ AM -t.e.~p.ii1Jsihle.fors./r.e.ets TI & Cl Email:Jllme$:¢aqer~illlMgi!ieersllc,com · · · · · · City: ii\'i~ing ~tf!te: f\.iJ:.. Zip: 48917 _ Fax Number: c ~17 ) _.9_o~s~!.;o_5_96_· ____ _ Email! ~~~~~~---------"-'"--~="-""'--~ Mailmg:Addn;ss:,.....:.~·· ~~~~~-...-...------City: ______ -""='-'~~ State:_ .. -··-···-· Zip: _____ _ 'te~ephoneNuniber: ( ___ }. F11xN1.lt11.l>er: ~ ·~~------ Bullding/Propetfy owner:·· · Ffrm Name: . ~~~~~~~.--~---- E! rna i l; . 1\1> I c::Kw;: ® Mailw~ft.dare.ss; H3~ Pl s11<r~+1>~ q; ~· Blu:p T¢1ephoneNuniher: Ctil_) .. %.Jo "'I%'± r City: t., J)MI' ''{) Fa'\:Nurni:ier: <~d ··""'···-..··~~~~=~~ -66- • n . ~ , . ; \J': . . . . BUILPlNG Pl;BMI]" APPLICATION P~rmit #: -----.-.--___,...,_~ r-.... :·~_-.. 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ZONING·DISTRICT · LAND USE .. , ; PRQ.lec.T:ts1N:1:t:teftooPe.4AIN: : ·@ ,¥""'es""'">"'"' ... ~...,.,.:---o-. ·.·:_N_o-.. · '.COMMENTS' .. ·.·:·, .. -67- e.u11d.io9 P~r:mtt FE!e $~ .... ~-----.......... , 'T~chhol()gy Fee$10.00. <:Ail Building Permits> Bullding:Permtt$ 2s~oO:** ·· · · ·· .. APP.li~Uc:>tt ., electronic. conversfori:$ .. '· .-. , , , .,, , .. · rotAII F=eJ;·$...,.· ,..,..,,.-,...,,· ,.,----.. ---------~~~ ,Zonin~t· ...................... . Bulktiii{J""" .. = .. ·=·"·=· .. --==='=-!--~-r----- ~·Nqu;~~:ms:;:::~~~::~tf~:~r:t:~!t~, · ~@ffg :Arid ·Roof1ri9 and Sldlnq) · · · · · Departn:ient of Planning and Neigh.bC?rhood .. D~yelop1nent )J6S,taµi1ol A'('., ,~uh t;:.t ;-~a:~~~~~~~~;t,;,~.:,~J;~~c:i~:\fTl 483-H55 "fac(Sl/".1yJr1.l!(\<~~:"', \'\I~' J.'\}"lSili_;:;mi.$.1>~: -<··•• 0::-.":> c.·:1 'Bull<ling Safety Office c·: .. .. . .. ... .. .. ... n R~gistcred · De:iign Profossic.inal in Responsi bk Ch~i rgc { D.PRC) c:: "fo accotd.:11ic~ with the section lO'lJA :V)l}C 2011,llu: Pri1jr.ci f)WJJ~'r musrr!e~ignate ~h·dkeiised.an;hl«.:d d1:~; engin<;e_t whq i~ rheproject's:Regisiet~<fQ~;;i~n Prt•fr!'~ional in R~i:ponsitile Charge' ~ .. . . :.~--' I Th~ designl\ied ari.ihffoct/engfrit>er must: be a: lfocri~c<I pr17 fos~i!lmil; ,1iid i:s r.;:;pQiJ~ih"l~fur r<;:v:icwing and ~oo.r~im:tiag affsubiIJitliil' documents prepared 'by consi.Jltiiiifa tbrti:impaiibilil).? ~.,:1[h Hie biil"idlilg &sign. l'lt,comeoti; .ii'ia)· fodUd~: : desfgrtlbt1fld ~ubmfffals, qeferr~ Stib(1iitt:~i) ,, S)>CC fa! [n>pc;;jj,)n~ fin({· ;;tf(ic!ti raf .,1fiservafa111.5. 33{)1 Capitol City .Blvd ··•.·. Anglc;Dc..sl_gl) &: Consrru<:ifon, LLC' . -. . . .. .. .. . . .. . . . .Jo•---··~···~··~···· .. ~·~-.. -··-Phone:.,,__:_, 1_s_. 2_2_0~,5~.4~J-.9-~--,4..,...~- Addr~ss: 62{)0 Schac:fet·Rd Slat~;. Mi Z.h>.~ ;i81:6 ------· .. ~ F.im .Name: ,.,,,.,.~---~..,.,-------~~ ....... . Address: State:: :::·.I ; ; : ..... -- r··! .. !=) Zi"r; ..:,;.; .. ,:._:.;~ E~.maiI; Ft::i.: ·--~-----~-··· ........... .:.;..-• ----~:..:--...;.,~.-: ·-· ··-· -·-. -.. -:.·:~· As the Pf:{OJ£CT QW,Nl.rnj.ldt-slgnute die 11ho~'i! per.~1rn :is•rn:: r~gi~tcr~ pr{)f~sfonal. for the priijc-ct Jlf>ltli. l.u11rl~r,;tan<l. thatthe :l~hi~i;:cl/~gli\<:~r 4csigntct~~ shall _CH.; ri:;~i'on;;iblc ~br r1::•1bwlog :rnil Cllordi!~itting ;,iii subrnitt:JJ docun1en1s prepared. b~· others tor::tlied11ratkin. of ilit proji:-(;_;_;_ 1· Ms:.:;• i::n.o::man<l ili~.t I.must provide.' \vrinett .ndtiffcaiion.fo th~ Bii\{diiig O(liciial if my desig1i~e !~ ch"<iiii!('d, ··-·-· --·---Date -68- February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk r·--:; -.:.::. c:::.i ___ I ,. ::-~·';\ '· __ ,. ("') i ~':) ~~ (.,_, This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0,4601,7-154-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (1 O) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not Indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mic'·'---Ave., Lansing, Ml 48933-1695 517-483-4131 $ -69-177-0068 FAX ww.lansinami.aov/clerk S clerk@lansinami.aov ' ' ·-. ; ; ~ 3/4/2018 CapCity Medication Station From: jonberi <jonberi@aol.com> t1k '( To: brian.jackson <brian.jackson@lansingmi.gov>; deb.biehler <deb.biehler@lansingmi.gov>; jim.bennett <jim. bennett@lansingmi.gov> Bee: jonberi <jonberi@aol.com>; jdickens <jdickens@dmcstrategies.com>; a420wellness <a420wellness@aol.com>; james.carter <james.carter@aecom.com>; james.carter <james.carter@caengineersllc.com> Subject: CapCity Medication Station Date: Fri, Feb 9, 2018 4:29 pm Attachments: Capcity Medication Station SitePlans_Rev020818 (2).pdf (3126K) As per response to the letter that states CapCity Medication Station was sent for potential denial, we are submitting the forms necessary to have 3301 Capitol City Blvd changed to Group M (retail) for a Certificate of Occupation as required. We have submitted a hard copy to the Building and Safety office, and I'm including an electronic copy for you also. Please accept these new drawings for the group change as our engineer has included the necessary information for such change. If there is anything additionally needed, please contact me asap and I will respond promptly. Thank you. ·srant Johnson, J.D., LL.M Brant Johnson & Associates, LLC Small Business Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com . ~ . -70- r-·· ,. \, ..... ---~ ........... _, .. · ..• ) 3/4/2018 Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information £~' ; 1 ;-1 Ir L r1 From: jonberi <jonberi@aol.com> To: deb.biehler <deb.biehler@lansingmi.gov>; brian.jackson <brian.jackson@lansingmi.gov> Bee: jonberi <jonberi@aol.com>; jdickens <jdickens@dmcstrategies.com>; a420wellness <a420wellness@aol.com>; a420wellness <a420wellness@gmail.com> Subject: Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information Date: Fri, Feb 16, 2018 12:27 pm Attachments: Capcity Medication Station Change of Use and Building Permit Applications02162018.pdf (5618K), Capcity Medication Station SitePlans_Rev020818 (2).pdf (3126K) Please except these documents for the revised Change of use to Group M application and drawings. Kim Gaetano -CapCity Medication Station's Provisioning center application. If any further questions please contact me. Thank you. Brant Johnson, J.D., LL.M Brant Johnson & Associates, LLC ·Small Business Consultants 2875 Northwind Drive, East Lansing,· Ml 48823 (517) 230-1841 jonberi@aol.com -71- r-- :: ·~-:-:-· ·' ; ... (./' -· ... :-• ) ( ... ) _,, ,• ., t::--) r-rn -:.:·; ~ •... :· ("-..) -··~ c.;, ·'·' ' \_r :;.::) ,--.·-: ·-·" -...: r-~-· i ::.·::-. ::1::: fT! ' .. o ,_ ... __ ~_; (;) 2/21/2018 Project Details I City of Lansing I AccessMyGov.com Project Details: JCCG 16-0018 Property Address: 3301 CAPITAL OTY BLVD, LANSING, Ml 48906 I Parcel: 33-01-01-06-201-07] Property Owner: 3301 CAPITOL CITY L LC Summary lnfarmation > 4 ltem(s) Pending ··----'---------"="---''----'-:'! Project Information 1 ·~----------------------------~------------------~ Project Number JCCG16-0018 Filed As p~~J;ct0it·~-;;;~·····1• :-.: : ............ : .. '~··---------------------------------------------------- ·~Dlsdaimet: BS&A Software prov;des AccessMyGov.com as a Wa'f for municipalities ta display information o~ine and is not responsible for the content or accunscy of tf\e data herein. Tliis data is provided for reference only and WITHOUT WARRANTY cf any kind, expressed er inferred. Please contact your local municipaJity if you believe there are errors in the data. Copyright <Cl 2016 BS&A Software Inc. -72- ;·-.... ... ,~ ~:; .. .. •. -1• :;:.·.) ....... ! ·-·! .... ;:, ~[.":1 r-·-~:J­ f"T1 :::j~; (,) -i--: I -...J w I stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0513 735116 Priority Mail 2-DAY with USPS TRACKING#• Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/1612018 Mailing Date: 03/1612018 From: To: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'Regular Priority Meil 2-DAY Seivics postage rates apply. There is no fee for Delivery Confirmation"' servics on Priority Meil servicss with use of this electronic shipping label. Postmarl< reqt.ired if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. March 16, 2018 CapCity Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48213 Dear Ms. Gaetano, Chris Swope Lansing City Clerk We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk s clerk@lansingmi.gov -74- Biehler, Deb From: Sent: To: jonberi@aol.com Tuesday, March 20, 2018 4:38 PM Biehler, Deb; Jackson, Brian Subject: Ms. Gaetano's response to the cease operations letter Kim's cease and desist response final.docx Attachments: March 20, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 In response to the March 16, 2018 letter to my client, Kim Gaetano (CapCity Medication Station), regarding the City of Lansing's demand that she ceases operations, I respectfully disagree with that decision and ask that you reconsider. From her initial business decision to locate in Lansing, Ms. Gaetano has respected and abided by all guidelines outlined by the city. Pursuant to ordinance, she is actively appealing the City of Lansing's February 21st letter denying her application. However, because Ms. Gaetano's appeal could be reviewed and approved, we do not feel that her application has been definitively denied, pursuant to the Lansing City Ordinance section 1300.15. Executive Order 2017-02 does not include language indicating that while an applicant's application is within the appeal process, that his/her operation must cease and desist. As for BMMR Emergency Rule 19: (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following: (i) The municipality has adopted an ordinance before December 15, 2017. (ii) The municipality authorizes the temporary operation of the In the first sentence in the state's Emergency Rule 19 states "an applicant for a state operating license may temporarily operate a proposed marihuana facility", which specifically applies to those applying for a State of Michigan medical marihuana license; and does not apply to applicants seeking a City of Lansing license, therefore doesn't apply to Ms. Gaetano. Furthermore, the City of Lansing has adopted a medical marihuana ordinance, Ms. Gaetano was issued an attestation authorizing her temporary operations, and, as argued above, her application has not been definitely denied. .-75- We respect the City of Lansing and its governing body's authority to regulate. However, the directive for operations to cease while in the appeals process, we believe, is not rooted in policy. Understand that Ms. Gaetano does not wish to jeopardize her opportunity to be granted a license by both the City of Lansing and the State of Michigan, therefore, we are asking that you reconsider your request for her to cease and desist while her appeal is under consideration. If you have any questions, please contact me at (517) 230-1841. Thank you. Brant A. Johnson Brant A. Johnson & Associates, LLC 2875 Northwind Drive $130 East Lansing, MI 48823 (517) 763-5214 jonberi@aol.com -76- March 20, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 In response to the March 16, 2018 letter to my client, Kim Gaetano (CapCity Medication Station), regarding the City of Lansing's demand that she ceases operations, I respectfully disagree with that decision and ask that you reconsider. From her initial business decision to locate in Lansing, Ms. Gaetano has respected and abided by all guidelines outlined by the city. Pursuant to ordinance, she is actively appealing the City of Lansing's February 21st letter denying her application. However, because Ms. Gaetano's appeal could be reviewed and approved, we do not feel that her application has been definitively denied, pursuant to the Lansing City Ordinance section 1300.15. Executive Order 2017-02 does not include language indicating that while an applicant's application is within the appeal process, that his/her operation must cease and desist. As for BMMR Emergency Rule 19: (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a fonn established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following: (i) The municipality has adopted an ordinance before December 15, 2017. (ii) The municipality authorizes the temporary operation of the In the first sentence in the state's Emergency Rule 19 states "an applicant for a state operating license may temporarily operate a proposed marihuana facility'', which specifically applies to those applying for a State of Michigan medical marihuana license; and does not apply to applicants seeking a City of Lansing license, therefore doesn't apply to Ms. Gaetano. Furthermore, the City of Lansing has adopted a medical marihuana ordinance, Ms. Gaetano was issued an attestation authorizing her temporary operations, and, as argued above, her application has not been definitely denied. -77- We respect the City of Lansing and its governing body's authority to regulate. However, the directive for operations to cease while in the appeals process, we believe, is not rooted in policy. Understand that Ms. Gaetano does not wish to jeopardize her opportunity to be granted a license by both the City of Lansing and the State of Michigan, therefore, we are asking that you reconsider your request for her to cease and desist while her appeal is under consideration. If you have any questions, please contact me at (517) 230-1841. Thank you. Brant A. Johnson Brant A. Johnson & Associates, LLC 2875 Northwind Drive $130 East Lansing, MI 48823 (517) 763-5214 jonberi@aol.com -78- Biehler, Deb From: Sent: To: Subject: Attachments: James Bennett, C.B.O. Bennett, Jim Wednesday, March 28, 2018 5:40 PM Jackson, Brian; Biehler, Deb appeal Cap City Medication Station Appeal.pdf Building Official -Building Safety Office Manager Department of Economic Development and Planning 316 N Capitol Ave., Suite C-1 I Lansing, Ml 48933 0: 517-483-4155 I C: 517-230-9299 I E: jim.bennett@lansingmi.gov Website I Facebook I Twitter I lnstagram Andy Schor, Mayor Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM -79- Cap City Medication Station 3301 Capital City Blvd No Certificate of Occupancy On 7/14/2016 an application and fees were received for the change of use. r: i ChlnQIDf~Qa..G·l~M-~~ Cbced ,--~: Oww-aof;!.t"'.J7drJJOICAPl'Ta.cmLLC : . ~dl~ProJKtt:r~ ~-Mxt.«.r.us :~&nl~ . ~Tr~:iJ90,l)J0w:IO.OO $ :J PCPRI6-0H1,~l"onRnitof,.tRrovcd i !-I A11lil:hinrnb ~ ;,~~:lJ:llCU'IT'ClCITYlLC ~ ;-'\.'1 ~t:Rdwdc.t:.-a i :· °ifi: 'l'r.--:~ i!O.IXI~: IC.00 : ; ..... 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M-Nr.ic.I,......... : --.. -. --~-Ii : ---. : ·-·· - On 8/24/2016 a phased approval building permit was issued which contained specific language regarding the requirements for inspections in the stipulations. [Attached] On 11/9/16 the plan review was fully approved and the permit converted to the full project with the same stipulations for inspections. In emails of 8/24/2016 and 11/9/2016 to Mr. Brant Johnson, Business Consultant for the Owner, the permit was attached and carried the requirements for inspection. [Attached] Page 1of2 -80- The owner/contractor/consultant never called for any inspections and the building permit expired. Further, they never even obtained the required electrical, mechanical, or plumbing permits. ' --El .. J PCPRl6-0HO, Commercial Plan Review, Approved i--·@ Attadvnents ;-•. ~ Owner: 330.1 CAPITOL cm LL c , ....... \~) Applicant: Richard Gaetano ! .... ~ Transactions: 580.00 Due: SO.CO :. ... ~ Prerequisites (0) ' · ·~ Miscellaneous ; ..... ~.? Step I: Review for Completeness of Application & Ched<iis 8 ... S?, Step 2: Review, Approved, Revision 3 . 1~1 .. f$r Process Step History 8 s;i.., Revision 2: Disapproved , 'T.@ Attachments !-..[~Design So~ &Concrete -8/18/2016 ffi! Buttding, Approved as Presented , $.. Plumbing'. Approved with Conditions ' ..... ;:,; Sent Email ~ ... q,, Revision I: Disapproved ' t-· @ Attachments ·.. ~··g Building, Resubmission Needed \ 1±1... Plumbing, Rejected ; L... v Sent Email B £>',,i Original Submittal: Disapproved !--·@ Attachments ~-18uilding, Resubmission Needed ~-Zoning, Disapproved L.. ~ Sent Email i.. .. ili2J Sent Email ~···Gl PB16-ll66 EXPIRED Remodel · '.--@ Attachments : --.. & Owner: 330 I CAPITOL cm L L c ...... If Conlractor: Joel Cardenas ; .... ft Licensee: Joel Cardenas i··cfi Applicant: Joel Cardenas ! .... ~Transactions: $100.00 Due: S0.00 !· .. ti Preroquisites {O) !-(:°'l Building Info (Value: Sl,500) ! L. ·~ Miscellaneous L ... CJ Pl!rmit Eleclrical L .... CJ Permit Mechanical !.. ... CJ Permit Plumbing 1 0Qr""l+1"' Therefore, a new Certificate of Occupancy was never issued. The occupants knowingly operated without a valid Certificate of Occupancy and that was the basis of the denial. Page 2 of 2 -81- Building Safety Office Economic Development & Planning 316 North Capital Aye Suite C-1 Lansing, Michigan 48933-1238 (517) 483-4355 Building Permit Number: Type PB16-1166 Andy Schor, Mayor Applicant: Joel Cardenas 1224 Vermont Street Lansing MI 48906 Status: EXPIRED A pp lied: 08/24/2016 Issued: 08/24/2016 Expires: 0212012017 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR 0 3301 CAPITAL CITY BL VD 3301 CAPITOL CITY L L C Joel Cardenas 33-01-01-06-201-071 615 GRISWALD 1224 Vermont Street Zoning District: EAST LANSING MI 48826 Lansing MI 48906 Phone: Phone: (517) 402 7237 Fax: Fax: Inspector: Chad Wakley (517) 483 4364 chad.wakley@lansingmi.gov Work Description: Change of Use Group - B to M Phased Approval Permit-Main Building Drive Up Window. Full Project 11-9-16 JEB Stipulations: Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. All work is subject to field review, inspection, and approval. Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. The holder of a phased approval permit shall proceed at the holders own risk without assurance that the permit for the entire structure will be granted per section 107.3.3 MBC 2012. ADDITIONAL FEES WILL BE REQUIRED. Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for use by the inspection staff. All work is subject to field review, inspection, and approval. Primary Constructions Type: SB Primary Use Group: M Primary Zoning District: Project: JCCG 16-0018 Permit Item Com $1-$2,000 Technology Fee Work Type Standard Item Commercial Standard Item -82- Fee Basis 1.00 1.00 Item Total $90.00 $10.00 Fee Total: Amount Paid: Balance Due: -83- $100.00 $100.00 $0.00 CONDITIONS UNDER WHICH BUILDING PERMIT ISSUED This pennit is issued upon the express conditions that the person, finn, or corporation named on this permit is responsible for all work authorized by this pennit to its completion and that such work shall confonn in all respects to the statements certified to in the application for this permit and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. This pennit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed null and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. Any deviation from the approved plans shall require approval as in the original examination and approval process. Any person who OWTIS, controls, or is in possession ofa construction site or building under construction shall "maintain the construction site, building under construction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sweep such areas at least once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied until final inspection has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting construction. ADDITIONAL SPECIAL NOTE FOR COMMERCIAL/INDUSTRJAL PROJECTS: construction and development signage for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any building and/or trade pennit(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The pennit applicant/owner assumes any risks and costs associated with obtaining the permit(s) for the property listed above. Due to the volume ofinspections, all request for inspections must be received at least 24 hours in advance. BEFORE YOU DIG You must call i-800-482-7171 at least 3 working days before digging. Have the following information available: *County, City or Township * Location of work -street address * Intersecting streets/roads * Distance from intersection/direction * Extent of work Front/rear/both sides * Date of excavation * Start time of excavation * Type of work * Caller's name * Contractor -Contact phone number * Contact person -additional information Warning advisory re: Pressure Treated Lumber Based on current data from a number of industry sources, it is highly recommended that all metal in contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. NOTICE: If this structure or tenant space is ever associated with the sale, distribution, processing, storage, or cultivation of Medical Marihuana, the issuance or approval of any building and/or trade permit docs not in any way alter any requirements imposed by State of Michigan or City of Lansing laws as they may relate to such activities. -84- Bennett, Jim From: Sent: To: Subject: Attachments: Jim Bennett, C.B.O. Building Official Building Safety Office City of Lansing 316 N. Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 (517)483-4155 (517)377-0169 Fax Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM Bennett, Jim Wednesday, August 24, 2016 2:30 PM 'Jonberi' RE: 3301 Capital City Blvd permit PB16-1166.pdf Web Page http://plandevelopment.cityoflansingmi.com/bldgsafety/ CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Jonberi [mailto:jonberi@aol.com] Sent: Wednesday, August 24, 2016 2:03 PM To: Bennett, Jim Subject: 3301 Capital City Blvd permit Good afternoon Mr. Bennett, I was just checking in the status of the 1st permit, that you may have available today. Brant Johnson Sent from my iPhone This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -85- Bennett, Jim From: Sent: To: Subject: Attachments: Please see attached. Jim Bennett, C.B.O. Building Official Building Safety Office City of Lansing 316 N. Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 (517)483-4155 (517)377-0169 Fax Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM Bennett, Jim Wednesday, November 09, 2016 7:39 AM Jonberi Uonberi@aol.com) 3301 Capitol City Blvd PB16-1166 Full.pdf Web Page http://plandevelopment.cityoflansingmi.com/bldgsafetv/ CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -86- I co --...J I stamJ'.)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 07211454 34 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.35 Weight: 1 oz Print Date: 0412712018 Mailing Date: 0412712018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply_ There is no fee for Delivery Confinnation1111 service on Priority Mail services with use of this eledroric shipping lebel. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited In any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that Is specified on this label. April 27, 2018 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Michigan 48082 Dear Applicant, Chris Swope Lansing City Clerk I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de nova. 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. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope, City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michiqan Ave., Lansing, Ml 48933-1695 517-483-4131 !_gg-77-0068 FAX www.lansingmi.gov/clerk ""Y.clerk@lansingmi.gov Hilary M. Barnard Attorn~y at Law 168 N. 20th St. Battle Creek, MI 49015 I l 103 N. Washington Ave. Lansing, MI 489061269-841-5154 I hbamard@lawservicesmi.com In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION CAP CITY MEDICATION STATION This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to CAP CITY MEDICATION STATION its license for a Medical Marihuana Provisioning Center should remain denied. FACTS CAP CITY MEDICATION ST A TION ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 21, 2018, the City Clerk denied Appellant's application for failure to obtain a valid Certificate of Occupancy as a retail (group M) use. Appellant had applied on August 24, 2016 for a building permit for work described as change of use group from B to M. This permit was issued on August 24, 2016 with an expiration date of February 20, 2017. A plan review was fully approved on or about November 9, 2016. By correspondence on August 24, 2016 and November 9, 2016, the consultant for appellant was given instruction for inspection and its requirements. No calls for inspections were made. Appellant never obtained required permits for electrical, mechanical, or plumbing updates in the plan. As a result, appellant's certificate of occupancy lapsed, and appellant operated without compliance. By letter dated February 2, 2018, appellant was sent a letter indicating that the Building Safety Department recommended a denial of the marihuana business license application. It was indicated in the letter that the building structure lacked a valid Certificate of Occupancy and the waste disposal plan lacked sufficient detail to comply with the State of Michigan Emergency Rule 36. Appellant had 10 days to address the deficiency with the City. By email dated February 9, 2018, the City of Lansing received an email from appellant's representative with forms for a Certificate of Occupation, indicating a hard copy to follow in the mail. Attached to the email was a file labeled to be site plans. By subsequent email on February 16, 2018, Appellant's representative sent a Change of use permit attachment and the same site plan document. A hard copy of these documents was received March 7, 2018 by the City of Lansing. Page 1of4 -89- Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 4901511103 N. Washington Ave. Lansing, Ml 489061269-841-51541 hbamard@lawservicesmi.com On February 20, 2018, Appellant was sent a denial letter indicating that it had 14 (fourteen) days to appeal. By letter dated March 6, 2018 and received March 7, 2018, Appellant appealed the denial.1 Appellant also received a cease operation notice from the City of Lansing on or about March 16, 2018 and submitted materials to the City requesting reconsideration. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Marihuana Facility license for the City of Lansing was erroneously denied. Pursuant to MCL § 125.1513: [a] building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency ... A certificate of use and occupancy shall be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances. When a building or structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. (emphasis added) Under state construction code a building shall not be used or occupied until a certification of occupancy has been issued by the appropriate enforcing agency, and the work covered by the building permit has been completed according to the permit and all applicable laws and ordinances. 2 Under the City of Lansing Ordinance No. 1217 Sec. 1300.1 et seq., An application for a marihuana business license shall not be approved unless the building safety office has inspected a proposed location for compliance with all laws for they are charged with enforcement.3 A city applicant must also be in compliance with the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 P.A. 281 (as amended).4 Pursuant to Emergency Rule 9(5)(b), license applicants in Michigan are required to have a valid certificate of use and occupancy. 1 This officer sees the appeal as timely, given that the denial letter was delivered on February 22, 2018. 2 W Cas. & Sur. Grp. v. Coloma Twp., 140 Mich. App. 516, 523, 364 N.W.2d 367, 369 , (Mich. App. 1985). 3 City ofLansing, Michigan Ordinance No. 1217 Sec. 1300.5(E)(l). 4 Id at Sec. 1300.2(0). Page 2 of 4 -90- Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 490 I 5 I I I 03 N. Washington Ave. Lansing, MI 489061269-84 I-5 I 54 I hbamard@Iawservicesmi.com Under Emergency Rule 19: (I) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 ... The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following ... (ii) The municipality authorizes the temporary operation of the applicant . , . (2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules. (emphasis added) Here, Appellant has not demonstrated compliance with the City of Lansing requirement for a Certificate of Occupancy, Appellant representative indicates that the timeline to cure deficiencies is unreasonable, however per statutory requirement in MCL § 125.1513, the city must issue the certificate, if entitled, within 5 days making a 10-day limit sufficient to have a permit application issued. While Appellant made effort to address deficiencies, the Appellant is not in compliance and cannot be issued a license if noncompliant. Further, Appellant has not had a valid certificate since expiration early in 2017 and has not explained why this was not corrected at that time.5 While Appellant is not addressing a State of Michigan license application, appellant cannot reasonably expect to obtain a City of Lansing license when non-compliant with the State requirements for the same business. As appellant is not able to meet requirements of Emergency Rule 9, it cannot be compliant at this time. Addressing the cease and desist, per Emergency Rule 19, a municipality must authorize the temporary operation of the applicant. The Lansing Ordinance requires compliance with the MMFLA. Here, the City of Lansing issued a cease operations notification which would indicate Appellant's temporary operation is not authorized thus making Appellant noncompliant with Emergency Rule 19. 5 Appellant raises the reasonable time argument; however, it should be noted that it did not cure its Certificate of Occupancy within a reasonable time. See Stefanac v. Cranbrook Educ. Cmty., 435 Mich. 155, 174, 458 N.W.2d 56, 64 (1990) (stating that a long period of delay of two and a quarter years could not be construed as reasonable). Page 3 of 4 -91- Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 49015 11103 N. Washington Ave. Lansing, MI 489061269-841-51541 hbamard@lawservicesmi.com CONCLUSION As Appellant is not compliant with requirements for marihuana business licensure, at this time its application for a marihuana facility license should remain denied. Respectfully Submitted, Hilary Page 4 of 4 -92- March 6, 2018 Chris Swope · Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 Dear Clerk and Staff; r-<:i _· ·~.... "-·-· ~. : . ::· .... L: .• '."· .. ) ,..... (j; (",.' _,,-· .... ; j ; : ; : ----. r·.·-: r-·· r~,~ '--~·; As per your February 21, 2018 letter of denial to my client, CapCity Medication Statidtj:.~/ocKim ;'.. ·. U°) Gaetano, I am writing you to appeal the denial of Kim Gaetano's application for a City .. of Lansing Medical marihuana license. According to the language of your letter, the applicant has a right to an appeal within 14 days upon receipt of the letter by filing a written statement to your office. Additionally, pursuant to the City of Lansing, Michigan Ordinance 1217 Section 1300.15(C) states, "Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the clerk." My client wishes to exercise her opportunity to appeal the denial. The applicant, Kim Gaetano, believes that the language of the potential for denial letter (Exhibit A) received from the Lansing City Clerk did not allow the applicant ability to comply with Michigan Building Code 2015 section 111.1 within a reasonable time period. Also, the language of the City of Lansing Ordinance 1217 did not indicate that an applicant must secure a certificate of occupancy prior to applying for a medical marihuana license. I. BASIS OF APPEAL Kim Gaetano's appeal is based on the following areas of discussion: I. The owner of the premises was granted a building permit in 2016 to acquire a change of use (M group) but did not complete the building construction was not granted a certificate of occupancy, however, the owner is not the applicant for a City of Lansing medical 1 -93- II. marihuana license. Kim Gaetano, the applicant, was not aware that the work ·needed to be done by Mr. Dickens was not completed. 2. The applicant for the Lansing Medical Marihuana medical marihuana license is not the owner of the premises, therefore, upon notice of lack of a certificate of occupancy there should have been given reasonable amount of time to acquire the certificate of occupancy and come into compliance, for which 10 days was not reasonable time to secure a certificate of occupancy. 3. Pursuant to the City of Lansing Ordinance 1217, the ordinance is vague and ambiguous on whether an applicant is required to obtain a certificate of occupancy prior to an applicant's application for a such license. 4. The City of Lansing Clerk's letter for potential denial for lack of a valid certificate of occupancy was vague when it demands that the applicant "address the deficiency" for which, Kim Gaetano, the applicant submitted an application for "change of use" to "address the deficiency" in order to obtain a valid certificate of occupancy. 5. On February 21, 2018, the applicant, Kim Gaetano, received the letter from the Lansing City Clerk's office denying its medical marihuana license within 3 business days of the applicant's application for "change of use", which seems not to be reasonable time for the applicant to have notice of whether her application for "change of use" has been accepted, considered, approved or denied. ,.. <' 1.-:~· .. c .:- APPEAL DISCUSSION .. f'.) ---A. Prior Occurrence · (J l .. --"' In August 2016 a permit was issued by the City of Lansing (Exhibit B) to 3301 Capital Ctty ~-·~ r , .. u Blvd. The applicant of the Site Plan Review and Building Permit applications was Jam&fbe -~~ -.-I ·.:J ... ···., Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and, Mr. Dickens was not granted a certificate of occupation and change of use code. But, Kim Gaetano, as the applicant for the City of Lansing's medical marihuana license was not building permit holder and should not be responsible for Mr. Dickens's failure. She was -94- 2 -~---·- not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Kim Gaetano's application for a City of Lansing medical marihuana provisioning center should not be denied, without allowing Kim the opportunity to apply for a certificate of occupancy for which Kim Gaetano has applied. On February 2, 2018, the Lansing City Clerk sent a letter to Kim Gaetano allowing Kim Gaetano to address the deficiency for the lack of a valid certificate of occupancy within 10 business days. Thereafter, Kim Gaetano responded by resubmitting facility plans with the change of use, an application for a Site Plan Review; a Building Permit for change of use, and a Registered Design Professional Form (Exhibits F, G, H, I) within the 10 days. The City of Lansing promptly denied Kim Gaetano's application, disregarding Kim Gaetano's efforts to address the deficiency. Kim Gaetano application should not be denied without allowing her to apply for a certificate of occupation, as she attempted to address as required via the Lansing City Clerk's February 2, 2018 letter demands. II. REASONABLE TIME TO SECURE A VALID CERTIFICATE OF OCCUPANCY On February 2, the Lansing City Clerk sent Kim Gaetano, CapCity Medication Station, a letter advising that her application for a City of Lansing medical marihuana license has been ;:.:: ::~l . ; ' . ~:·. :.::;. recommended for denial by the Building and Safety Department (Exhibit J). The reasori :~v~jf was because the "structure lacks a valid Certificate of Occupancy as a retail (group M) uiie and ~ " ~~ U 1 not alterations or obtaining a change of use group permit is indicated on the application~;~·-.. j"'i"j In prompt response, Kim Gaetano submitted a building permit application to the Buildigg ari(£ Safety Department, by hand delivery, which were denied by Mr. Jim Bennett. Because of his refusal to accept the documents, they were sent via email on February 9th (Exhibit K). I, Brant Johnson, as her representative, contacted Building and Safety via phone for any instructions, which was not responded to within the 10 days ofreceipt of Kim Gaetano's letter. On February 16th, Kim Gaetano took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. (Exhibit L) -95- 3 _,. .. ,_ .. · ....... • In summary, on February 9th and February 16th of2018, the City of Lansing's Clerk's office received, via email and hard copies, Kim Gaetano's response to the City of Lansing's February 2nd recommendation for denial letter. February 16th was a Friday, and by Wednesday February 21 5\ Kim Gaetano received the letter for denial. It is clear that the City Clerk's office ignored Kim Gaetano's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently her application was denied. Now belies the question, whether 10 days was a reasonable amount of time for an applicant to secure a valid certificate of occupancy, or, to "address" the deficiency of the lack of a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2nct letter, Kim Gaetano addressed the deficiency by applying for a Building Permit in order to secure the certificate of occupancy. Conversely, if building permit and site plan review applications were needed, and the applicant needed to have the location repaired and inspected prior to securing a certificate of occupancy, it is unreasonable to require an applicant to secure a certificate of occupancy within 10 business days. Under these circumstances, to require an applicant to secure a valid certificate of occupancy within 10 business days was unreasonable. Therefore, Kim Gaetano could not have complied with the City Clerk's February 2nd letter, and her application was unfairly denied. III. CITY OF LANSING ORDINANCE 1217 IS VAGUE AND AMBIGUOUS AS TO WHETHER A CERTIFICATE OF OCCUPANCY IS REQUIRED FOR AN APPLICANT; HINDERING KIM GAETANO FROM COMPLYING. Upon extensive review of the City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana license is required to secure a "valid certificate of occupancy". The ordinance speaks to ownership, location, zoning, and operational requirements, and there is no language speaking regarding certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, § 1300.S(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. · ·· ,.._, •. ;:.:':'J .. ,.. . ·-· ""·, -. -96- . ... ·--· -.. --· ! j ! .-··-· (...,) '·-· In this matter, the City of Lansing may argue that since to Mr. Dickens failed to complete the construction requirements under the original building permit and that the location was not in compliance with all of the laws which the Building and Safety departments are charged with enforcement. Pursuant to Section (E) herein, the ordinance states that, "No application shall be approved", without to inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, in Kim Gaetano's case, the applicant should have been given a reasonable amount of time to bring the location into compliance. Here, once the applicant, Kim Gaetano, was notified that the location was not in compliance, she submitted a building permit and a site plan review application to bring the location in to compliance. Additionally, if the location was required to be "inspected'', then the City of Lansing did not allot reasonable time, 10 business days, to Kim Gaetano for an inspection. And, the City of Lansing did not give Kim Gaetano any notice whether her building permit and site plan review applications were approved, processed, or denied, before she was unfairly issued an application denial letter. The language of Section (E) is vague and ambiguous and does not express that an applicant is required to secure a certificate of occupancy prior to applying for a license for a City of Lansing provisioning center. To deny an application pursuant to Section (E) is unreasonable because the language of Section (E) is vague and ambiguous. Dictionary.corn's definitions of the term "vague" is as following: . ~· ... ., ... , ... ... ! • .f Vague means: Not clearly or explicitly stated or expressed; Indefinite or indistinct in nature of character; and Not clear or distinct to the sight or any other sense .... ! .· --·;') C ; r··. ~ . .J r·;· .. 1 :··::i The language of Section (E), City of Lansing Ordinance 1217, is "not clear" and does not :'J "explicitly state or express" whether an applicant's location is to be "inspected" prior to an applicant submitting an application. Nor, does it "explicitly state or express" whether in Section (E) that an applicant must secure a certificate of occupancy. Further, the City of Lansing Ordinance 1217, is clearly vague whether a certificate of occupancy is even required; hindering 5 -97- -. .---;·I ''. an applicant to comply with such requirement prior to applying for City of Lansing medical marihuana license. Section (E) states that "no application shall be approved". The statement, "no application shall be approved", is vague as to whether the City of Lansing's Fire Department and Building and Safety office must "inspect" a location prior to applying for a license, thus receiving the Fire Department and Building and Safety office's approval. Here, after being notified that a certificate of occupancy was required, Kim Gaetano, submitted a building permit and site plan review application; and no City of Lansing department inspected the premises. And, no department inspected the premises after she submitted an application for a City of Lansing medical marihuana medical marihuana license. The City seemed to ignore or disregard Kim Gaetano' s efforts to secure a certificate of occupancy. Based on the facts, Kim Gaetano was not able to comply with the City Clerk's February 2nd letter. (' Dictionary.com defines "ambiguous" as the following: (.'.· Ambiguous means: ::_: Open to or having several possible meanings or interpretations; equivocal; __ Of doubtful or uncertain nature; difficult to comprehend, distinguish, or classifY::;-:; Lacking clearness or definiteness; obscure; indistinct. : ;:; r ........ , r··.'.) -,-·.·.'J --.·: .. ::;.. r·· . .) (.;j --1 _ .. ... .. (_.) :::-~~-! f\.j As stated above, the City of Lansing Ordinance 1217 is ambiguous on whether an applicant's application will be denied for the lack of a certificate of occupancy. The ordinance does not have any language regarding an applicant's need for a valid certificate of occupancy in order to apply for a City of Lansing medical marihuana license. Section (E) can definitely have "several possible meanings and interpretations" whether the City of Lansing Fire Department and Building and Safety departments shall inspect a location, for compliance, prior to an applicant submitting an application for a City of Lansing medical marihuana license. Here, Kim Gaetano's application was denied, prior to any inspection by the Fire Department and Building and Safety. The language of the ordinance, specifically Section (E), lacks "clearness or definiteness" because the ordinance's language does not specify whether an applicant is to have his/her location "inspected" prior to applying for a City of Lansing medical marihuana license. Hypothetically, how can the Fire and Safety Departments "inspect" a location that isn't built yet, 6 -98- .. . .. -I -r I I C) ! "1·1 -·-----~ r-·('! ', __ , for which the City of Lansing has received numerous medical marihuana license applications. Are all of those applications being denied? It is "doubtful and uncertain and difficult to comprehend" that the language of the ordinance intends to deny all applications for proposing medical marihuana licenses that have not been built. The Fire Department and Building and Safety departments cannot inspect those locations for compliance. As stated above, Kim Gaetano's application was denied prior to any inspection and prior to being given a reasonable amount of time to have her building permit and site plan review applications reviewed, processed, then denied. Therefore, the ambiguous language of the City of Lansing Ordinance 1217, specifically Section (E) should not trigger a denial for lack of a certificate of occupancy, because it hindered Kim Gaetano to comply with the City Clerk's February 2nd letter. Additionally, the City of Lansing's February 2nd letter to Kim Gaetano states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1. However, the City of Lansing Ordinance 1217 does not speak to Michigkn ::~ 1;:;:1 Building Code 2015 at all. ~ : _ ,,,_, '· ; (.f"I As stated above, based on the language of City of Lansing Ordinance 1217 hindered Kif.ii; -~. Gaetano from complying with Michigan Code Section 111.1. Here, the city ordinance ~desn~J r;-i .• speak to the Michigan Building Code. Also, the city ordinance does not speak to whetlier ;~::; --··. occupation of a structure was required prior to Kim Gaetano applying for a City of Lansing medical marihuana license. If so, then such language is unclear, left to multiple interpretations, and not explicitly stated or expressed. As Michigan Code Section 111.1 relates to all of the applications that have been submitted for buildings that have not been occupied. In other words, for all of the applicants whom facilities that have not been built yet, those locations are not occupied and they haven't secured a certificate of occupancy. Based on the City Clerk's February 2nd and February 21st letters sent to Kim Gaetano, all of those applicants are in violation of Michigan Building Code Section 111. l. Are they precluded from applying for a City of Lansing medical marihuana license until they secure a certificate of occupancy? Are all of those applications being denied? Is that the intent City of Lansing Ordinance 1217? Is an applicant° required to occupy and secure a certificate of 7 -99- occupancy, pursuant to Michigan Code Section 111.1 in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 1217, then such intention must be clear, to avoid hindering all such applicants from complying with the City of Lansing Ordinance 1217. IV. THE CITY OF LANSING FEBRUARY 2Nn POTENTIAL DENIAL LETTER. Kim Gaetano received a letter from the City of Lansing's Clerks office dated February 2, 2018 . recommending for denial by Building and Safety Department, because of: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten (10) business days of the date ofthis letter, your application will be denied". As stated above, Kim Gaetano promptly responded to address the deficiency noted in the City Clerk's February 2nd letter, by submitting a building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing Ordinance failed to expressly state that a certificate of occupancy was required prior to Kim Gaetano applying for a medical marihuana license. Nonetheless, the February 2nd letter uses the term "address", which may be left up to multiple interpretations. The City Clerk's letter should have clearer as to what was meant by "address this deficiency", other than for Kim Gaetano having to apply for a certificate of occupancy for which she did on February 9th and 16th in order to comply with the Michigan Building Code Section 111.1 and the City of Lansing Ordinance 1217. Additionally, the City Clerk's February 2nd letter, states that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, according to the City of Lansing City Ordinance 1217, there is no Michigan Code 2015 Section 111.1 language in the ordinance. There are no references to such code. There are no other i '·· ~,, citations within the ordinance that leads the reader to refer to Michigan Code 2015. · •··· -·' -100- -::-.") ·:.--: ~-,·: ····-: .... • The City of Lansing Ordinance 1217, Section 1300.1 and Section 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over the Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" state that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (Emergency Rules) on December 4, 2017. Pursuant to the Emergency Rule 26(3), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. Kim Gaetano submits that the Emergency Rule (26) confirms the need to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear, that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facilities license prior to securing a certificate of occupancy. The lang~~ge :__ _', C? of Emergency Rule (26) explicitly uses the term "operate". This language does not prec·~ude G'~ .. -·· ... Kim Gaetano from applying for a medical marihuana license; she may not "operate" a m~huma f~:)i facility without the certificate of occupancy. _ .... ) ~ i : ('"':: 1"' ;,_,) :-··1 :-:··J (.;,) 9 -101- In Kim Gaetano's matter, ifthe Emergency Rule (26) apply Kim Gaetano's application should not be denied, because the Emergency Rules are clear. The Emergency Rule (26) prevents an applicant from "operating", and not from applying for a medical marihuana license. VII. CONCLUSION Kim Gaetano is committed to the City of Lansing. She could have applied for a medical marihuana license from another location within the allowable City of Lansing zoned areas. Kim Gaetano could have sought out other communities for her potential business ventures. She chose to make an investment in Lansing and their citizens, with jobs, taxes and property improvements. Kim Gaetano has over I 0 years in the Medical Marihuana industry from Colorado to Washington. Kim has been very successful in all of medical marihuana enterprises, generating sales of over $2 million and employed many staff members, as an upstanding community leader. In conclusion, Kim Gaetano' s application for a City of Lansing medical marihuana license was unfairly denied. The City of Lansing Ordinance 1217's language is vague and ambiguous on the matter for which the City Clerk based their denial of Kim Gaetano's application. Kim Gaetano applicant and should be given the opportunity to have her building and safety applications accepted and processed prior to the City Clerk denying her application. The ordinance does not clearly state that a certificate of occupancy is required prior to applying for a City of Lansing medical marihuana license. If the ordinance's intent was for applicants to secure a valid certificate of occupancy, then all applicants who have not occupied their locations and who cannot secure a certificate of occupancy prior to applying for a City of Lansing medical marihuana license should be denied. I do not believe that is the City of Lansing Ordinance 1217's intent. Upon receipt of the February 2nd City Clerk's letter, Kim Gaetano promptly addressed the deficiency and applied to secure a valid certificate of occupancy. On these grounds, Kim Gaetano appeal to the City of Lansing's denial of her application should be granted. 1 Thank you. ~A.Johnson Brant A. Johnson & Associates ---10 .. CJ -102- . ! ~. I --... _}-I 1 Applicam: Jc.el Cardenas 1224 Vermont Street Lansing MI 48906 Building Safety Office Department of Planning and Neighborhood Development 316 North Capital Ave Suite C-1 Lansing, Michigan 48933-1238 (517) 4-83-4355 Type Status: lSSUED Pe~mit Number: PB-Y r }~I r •' 1-0-_oo Applied: 08/24/20i6 Issued: 08/24/20! 6 Expires: 02120.120 i 7 Finaied: -------------------------------------~-·· THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE ~ii/ORK UNTIL COMPLETION OF TEE PROJEC'f LOCATION O'i/>lNER CONTRACTOR 10 3301 CAPITAL CITY BL VD ; 33-01-01-06-201.-071 3301 CAPITOL CITY L L C 615 GRISWALD Joel Cardenas 1224 Vermont Sffeet Lansing iv!l 48906 ! Zoning District: I EAST LANSING MI 48826 Phone: I i ! Phone: (517) 402 7237 I Fax: Fax: Inspector: Chad Wakley (517) 483 4364 chad.wakley@lansingmi.gov Wnrk Description: Change of Use Group - B to M Phased Apprcvai Permit -Main Building Drive Up Window. Stipulations: Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan ('!) : --··-.! ::.···:") ; ; -.-.... : . ... - I __ i '..!"":> (_,) c-...J ' . :---.. .. , : ' c:.::.. c :.:..1 \.:~ . --.. ~ L -L~J -__ l :~.) r' ( .... ' ' ~~ ··- .. ... _! Barrier Free Design Rules . All work is subject to field review, inspection, and approval. Shali comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. The holder of a phased approval permit shall prcce:ed at the hoiders own risk without assurance that the permit for the entire structure will b::; granted per section 107.3.3 NrBC 2012. ADDITIONAL FEES WiLL BE REQUIRED. Contractor must provide a paper copy of the approved plans or an electronic copy of the 2.pproved plans and a suitable meai1S of vievving them for use by the inspection staff. All work is subject to field review, inspection, and approval. Prima1y Constructions Type: 58 Primary Use Group: M Primary Zoning Districr: Project: JCCG l 6-00 l 8 Permit Hem Com $1-$2,00G Teclmolog,y Fee Work Type Stand<!.rd Item Commercial Standa.rd IteT1t -103- Fee Basis Item Total 1.00 $90.00 1.00 F!.0.00 Fee Total: Amount Paid: Balance Due: .. .. ... .. .. i-1'1 -· -104- $100.00 $100.00 $0.00 ,.... .. 0 C:-J c·,;:1 .. f' •. ~;· c:·r; .. i -.! ' (._·.) (~0 ' ' CONDITIONS UNDER WHICH BUILDING PERMIT JSSU:iED This permit is issued upon the express conditions that the person, firm, or corporation named on this pe1mit is responsible for ali work authorized by this permit to its completion and that such work shall confonn in all respects to the statements cet1ified to in the application for this permit and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed nuU and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. Any deviation from the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls, or is in possession of a constrnction site or building under constrnction shall "maintain the constructio21 site, building under constmction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and svveep such areas at least once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied ur:;ti! fina[ inspection has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting construction. ADDITfONAL SPECIAL NOTE FOR COMMERCIAIJINDUSTRIAL PROJECTS: construction and development signage for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOTfCE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any building and/or trade perm.it(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The peimit applicant/owner assumes any risks and costs associated with obtaining the pennit(s) for the prope11y listed above. Due to the volume of inspections, aH req:uest for inspections must be .received at least 24 homs in advance. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following information available: *County, City or Township *Location of work -street address * Intersecting streets/roads * Distance from intersection/direction * Extent of work Front/rear/both sides * Date of excavation * Start time of excavation *Type of work * Caller's name * Contractor -Contact phone number * Contact person -additionai information Warning advisory re: Pressure Treated Luimiber Based on current data from a number of industry sources, it is highly recommended that all metal in contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. '_.,.:') ,_:-1 : ... ]•' ci·~ .... '.~I i ~ .. ·.) .. r ;-~ ~ ... , -105- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: facility Name: ~~Cb ~"'Hl:..dtc.Afic;\. .Sttt-flotl-lAddress: 330 r C?.tg;+'J L c; ~ ~lv p, l/tNJ;{j ( }It 4?<n.:1~ Parcel Number: S 3 -u I -61 -0 'o -Zci -~ 7 f Suite Number:------------------ Building Data: Gross Floor Area: New Building: t J / lj SQ. FT. Addition: SQ. FT. Alteration: 2c-T.) SQ. FT. --- Repair: ___ SQ. FT. Classification per Building Code: Building Use Group: _jj__ Construction Type:}f B ·Vi I w Area per Floor: ___ 1_ No. of Floors: Number of Occupants: .3 k Fire Sprinklers: None:__ Entire Building:__ Limited Area (Describe):-------------- Description of Project:------------------------------------ Design Professional in Responsible Charge: C&A En~ineers is only responsible for the Civil Design Only-Sheets Tl and Cl Firm Name: C&A Engineers Licensed Individual: _ Shaukat Alvi -responsible for sheets Tl & CJ Ernail:James.carter@caengineersllc.com Michigan License Number: 6201053122 Mailing Address: 119 Per Marquette Dr , Ste 20 City: Lansing State: ~Zip: 48917 Telephone Number: (-2!2__) _92_5_-8_3_5_2 ___ _ Fax Number: (_l!.2__) 90_8-_0_59_6 _____ _ Applicant: Firm Name: Individual: K ~ n (S*fl\NZ::. Email: JDrcKy...i·> ©qt]c.b~f!.:@;U .C.Dl1 MailingAddress: 33c:il (raq;+oL(;~ 8Lv0 City: L8t--->7d State:Jj;!;_Zip:l.f~'/D~ Telephone Number: ( 5· n ) "Z.:..).:, .-Ji~ I Fax Number: (___) --------- ,,..-----'-----'\ / / /i:Y7T--Applicant Signature: ! ~,<·'fr/ )7~<&·\ /?J \,__.,A· )''---·--·-·v ____ 7 Project/Construction Manager: (If Applicable) -- Firm Name: --------------Individual:---------------- Em a i 1: ---------------------- Mailing Address:---------------City:-----------State: __ Zip: __ _ Telephone Number: ( Fax Number: (__) ________ _ Building/Property Owner: Firm Name:-------------- Email: 'J"i> ., c-K<{.,'-') (V;, Mailing Address: 3 .3 o I C r ... f; f.,L G ~ !31.. \.f D Telephone Number: ( S l] ) 2.. 3a -1 9> ''/-( Valuation of Work: $ '.2 D DOD. QJ).------1-'"-----'------- Individual: K 7 V"), G-A-f~.:;f--~,.s iJ - City: i..-. f}r\-S I ''() State: r--tI :i_:Zip:~i'?'lo£ Fax Number: (___J ________ _ :.;. ,.~--'I .. ''.1 (j; .• ,I Plan Review Fee: $ ---; ··c·, ------~.,.---~'--=--~ c: !-T-~ r··--C..) r.-1 -~--:·,.r -106- BUILDING PERMIT APPLICATION Permit#: ---------- City of Lansing Building Safety Office FC #: ---------- 316 N Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 Project#:---------- LOCATION OF WORK TO BE DONE Applicant Address .Jlol Cr:- Lot No. K~h &~+~ Property Owner J\: ll 6-At-.fi:t-N o Contractor Architect/Engineer (517) 483-4355 Email -5Art£.J . 01' (Zd-a.. &> DESCRIBE WORK: For Residential Property: Number of dwelling units --1~-- Parcel No. 3 -cf-'tll -ob-ZoJ --o Phone 517 -23ti-f&'-fl Phone License Number Exp. Date License Number Number of Bedrooms ___ _ For Commercial Property: Sq. Footage '2\ \9 Fire Suppression System? Yes__ No .A--(.·:. ···:·r. • Applicant has read, understands, and accepts the conditions in PART I on the reverse side. :: .. • ·-·-· ; . ; • Residential contractors MUST complete PART II on the reverse side of this form. Section 23a of the Slate Construction Code Act of 1972, 1972 PA230, MCL 125.1523A, prohibits a person from ·conspiring to· circumvent the licensing requirements of this state relating to persons who are to pertonn work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. ··~ "1 Date C.·) OR OFFICE USE ONLY o New Building (SFR) o New Building (Com) o Convert o Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Mobile Home Set-up o Pool o Other _____ _ o Investigation Fee o Certificate of Occupancy Required o Community Development Program o Residential Rental CONSTRUCTION TYPE _____ USE GROUP ____ _ ZONING DISTRICT LAND USE ______ _ PROJECT IS IN THE FLOOD PLAIN: D Yes o No COMMENTS -107- Valuation of Work$ _______ _ Plan Review Fee$ ________ _ Building Permit Fee $ ______ _ Technology Fee $ 10.00 <AII Building Permits! Building Permit $-=2=5=.o;:;...;o;;...·•_* _____ _ Application Electronic Conversion $ ______ _ TOTAL FEE$~~.,--~~~~~~ APPROVALS Zoning'----------+----- Building _________ -+------ .. NOTE -These fees apply only to licensed contractors for Permit types that can be obtained onllne (Roofing, Siding And Roofing and Siding) Buildjng Permit -Page 2 of 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing, Michigan. I do hereby agree to locate this building on the lot so that it will conform with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. PART II Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. FOR RESIDENTIAL CONTRACTOR ONLY: . Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the following information. Name Phone Address I City State I Zip Federal l.D. No. \' , ... _, -· ... · ... ;. -·· --::::::i MESC Employer Number or Reason for Exemption ~ .r:· ..... : ... .... J .. -.. ' ..-· l_ ~ ; ·' ·~ ... r--.i ·~·. Worker's Comp. Insurance Carrier or Reason for Exemption ,.. , ..... \-1-·: , ·-~ en ·-' ---.... --· ... ....... ~, ·--· '• ~;..... ~ l ~ I hereby certify that the proposed work is authorized by the owner of record and that I have been,~uth9rized.&y the owner to make this application as his authorized agent, and we agree to conform to all applLcl!bl#laws of the State of Michigan. All information submitted on this application is accurate to the best of m¥:~no~~dge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date Investigation fee: Whenever any work for which a permit is required by Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work~. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued~ The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law. Effective July l, 2016 Last Update 09/12/2016 -108- 1'Jeigl-1borhood De-velop1r1ent 3 16 ;"..:, Caoitol A \·t:., Sen Le C-I ··-L;:~usin.£. ;\H -+8933-1238 -(.517) .:.~83-4355 ·-·Fax (5 l 7'J )77-0 I (IC; · Rot~e:t JcJhn::;1;1\ Director 1,.vwv.·. Jansingm i.gov Bui1ding Safety Office Registered Design Professfona~ .Furm Registered De.sign Professional in Respom:ibie Ctrnrge (DPRC) In accord~u1ce with the section l07J.Ll tvJBC 2012, the Project Ownc·r rr1us; d:~signak the ·licensed architt:rt m engineer who is the project's Registered Design !'rofossiona! rn Responsibk Charge. The designated architectlenginetr must bi: a licensed prcfes:iional, and is rcsponsibic for reviewing and coordinaling all submittal documents prepared by consultants for compa!ibiiii)' with the building design. Docurnem' may indud~:: desig;n/huild submittals, deferred snbmiW1b. special irr;pec1ions ;1nci srructura1 observations. Project Address: 3301 Capitol City 8ivd Projcdffcnant Name: Medical Marihuan~; Care Give:· Cen_ter/ Capicoi City, LLC: COL Projec! #: 712 l 5 ---------· Registered Design Professional in H.esponsib!e O.rnrg~ Firsr Name: Paui r ...... ~, c:J Company: Angle Design & Consrruction, LLC Pl1one: 313.220.543,'.i_: _ _g _____ .. I_,;• Addi·ess: 6200 Schaefer Rd Cit:.:: De;;rborn Stace: !Vii --------- E-mail: mhachem@angledesigri@comcast.biz Owner Information -------------·------ Fi:st Name: -·------------- Address: Srate: Zip: -----------·-----·-- E-rnaiJ: F'ho:1e: r\s the P~~_()JJ~(:'f ()\Vr\.4E!{, j desigilBh: the al1o·,,:,e pers~;~1 as r:.;.y r~gis~:;:.r~d pr·ofessio~1L·d for t~e proje-ti: not~~L I undersiand that the architect/engineer desigmd,~d shc:i! :-;r: ,.-;sp011';ibie fo1· revi;:1,ving :rnd coordinating rdi submittrd documents prepared by others for the duration oftil'~ i)rojec:. [ -,1!so undc:rstanci !hat I must provide wrinen iHJtificafr:·n to the Building Official if my designee i:; changed. OwnH Signature -109- J: April 27, 2018 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Michigan 48082 Dear Applicant, Chris Swope Lansing City Clerk -;·-.. _j -L·-.:' ······ -· ... c:-.? .... -;.~ ··---.. --· ·-·· .... I"<....."'> .. :···~: (); ··-·-· _.,._. , __ ·~·-:.: r··· .. C,,;,) ~ .... • .i::-· I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de nova. 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. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, -~~ Chris Swope, City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk citv. clerk@lansingmi.gov -llO- ,. ··;·-i (-·; .. :···r 1 .----I.:·-! '.---··; . . - February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0,4601,7-154-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX ww.lansingmi.gov/cle_ 111-!rk@lansingmi.gov Hilary Jlf. Bltrnttrd Attorn•.;y at Law ---·---------------------·--------·-"··--------------·-- 168 N. 20th SL BatUe Crc~k, Ml 4901511103 N. Washington Ave. Lansing, MI 489061269-841-5154 I hbarno.rd@lawservicesmi.com In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION CAP CITY MEDICATION STATION This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to CAP CITY MEDICATION STATION its license for a Medical Marihuana Provisioning Center should remain denied. FACTS CAP CITY MEDICATION ST A TI ON ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 21, 2018, the City Clerk denied Appellant's application for failure to obtain a valid Certificate of Occupancy as a retail (group M) use. Appellant had applied on August 24, 2016 for a building permit for work described as change of use group from B to M. This permit was issued on August 24, 2016 with an expiration date of February 20, 2017. A plan review was fully approved on or about November 9, 2016. By conespondence on August 24, 2016 and November 9, 2016, the consultant for appellant was given instruction for inspection and its requirements. No calls for inspections were made. Appellant never obtained required permits for electrical, mechanical, or plumbing updates in the plan. As a result, appellant's certificate of occupancy lapsed, and appellant operated without compliance. By letter dated February 2, 2018, appellant was sent a letter indicating that the Building Safety Department recommended a denial of the marihuana business license application. It was indicated in the letter that the building structure lacked a valid Certificate of Occupancy and the waste disposal plan lacked sufficient detail to comply with the State of Michigan Emergency Rule 36. Appellant had I 0 days to address the deficiency with the City. By email dated February 9, 2018, the City of Lansing. received an email from appellant's representative with fo1ms for a Certificate of Occupation, indicating a hard copy to follow in the mail. Attached to the email was a file labeled to be site plans. By subsequent email on February 16, 2018, Appellant's representative sent a Change of use permit attachment and the same site plan document. A hard copy of these documents was received March 7, 2018 by the City of Lansing. ;· ... .1 .... .. c~ • Page 1of4 -, "· ,i .•. C.·.) -112-r---1.' ';' ': i Hila1y M. Barnttrd /\rtorney at Law ------·------------------------------·------------- 168 N. 20th St. Battle Creek, Ml 49015JI103 N. Washington Ave. l.~nsing, MI ·18906 J 269-841-5154 I hb~mnrd@lawscrviccsmi.com On February 20, 2018, Appellant was sent a denial letter indicating that it had 14 (fourteen) days to appeal. By letter dated March 6, 2018 and received March 7, 2018, Appellant appealed the denial.1 Appellant also received a cease operation notice from the City of Lansing on or about March 16, 2018 and submitted materials to the City requesting reconsideration. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Marihuana Facility license for the City of Lansing was erroneously denied. Pursuant to MCL § 125.15 l3: [a] building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency ... A certificate of use and occupancy shall.be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances. When a building or structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it (emphasis added) Under state construction code a building shall not be used or occupied until a certification of occupancy has been issued by the appropriate enforcing agency, and the work covered by the building permit has been completed according to the permit and all applicable laws and ordinances.2 Under the City of Lansing Ordinance No. 1217 Sec. 1300.1 ef seq., An application for a rnarihuana business license shall not be approved unless the building safety office has inspected a proposed location for compliance with all laws for they are charged with enforcement.3 A city applicant must also be in compliance with the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 P.A. 281 (as amended).4 Pursuant to Emergency Rule 9(5)(b), license applicants in Michigan are required to have a valid certificate of use and occupancy. 1 This officer sees the appeal as timely, given that the denial letter was delivered on February 22, 2018. 2 W. Cas. & S11r. Gip. v. Coloma Twp., 140 Mich. App. 516, 523, 364 N.W.2d 367, 369 , (Mich. App. 1985). J City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.S(E)(l). 4 id. at Sec. 1300.2(D}. Pagc2 of4 -113- ' .. ;. .. .. .. .. .. l. ... (:"·,; i .. : ; .. - i'-.'l r: . " f.'.::'J i \) (;, - (,) ~. - .. '-;-·-; .-, . -.) -,--1 . ' ,_ i'-j ...... Hilary M. Barnard Attorney at Law l 68 N. :?0th St. Battle Creek, MI 490 IS 11103 N. Wll!!hington Ave. Lansing, Mf 489061269-84 I -5154 I hbamard@lawservicesmi.com Under Emergency Rule 19: (l) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed rnarihuana facility is within a municipality that adopted an ordinance before December 15, 2017 ... The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following ... (ii) The municipality authorizes the temporary operation of the applicant ... (2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules. (emphasis added) Here, Appellant has not demonstrated compliance with the City of Lansing requirement for a Certificate of Occupancy. Appellant representative indicates that the timeline to cure deficiencies is unreasonable, however per statutory requirement in MCL § 125.1513, the city must issue the certificate, if entitled; within 5 days making a 10-day limit sufficient to have a permit application issued. While Appellant made effort to address deficiencies, the Appellant is not in compliance and cannot be issued a license if noncompliant. Further, Appellant has not had a valid certificate since expiration early in 2017 and has not explained why this was not corrected at that time.5 While Appellant is not addressing a State of Michigan license application, appellant cannot reasonably expect to obtain a City of Lansing license when non-compliant with the State requirements for the same business. As appellant is not able to meet requirements of Emergency Rule 9, it cannot be compliant at this time. Addressing the cease and desist, per Emergency Rule 19, a municipality must authorize the temporary operation of the applicant. The Lansing Ordinance requires compliance with the MMFLA. Here, the City of Lansing issued a cease operations notification which would indicate Appellant's temporary operation is not authorized thus making Appellant noncompliant with Emergency Rule 19. I 1-;-·: ~" ... ' ·._. ·· .. -, s Appellant raises the reasonable time argument; however, it should be noted that it did not cure its Certificit6 o(;:-: Occupancy within a reasonable time. See Stefanac v. Cranbrook Educ. Cmty., 435 Mich. 155, 174, 458 N.W.2d 56, 64 (1990) (stating that a long period of delay of two and a quarter years could not be construed as reasonable). Page 3 of 4 -114- : __ .) ; Ii . : : HilalJ; M~ B{tr11{tr{/ 1\norncy at Law 168 N. 20th Sr. Battle Creek, MI 4901511103 N. Washington1hc. L!lll,ing, MI 489061269-841-51541 hbamard@Jawservicesmi.com CONCLUSION As Appellant is not compliant with requirements for marihuana business licensure, at this time its application for a marihuana facllity license should remain denied. Respectfully Submitted, Hilary , ...... '' " ,. c.:.:i "' ----· ,; r·<.\ ·--(I; -··· ... ' ., -·:; i" ·• C0 fTi -"""1 .. .. .!:~·~· Page 4 of 4 -115- . I (~) ! -· ' --· -"• r;·· i _ .. ; ~ ..... CITY OF LANSING MEDICAL MARIHUANA COMMISSION APPEALS FOR MEDICAL MARIHUANA FACILITIES LICENSE CAPCITY MEDICATION STATION Appellant, v. CITY OF LANSING, CITY CLERK Appellee. Rico D. Neal (P69744) Attorney for Appellant 2875 Northwind Drive East Lansing, MI 48823 (517) 290-5753 ~ _, . ' ... · :-· ..... .... .. ( . .:.: -=:·::,, --. .;.~-- APPELLANTS MOVES TO APPEAL A DENIAL OF MEDICAL MARIHUANA APPLICATION PURSUANT TO THE CITY OF LANSING ORDINANCE, CHAPTER 1300.15 (C) Appellant, Kim Gaetano aka CapCity Medication Station, by and through attorney, Rico Neal, hereby appeals to the City of Lansing Medical Marihuana Commission pursuant to the City of Lansing Ordinance Chapter 13 00 .15 ( c) -116- ........... · 1 ADMINISTRATIVE HISTORY Appellant applied for a City of Lansing Medical Marihuana Facility license with the City of Lansing. The Clerk for the City of Lansing denied Appellant's application for failure of securing a Certificate of Occupancy. Pursuant to the City of Lansing Ordinance Chapter 1300.15 (C), Appellant submitted a Clerk Appeal, (Exhibit A) for a reversal of the denial. Upon review of the Clerk's designated Hearing Officer, the Appellant's appeal was denied. Here, the Appellant pursues her rights for an appeal to be heard and reviewed by the City of Lansing Medical Marihuana Commission. The Appellant moves to have her appeal granted due to the_ . --'·:· ~~:~~ Clerk's arbitrary and capricious denial. FACTS •-::· . ·, ::.,.) '•· .: f'·,) CF; ,~·-. r-·;··: In August 2016 a building permit was issued by the City of Lansing (Exhibit B) to 3301..-!=apj}al '.~~.' : . ~ : City Blvd. The applicant of the Site Plan Review and Building Permit applications waidam~ine Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions. However, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and Mr. Dickens was not granted a certificate of occupation and change of use code. Appellant, the applicant for the City of Lansing's medical marihuana license, was not the building permit holder and should not be responsible for Mr. Dickens's failure. She was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Appellant's application for a City of Lansing medical marihuana license should not have been denied, without allowing the Appellant an opportunity to secure a certificate of occupancy of which she has applied for. Appellant's representative submitted a building permit application to the Building and Safety Department, which were refused by Building and Safety. Because of the refusal to accept the 2 -117- documents, they were sent via email on February 9th (Exhibit F). Appellant's representative contacted Building and Safety via phone for any instructions, which was not responded to. On February 16111, Appellant's representative took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. After several more attempts to submit the documents for the Certificate of Occupancy, Building and Safety accepted hard copy documents on March 7, 2018. In summary, the City of Lansing's Clerk's office received, via email and hard copies February 9th and February 16th of2018. The Appellant took appropriate action to secure a Certificate of Occupancy within the required 10 days. On Wednesday February 21 5\ Appellant received the letter for denial. It is clear that the City Clerk's office ignored Appellant's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently Appellant's application was denied. :·-···· ,. .. :) " ·:-:.:.l ' :> ,, .·.~ STANDARD OF REVIEW :::::-· •. -u:,: ' ... ;--.,) ' .. en ---·---, .. -·~ Pursuant to Administrative Procedure Act 5 U.S.C. § 706(2)(A) '··· c.--:~· : ,. ·.) fl\ . (2) hold unlawful and set aside agency action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;< '" RELEVANT LAWS MCL 125.1513 125 .1513 Certificate of use and occupancy; issuance; contents; application; fee; temporary certificate; notice of final inspection. A building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency. . . . A certificate of use and occupancy shall be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances .... When a building or 3 -118- ·-·-· ... ' ; i c·:·, '· i ·; -·---r-r~J ·--·· -... structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. Emergency Rule 9(5)(a) (5) An applicant shall submit proof to the department of the following: (a) A certificate of use and occupancy as required pursuant to section 13of1972 PA 230, MCL 125 .1513 and these rules. City of Lansing Ordinance 1217, § 1300.5(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. City of Lansing Ordinance 1217, § 1300.2(D), All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secure transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rules of the Medical Marihuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the City, the MMMA, MMFLA and the MTA. MCL 111.1 111.1. Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. ''·,) .. , u; 4 -119- SUMMARY OF ARGUMENT Appellant, aka CapCity Medication Station, (Appellant), argues that the City of Lansing's Hearing Officer's denial (Exhibit G) of the Clerk Appeal was arbitrary and capricious. The Hearing Officer refers to inapplicable sections of the Chapter 1300 of the City Medical Marihuana Facility Ordinance, and arbitrarily applies ancillary State of Michigan Statutes in its reasoning to uphold the Clerk's denial of the Appellant's application. Here, the Appell~f ,.~:~~ ····: .. . ' .. ~:.:: :.~; complied with the language of the City of Lansing Ordinance 1217 Chapter 1300's langU.~(ge,~~; I'·,) when she applied for a medical marihuana facility license, and attempted to address the ,:··:: c;: deficiencies required in the City of Lansing's February 2nd letter, (Exhibit H) for c, t ..• ,:,,.:; f"'i! recommendation of denial. The Hearing Officer arbitrarily applies statutes and rules tha!::~hapter 1300 does not express; and ignored the expressed language in the City of Lansing's Letter recommending for denial. In other words, the Hearing Officer's reasoning was not based on the facts and evidence relevant to the City of Lansing's stated reasons for denial. Additionally, the Hearing Officer specifically states that, "The Appellant made attempts to address the deficiency"; and even if the Appellant isn't in compliance, she then states that the Appellant is not in compliance "at this time". Here, the Appellant "made attempts to address the deficiency", by applying for a Certificate of Occupancy. Moreover, the City of Lansing's Clerk's recommendation for denial letter states, "address this deficiency", which the Hearing Officer expressly admits. Plus, had .the City of Lansing accepted the Appellant's building permit and change of use application, the Appellant could be in compliance. DISCUSSION Pursuant to Natural Resources. v. US., 966 F .2d 1292, 97, (9th Cir. '92), arbitrary and capricious is defined as, absence of a rational connection between the facts found and the choice made. 5 -120- ...-··,: ! ii Additionally, an agency decision may be set aside ifthe decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, Id 5 U.S.C. § 706(2)(A). Here, the Hearing Officer's initial reasoning applied MCL 125.1513, stating that the Appellant must secure a Certificate of Occupancy in order to be in compliance for a Lansing Medical Marihuana facility license. According to the facts, MCL 125.1513 was not stated in the Lansing Ordinance 1217 § 1300. Furthermore, the City of Lansing's February 2nd letter of reconunendation for denial, did not state or refer to MCL 125.1513. The Hearing Officer abused its discretion by referring to this ancillary state rule, for which the Appellant was not being held to, according to the facts. Here the facts reveal that the City of Lansing's Clerk's letter ofreconunendation for denial, stated that the Appellant was in violation of Michigan Building Code 2015 section 111.1. However, the Hearing Officer arbitrarily applied MCL 125.1513 in order to support a denial of appeal and did not review the facts of the Appellant's matter, which does not include MCL 125.1513. IfMCL 125.1513 were to apply, then such statute would favor the Appellant, due to the facts that the Appellant applied for a Certificate of Occupancy on February 91\ allowing the City of Lansing the ability to grant a Certificate of Occupancy within 5 days of the applicatioq.,, EMERGENCY RULE 19 ... '. ,· .. ,-,--1.::..J .:. ... .. ... '"~ '~ .< (;I . .. · .. : ;-... . 4; The Hearing Officer states that the Appellant cannot reasonably expect to obtain a City;of ~:~' -······ '· '". Lansing License when it can't meet the requirements of Emergency Rule 19. Howev.bf, the_, r;··~ '"c i .. ~ ··: .-··-· ... , Hearing Officer admits that Emergency Rule 19 applies to a State of Michigan Applfbatioh,1 not the City of Lansing application. The Hearing Officer arbitrarily assumes that the Appellant cannot comply with the Emergency Rule 19, when the Appellant applies for a State of Michigan 6 -121- Medical Marihuana license. Such assumption, is not factual. Specifically, since, in this matter, the Appellant has applied for a Certificate of Occupancy. CITY OF LANSING ORDINANCE 1217 §1300 The Hearing Officer stated the City of Lansing Ordinance 1217 §1300(5) (e) and (2)(d), however, but failed to apply them to its denial. Pursuant to 1300.5(e), an application shall not be approved unless the proposed location is inspected by Fire and Building and Safety Departments for compliance. Here, the City of Lansing did not attempt to inspect the Appellant's location, despite the Appellant's application for a Certificate of Occupancy. Additionally, the Fire and Building and Safety Departments cannot inspect applications of proposed locations that are not built or abandoned, and if the City of Lansing grants an exemption for those proposed locations, such action is, on its face, arbitrary and capricious, and would clearly be an abuse of discretion against the Appellant. The Hearing Officer states that the Appellant has not explained why the applicant's 2016 building permit expired and did not secured a Certificate of Occupancy since early 2017. The Hearing Officer arbitrarily ignored the facts that the Appellant was not the holder of the 2016 building permit. Mr. Dickens was the holder of the building permit and he failed to secure the Certificate of Occupancy. Moreover, once the Appellant was notified of the lack of Certificate of Occupancy, the Appellant promptly submitted the application for a Certificate of Occupancy, which allowed for a Fire and Building and Safety Departments inspection. Therefore, the Hearing Officer's arbitrary application of§ 1300.5 (e) does not apply to Appellant. ... .. t.:.") ·-·-.' r' '· ·----·· -122- (}'j MCL 111.1 The Hearing Officer arbitrarily dictates that occupancy precedes application. Pursuant to MCL 111.1 and Emergency Rule 9, a Certificate of Occupancy is required to comply with the rules of operation and occupying a structure in the State of Michigan. However, according to the City of Lansing arbitrary actions of exempting buildings that haven't been constructed or abandoned buildings, occupancy obviously does not precede an application. In other words, an individual or entity is allowed to apply for a City of Lansing license without occupancy, such opportunity should be afforded to the Appellant. Here, the facts show that the Appellant was not aware that Mr. Dickens fail to secure a Certificate of Occupancy, and promptly "attempted to address the deficiency" as the City of Lansing's February 2nd letter demanded. And, the Appellant's application should not be arbitrarily denied until the Appellant has the official occupancy and operation of the proposed location. CONCLUSION --·-"'-... ~, r , ; :.::.':l r·-.) C .. ,; (JI The Hearing Officer's arbitrary and capricious reasoning to deny Appellant's derual -,.~i . ' -· .. should be reversed. The Hearing Officer ignored the facts of which the Appellant was faped~·;:' ;::; ~7i with in this matter. The City of Lansing issued the Appellant a letter of recommendation· for denial for lack of Certificate of Occupancy and that the Appellant was to "address the deficiency". Upon notice of the lack of Certificate of Occupancy, Appellant promptly, in the words of the Hearing Officer, "made attempts to address the deficiency". The Hearing Officer's attempt to apply rules and statutes that were not relevant to the City Clerk's recommendation for denial letter is clearly arbitrary and capricious. The Appellant complied with the language of the City of Lansing Ordinance 1217 § 1300, and when notified of a deficiency, promptly addressed them. To arbitrarily apply ancillary rules and statutes to the Appellant's matter, and not adhere 8 -123- ~· -·' to the applicable facts, is clearly an abuse of discretion. Appellant's denial of its application for a City of Lansing medical marihuana license should be reversed. Respectfully submitted, Date: May 25, 2018 r·· -1-. ., .--c-=j ('..:j (. -~ .. ::.:.-... ··-· I ..... : ; .. ·r·t f'·.) (--"~ ·-CJ; [Ti --- ~-··· :. . .: c~ ~-!'"] -i ··--(,,,) ; ' i-i"'j .. ---·, •.. en .. ---· 9 -124- ii':::-crJ \i/_:-, i ADDENDUM TO COMMISSION APPEAL BRIE En; n,.,." . -· ~, -ti(;.}! i.=·! { ~'J J p:.: r. c·--, j j ! • '-J i On February 2, 2018, the Lansing City Clerk sent CapCity Medication Station k fati~t ~t~tihg7ih'af !_ER.< their application for a City of Lansing medical marihuana license was recommended for denial by the Building and Safety Department. The reason was because the "structure lacks a valid Certificate of Occupancy as a retail (group M) use and not alterations or obtaining a change of use group permit is indicated on the application". In prompt response, CapCity Medication Station submitted a building permit application and additional documents to secure a Certificate of Occupancy to the Building and Safety Department. A few days following, CapCity Medication Station, received a letter of denial for their medical marihuana license. Clearly, the City Clerk ignored CapCity Medication Station's attempt to secure the certificate of occupancy. CapCity Mediation Station argues that 10 days was not a reasonable amount of time for them to secure a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2nd letter, CapCity Medication Station immediately applied for a Building Permit in order to secure the certificate of occupancy. If a building permit, a site plan review, and inspections were needed by the Fire and Building and Safety departments, then it would be unreasonable to require an applicant to secure a certificate of occupancy within 10 business days. Therefore, CapCity Medication Station could not have complied with the City Clerk's February 2nd letter, and their application was unfairly denied. APPLICABLE FACTS In August 2016 a permit was issued by the City of Lansing to 3301 Capital City Blvd. In 2016, the applicant for the Site Plan Review and Building Permit applications was Jamaine Dickens. The permit was issued on August 2016 with conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not ins#.Q1Ctfie,ptemises~!fula,Jvk Dickens was not granted a certificate of occupation and change of us_t~Qqe.f. !~°'ft"~~;~fJtpfl.ity 1 -125- Medication Station, the applicant for the City of Lansing's medical marih~&11~ Hr,~~er v.ia~J n~~ 57 the building permit holder nor the occupant, and should not be responsibl[ S?f,Mr , '..?i~ff~'CLEi( ~ failure. CapCity Medication Station was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. CapCity Medication Station's application for a City of Lansing medical marihuana provisioning center should not be denied, without being allowed the opportunity to apply for a certificate of occupancy for which CapCity Medication Station had applied. The February 2nd letter to CapCity Medication Station requested that CapCity Medication Station address the deficiency within 10 business days. CapCity Medication Station responded by submitting facility plans with the change of use, an application for a Site Plan Review, a Building Permit for change of use, and a Registered Design Professional Form within the 10 days. The City of Lansing promptly denied CapCity Medication Station's application, disregarding CapCity Medication Station's efforts to address the deficiency. CapCity Medication Station application should not be denied without being allowed an opportunity to apply and secure a certificate of occupation, which the February 2nd letter demands. LANSING CITY ORDINANCE 1217§1300 According to City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana license is required to secure a "valid certificate of occupancy." The ordinance speaks to ownership, location, zoning, and operational requirements, but there is no language regarding a certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, § 1300.S(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. -126- 2 Z []ID [ ;_c~ :.t 2 i (\.·~ 1. c () Here, the City of Lansing may argue that since to Mr. Dickens failed to comp let~ t_he conditiJris J • ·J 0 of the original building permit, and that 3301 Capital City was not in complia~-c~'vVri~1ir~~7th·~c:i.Ef;\ rules of the Fire and Building and Safety departments. Pursuant to § 1300.5(E), no application shall be approved without an inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, here, the applicant should have been given a reasonable amount of time to bring the location into compliance. In this matter, once the applicant was notified that the location was not in compliance, a building permit application and a site plan review application were submitted for a Certificate of Occupancy in order to bring the location into compliance. If the location was needing an inspection, then the City of Lansing did not allow reasonable time, 10 business days, so that CapCity Medication Station could be inspected. Furthermore, the City of Lansing did not give CapCity Medication Station any notice whether its building permit and site plan reviews were processed, approved, or denied, before they were unfairly denied. In the City of Lansing's Hearing Officer's denial, the Hearing Officer argued that CapCity Medication Station has not demonstrated compliance by to not securing a Certificate of Occupancy. The Officer continued, stating that MCL § 125.1513 requires that a city must issue the certificate, if entitled, within 5 days making the 10-day limit sufficient to have a permit application issued. The Hearing Officer then stated that CapCity Medication Station made an effort to address the deficiencies, however, they were not in compliance since their 2017 building permit expiration. CapCity Medication Station argued that Lansing Ordinance 1217 § 1300.5(E) does not state whether an applicant's location is to be inspected prior to an applicant submitting an application. Nor, does it state whether an applicant must secure a certificate of occupancy. § l 300.5(E) states that no application shall be approved unless the City of Lansing's Fire Department and Building and Safety office inspects the proposed location. 3 -127- Here, after being notified that a certificate of occupancy was required, CapCity Medication Station, submitted an application to secure a Certificate of Occupation, but no City of Lansing department inspected the premises. The City seemed to ignore or disregard CapCity Medication Station's efforts to secure a certificate of occupancy. In the Clerk's response, the Hearing Officer states that CapCity Medication Station is not in compliance and cannot come into compliance. And that CapCity Medication Station did not have a Certificate of Occupancy since 2017 without explaining why it has not been corrected at that time. Here, CapCity Medication Station's application was denied prior to any inspection by the Fire Department and Building and Safety. § 1300.S(E), is unclear whether an applicant must have its location inspected prior to applying for a City of Lansing medical marihuana license. Hypothetically, can the Fire and Safety Departments inspect a location that isn't built yet, for which the City of Lansing has received numerous medical marihuana license applications? Are all of those applications being denied? It is unclear whether § 1300.S(E) intended to deny all applications for locations that have not yet been built. The Fire Department and Building and Safety departments cannot inspect those locations. Therefore, those applicants are not in compliance. As stated, CapCity Medication Station's application was denied prior to any inspection and prior to being given a reasonable amount of time. Thus, a lack of inspection should not automatically trigger a license application denial for the lack of a certificate of occupancy. MICHIGAN BUILDING CODE 2015 SECTION 111.1 The City of Lansing's February 2nd letter to CapCity Medication Station states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1 . However, the City of Lansing Ordinance 1217 does not speak to Michigan Building Code 2015 at all. MCL 111.1 -128- 4 111.1. Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. As stated above, the Lansing Ordinance 1217 does not speak to the Michigan Building Code. Michigan Code Section 111 .1 applies to all building occupants. As it relates to facilities that have not been built yet, those locations are not occupied, therefore a certificate of occupancy could not be secured. Based on the Building and Safety's statement that CapCity Medication Station was in violation of MCL 111.1, then all of those applicants are in violation of Michigan Building Code Section 111 .1. Are they precluded from applying for a City of Lansing medical marihuana license? Are all of those applications being denied? Is that the intent the City of Lansing Ordinance 1217? Is an applicant required to occupy and secure a certificate of occupancy, pursuant to Michigan Code Section 111.1 in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 121 7, then such intention is not clear. The City Clerk's February 2°d letter recommended a denial to CapCity Medication Station because: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied". As stated above, CapCity Medication Station promptly addressed the deficiency, as noted in the February 2nd letter, by submitting building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing Ordinance failed to state that a certificate of occupancy was required prior to CapCity Medication Station applying for a medical marihuana license. Nonetheless, the February 2nd letter says, "address the deficiency". The February 2nd letter shoutd:J;r~v;e-]by_erii ele~n~r:-in its :meaning of addressing the deficiency, other than for CapCity •• _ __, • '·•·' • •.-"-'~' .... ;·;;·.). ~ •) ! Medi~~~f 1~f iop[o}.~?;f~;~ rfZr a certificate of occupancy in order to comply with the Michigan -129- 5 Building Code Section 111.1. The Clerk's Hearing Officer stated that the appellant made an effort to address the deficiencies. The February 2nd letter stated that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, there is no reference to Michigan Code 2015 Section 111.1 language in the Lansing Ordinance 1217. There are no citations within the ordinance that lead an applicant to refer to Michigan Code 2015. The City Clerk's Hearing Officer did not include MCL 111.1 in its response to CapCity Medication Station's appeal. The Lansing Ordinance 1217, Sections 1300. l and 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" states that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (BMMR Emergency Rules). Pursuant to the BMMR Emergency Rule 26(3 ), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and the.se rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. , .. ,-,-·,.-. ·. ·1·"' -.. ,·,-····-- (b) An applicant or licensee shall obtain a building permit for a charig~' 5{o~c~~anc{f6~< 1 \i. ; an existing building to be utilized as a proposed marihuana facility ocr_;i.~t;ih?~Jla f~i.Fty: J, UG as provided in the act and these rules. · · , · · ;~··.J ~~:;/\I~~):.~::~-: 6 -130- CapCity Medication Station submits that Emergency Rule (26) confirms a requirement to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facility license prior to securing a certificate of occupancy until operation. Therefore, Emergency Rule (26) does not preclude CapCity Medication Station from applying for a medical marihuana license; they may not "operate" a marihuana facility without the certificate of occupancy. The Hearing Officer did not refer to The Lansing Ordinance 1217, Sections 1300. l and 1300.2, or Emergency Rule (26). The Hearing Officer briefly referred to Emergency Rule (9), stating that "license applicants in Michigan are required to have a valid certificate of occupancy. The Hearing Officer's claims that the Appellant would not be able to comply with the State of Michigan license application, since, the Appellant isn't in compliance with Lansing's Ordinance. But, the Hearing Officer admits that the Appellant is not applying for a State license in this matter. Therefore, the Emergency Rules do not apply to a Lansing application. Additionally, the Hearing Officer stated that the Appellant was not in compliance "at this time". Whereas, if the CapCity Medication Station were given ample time to secure the Certificate of Occupancy, they could have been in compliance. CONCLUSION CapCity Medication Station is committed to the City of Lansing. They chose to make an investment in Lansing with jobs, taxes and property improvements. CapCity Medication Station brings over 10 years of experience in the Medical Marihuana industry from Colorado and Washington. In conclusion, the City of Lansing's denial of CapCity Medication Station medical marihuana license was arbitrary and capricious. (See Attached Brief). CapCity Medication Station should have been given the opportunity to secure the Certificate of o6~~~;h~y~;, -Th1 b~ctiricihd~.does not state that a certificate of occupancy is required prior to applying:forla City ei:L'$'.~ipg]~edical 7 -131- marihuana license. If the ordinance's intent was for all applicants to secure a certificate of occupancy, then all of the applicants whose location has not been built should be denied. Upon receipt of the February 2nd letter, CapCity Medication Station promptly addressed the deficiency and applied to secure a valid certificate of occupancy. The Hearing Officer admits to this evidence in its response. On these grounds, CapCity Medication Station's appeal to the City of Lansing's denial of the application should have been granted. 8 -132- CITY OF LANSING MEDICAL MARIHUANA COMMISSION APPEALS FOR MEDICAL MARIHUANA FACILITIES LICENSE CAPCITY MEDICATION STATION Appellant, V. CITY OF LANSING, CITY CLERK Appellee. Rico D. Neal (P69744) Attorney for Appellant 2875 Northwind Drive East Lansing, MI 48823 (517) 290-5753 APPELLANTS MOVES TO APPEAL A DENIAL OF MEDICAL MARIHUANA APPLICATION PURSUANT TO THE CITY OF LANSING ORDINANCE, CHAPTER 1300.15 (C) Appellant, Kim Gaetano aka CapCity Medication Station, by and through attorney, Rico Neal, hereby appeals to the City of Lansing Medical Marihuana Commission pursuant to the City of Lansing Ordinance Chapter 1300.15 (c) -133 - 1 ADMINISTRATIVE HISTORY Appellant applied for a City of Lansing Medical Marihuana Facility license with the City of Lansing. The Clerk for the City of Lansing denied Appellant's application for failure of securing a Certificate of Occupancy. Pursuant to the City of Lansing Ordinance Chapter 1300.15 (C), Appellant submitted a Clerk Appeal, (Exhibit A) for a reversal of the denial. Upon review of the Clerk's designated Hearing Officer, the Appellant's appeal was denied. Here, the Appellant pursues her rights for an appeal to be heard and reviewed by the City of Lansing Medical Marihuana Commission. The Appellant moves to have her appeal granted due to the Clerk's arbitrary and capricious denial. FACTS In August 2016 a building permit was issued by the City of Lansing (Exhibit B) to 3301 Capital City Blvd. The applicant of the Site Plan Review and Building Permit applications was Jamaine Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions. However, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and Mr. Dickens was not granted a certificate of occupation and change of use code. Appellant, the applicant for the City of Lansing's medical marihuana license, was not the building permit holder and should not be responsible for Mr. Dickens's failure. She was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Appellant's application for a City of Lansing medical marihuana license should not have been denied, without allowing the Appellant an opportunity to secure a certificate of occupancy of which she has applied for . Appellant's representative submitted a building permit application to the.'.Bliildihg andSa!fe(y\·"; Department, which were refused by Building and Safety. Because of tRi;r~fui~r\o la!~o~~titli~Z -134- 2 documents, they were sent via email on February 9th (Exhibit F). Appellant's representative contacted Building and Safety via phone for any instructions, which was not responded to. On February 16th, Appellant's representative took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. After several more attempts to submit the documents for the Certificate of Occupancy, Building and Safety accepted hard copy documents on March 7, 2018. In summary, the City of Lansing's Clerk's office received, via email and hard copies February 9th and February 16th of 2018. The Appellant took appropriate action to secure a Certificate of Occupancy within the required 10 days. On Wednesday February 21 5\ Appellant received the letter for denial. It is clear that the City Clerk's office ignored Appellant's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently Appellant's application was denied. ST AND ARD OF REVIEW Pursuant to Administrative Procedure Act 5 U.S.C. § 706(2)(A) (2) hold unlawful and set aside agency action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; RELEVANT LAWS MCL 125.1513 125 .1513 Certificate of use and occupancy; issuance; contents; application; fee; temporary certificate; notice of final inspection. A building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency .... A certificate of use and occupancy shall be issued by'.th.§'etjf9r~_ip:g 8:gepcy';FJ when the work covered by a building permit has been completeg. ~n a.cc~.r~ance "vv'ith'th'e ' permit, the code and other applicable laws and ordinances .... W-h~ri a billldihg ~t'!! Ji oz 3 -135- structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. Emergency Rule 9(5)(a) (5) An applicant shall submit proof to the department of the following: (a) A certificate of use and occupancy as required pursuant to section 13 of 1972 PA 230, MCL 125.1513 and these rules. City of Lansing Ordinance 1217, §1300.S(E), "No application shall be approved unless:" ( 1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. City of Lansing Ordinance 1217, § 1300.2(0), All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secure transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rules of the Medical Marihuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the City, the MMMA, MMFLA and the MT A. MCL 111.1 111.1. Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. -136- SUMMARY OF ARGUMENT Appellant, aka CapCity Medication Station, (Appellant), argues that the City of Lansing's Hearing Officer's denial (Exhibit G) of the Clerk Appeal was arbitrary and capricious. The Hearing Officer refers to inapplicable sections of the Chapter 13 00 of the City Medical Marihuana Facility Ordinance, and arbitrarily applies ancillary State of Michigan Statutes in its reasoning to uphold the Clerk's denial of the Appellant's application. Here, the Appellant complied with the language of the City of Lansing Ordinance 1217 Chapter 1300's language, when she applied for a medical marihuana facility license, and attempted to address the deficiencies required in the City of Lansing's February 2nd letter, (Exhibit H) for recommendation of denial. The Hearing Officer arbitrarily applies statutes and rules that Chapter 1300 does not express; and ignored the expressed language in the City of Lansing's Letter recommending for denial. In other words, the Hearing Officer's reasoning was not based on the facts and evidence relevant to the City of Lansing's stated reasons for denial. Additionally, the Hearing Officer specifically states that, "The Appellant made attempts to address the deficiency"; and even if the Appellant isn't in compliance, she then states that the Appellant is not in compliance "at this time". Here, the Appellant "made attempts to address the deficiency", by applying for a Certificate of Occupancy. Moreover, the City of Lansing's Clerk's recommendation for denial letter states, "address this deficiency", which the Hearing Officer expressly admits. Plus, had the City of Lansing accepted the Appellant's building permit and change of use application, the Appellant could be in compliance. DISCUSSION Pursuant to Natural Resources. v. US., 966 F.2d 1292, 97, (9th Cir.'92), arb~trwy Clcfl~!c-~pricjm,is ... , " • '.._. •• J ' • . .J ; '. • ·~ I . ~· • ' ; : i :·:: i • ! ;f .~ is defined as, absence of a rational connection between the facts found ancfth~ ~hR'i.¢e 1i'rt~.q~_.·;.J ;; j JZ 5 -137- Additionally, an agency decision may be set aside if the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, Id 5 U.S.C. § 706(2)(A). Here, the Hearing Officer's initial reasoning applied MCL 125.1513, stating that the Appellant must secure a Certificate of Occupancy in order to be in compliance for a Lansing Medical Marihuana facility license. According to the facts, MCL 125 .1513 was not stated in the Lansing Ordinance 1217 § 1300. Furthermore, the City of Lansing's February 2nd letter of recommendation for denial, did not state or refer to MCL 125 .1513. The Hearing Officer abused its discretion by referring to this ancillary state rule, for which the Appellant was not being held to, according to the facts. Here the facts reveal that the City of Lansing's Clerk's letter of recommendation for denial, stated that the Appellant was in violation of Michigan Building Code 2015 section 111.1. However, the Hearing Officer arbitrarily applied MCL 125.1513 in order to support a denial of appeal and did not review the facts of the Appellant's matter, which does not include MCL 125.1513. If MCL 125 .1513 were to apply, then such statute would favor the Appellant, due to the facts that the Appellant applied for a Certificate of Occupancy on February 9th, allowing the City of Lansing the ability to grant a Certificate of Occupancy within 5 days of the application. EMERGENCY RULE 19 The Hearing Officer states that the Appellant cannot reasonably expect to obtain a City of Lansing License when it can't meet the requirements of Emergency Rule 19. However, the Hearing Officer admits that Emergency Rule 19 applies to a State of Michigan Application, not the City of Lansing application. The Hearing Officer arbitrarily as.s~!.P1¢~~h~t ~~~ f\ppeH~rt. , -... · .. ' .; ·,}j ·i c,,/ : cannot comply with the Emergency Rule 19, when the Appellant ~plids fdrJ a ~~t,~;p,f ~;r,higan 6 -138- Medical Marihuana license. Such assumption, is not factual. Specifically, since, in this matter, the Appellant has applied for a Certificate of Occupancy. CITY OF LANSING ORDINANCE 1217 §1300 The Hearing Officer stated the City of Lansing Ordinance 1217 §1300(5) (e) and (2)(d), however, but failed to apply them to its denial. Pursuant to 1300.5(e), an application shall not be approved unless the proposed location is inspected by Fire and Building and Safety Departments for compliance. Here, the City of Lansing did not attempt to inspect the Appellant's location, despite the Appellant's application for a Certificate of Occupancy. Additionally, the Fire and Building and Safety Departments cannot inspect applications of proposed locations that are not built or abandoned, and if the City of Lansing grants an exemption for those proposed locations, such action is, on its face, arbitrary and capricious, and would clearly be an abuse of discretion against the Appellant. The Hearing Officer states that the Appellant has not explained why the applicant's 2016 building permit expired and did not secured a Certificate of Occupancy since early 2017. The Hearing Officer arbitrarily ignored the facts that the Appellant was not the holder of the 2016 building permit. Mr. Dickens was the holder of the building permit and he failed to secure the Certificate of Occupancy. Moreover, once the Appellant was notified of the lack of Certificate of Occupancy, the Appellant promptly submitted the application for a Certificate of Occupancy, which allowed for a Fire and Building and Safety Departments inspection. Therefore, the Hearing Officer's arbitrary application of§ 1300.5 (e) does not apply to Appellant. 7 -139- MCL 111.1 The Hearing Officer arbitrarily dictates that occupancy precedes application. Pursuant to MCL 111. l and Emergency Rule 9, a Certificate of Occupancy is required to comply with the rules of operation and occupying a structure in the State of Michigan. However, according to the City of Lansing arbitrary actions of exempting buildings that haven't been constructed or abandoned buildings, occupancy obviously does not precede an application. In other words, an individual or entity is allowed to apply for a City of Lansing license without occupancy, such opportunity should be afforded to the Appellant. Here, the facts show that the Appellant was not aware that Mr. Dickens fail to secure a Certificate of Occupancy, and promptly "attempted to address the deficiency" as the City of Lansing's February 2nd letter demanded. And, the Appellant's application should not be arbitrarily denied until the Appellant has the official occupancy and operation of the proposed location. CONCLUSION The Hearing Officer's <;lrbitrary and capricious reasoning to deny Appellant's denial should be reversed. The Hearing Officer ignored the facts of which the Appellant was faced with in this matter. The City of Lansing issued the Appellant a letter of recommendation for denial for lack of Certificate of Occupancy and that the Appellant was to "address the deficiency". Upon notice of the lack of Certificate of Occupancy, Appellant promptly, in the words of the Hearing Officer, "made attempts to address the deficiency". The Hearing Officer's attempt to apply rules and statutes that were not relevant to the City Clerk's recommendation for denial letter is clearly arbitrary and capricious. The Appellant complied with the language of the City of Lansing Ordinance 1217 § 1300, and when notified of a deficieti:~Y:;i~t~miP.Vf;a:ddr~~~~9 ··; them. To arbitrarily apply ancillary rules and statutes to the Appellant'SJfuatte{artdlrfG>t1.adh~t8Z 8 -140- to the applicable facts, is clearly an abuse of discretion. Appellant's denial of its application for a City of Lansing medical marihuana license should be reversed. Respectfully submitted, Date: May 25, 2018 Rico D. Neal (P69744) : • .. •.• . ·. , ~ 1 • ~ • 1 r : .-· -, n,.._ .. , ,. I l. i-.JU •::...· ;.d i:., 1\(·:."Jdt :JG 9 -141- Timeline First Class, Inc. 4215 North Grand River Lansing, Michigan 48906 December 15, 2017 -Application submitted with Zoning Addendum ..................... 1 December 21, 2017 -Department Review of Applications Begins February 1, 2018 -Zoning Denial Email (Redacted) ................................................... 6 February 2, 2018 -Denial Letter sent from Office of Clerk ...................................... 10 February 16, 2018 -Appeal letter submitted by applicant's attorney ................... 12 February 16, 2018 -Appeal submitted by applicant's attorney .............................. 13 February 28, 2018 -Appeal to Hearing Officer March 16, 2018 -Request for additional info letter sent from Office of Clerk ..... 15 April 6, 2018 -Hearing Officer contacted by applicant's attorney ......................... 17 April 6-11, 2018-Additional information request by Hea ring Officer ................... 49 April 11, 2018 -Attorney email to Hearing Officer with attachment.. .................. .53 April 19, 2018 - Hearing Officer Denial ...................................................................... 55 April 20, 2018 -Hearing Officer Denial Letter sent ................................................... 56 May 18, 2018 -Commission Appeal submitted ......................................................... 58 ADDENDUM TO PETITION FOR RE-ZONING BY APPLICANT FIRST CLASS, INC. December 15, 2017 If so, please describe and/or explain the specific land use proposed for this property: Applicant will apply for licenses under MCL §§ 333.27101 et seq., and is currently applying for licenses under the Lansing Code of Ordinances§§ 1300.01 et seq. Applicant intends to operate a medical marijuana provisioning center in full compliance with all state and local laws and ordinances. See also attached Certificate of Occupancy (for Subject Property). Explain what changes or changing conditions make the passage of this rezoning necessary: Lansing Code of Ordinances § 1268. 02(1) provides that in an F or F-1 Commercial District, the following principal use is permitted, "(a] medical marihuana establishment, as specified in Chapter 1300." (Ord. No. 735, 11-24-86; Ord. No.1168, § 1. 6-27-11). As explained, Applicant intends to apply for licenses and thereafter operate a lawful medical marijuana establishment; however, the property must be re-zoned from D-1 to For F-1 to be compliant with the Lansing Code of Ordinances, thus necessitating this proposal. Comment on other circumstances which justify the amendment: The instant zoning amendment is justified because it is consistent with adjacent land uses and the Design Lansing Comprehensive Plan. Adjacent to the Subject Property is a small grocery and convenience store, zoned F (parcel 252-221-4209). In addition, the proposed amendment is compliant with key aspects of the Design Lansing Comprehensive Plan_ For example, the "Future Land Use'' Map designates the Subject Property as "Suburban Commercial", as does the "Economic Concepts for Change" Map. The Comprehensive Plan describes Suburban Commercial uses as including retail and automobile uses, primarily. See Comp. Plan., pg. 60 ("In addition to retail and automobile-oriented uses, higher-density residential, office, research and light industrial should be encouraged on suburban commercial corridors, especially those that serve as major transit corridors (see Chapter 6. Transportation."). Thus, the proposal to re-zone the Subject Property to a Commercial District is consistent with the economic development and land uses contemplated by Comprehensive Plan. As a final matter, Applicant observes that one of the many goals of the Comprehensive Plan is to enhance green space and soften the visual impact of large paved areas. Although Applicant's parking lot is already behind the building, to the extent Applicant can further the City's goal with the City's preferred design modifications, the Applicant will do so. P age 111 -1- PETITION FOR RE-ZONING CITY OF LANSING PLANNING OFFICE \ I l ' ·~, ., _-...,. \ '\ i. 1 ;-\ (, <1. t \ I 1,. .. 'r'\ \L--,.~ -~·'(/'·) 1· Reset form I Print Form C l I \C~ Vlrg Bernero Mayor .. FILE NUMBER:. _________ _ ·-·I . 11 l . The undersigned do hereby petition for approval to rezone the following described property: 4215 N. Grand River, Ave., Lansing, Michigan 48906, Parcel 33-01-01-06-252-231 (Subject Property) Street address. Including zip codt, of property to be rezoned From D Legal /Lot 99 Northwestern Sub N.o. 3 description: _ Applicant: First Class, Inc. district to F or F-1 Address {including zip code): c/o Joslin Monahan 3001 Orchard Vista Dr. SE, Grand Rapids 49546 1one number(s): 406-529-8424 Fax number: 616-454-8618 Emafl: joslln.monahan@gmail.com Name of owner: Oliver Building, LLC Address (includlng zlpcodeJ: PO Box 80701 Lansing, Michigan 48908 Phone number: 517-242-6312 Interest in Property (please check one): C Option to buy 1K1 Lessee r; Other (please specify): n Owner O Represent owner district. IF MORE SPACE IS NEEDED FOR THE ITEMS LISTED BELOW, PLEASE ATTACH EXTRA SHEETS Do you have a specific plan for using this property? !>SJ Yes n No 1f so, describe and I or !Please see Addendum explain the specific land use proposed for this property: -2-J I ] Please answer the following: J ' Check here If residential Number of bedrooms: Bedrooms Efficiency One bedroom Two bedrooms Three bedrooms TOTAL UNITS #of accessible onslte parking spaces: JX· Check here if non-residential Number of employees (largest shift): 8-9 Number of accessible onsite parking spaces: 11 #of Unit~ Tota l Bedrooms Hours and days I week of operation: Mon. -Sat. 11 am to 9pm; Sun. 12pm to 7pm ___ .plaln what changes or changing conditions make the passage of this rezoning necessary: 'See Addendum Comment on other circumstances which justify the amendment: ree Addendum A site plan Is always helpful In analyzing the petition to re;z:one land. A site plan, If appropriate at this time, should be attached to each copy of not less than 1" = 100', identifying the land which would be affected by the rezoning, the e>dstlng zoning classification of all abutting land within 300 feet, all public and private rights-of-way and easements. also, show the proposed development on the land with setbacks, access points, locations of accessory structures, trash receptacles, and parking spaces. A Landscape Screening and Buffering plan must be submitted in accordance with Chapter 1290. -3 - If exhibits are to be furnished late, please indicate date of submittal: 12-15-2017 1/blrs are nor submitted in a timely manner, the petition may be cabled or che process delayed. FEES: Less than one (1) acre; One (1) to three (3) acres: Greater than three (3) acres: $500.00 $650.00 $800.00 Please have the petition revlewd by and filed with the Planning Office. The Planning Office will transmit It to the City Clerk for official submission. For assistance, please contact PLANNING OFFICE 316 N. CAPITOL AVE., SUITE D-1 LANSING, Ml 48933-1236 (517) 483-4066 FAX: (517) 483~6036 -4- ------------------ * FIRST CLASS, INC. . 29510REENBROOKELN lfAV£. t-WEST BWOMFIELD. MI 48324-4788 DATE J 2 -15 ~ 17 06-16 1041 9.S0/7ZO Ml I 143g "''CF.~" . ~iJr~oF (_ ,+b or.: L!IJJ.~1., I $ .5:JO .22- _£+--=-'1-¥-v_;;e.:;;.._.:....h~t.,,_,_)Yl._,_. -"'-a\c-1<----'-~ ..... d..__ .. --'-Ci..__.' n.......--.d--..·ft4-1. """"0_,____~ ________ o o LL AR s G'.l Bank of America ... ACH R{T 072000605 11•00 ~ot. ~n· 1:0? 2oooao s•: :l 7 so* s 2? sao *"' -5- Jackson, Brian From: Sent: To: Cc: Subject: Stachowiak, Susan Thursday, February 01, 2018 4:23 PM Jackson, Brian Biehler, Deb RE: which applications are not in the right zone, 4215 N. Grand River and 1106 N. Larch. Susan Stachowiak Zoning Administrator Department of Economic Development & Planning -Planning Office 316 N. Capitol Ave., Suite 0 -1 I Lansing, Ml 48933 0: 517-483-4085 E: Susan.Stachowiak@lansingmi.gov Website I Facebook I Twitter I lnstagram -----Original Message----- From: Jackson, Brian Sent: Thursday, February 01, 2018 2:08 PM To: Stachowiak, Susan Cc: Biehler, Deb Subject: which applications are not in the right zone, Susan, which applications are currently in the wrong zone? We are going to deny them, but I want to make sure we send the letter to the correct applicants. Brian P. Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: (517) 377-0068 Email: brian.jackson@lansingmi.gov Web: www.lansingmi.gov/clerk CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected f rom disclosure. Th is email is intended for use only by the person or entity to whom It is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken In reliance on the contents of this email, is strictly prohibited. If you received this ema il in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. ---Original Message----- From: Stachowiak, Susan Sent: Wednesday, January 24, 2018 8:54 AM To: Jackson, Brian Subject: RE:- Susan Stachowiak Zoning Administrator Department of Economic Development & Planning -Planning Office 316 N. Capitol Ave., Suite D-1 I Lansing, Ml 48933 O: 517-483-4085 E: Susan.Stachowiak@lansingmi.gov Website I Facebook I Twitter I lnstagram ----Original Message----- From: Jackson, Brian Sent: Wednesday, January 24, 2018 8:00 AM To: Stachowiak; Susan Subject!- Brian P. Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: (517) 377-0068 Email: brian.jackson@lansingmi.gov Web: www.lanslngmi.gov/clerk CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email; is strictly prohibited. If you received this email In error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Stachowiak, Susan Sent: Monday, January 221 2018 3:12 PM To: Jackson, Brian Cc: McGrain, Brian; Sumner, Heather; Swope1 Chris; Biehler, Deb; O'Boyle, Amanda Subject: RE: -7- I have reviewed the entire list of applications that are on the Clerk's website for zoning approval and to determine If the those requesting a dispensary license comply with the buffering requirements. All of the license applications satisfy the zoning and buffering requirements with the exception of the following: First Class, Inc. at 4215 N. Grand River is cu rrently not zoned for a dispensary but there Is a rezoning request pending that would allow for it -The rezoning has passed the Planning Board and will go to the City Council at its next meeting for scheduling of a public hearing - a decision will likely be make around the middle to end of March Susan Stachowiak Zoning Administrator Department of Economic Development & Planning -Planning Office 316 N. Capitol Ave., Suite D-1 I Lans ing, Ml 48933 0 : 517-483-4085 E: Susan.Stachowlak@lansingmi.gov Website I Facebook I Twitter I lnstagram -----Original Message----- From: Jackson, Brian Sent: Monday, January 22, 2018 2:03 PM To: Stachowiak, Susan Cc: McGrain, Brian; Sumner, Heather; Swope, Chris; Biehfer, Deb Subject: • -8- Brian P. Jackson, CMMC Chief Deputy City Clerk City of Lansing 517-483-4135 Fax: {517) 377-0068 Email: brian.jackson@lansingmi.gov Web: www.lansingmi.gov/clerk CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email Is Intended for use only by the person or entity to whom it is addressed. If you are not the Intended recipient, any use, disclosure, copying, distribution, printing, or any action taken In reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Clerk-PRINTER@lansingmi.gov [mallto:Clerk-PRINTER@lansingmi.gov) Sent: Monday, January 22, 2018 1:04 PM To: Jackson, Brian Subject: TASKalfa 4052ci [00:17:c8:4d:75:2f] -9- I ........ C> I stam~ Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 511 a 9956 0520 3316 oa Priority Mail 2-DAY wlth USPS TRACKING #• .Elecironic Service Fee: $0.000 TOO!r Postage and Fees: $6_55 WeJght: 1 oz Print Date: 02/02!2016 Mailing Date: 02I02/2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 First Class Inc 2951 Greenback Lane West Bloomfield Ml 48324 USPS Postmal1c Here 'R<1g.Jer Pr>onty ~!ail 2-DA'I' SoMCO ,_,age ral<IS apply; Tlwre is no lao lor Oellvery ConfimtlJion"' set'lice on Pricrily Mm seMc:es wllh use ol lhls ele'1roric stlpping lebet Postmark raq.jred if lee reiund req,esled. oe;v.y inf'ormlllioo is not lltlliabfe 111 l)llcne rcr lhe l!lleclrO!ic option.. rnstructions: 1. Adhere shipping label lo pactage with tape or glue -DO NOT TAPE OVE.R BARCODE.. Be sure aR edges are secured Self-adhesive .label is recanmended_ 2. Place the label soil does nc:twrap aroun:dthe edge ofltie paclcage. 3. This package may be deposited In any cdtedioo box. IU!nded to ycur mail. carrier, or presented to a denc al yoor local Post Office_ 4-Each confinnation number is unique and can be used only aice - DO NOT PHOTOCOPY. s_ You must mair U1is package on the "mail date• that is specified on this label_ February 2, 2018 First Class, Inc. 2951 Green Back Lane West Bloomfield, Ml 48324 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N Grand River Avenue has been denied. The application has been denied based on the recommendation of the Zoning Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application. Any necessary rezoning must be completed prior to submitting an application for a medical marihuana license. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement setting forth fully the grounds for the appeal with the City Clerk's Office. Chapter 1300 provides that should the applicant not receive a license, one-half of the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smlertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator Lansing City Clerk's Office Ninth Floor, Clty Hall, 124 W. Mi< 11 , Ave., Lansing, Ml 48933-1695 517~483-4131 f _ .. -·377-0068 FAX www.lansim:1ml.qov/clerk $ clerk@lansingmi.gov •• •• Wrigley, Hoffman & Hendricks, P.c. ATTORNEYS AT LAW VIA HAND DELIVERY Lansing City Clerk's Office Ninth Floor City Hall 124 West Michigan A venue Lansing, MI 48933-1695 February 14, 2018 Robert A. Hendricks rhend ricks@wrig leyhoffma n .com office: 616.454.6611 ext 102 .. ~ .. ~ ...... t,~ C.>7 ;:;-~~2 ,:;: ;;D r.~-:i r:::',;I n··-,.... - . I Re: . ) ('""-., Your letter of February 2, 2018 regarding First Class, Inc.'s ProvisioninffiCedter ii; Application at 4215 N. Grand River Avenue -"'; ~ ~ ('") ..:,.,"; f11 h ~·;> Cj :::t;J r-<\l -::•-: 0) Dear Mr. Swope: Please be advised that our firm has been retained to represent Eric Kinaia and First Class, Inc. in connection with their appeal of your denial of their application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. Please also be advised that my client will file an appeal under Section 1300.15 on or before Friday, February 16, 2018. Very truly yours, WRIGLEY, HOFFMAN & HENDIUCKS, P. C. \ Robert A. Hendricks RAH/lvl Cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator 3001 Orchard Vista Drive SC ~~~te 220 ·Grand Rapids, Ml 49546 Telephone: 616.454.6611 • Fax: 616.454.8618 •• •• Wrigley, .Hoffman & Hendricks, P.c. ATTORNEYS AT LAW February 16, 2018 SENT VIA EMAIL (city.clel'lc@J.n11si11g111i.go11) Mr. Chris Swope Lansing City Clerk Ninth Floor, City Hall 124 W. Michigan Ave. Lansing MI 48933-1695 Robert A. Hendricks rhendricks@wrigleyhoffman.com office: 616.454.6611ext.102 Re: Medical Marihuana Provisioning Center Lansing license application for 4215 N. Grand River Avenue Dear Mr. Swope: We represent First Class, Inc. (operating in Lansing as First Class Releaf, "FCR") in connection with its applications for City of Lansing licensure to opernte two medical marihuana Provisioning Centers in the City of Lansing. Our client is in receipt of your Februaty 2, 2018 letter denying FCR's application for a license to operate a Medical Marihuana Pl'OVisioning Center at 4215 N. Grand River Avenue. The stated basis for your denial of our client's application is that the location is not properly zoned. The denial letter further asse1ts that any necessa1y rezoning must have been completed prior to the submission of the license application. We appeal this determination for the following reasons: There is nothing in Lansing Ordinance No. 1217 (Lansing Code of Ordinances 1300.1-.19), or to our knowledge in any other ordinance of the City of Lansing, that addresses the timing of rezoning to accommodate an anticipated future use. Nor is there any requirement in any Lansing ordinance of which we a.re aware which establishes a requirement that an applicant for a medical marijuana Provisioning Center is required to apply for rezoning before making such an application. Ceitainly, nothing in 01·dinance No. 1217 prohibits a marijuana business from seeking rezoning. The City of Lansing cannot simply create requirements for use of property without providing due process notification of those requirements to interested participants. The reason for the denial flatly contradicts the explicit instructions our client received from the City of Lansing in early 2017 in connection with a rezoning application our client sta1ted and then withdrew. Specifically, on approximately January 4, 2017 First Class, Inc. filed an application to rezone 4215 N. Grand River Avenue from D-1 to F or F-1. (We assume a copy of that filed application is contained in yourtecords.) In mid-March 2017 there were phone conversations between my client's business attorney, Joslin Monahan, and Lansing Zoning Administrator Susan Stachowiak about this rezoning application which culminated in an email on March 22, 2017 from Ms. Stachowiak to Ms. Monahan which stated: The (City] Council (Committee on Development & Planning) is going to ask that the 3001 Orchard Vista Drive SE, Su _ 13_ !0 ·Grand Rapids, Ml 49546 Telephone: 616.454.6L, , . Fax: 616.454.8618 www.wrlalevhoffman.com applicant agree to a conditional zoning that would prohibit a medical marijuana dispensary on tile property so you or whomever is going to attend the meeting should be prepared to respond to that. After receiving this email, attorney Monahan spoke by phone to Ms. Stachowiak and indicated that First Class, Inc. had no objection to Ms. Stachowiak's statement. They discussed Ms. Stachowiak's understanding that the City Council was going to wait until after the City of Lansing adopted its opt-in ordinance before undertaking rezoning considerations. Even a cursory comparison of the stated reason for the denial (" ... any necessary rezoning must have been completed prior to the submission of the license application.") with the email of your Zoning Administrator demonstrates the contradiction the denial represents. Essentially, the condition in your denial would have required our client to have taken an action in the past that would necessarily have resulted in our client being ineligible for a marijuana license under the ordinance. Lansing's current position -articulated in its Feb. 2, 2018 denial lette1· -contradicts its prior position, or it creates a requit'ement to have applied for rezoning which would have prech1ded the issuance of a license. Either way, our client's reasonable reliance on infonnation from the Lansing Zoning Administrator estops the City of Lansing from now demanding rezoning prior to the submission of the License application. We will have substantial evidence to support our appeal of the decision to deny our client's license application in the form of written materials, witness testimony from officials of the City of Lansing and others, and other materials. We expect that the Hearing Officer appointed under 1300.lS(C) will make arrangements for an appropriate process for us to submit a more detailed presentation of the basis for our appeal and to present this evidence. FCR desires to continue to serve its medical marijuana patient-clients while abiding by state and local law and guidance. It intends to continue to provide access to those patient-clients pending its appeal, unless the City of Lansing requires otherwise based on existing law or ordinances, and provides appropriate notice thereof to us. Thank you for your attention to this matter. Please feel free to contact us with any questions or concems. Very truly yours, WRIGLEY, HOFFMAN & HENDRICKS, P.C. RAH/Iv! Cc: Joslin Monahan (via email) Eric Kinaia (via email) \ . Robert A. Hendncks -14 - I ........... (Jl I stamP.s. endrcta Shipping Label Receipt Delivery Confirmation™ Service Number= 9405 5118 9956 0513 5099 84 Priority Mail 2-DAY with USPS TRACKING#• Erectronic Service Fee: $0.000 Tolal Postage and Fees: $6.55 Weight 1 oz Prinl Date: 03116/2018 Mal!ing Date:03/16f2016 From: Chris SWope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 First Class Inc 2951 Greenbrooke lane We.st Btoomfiefd Ml 48324-4788 USPS Poslmar1c Here 'Regl.Cer Priority Mal 2-0AY Sarvi<:a postage ra!K ei>PIY.. T'*9 is no lee r... o.w.y Con&mollon"' se<'lice on Priority Mail se"'°8s w~h lJ'JlO <>1 lhis e1·~mric stipplng label. Postmat1< req.jrad if re.. raflnl ~ Delivery infarmelion is not lt<'ailoble i.,. pl""18 ror Ille eledJor1c option. Instructions: 1. Adhere shipping label to package with tape or glue -00 NOT TAPE OVER SARCODE. Be sure all edges ere ~C\Jred. Self-adhesive label is recommended. z. Place the label so it doe:; net wrap around the edge or ttie package. 3. This package may be deposited in any collection box, handed to your mall carrier, °' presented to a cleric at your local Post Office. 4.. Each confirmatiCfl number is unique and can be uS>ed only once - DO NOT PHOTOCOPY. 5. You must mall ll'lis pad<age on lhe "mail date• lhat is specified oo this label. March 16, 2018 First Class, Inc. 2951 Greenbrooke Lane West Bloomfield, Ml 48324 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any Information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional Information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing Cih1 r.IP.rk's Office Ninth Floor, City Hall, 124 W. Mic-16-1 Ave., Lansing, Ml 48933-1695 517-483-4131 ~ t>l t-377-0068 FAX ··----· •---~----~ ____ ,_ ...... _ ...... -•--1,.t:\1--... ! .............. : .......... .-· .. · .... _, ... ,, ,-·1. • I. ) "\1r.: ....,. --'I •• •• Wrigley, Hoffman & Hendricks, P.c. ATTORNEYS AT LAW April 6, 20 l 8 Thomas A. Hoffman thoffman@wrlgleyhoffman.com office: 616.454.6611 ext. 103 SENT VIA EMAIL ONLY (Nic/10las.tate@la11si11gmi.gm1; cfer/1@)<111si11gmi.g0l~ Lansing City Clerk City Hall, Ninth Floor l 24 West Michigan A venue Lansing, MI 45933-1695 Re: First Class, foe. 4215 N. Grand River Avenue Dear Hearing Officer, As you know, my firm represents First Class, Inc. (formerly operating as First Class Releaf, hereafter FCR) in connection with its appeal of the City of Lansing's (Lansing) Febrnary 2, 2018 denial of its application for a provisioniitg center license at 4215 N. Gt·and River Avenue (the 4215 Application). This letter serves five chief purposes: fil'st, it objects to the appeal process outlined in Chris Swope's Mru·ch 16, 2018 email; second, the letter requests a process "'hich comports to Lansing's own Ordinance No. 1217 (2017) and with Mallchok v Liquor Control Comm, 71 Mich App 341; 249 NW2d 415 (1976); thil'd, FCR requests additional time to obtain documents subject to its FOTA request to the City of Lansing; fourth, subject to and without waiving its objections, FCR responds to the incorrect, unlawful denial of the 4215 Application; fifth, FCR reserves the right to supplement this correspondence with additional materials supporting its appeal. Following a detailed explanation of the factual and prncedural background of this appeal, I discuss each of these five items in detail. FACTUAL AND PRQCEDURAL BACKGROUND Since well before Lansing's 2016 moratorium on new medical marijuana dispensaries, First Class Releaf has served Lansing and Michigan medical marijuana patients at 4215 N. Grand River Ave (Pi·operty). During 2016 and early 20 l 7, it appeared that Lansing's forthcoming opt-in ordinance1 would designate commercial districts as the location for provisioning centers. As a result, FCR submitted a petition to rezone from D-1 to F or F-1 on or about December 30, 2016. Thereafter, Ms. Susan Stachowiak advised that the Lansing Planning Board would unanimously apprnve the reioning application, but that City Council would require ce1tain conditions; in an email dated March 22, 2017, Ms. Stachowiak explained: It needs to go to the City Council Committee on Development & Planning to schedule a public hearing. That meeting will be held on April 3rd at 4:00 p.m. in the Council conference room, located behind the Council chambers on the 10th floor of city hall. The Committee has asked that someone (the owner or his representative) be at that meeting. They also want to know what the intended use is for the building. I bave 1 [t is assumed that the readei· is familiar with regional medical marijuana terminology. 3001 Orchard Vista Drive SE, c: .. ;t~ 220 ·Grand Rapids, Ml 49546 Telephone: 616.45 °-17-1·Fax:616.454.8618 www.wrigleyhoffman.com been asked that question specifically by the Council and I have simply told them 11retail". The Council is going to ask that the applicant agree to a conditional zoning that would prohibit a medical marijuana dispensary on the property so you or whomever is going to attend the meeting should be prepared to respond to that. Exhibit A; Affidavit of Joslin Monahan; enclosed herewith. As a result of the March 22, 2017, email, counsel for FCR called Ms. Stachowiak, and Ms. Stachowiak explained that Lansing City Council would not approve any rezoning related to medical marijuana until after the opt-in ordinance was adopted and in effect. Ms. Stachowiak stated that FCR could withdraw its application and resubmit the same, after the opt-in ordinance was in effect. Based on that representation, FCR withdrew its December 30, 2016 rezoning petition. Lansing's opt-in ordinance was approved by Lansing City Council on or about September 7, 2017 and took effect 30 days later, according to its terms. FCR re-submitted its rezoning petition to the Lansing Planning Office on December 15, 2017, prior to submitting its application for a provisioning center license at 4215 N. Grand River Ave. to the Lansing City Clerk on the same day. In January 2018, FCR received unanimous Planning Board approval to rezone the Property from D-1 to F or F-1. Exhibit B. On February 2, 2018, FCR received an email from Lansing City Clerk stating that its application had been denied and explaining: The application has been denied based on the recommendation of the Zoning Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application. Any necessary rezoning must be completed prior to submitting an application for a medical marijuana license. Exhibit C. In essence, Lansing bas denied FCR 's application for doing exactly what Lansing told FCR it had to do. Lansing put FCR in a classic catch-22; if FCR pushed forward with rezoning before the opt-in ordinance, the rezoning petition would be denied because the no medical marijuana related rezoning was to occur prior to the opt-in ordinance enactment. On tho other hand, if FCR waited until after enactment (as it did}, rezoning would not be completed in time for the December 15 application deadline. On Februaty 15, 2018, First Class, Inc. submitted its EIPP and SAPP applications to LARA. Exhibit D. On or about February 16, 2018, FCR filed its Notice of Appeal of the February 2, 2018 denial. Then on March 15, 2018, Mr. Nicholas Tate contacted FCR's appellate counsel requesting any additional materials related to FCR's appeal. Exhibit E. The next day, Mr. Chris Swope sent an email directly to FCR, rather than its appellate counsel, which purported to outline the appeals process; The process outlined in Mr. Swope's letter does not follow the appeals process mandated by §1300.15. Mr. Swope's lette1· stated: Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. 3001 Orchard Vista Drive SE_ is-e 220 ·Grand Rapids, Ml 49546 Telephone: 616.4~ .. __ 11 • Fax: 616.454.8618 www.wrigleyhoffman.com To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure than you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's office within seven (7) days from the date of this notice. If you have begun business operation pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requireinents of temporary operation are satisfied. Exhibit F. On Monday March 19, 2018, unidentified Michigan State Police and LARA representatives presented a cease and desist letter to FCR at 4215 N. Grand River. The stated reason for the cease and desist letter was that First Class, Inc. had failed to submit a LARA application. The stated reason was erroneous. Exhibit G. FCR ceased to operate at noon on March 19, 2018 and has not reopened. I. DISCUSSION 1. The procedure unilaterally announced in Mr. Swope's March 15 letter vjolates §1300.15, which entitles FCR to an in person hearing and evaluation. Section 1300.15, Lansing Code of Ordinances, goveins appeals of application denials and states in part: (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 RENEW AL 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 H£4R 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 WIUTIEN STATEMENT SETTING FORTH FULLY THE GROUNDS FOR THE APPEAL. THE CLERK SHALL REVIEW THE REPORT AND RECOrvfMENDATION OF THE HEARING OFFICER AND MAKE A DECISION ON THE MATIER. THE CLERK'S DECISION MAY BE FURTHER APPEALED TO THE COMM£SSION 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 CO:MlVIISSION 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 3001 Orchard Vista Drive SE_ 19_ e 220 ·Grand Rapids, Ml 49546 Telephone: 616.45"'•"", 1 • Fax: 616.454.8618 www.wrialevhoffman.com PROCEEDINGS UNDER THIS SECTION 1300.lS. §1300.IS(C), Lansing Code of Ordinances (emphasis added). FCR is entitled to have its application both "heard" and "evaluated" by the Hearing Officer; mere submission of documents in the manner proscribed by Mr. Swope's letter violates the ordinance. The rules of statutory construction apply to ordinances. AFSCME Local 25 v Wayne Co, 297 Mich App 489, 497; 824 NW2d 271 (2012) (citing Wayne Co v Wayne Co Retirement Comm, 267 Mich App 230, 244; 704 NW2d 117 (2005)). "When interpreting statuto1y language, the primary goal is to discern and give effect to the legislative intent that may reasonably be inferred from the language of the statute." Wayne Co, 267 Mich App 230 at 243 . When language is unambiguous, courts must apply the provision as written. Id. We accord words used in a provision their common and ordinary meanings and "must 'give effect to evety word, phrase, and clause in a statute and avoid an interpretation that would render any pa11 of the statute surplusage or nugatory.'" Id. at 244, quoting State Farm Fire & Cas Co v Old Republic Ins Co, 466 Mich 142, 146; 644 NW2d 715 (2002). Section 1300.15 specifically mandates that the City Clerk "shall appoint a hearing officer to hear and evaluate" the appeal and make a recommendation. By contrast to the "hear and evaluate" mandate, Mr. Swope's letter strikes the hearing component and states that the evaluation will be based on written submissions only. Re-labeling tq.e heating a "paper hearing" does not give effect to the substantive requirements that there be both a hearing and an evaluation. If the word hearing is means anything at all, it means an opp01tunity to present witnesses, to cross examine Lansing officials, and to lay the foundation for documentary evidence. The meager process of submitting this letter and its exhibits is not a hearing in any sense of the word. FCR is entitled to the process outlined in 1300.15 and respectfully demands a hearing. A hearing is particularly critical where, as here, a basis of the appeal is representations of Lansing officials. Further, in the interest of fairness FCR also requests additional time to submit, as part of its appeal materials, documents subject to an April 2, 2018 FOIA request. Exhibit H. 2. Michigan decisional law entitles FCR to a hearing and eyalyation. The section 1300.15 procedure is consistent with analogous Michigan law, which requires a hearing. In Bundo v Walled Lake the Michigan Supreme Cow't held that the holder of a liquor license has a property interest in such a license and therefore is entitled to due process protection. Bundo v Walled Lake. 395 Mich 679, 686; 238 NW2d 154 (1976). The procedural safeguards that the Coutt deemed necessary regarding a decision by the local body to recommend nonrenewal of a license consist of "rudimentary due process". This has been held to require notice of the proposed action and the reasons given for such, a hearing in which the licensee may present evidence and testimony and confront adverse witnesses, and a written statement of findings. Sponick v Deh·oit Police Dep't, 49 Mich App 162, 189; 211 NW2d 674 (1973). Thus, the Court extended the "notice and hearing" protection, afforded under the Michigan Liquor Control Act only to licensees faced with a revocation of a liquor license, to those faced with a recommendation of nonrenewal of the license. By analogy to Bundo, a party faced with non-renewal of a medical marijuana license must be afforded rudimentary due process, which requires an evidentiary hearing. This is consistent with the section 1300.15 "hearing and evaluation" procedure for parties aggrieved by nonrenewal. Notable here, the Lansing City Council chose to afford the exact same process to a party aggrieved by denial of a license and to a party aggrieved by non-renewal. Thus, by reason of the plan language of 1300.15, parties aggrieved by denial of an application must also be afforded rudimentary due process, including an 3001 Orchard Vista Drive SE. 20 _ e 220 • Grand Rapids, Ml 49546 Telephone; 616.45-..vv, 1 • Fax: 616.454.8618 www wrlnlPvhnffm;\n.rnm evidentiary hearing, at which FCR can call and examine Lansing officials, FCR attorney Joslin Monahan, and Property owner Dick Peffly. FCR objects to the truncated process it has been offered and demands and evidentia1y hearing. As noted, an evidentiary hearing is essential to FCR's estoppel argument (detailed below). 3. Lansing's denial of the 4215 .A12plication is improper and the Hearing Officer should recommend reyersal of swh denial. a. The denial violates Ordinance No. 1217 (2017), 1300.l et seq., Lansing Code of Ordinances. The denial letter contends that any rezoning had to be completed prior to submitting an application. This contention finds no textual suppott in Ordinance 1217 or elsewhere in Patt 12 of the Lansing Municipal Code. At no time could FCR have had any way whatsoever of knowing that Lansing would require rezoning prior to submitting a medical marijuana application. The denial letter unsuccessfully attempts to justify its position on the interpretation that "Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not pe1mit the application for rezoning to be submitted with a license application,, but this argument must be rejected. First, the interpretation iuse1ts into the ordinance what is not there; the ordinance simply does not state that it ''does not permit the application for rezoning to be submitted with a license application". Michigan law is well established that uncodified licensure requirements are unenforceable. E.g., Mallc/10k v Liquor Conh·o/ Comm; 72 Mich App 341; 249 NW2d 415 (1976) (holding that that the commission's denial of an application for a distributor's license was invalid because the denial was based on a commission policy which had not been promulgated or published as a rule or regulation). Second, this interpretation ignores that there is a process for rezoning that is already codified elsewhere in the municipal code. Qn the other hand, there is no process for seeking relief from the Chapter 1300 distance requirements. Therefore, it makes sense that Chapter 1300 expressly provided for a method for relief from the distance requirements. The conclusion to be drawn from the Chapter 1300's silence on rezoning is that such a provision was unnecessary to include because it was already provided for . Likewise, if any inference is to be made from the Chapter 1300 variance provision, the inference is that if an applicant can request a variance from a requirement that would otherwise disqualify an applicant, so too may an applicant seek rezoning from a classification that would otherwise disqualify an applicant. Lansing's stated reason for denial is wholly without legal merit. FCR should be allowed to complete the rezoning process before its application is denied. b. Lansing is es topped from requiring pre~applicatlon reionlng of the Property. The Zoning Administrator's representations in early 2017 preclude Lansing from now claiming that FCR should have sought rezoning sooner. Generally, estoppel may arise pursuant to the positive acts of municipal officials which induced plaintiff to act in a certain manner, and where plaintiff relied upon the official's actions by incurring a change of position or making expenditures in reliance upon the officials' actions. Parker v West Bloomfield, 60 Mich App 583, 591; 231 NW2d 424 (1975). Hete, FCR withdrew its rezoning application on the direct advice of the Zoning Administrator. Had the Zoning Administrator not said that City Council would not consider marijuana business rezoning until after the 3001 Orchard Vista Drive SE _21 _ e 220 ·Grand Rapids, Ml 49546 Telephone: 616.45 ... .,.,. 1 •Fax: 616.454.8618 www.wrlqleyhoffrnan.com effective date of the opt-in ordinance, FCR would not have withdrawn its petition. Furthe1', considering the time required to move thrnugh the rezoning process (FCR's December 15, 2018 petition has not yet been noticed for a P&D committee hearing), there was no certainty that any marijuana business could have gone through the rezoning process in the days between mid-September and mid~December. Not only is Lansing's denial letter without legal merit, it also violates basic concepts of notice and fairness. At all times, FCR attempted to do precisely what was required of it under the letter of the law and at the direction of Lansing officials. FCR's appeal must be granted. 4. Reservation and no waiver. By submitting the foregoing, FCR in_ no way waives any right to object to the noncomplinnt, unlawful appeals procedure outlined in Lansing's March 15, 2018 letter. FCR also reserves all rights to supplement this letter with information with documents obtained pursuant to its FOIA request. Such supplementation shall not be constrned as a waiver of its objection to this noncompliant, unlawful appeals procedure. FCR reserves all rights to pursue any and all other remedies at law or in equity related to the events described above. TAH/lvl Enclosures Very truly yours, WRIGLEY, HOFFMAN & HENDRICKS, P.C. ~VI/flt~ Thomas A Hoffman 3001 Orchard Vista Drive s_22 _~te 220 ·Grand Rapids, Ml 49546 Telephone: 616.4 ~ .. ~J l 1 ·Fax: 616.454.8618 www.wrialevhoffman.com RE: VIITHDRA WAL OF REZONING APPLICATION RE: WITHDRAWAL OF REZONING APPLICATION From; Stachowiak, Susan Sent: Mon, Mar 27, 2017 at 4:37 pm To: Joslin Monahan It has always been zoned "F" commercial. Thanks Sue Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave ., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 Planning Office Customer Service Counter Hours Monday through Friday 8:00 AM to 5:00PM Web eage www ,lansingmi.gov No bother at all . Page 1of10 EXHIBIT R CONFIDENTIALITY NOTICE : This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRI£TP.RY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not t he intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on t he contents of this email, is s trictl y prohi bited. I f you received this email in error, pl ease contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan [mai lto:JMonahan@hakimlaw .com] Sent: Monday , March 27, 2017 3:41 PM To : Stachowiak, Susan Subject: R.I::: WITHDAA~AL OF REZONING APPLICATION Mi Sue, A follow up: when was 3301 Capitol City zoned F? was it rezoned or always F? (Sorry to keep pestering you -and t hanks for al ways 9ettlng back to me ... ) From: Stachowiak, Susan [Susan.Stachowiak@l ansinqmi.qov) Sent: Monday, March 27, 2017 8:33 AM To: Joslin Monahan Subject: RE: WITHDRAWAL OF REZONI NG APPLICATION This email is sufficient. Thanks Sue -23 - ~++""'"""""' ~nn1, .......... ,.. .. ,.. ..... ~1,, ....... ;.., ..... 1"' ... h ...... a:111 'l n n_Rf'/nnrum nhn?wsiti=fc1af5ehe296a5e... 4/n/?.01 R RE: WITHDRAWAL OF REZONING APPLICATION Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 49933-1238 (517)483-4085 Planning Office Customer Service counter Hours Mond~y through Friday 9:00 AM to S:OOPM Web Page www.lansinqmi.gov Page 2of10 CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRI£TARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, del ete the email from your computer system and shred any paper copies of the email you printed . -----Original Message----- From: Joslin Monahan [mailto:.lMonahan@hakimlaw.com) Sent: Monday, March 27 1 2017 8:17 AM To: Stachowiak, Susan Subject: WITHDRAWAL OF REZONING APPLICATION Importance: High Good morning, Thanks for confirming that. I appreciate it. Also, my client has decided NOT to see rezoning. Do I need to take any formal steps to withdraw the application or is this email sufficient? Thank:i! Joslin Monahan From: Stachowiak, Susan [Susan.Stachowiak@lansin<]mi .9ov] Sent: Friday, March 24 1 2017 5:01 PM To: Joslin Monahan Subject: RE: rezoning documents 3301 Capitol City Blvd. is :toned "F" Commercial. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite o-1 Lansing, Mr 48933-1239 (517)483-4085 E>lanninq Office Customer Service counter Hours httnQ·//smm: rRC'lrQnRC'P l'nm/,, ... ,.QinnQ/urP.hmRil/11 () 0-RC:/nnnn n nhn?wsicl=fc3af5ehe296a5e ... 4/M?.01 R RE: WITHDRAWAL OF REZONING APPLICATION Monday through Friday 8:00 AM to S:OOPM Web Paqe www.lansingrni.gov Page 3 of 10 CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. !f you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) Sent: Friday, March 24, 2017 4:06 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK great. Also, Would you be able to confirm the zoning of 3301 Capitol City 48906 . I thought it was D-1 but it's showing up as F-1 and I wonder if it's a mistake. From: Stachowiak, Susan (Susan.Stachowiak@lansingmi .gov] Sent: Friday, March 24, 2017 3:59 PM To: Joslin Monahan; Dick Peffley; Dick Peffley (Dick .l?e!fley@lbwl.com) Subject: RE: rezoning documents The next Committee meeting will be held on April 17th so we can delay it until that time. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 49933-1239 (517)493-4095 l?lanning Off ice Customer Service Counter Hours Monday through Friday 9:00 AM to S:OOPM Web Page www.lansingmi.gov CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL , LEGALLY l?RIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed, If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited . If you received this email in error, please contact the sending party hy replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.com] -25- 1..._,,.11 .................. ., ...... .,,,.. .. ,.,......,1., .... cinno/,.,,,.hmQH/l l 0 O~Rr./nnmm.nhn?wsid-"fc3af5ebe296a5e... 4/6/2018 RE: WITHDRAWAL OF REZONING APPLICATION Sent: Friday, March 24, 2017 3:00 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK great -so do we just get pushed to the next month's meeting? From: Stachowiak, Susan [Susan.Stachowiak0lansingmi.govl Sent: Friday, March 24, 2017 1:32 PM To: Joslin Monahan Subject: RE: rezoning documents That shouldn't be a problem. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite 0-1 Lansing, MI 48933-1238 (517)483-4085 Planning Off ice Customer service counter Hours Monday through Friday 8:00 AM to 5:00PM Web Page www.lansingmi.gov Page 4of10 CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or enti ty to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email i n error, please contact the sending party by r eplying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Measage----- From: Joslin Monahan [mailto:JMonahan@hakirnlaw.com) Sent: Wednesday, March 22, 2017 3:40 PM To: Stachowiak, Susan Subject: RE: rezoning documents OK, Thanks, Sue. Question: If my .client wants me there, and I suspect he roiqht, is there any chance we can reschedule the hearing? I ask because that is spri ng break and my family and l will be in balmy Montana visitinq in-laws. From: Stachowiak, Susan (Susan.stachowiak0lansingmi.gov] Sent: Wednesday, March 22, 2017 3:05 PM To: Joslin Monahan; Dick Peffley Subject: RE: rezoning documents It needs to go to the City council Committee on Development & Planning to schedule a public hearing. That meeting will be held on April 3rd at 4:00 p.rn. in the Council -26- httnc•//onnC! .. a,,lrono"'> <'nmluAt'Otnno/m,.hma;111 ~ () n.'Rr/nnnnn nhn?w~ic1=fr.1~f:'iehe296a5e ... 4/ll/?01 R RE: WITHDRAWAL OF REZONING APPLICATION Page 5of10 conference room, located behind the Council chambers on the 10th floor of city hall. The Committee has asked that someone (the owner or his representative} be at that meeting. They also want to know what the intended use is for the building. I have been asked that question specifically by t he Council and I have simply told them ''retail 11 • The Council is going to ask that the applicant agree to a conditional ioning that would prohibit a medical marijuana dispensary on the property so you or whomever is going to attend the meeti ng should be prepared to respond to that. Susan Stachowiak zoning Administrator City of Lansing 316 N. Capitol Ave ., Suite D-1 Lansing, MI 49933-1238 (517)483-4085 Planning Office Customer Service Counter ~ours Monday through Friday 8:00 AM to 5:00PM Web Page www.lansinqrni.gov CONFIDENTIALITY NOTICE : This email contains infox:rnation from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. !f you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Oriqinal Messaqe----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) Sent: Wednesday, March 22, 2017 10:49 AM To: Stachowiak, Susan Subject: FW: rezoning documents Hi sue, I hope you are doing well. This email is a follow up to the VM r left this morning. Please also see below. Just wonderinq about t he status of the rezone app. Thanks! From: Joslin Monahan sent: Thursday, March 16, 2017 12:59 PM To: Stachowiak, Susan Subject: RE: rezoning documents Hi sue, As I understand it, the next action on this rezone application is a Planning Bd subcommittee meeting? Is that correct; if not, what happens next? Thanks very much, Joslin From: Stachowiak, Susan (Susan.Stachowiak@lansi ngmi.gov) Sent: Wednesday, January 04, 2017 2:52 PM -27 -... II --·1------- RE: WITHDRAWAL OF REZONING APPLICATION Page 6of10 To: Joslin Monahan Subject: RE: rezoning documents The applicant for the first rezoning request was Emerge Holding Company, P.O. Box 4901, East Lansing, MI 48826 Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-l Lansing, MI 48933-1238 (517)483-4085 (517)483-6036 Fax Planning Office Customer Service Counter Hours Monday through Thursday 7:30 ~M to 5:00PM closed friday Web Page http://plandevelopment.cityoflansingmi.com CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is i ntended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan (mailto:JMonahan@hakimlaw.com) Sent: Wednesday, January 041 2017 1:09 PM To: Stachowiak, Susan Subject: RE: rezoning documents That's great. Thank you. I didn't realize he hac:I applied earlier. Was it my client -First Class? Or the LL/owner? From: Stachowiak, Susan (Susan .Staohowiak@lansingmi.gov] Sent: Wednesday, January 04, 2017 1:04 PM To: Joslin Monahan Subject: RE: rezoning documents Actually, I don't need to collect a fee from you for this one because the applicant already paid the fee when he applied for this earlier this year. When he withdrew the request at that time, we did not refund him the fee so we will just call it good. Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave.1 Suite D-1 Lansing, MI 48933-1238 (517)483-4 085 (517)483-6036 fax Planning Office -28- httm:: ://Ann~. rA~k.<:nA~P..cmm/vP.r~inn!'l/wP.hmAi l 111 .0 .O-RC/oonuo.nhn?wsid=fc3af5ebe296a5e... 4/6/2018 RE: WITHDRAWAL OF REZONING APPLICATION Customer Service Counter Hours Monday through Thursday 7:30 AM to 5:00PM Closed Friday Web Page http://plandevelopment.cityoflansingrni .com Page 7of10 CONFIDENTIALI~Y NOTICE: This email contai ns information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIET~Y or otherwise protected from disclosure , This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution1 printing, or any action taken in reliance on the contents of this el!tllil, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.com) Sent: Wednesday, January 04 1 2017 12:00 PM To: Stachowiak, Susan Subject: RE : rezoning documents If it's complete1 has all the required elements1 then it can be the official submittal; however, I need to provide the application fee. What is the fastest/preferred way to accomplish that? From: Stachowiak, Susan [Susan.Stachowiak@lansingrni.gov] Sent; Wednesday1 January 04, 2017 11:52 AM To: Joslin Monahan Subject: RE: rezoning documents Perfect. Is this the official submittal? Susan Stachowiak Zoning Administrator City of Lansing 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 (517)483-6036 Fax Planning Off ice Customer Service Counter aours Monday through Thursday 7:30 AM to 5:00PM Closed Friday Web Paqe http://plandevelopment.cityoflansinqrni.com CONFIDENTIAttTY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRI~TAR¥ or otherwise protected from disclosur@, This email is intended for use only by the person or entity to whom it is addressed. If you are not t he intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. rf you received this email in error, please contact the sending party by replying in an email to the sendar1 delete the email from your computer system and Shred any paper copies of the email you printed. -29- https ://apps.racksoace.com/vel'sions/webmail/ 13. 0. 0-RC/ooouo. oho?wsid=fc3af5ebe296a5e... 4/6/20 l 8 RE: WITHDRAWAL OF REZONING APPLICATION -----Original Messaqe----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.com] Sent: Friday, December 30, 2016 11;53 AM To: Stachowiak, Susan Subject: RE: rezoning documents Great. Thanks, Sue. Please see attached. From: Stachowiak, Susan (Susan.Stachowiak@lansingmi.gov] Sent: Thursday, December 29, 2016 9:21 AM To: Joslin Monahan Subject: RS: rezoning documents I can look it over to see if it is complete when you email it to me. Thanks Sue Susan Stachowiak ~oninq Administrator City of Lansi ng 316 N. Capitol Ave., Suite D-1 Lansing, MI 48933-1238 (517)483-4085 (517)483-6036 Fax Planning Office Customer Service Counter Hours Monday through Thursday 7; 30 AM to 5: OOPM Closed Friday Web Page htt p://plandevelopment.cityoflansin9Jni .com Page 8of10 CONFIDENTIALITY NOTICE: Thi s email contains information from the sender that may be CONFIDENTIAL, LEGAL~Y PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for uae only by the person or entity to whom it is addressed. If you are not the int ended recipient, any use, disclosure, copying, distribution, printing, or any action tak@n in reliance on the contents of this email, is strictly pro~ibited. If you received this email in error, please contact the sending party by replyinq in an email to the sender, delete the email from your computer system and shred any paper copies of the email you print@d. -----Original Message----- From: Joslin Monahan [mailto:JMonahan@hakimlaw.com] Sent: Wednesday, December 28, 2016 2:15 PM To: Stachowiak, Susan Subject: RE: rezoning docwnents Hi Sue, I believe my client's re-zoning application is complete. Would it be a good practice to call and ensure it's a complete app. before r email it to you? Thanks! Joslin Monahan -30- httos://aoos.racksoace.com/ver~inm:/wP.hm~ll /11. 0. 0-R C/nonun. nho?wsid=fc3af5ebe296a5 e... 4/6/?.01 R RE: WITHDRAWAL OF REZONING APPLICATION From: Stachowiak, Susan [Susan.StachowiakGlansingmi.gov) Sent: Wednesday, December 07, 2016 11:18 AM To: Joslin Monahan Subject: rezoninq docllfl\ents Please let me know if you have Any questions. Thanks sue Susan Stachowiak zoning Administrator City of Lansing 316 N. Capitol Ave.1 Suite D-1 Lansing, MI 48933-1238 (517)483-4085 (517)483-6036 Fax Planninq Office Customer service counter Hours Monday through Thursday 7:30 AM to 5:00PM Closed Friday Web Paqe http://plandevelopment.cityoflansingmi.com Page 9of10 CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PR!VtLEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email , is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. This email has been scanned by the City of Lansinq Symantec Email Security.cloud service. for more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud -31 - RE: WITHDRAWAL OF REZONING APPLICATION Page IO of 10 service. For more information please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Securi ty.cloud service. For more i nformation please visit http://www.symanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud :service. For more i nformation please visit http://www.syrnanteccloud.com This email has been scanned by the Ci ty of Lansing Symantec Email security.cloud service. For more information please visit http;//www.syrnanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.syrnanteccloud.com This email has been scanned by the City of Lansing Symantec Email Security.cloud sel:\"ice. For more information please visit http://www.symantecclouo.com -32 - AU./'l/'\f o 1. OPENING SESSION Regular Meeting LANSING PLANNING BOARD January 91 2016 6:30 p.m., Conference Room A Neighborhood Empowerment Center 600 W. Maple Street MINUTES EXHIBIT '\) =t ::> Mr. Ruge called the meeting to order at 6:35 p.m. a . b. c. Present: Absent: Staff: John Ruge, Farhan Bhatti, Marta Cerna, Tony Cox, Josh Hovey, and Katie Johnson Lynne Martinez (excused) Bill Rieske & Susan Stachowiak 2. APPROVAL OF AGENDA -The agenda was approved by unanimous consent. It was moved by Mr. Hovey, seconded by Ms. Cerna, and CARRIED unanimously, to grant an excused absence to Ms. Martinez. 3. COMMUNICATIONS -Letter from Jeff & Sheryl Landgraf regarding Z-8-2017 4. HEARINGS A. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "D-1" Professional Office District to "Fli Commercial District Ms. Stachowiak said that this Is a request by Emerge Holding Company to rezone the property at 4215 N. Grand River Avenue from "D-1" Professional Office District to "F" Commercial District. She said that the purpose of the rezoning is to permit commercial use of the subject property. Ms. Stachowiak stated that the subject property is currently being used for a medical marijuana dispensary but since the property Is zoned 110-1" Professional Office, the dispensary is in violation of the newly adopted ordinance regulating such uses . She said that the applicant has applied for a llcense to operate a dispensary on the subject property and will be eligible for consideration If the rezoning is approved. Ms. Stachowiak said that staff is recommending approval of the request. She said that the adjacent property to the east is already zoned "F" Commercial and therefore, the proposed rezoning will not result In a "spot zone". Ms. Stachowiak stated that the proposed rezoning from "D-1" Professional Office to "F" Commercial is consistent with proper land use planning principles. She said that N. Grand River Is classified as a "principal arterial" and is one of only seven in the entire City. From a planning perspective, commercial uses should primarily be concentrated along principal arterials as they are designed to carry the highest volumes of traffic. Office uses, by contrast, -33- Pfannf ng Board Mf nutes January 9, 2018 Page 2 which typically do not generate nearly as much traffic as commercial uses, should primarily be concentrated along minor arterials. Ms. Stachowiak said that the proposed "F" Commercial zoning is consistent with the "Suburban Commercial" land use development strategy being advanced In Design Lansing Master Plan. She also said that the proposed zoning will have no negative impacts on traffic patterns, the environment or future patterns of development in the area. Mr. Ruge opened the public hearing at 6:40 p.m. Joslin Monahan, 3001 Orchard Vista Drive, SE, Grand Rapids, Ml stated that she is the attorney representing the appllcant. She said that the subject property directly adjoins a property to its east that is already zoned 11F" Commercial and is being used for a party store; Ms. Monahan said that the medical marijuana dispensary at 4215 N. Grand River has been in operation since prior to the moratorium on medical marijuana dispensaries that City Council put In place. She said that the applicant has applied for a license for a dispensary at 4215 N. Grand River but for a different location as well in case this one is denied. Ms. Monahan said that the rezoning is consistent with the Master Plan and there have been no issues with the facility since it has been open. Mr. Ruge asked how long the dispensary has been ope rating. Ms. Monahan said almost 3 years. She said that it has changed ownership during that time. Mr. Ruge said that there seems to be a fear that medical marijuana faclllties attract a bad crowd and cause problems In the areas in which they are located. He asked if there have been any problems at this facility. Ms. Monahan said that there have been no Issues whatsoever. She said that It is monitored around the clock, including on-site security. Seeing no one else wishing to address the Board on this matter, Mr. Ruge closed the public hearing at 6:45 p.m. B. Z·S-2017, 3440 N. East Street, Rezoning from "F" Commercial District to 11G-2u Wholesale District Ms. Stachowiak stated that this is a request by Jeffrey & Sheryl Landgraf, FTZ Laboratories, LLC to rezone the property at 3440 N. East Street from 'F' Commercial District to "G~2" Wholesale District. The purpose of the rezoning is to permit a medical marijuana safety compliance (testing) facility on the subject property. She said that under the City's new medical marijuana ordinance, testing faculties are permitted only in the "G-211 Wholesale, "H' Light and "I" Heavy Industrial zoning districts. Ms. Stachowiak said that, as evidenced by the map included in the packet, the subject property is located in an area that has no consistent zoning or land use patterns. Since the property to the west is already zoned 'G-2", rezoning the subject property to the "G- -34- Planning Board Minutes January 9, 2018 Page 3 2"district would not be considered a ''spot zone11 , even though the sites are located on opposite sides of the street. In fact, the majority of the properties in the 3400 and 3500 blocks of the west side of N. East Street are currently zoned "G-2" Wholesale and thus, the proposed rezoning will be consistent with the general zoning pattern in the area . Ms. Stachowiak said that staff Is recommending approval of the request. She said that given the eclectic mix of existing land uses, It ls not anticipated that the proposed medical marijuana testing facility will be Incompatible or disruptive to the surrounding area. Ms. Stachowiak said that medical marijuana safety compliance (testing) facilities typically do not generate much traffic, noise, odors or other nuisances and do not involve hazardous materials that would be detrimental to the health , safety and welfare of the community. Such uses are generally in operation during normal business hours only, traffic Is limited to employees or small delivery trucks and all activities are confined to the building with controls in place to prevent odors/fumes from emanati ng outside. Mr. Ruge said that the site appears to be larger than the dimensions provided in the staff report. Ms. Stachowiak said that the applicant owns the 2 vacant lots immediately south of 3440 N. East Street although they are not part of the rezoning request. She said that the vacant lots could be used for parking. Mr. Ruge said that he glad to see that the proposed plan provided for landscaping along the east property line. He asked if a fence will be installed In that area as well. Jeff Landgraf, 11 O N. Market Street, Dewllt, Ml, spoke in support of his request. He said that they do not intend to install a fence but will be putting in some plants. Mr. Landgraf said that the proposed testing facility will fit In well with the area . Mr. Ruge asked about security. Mr. Landgraf said that they will have both on-site and at home monitoring. He said that there are state laws governing security for medical marijuana facllltles that they will be required to meet. He said that they will be able to see the facility from their home. Mr. Ruge said that the house at 3440 N. East Street is very nice and appears to be well maintained although It looks like it would be very easy to break Into. Sheryl Landgraff, 110 N. Market Street, Dewitt, Ml, said that it is to their benefit that the structure does not look like a testing laboratory. She said that the building will be secure. Ms. Cerna asked if the applicant will have signs advertising the testing laboratory. Mr. Landgraf said that they will have a small sign Identifying the name of the business and the address, primarily so that delivery trucks will be able to locate them. -35- Planning Board Minutes January 9, 2018 Page 4 Mr. Ruge opened the public hearing at 6:47 p.m. Seeing no one wishing to address the Board on this matter1 Mr. Ruge closed the public hearing at 6:47 p.m. 5. COMMENTS FROM THE AUDIENCE -None. 6. RECESS -None. 7. BUSINESS A. Consent Items 1. Minutes for approval: December 5, 2017 Without objection, the December 5, 2017 meeting minutes were approved as written. 2. Z-1-2017, 4215 N. Grand River Avenue, Rezoning from "D-1" Professional Office District to "F" Commercial District Without objection, Z-1-2017 was approved. 3. Z-8-20171 3440 N. East Street, Rezoning from "F" Commerclal District to "G-2" Wholesale District Without objection, Z-8-2017 was approved. B. New Business 1. Acts-4 & 5-2017, LBWL and WWTP properties, Easement for Consumers Energy Gas Pipeline Mr. Rieske said that Consumers Energy Company Is requesting an easement over four City of Lansing/Board of Water and Light properties for a 16" gas distribution line. He said that the gas line is part of the North Lansing Pipeline, a gas distribution line extending from North Grand River Ave., then southwest under the Grand River and across a City of Lansing/LBWL parcel to Melvin Court, then south along the east side of Sunset Ave., then west to run southward, west of and parallel to a Lansing Manufacturers (AK.A. Jackson and Lansing) Railroad right-of-way to end south of 1~496. Mr. Rieske said that the proposed gas llne passes Westside and St. Joseph Parks1 but does not encroach upon them. The proposed easement also crosses a City parcel at 1620 Sunset Avenue (Act-5-2017). He said that the LBWL Board of Commissioners, by Resolution 2017-07-01, voted to recommend that the Lansing City Council grant an easement to Consumers Energy Company over property occupied and maintained by the Board of Water and Light, for monetary consideration In the amount of $107,500. -36 - Planning Board Minutes January 9, 2018 Page 5 Mr. Rieske said that a review of the request resulting in the following findings: • The easements are located in an industrial area, with 11 H'' and 'T' industrial zoning, and the proposed gas line is separated from residential areas by the railroad ROW, The gas pipeline will be installed underground, so the effect on the character of the surrounding area is negligible, The width of the proposed easements (15' min.) is necessary and appropriate to protect the gas pipeline and surrounding facilities, and will not adversely affect City operations. Based on these findings, Mr. Rieske said that staff Is recommending approval of the request. Mr. Ruge asked about the depth of the proposed pipeline. Courtney Killeen, Consumer's Energy, stated that the pipeline will be approximately 30 feet below ground and below the other utilities so that It Is does not interfere with them in any way. She said that ther.e are some existing utilities that are about 20 feet deep right now and the pipeline has to go below them. Mr. Ruge asked if there are residential properties along Sunset and stretch of Willow that would be affected by this proposal. Ms. Stachowiak said that Sunset and the affected area of Willow Street are entirely industrial. Ms. Killeen said that the proposed pipeline route was selected because it does not impact any resldential properties. Mr. Hovey asked why there are 2 Act cases associated with this proposal. Mr. Rieske said that that one is for the City of Lansing properties and the other is for the Board of Water & Light properties. Ms. Johnson asked what the new pipeline connects to. Ms. Killeen said that it connects to other existing pipes. She said that it is a distribution line that operates under pressure and is coated to prevent rust and to last about 1000 years. Ms. Killeen said that the existing line runs through the airport property and it is very old. She said that Consumers would like to retire that old pipeline. Dr. Bhatti made a rnotlon, seconded by Mr. Hovey, to recommend approval of the requests by Consumers Energy to obtain easements up to a maximum of 15 feet in width for the installation of a 16 inch gas -37- Planning Board Minutes January 9, 2018 Page6 distribution line across the following 4 parcels of land owned by the Board of Water & Light (Act-4-2017): Parcel No. 33-01-01 ·05·351 ·001 Parcel No. 33-01·01·08·102·031 Parcel No. 33-01-01 -08-102-101 Parcel No. 33-21-01-19-230-026 and across Parcel No. 33·01 ·01 ·08·102·041 which Is owned by the City of Lansing (Act-5-2017), subject to review and approval by the City Attorney's Office. On a voice vote, the motion carried unanimously (6-0}. 8. REPORT FROM PL.ANNING MANAGER Mr. Rieske said that the new Mayor has renamed the Department of Planning & Neighborhood Development to the Department of Economic Development and Planning. He also said that the Mayor has appointed Brian McGraln as director of the Department. - 9. COMMENTS FROM THE CHAIRPERSON -None. 10. COMMENTS FROM BOARD MEMBERS-None. 11. ADJOURNMENT -The meeting was adjourned at 7:07 p.m .. -38 - February 2, 2018 First Class, Inc. 2951 Green Back Lane West Bloomfield, Ml 48324 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk EXHIBIT I e_ This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N Grand River Avenue has been denied. The application has been denied based on the recommendation of the Zon ing Administrator because the location of the proposed provisioning center is not properly zoned. Chapter 1300 permits an applicant to seek variance of distance requirements with the license application, but does not permit the application for rezoning to be submitted with a license application. Any necessary rezoning must be completed prior to submitting an application for a medical marihuana license. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement setting forth fully the grounds for the appeal with the City Clerk's Office. Chapter 1300 provides that should the applicant not receive a license, one-half of the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney S. Stachowiak, Lansing Zoning Administrator Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. M'-L'~1n Ave., Lansing, Ml 48933-1695 617-483-41 31-39-'-377-0068 FAX · www.lansingml.gov/clerk $ clerk@lansingmi.gov I- ~ '1 >< ! w I ~ ____________ ,.______________ --· ----··----------------·---·-··---·. - ecs-3631 (1V111 SlATE OF MICHIGAN . . DEPARTMENT OF UCENSING AND REGULATORY AFFAIRS '-1 .. "\ ~~'iff) l • -------·-'· ~ ·-' , -· ·, '..,') .. ...._ ··""" . . ··-·-, \.-. \ ,, , .. -./. ·-\-'\(' -, '~I-\.. {,( ~ :;--:--... . _\ . How Paid: I CHECK I)/ p cis· 1 CASH I I I CREDIT I I ; ..., --r-· TOTAL~ (. (~ {_.{T( .• ~c, NOTICE: The emooot above stated has tJi!en racelved on your ~unt, sut>;ect to audit. U found lo t>e incoo'ect proper adjLJStmJll. must l:>e made. s-~ 1· 1 r.: "7 Q R • d \.._ (1 . "'\ r «J J ·...J f ·..:J ecerve -"'.! t , . .-·, .· ,., 1 _J c_::: =--·"" . . '\ -. Payment ( I l . , ·1 /. ;, • :\. I I .L__l. '-'--LI $ I CASH! \, I Cl '<:j- 1 Robert Hendriclcs From: Sent: To: Subject: Good Afternoon Mr. Hendricks, Tate, Nicholas Thursday, March 15, 2018 3;42 PM rhendricks@wrigleyhoffman.com Medical Marihuana Provisioning Center Appeal EXHIBIT I've been asked to review a denial of your client, First Class lnc.'s, application of a license at 4215 North Grand River Ave. Your letter states you may have written documents you'd like to present in your appeal. Might someone in your office be able to send those to me? Thank you. Nik Nicholas Tate Chief Labor Negotiator Office of the City Attorney 124 W. Michigan Ave. I L~nslng, Ml 48933 0 : 517-483-7864 I C: 517-582-2817 I E: nlcholas.tate@lansingmi.gov Website I Facebook I Twitter I lnstagram -41 - EXMIBIT j- Joslin E. Monahan <joslin.monahan@gmail.com> Fwd: Provisioning Center Application Update 5 messages Eric <eal711@aol.com> Fri, Mar 16, 2018at1:39 PM To: Joslin Monahan <joslin.monahan@gmail.com>, Robert Hendricks <rhendricks@cannalexlaw.com> Please read below Sent from my !Phone Begin forwarded message: From: "Blehler, Deb" <Deb.Biehler@lansingmi.gov> Date: March 16, 2018 at 4:25:31 PM EDT To: '"eal711@aol.com"1 <eal711@aol.com> Subject: Provisioning Center Application Update March 16, 2018 First Class, Inc. 2951 Greenbrooke Lane West Bloomfield, Ml 48324 Dear Provisioning Center Applicant, We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any Information submitted in the appeal as well as information submitted by · the City Clerk. The hearing officer wlll consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional Information to the City Clerk's Office within seven (7) days from the date of this notice. -42- Jf you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, . ~-:· .... . . . . Chris Swope City Clerk cc: M. Yankowskl, Lansing Police Chief J. Smlertka, Lansing City Attorney Joslin Monahan <joslin.monahan@gmall.com> To: rhendricks@wrigleyhoffman.com Not sure why this isn't sent to you Sent from my iPhone Begin forwarded message: From: Eric <eal711@aol.com> Date: March 16, 2018 at 4:39:33 PM EDT To: Joslin Monahan <joslin.monahan@gmail.com>, Robert Hendricks <rhendrlcks@cannalexlaw.com> Subject: Fwd: Provisioning Center Application Update {Quoted text hidden] Eric <eal711@aol.com> To: Joslin Monahan <joslin.monahan@gmail.com> Sent from my iPhone Begin forwarded message: -43- Fri, Mar 16, 2018 at4:48 PM Sat, Mar 17, 2018at1:17 PM From: Eric <eal711@aol.com> Date: March 16, 2018 at 1:39:33 PM PDT To: Joslin Monahan <joslin.monahan@gmall.com>, Robert Hendricks <rhendricks@cannalexlaw.com> Subject: Fwd: Provisioning Center Application Update [Quoled text hidden] Eric <eal711@aol.com> To: Joslin Monahan <joslin.monahan@gmail.com> Sent from my iPhone Begin forwarded message: From: Eric <eal711@aol.com> Date: March 16, 2018 at 1 :39:33 PM PDT To: Joslin Monahan <joslln.monahan@gmail.com>, Robert Hendricks <rhendrlcks@cannatexlaw.com> Subject: Fwd: Provisioning Center Application Update (Quoted text hidden) Joslin E. Monahan <joslin.monahan@gmail.com> To: Kathie Dunbar <kathie@southlanslng.org> ----Forwarded message ------ From: Eric <eal711@aol.com> Date: Fri, Mar 16, 2018 at4:39 PM Subject: Fwd: Provisioning Center Application Update Sat, Mar 17, 2018at1:20 PM Sun, Mar 18, 2018 at 12:04 PM To: Joslin Monahan <joslin.monahan@gmail.com>, Robert Hendricks <rhendricks@cannalexlaw.com> (Quoted text hidden) -44- •• •• Wrigrey, Hoffman & l-1endricks, P.c. ATTORNEYS AT LAW March 20, 2018 SENT VIA EMAIL ONLY (brlsbon@miclliga11.gov.) Andrew Brisbo, Director Bureau of Medical Marihuana Regulation Michigan Department of Licensing and Regulatory Affah's 2407 N. Grand River Lansing, MI 48909 Re: Cease and Desist Letter to First Class, Inc. 4215 N. Grand River, Lansing MI Dear Director Brisbo: EXHIBIT j c Robert A. Hendricks rhendricks@wrlgleyhoffman.com office: 616.454.6611 ext. 102 We represent Ffrst Class, Inc. d/b/a First Class Releaf at 4215 N. Grand River in Lansing ("FCR"). By letter dated March 19, 2018 (copy attached) and hand-delivered at appl·oxirnately 11 :30 AM on that date, FCR was ordered to immediately cease and desist the operation of its medical marijuana dispensruy. Our client closed its operations promptly aftel· J'eceipt of this letter on Mru·ch 19. We have no'?' had an oppo1tunity to carefully examine the cease and desist letter and have concluded that it was issued in el1'or. Specifically, the letter demands that our client" ... cease and desist from operating a malihuana facility because no application for a state operating license was filed by Feb1uruy 15, 2018.,, The letter goes on to asse1t that, according to your records, the business at this address did not file an application by Feb1uary 15, 2018. As a matter of fact, FCR /tad filed an application for a state operating license for 4215 N. Grand River in Lansing by the Febmru·y 15, 2018 deadline. Attached is a copy of the payment receipt issued by LARA to First Class, Inc. at 9:13 AM on Febl'uary 15 for the $6,000 filing fee. Your records should teflect that this application was timely filed . Because the predicate violation asse1ted in your cease and desist letter did not occur, the letter is inco11'ect and unenforceable. FCR has the l'ight to reopen its dispensary operation at 4215 N. Grand River and to contin\le to provide an unintenupted source of medicine to its patients. Please advise any law enforcement authorities to refrain from attempting to enfo1·ce this defective cease and desist letter. 3001 Orchard Vista Drive SE, Suite 220 ·Grand Rapids, Ml 49546 Telephone: 616.4511 i:;i::1 1•Fax:616.454.8618 www.wrl·-45-offman.com I I ~ I r r I ~ t f Thank you fol' your prompt attention to this matter. Please contact me should you have any questions or concerns. RARllvl Enclosu1•es Very truly yours, WRIGLEY. HOFFMAN & HENDRICKS, P. C. Robert A. Hendricks Cc (w/encl.): First Class, Inc. 3001 Orchard Vista Drive SE, Suite 220 ·Grand Rapids, Ml 49546 Telephone: 616.454 --···Fax: 616.454.8618 www.wrlg -46-ffman.com FOIA request re: 4215 N. Grand River FOIA request re: 4215 N. Grand River From: josllnmonahan@bhhsml.com Sent: Mon, Apr 2, 2018 at 12:56 pm To: FOIA. Request@lanslngml.gov Page 1of1 EXHIBIT Please provide copies of all documents, including but not limited to all emails; all internal notes, emails, and/or memoranda; all minutes; all notices: all calendar entries; all call logs; all phone messages; and all agendas relating to or referencing (1) the real property located at 4215 N. Grand River Avenue, Lansing, Michigan from 2015 to present; or (2) Dick Peffly's, First Class lnc.'s, and/or Eihab Kinaia's (as shareholder of First Class Inc.) attempts to rezone 4215 N. Grand River Ave., Lansing, Michigan from retail to commercial. Please be advised that there were at least two such rezoning attempts in 2017 alone : (a) one in early 2017, in approximately January or February; and (b) a petition to re-zone submitted on or about December 15, 2017. Please also be advised that this FOIA request is directed to any and all relevant departments, branch, bodies, and/or offices within the City of Lansing, including but not limited to Lansing Planning Office; Lansing City Council, including all committees and subcommittees; Board of Zoning Appeals; and Board of Ethics. Thank you. Sincerely, Joslin Monahan -47- https://apps.rackspace.com/versions/webmail/13 .0 .O-RC/ooouo.oho?wsid=fc3af5ebe296a5e... 4/6/201 R AFFIDAVIT BY JOSLIN MONAHAN STATEOFMICHIGAN ) )ss. COUNTY OF KENT ) r, JOSLIN MONAHAN, hereby state and affom the following: I. I am an adult and resident of Kent County, Michigan. 2. I have reviewed the contents of the letter dated April 6, 2018 from Wrigley, Hoffman & Hendricks, P. C. to the Lansing City CJ erk Hearing Examiner related to First Class, Inc.' s Appeal of Lansing's denial of First Class, Irie.' s medical marijuana pl'ovisioning center application at 4215 N. Grand River. The factual contents of said letter are true and accurate based on my personal knowledge. FURTHER AFFIANT SA YETH NOT. April 6, 2018 STATE OF MICHIGAN COUNTY OF KENT ) )ss ) J oslii'i nahan Subscribed and sworn to before me this 6111 day of April, 2018 by Joslin Monahan . -48- . _ _,,, I} . {) \f ' '{~;!7, -~~~rLt~:-~~~~·~,P~~ff~·,~§/[ Ottawa County, Michigan Acting in the County of Kent My commission expires: March 14, 2024 Additional Material Requested By Hearing Officer From Appellant -49- -----------------.. -··· -.,,...__ __ Beceived •/'"1 r,_ -i-('-:'. <:.. <S. Of l ''! ~._... \,._.\Q ~ Date --. - • r1 . _ ·t-~. \'~t-r\· ;; .. l'\~~-=:t:J\(l _ ' . ..._ .~ .. '\.. •· ·-""-- I CHECK 15( I hJS'l CASH I I 1 CREDIT I How Paid: ' .... - _., i\ .. .-·-·-• . 1 .......... ~ \-. . .:i \ ~') " 1 .......: __ j r r -. ' I I ~-~·\ TOTAL :> I ~ Lt:i ~ '... , ·'-.... ,,.,.._ • 1 '1...__ ~~n '-"", . \ ~' )q 1 ·~ ... 20 ,.-::-- ~--· NOTICE: The amount above stated has been received on your aC(?,Ount. subject to audit. If found to be incolTeot proper adjustmem must be made. 8 0 5 7 9 -Received ·~~ .;".\ ,~, ·:.\ (~ (t b =-""~' . ") ., Payment < -l 1 • ( _.~ / J'-" · \ J i .-• -c;;: c-= (___ 1 -= CASHIEf\ l,: ., , .... ··~t.10 vlllo • o-i·tf:Ol ~1~!~P i>••~ OHO~, 11·;e9s· ~•on 2?~·07~' Aln-V).7.\ f 1~11awQ°t; Pllfli811>1i.44')9 avo'-:'fa.4-·I~'~ ~-. ,_,.,. r i.: , .. 1 • • A 7 Al 7 '~I M ,., ·;~ Ill Af 2( 87 M' ..,, 87 Mi ~ to/• 415 tiO Ho $1'1 llt ... 01 il21 i;nr II• 2ill b All 111 uui· Ric m eco 6hl .1l~ 1'11 SZO· 000· Spo 715- !?up 715· 800· W.itU _7J5-: 8~t.:-! wi,~ 711;.j 80~·1 I> ;·-· (5 ~-·~ Jl1 ilRES ! IJate: Addressoe: Addre!Js: R.E: SrAri:;; or-M1cuiol\tf D~i'Al1TMl!NT bF f.ICENSlfl:A #id KEGUL/\TORY -AFFAIRS . LAN51t"3 \IJA l~AND 0ELIVE!HY /1Jacd1../~0lte. //!lJ/, t5 hrs{~ Cb<ts: .. L X-.,.;c.. -~JS N. &~nJ R.l ve.fL _LA iY$/N G1 __ J q ....;...\ -. ·_ DEMAND TO.CE!ASE AND OESIST OP~HATION IN VIOLAllbN OF EMERG'ENCY Rt'Jl.E 19 . . . To Whom It May Concern; fll llli.LV t \1.AEm'OM '· fl'IU!OTOK . Th~ O~p;:ii"jtrre11t of Lica,1sl11y a11d Rcgulnlory Aff11irs, 13ufeau nf M~d!cal Marl~~~na Reg_ulaflon (AMMR), QY Qlr~c!or /\ndrew Brlsbo, pursu;tnl lu aulhnrity unrj\')r tho D~c~mb'er 4, 2017, Emi;irgenoy Rules and tile Metlfcal M.:1iiht1ana facilities' Lk:enr1ing Act (MMFL/\), M.CL 33327101 et seq., demands ~al you cease and ll~sist rro.m nperating a tni;irihtJana fncllltY bepa4se rlP l[lfjpJimi1ion for a state opera!!ng liceu~a mis filP.\i h)' FP.bruary 1,G, 2b18. MMfLA Emerg~ncy Rut~ 19 permiti; 111.n '1ppli~nl. for~ sl~t~· op·erall1i9 l!cen~~ lo t~mporarily operate a proposed marlhuana racilily w1tlen.:e1iain condillcins. In ~rder lo cotnply with this ru1e1 a temporarily op~r~Ung 1~Cilllly m1.1st hav~ ~pplle!J ror a S_la!~ 9p1;1rating license by Feb'ruary 15, 2016. Emer~ency R·ure 1!lt4). A. p&t$OO that does not comp!y with this rute ~hall cease er.id ~e.\'llst open~tfon of a proposed marlhubna f3cl!lty ~nd niay be subject 1o all tha panalUes, sancUon~1 and remedies under state an_d f~u<')rel I~\\!. ih9 act, or·tho. Emergenr.y Rut~-s, Emerg~ncy R.ule 19(2}. Ar.cording to our rl!cpr~s, ~he.b.Uslr'l.E!SS at thl~ oddr~ss did not file an a:ppllcatio'r\ for a state operating /lpens:e by F,ebruary 151 2018, as presr.rlbed in Emergency R~le 19. Accordinl11Y, aMM_R.demand~ t11~Lyou lmm~~llalelrce~se EllJd ~eslst frOIT) ~liy ~ot1vl~ In violation of Rule 19 .a~d iii~ .~MFLA. r:a1lu,re lo C?mply w1U1 lh1s notice may resulMn tbe·1tf.e11le!I eta license; ~ferral to local, sta.te. or federal law enf oro·e1~erili and other ps'nallles ~psanotio.ms a!i pr~vlded In thB" MMFLA· and F.margon-cy RulQs.. · · • {f:_oµ bell••• you reoe~eci this lellerln •iror, plo~se coll BMMR·at05fti7·2A+!!5~ Slncerely, Andrew Brisbo, !Jifl!clor Bureau of Medical Marihuana Regulatlpn MlchlQ~ri'oepartrnerit of. Llcenslng ·an.ci RAgula(ory Affairs- rillREAU Of MEOIOAL M/\RIHUANAiREG 2407 .NORTli ORAf>ID MIER • :P.o .. BQ~ :!o~o~ •• ;Jil\N~l YMW.mlchlgan.gQv/modloPlmurlh.~q'(l~wt(1r,: .................. _51--·~~- City of Lansing 0Frrcc OF THE CrTY ATTORNEY James D. Smiertka, City Attorney Joslin Monahan joslinmonahan@bhhsmi.com April 10, 20l8 RE: Freedom of [nfonnation Act ("FOIA") Request # 18-344 -4215 N. Grand River Ave. Dear Ms. Monahan, Sent Via Email The City has received your request for public records under the Michigan Freedom of Information Act (FOIA). In order to determine whether the City possesses records responsive to your request, we are extending the time for responding to your request by ten (I 0) business days, as permitted under MCL 15.235, Section 5(2)(d). Therefore, a written response will be issued on or before Apri l 24111, 2018. If you have any questions concerning this matter, please feel free to contact our office at the address or phone number below, and enclose a copy of this correspondence. Please be advised that the City has adopted Procedures and Guidelines and a Written Public Summary, both of which are available on the City's website at: https://www.lansingmi.rwv/OocumentCenter/Home/View/6 l 8 https;//www.lansingmi.gov/DocumentCenter/Home/View/4 I 5 Sincerely, Amanda O'Boyle Office of the City Attorney AKO Fifth Floor, City Hall • Lansing, Michigan 48933 • (5 · -· '13-4320 • Fax (517) 483-4081 • cityatty@lansingmi.gov -52- Tate, Nicholas From: Sent: To: Cc: Subject: Attachments: Robert Hendricks <rhendricks@wrigleyhoffman.com> Wednesday, April 11, 2018 4;16 PM Tate, Nicholas joslinmonahan@bhhsmi.com FW: FOIA Request# 18-344 -4215 N. Grand River Ave. I Extension Letter Extension Letter -sent 041018 to Monahan via email.pdf Nie -please see the correspondence below and attached. Because of the delay occasioned by the City of Lansing's extension, we will need a corresponding extension to submit appeal materials that may be disclosed in response to our FOIA request. We are not certain when we may actually receive those materials, or what may be included. Until we have received, reviewed and submitted to you the materials subject to our FOIA request, we believe it would be inappropriate for the City of Lansing to decide our appeal. We would also renew our position that after we have received, reviewed and submitted these materials, an actual hearing would be a necessary and appropriate component of the appeal process. Nie, we also wanted to put this appeal into a larger context for you. The application to rezone the 4215 N. Grand River property will be considered by the D & P committee next Monday. We have every reason to believe that this committee will approve the application and this matter will then be considered by the City Council, perhaps at the May I meeeting. If the rezoning is granted, we believe that the basis for the City's denial of the license application will have been removed. Perhaps the City would then be in a position to reconsider the denial and this matter could be resolved. Finally, we want the City to be sensative to taking any action to issue all the available licenses before our appeal is completed. Such an action would necessarily create additional litigation between us. Thank you for your attention to this request. Let us know if you have any questions or concerns. Robert Hendricks rill Wrigley, .Hoffman II ~T ~~E ~,qr15,~s. PC 3001 Orchard Vista Drive SE Suite 220 Grand Rapids, MI 49546 Office: (616) 454-6611 ext. 102 -53- From: "Biehler, Deb11 <Deb.Biehler@lansingmi.gov> Date: April 20, 2018 at 9:01:06 AM EDT To: 111eal7ll@aol.com"' <eal711@aol.com> Subject: Provisioning Center Application Update Dear Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marlhuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de nova. 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. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 02, you must cease operations. Operations may resume only if your appeal Is granted and the requirements of the temporary operation are satisfied. Sincerely, ($;..~ Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Deb Blehler Medical Marihuana Specialist Lansing City Clerk's Office 124 W. Michigan Avenue I Lansing, Ml 48933 0: 517-483-4132 Fax: 517~377-0068 Deb.Biehler@lansingmi.gov Website I Facebook I Twitter -54 - Andy saior. Mayor Chris Swope Lansf ng City Cler!< City Hall, Ninth Floor 124 West Michigan Ave. Lansing, Ml 45933 First Class 11:10. c/o Robert A. Hendricks· Wrigley, Hoffinan .& Hendricks, P.C. 30001 Orchard Vista Drive· Sfi, Suite 22.0 Gr?tnd Rapids, Ml 49546 OFFICE OF THE CHIEF LABOR NEGOTIATOR NICHOLAS E. TA. TE, C.liIEF .LA:t;JOR NEGOTIA. TOR I 14 \v. M.ichlgun. Ave1111c City Mull.5th f:'lqor Lunsing. Ml 48933 r. H:. 5 I 7.48P864 FAX: S 17.483.4081 Ni9bc!las. Tore@lnn$jngml. ~pv April 19, 2018. Re: Appeal of Initial Danial for a ProVlslonfng Ger:itet located a.t 4215 N·, Grand River Ave. Mr. Swope. I have reviewed First Cl~ss, Inc .. 's ~pplicatiori for a provi~l.onlng cent~r license. for a property located at 421'5· North Grand River Avemh;. I have als.o reviewed slipplem~nt~I docurnentaJion, memoranda, emails and an affidavit provided to rne by Mr. Hendricks, couns'el ofirecord for Flr-$t Class Inc·. While I appreciate and sympathize with the applleant'.s po.sition, I have no chojce but to uphoid the lnltl~I dehlal of the applic~flon E;1t this tlm~ :since the JDroposed loca'tlon Is currently not properly zo.ned. £}d; Nicholas. E. Tate "Equol OpP.orl\.l!lil.y Employer" I (J1 °' I stamps , endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0951735242 Priority Meil 2-DAY wilh USPS TRACKING #" Eleclronfc Service Fee: $0.000 Tc:Xal Posta.ge and Fees: SS.55 Welght: 1 oz Print Date; 0412.0.'2018 Mailing Date:04120/2018 From: To: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 First Class Inc 2951 Greenbrook.e lane West Bloomfield MI 48324-4788 USPS Postmark Here 'R~r Priority Mail 2·DAY Seorico postago ratQs a~. Ther9 i• nc> fee tcir DeliN!y Ccnllrmolion"' se<Viee on Prioliy Mail sllVices wdh use ol ttis electrcric snipping label. Postmenc r9(Jil'9d ii lee 111f\.11d reque&ed.. Delivery imonnelion is nol l!Wailable brj lll!one ror t-118 eleamrtc Ojltion. Instructions: 1. Adhere shipping label to pa.ckage with tape Of glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. SeU-actiesive label is recommen.decl. 2. Place the label so it does not wrap around the edge ot the package. 3. This package may be deposited in any cdlection box. handed to your mall carrier, e< presented to a clert at yoor local Post Office. 4. Each confi11m11ioo number ls unique and can be used only aice -00 NOT PHOTOCOPY. S. You must mall this padkage on ttle "'mail <late" the.I. ls specified on this label. April 20 1 2018 First Class, Inc. 2951 Greenbrook Lane West Bloomfield, Ml 48324 Dear Applicant, Chris Swope Lansing City Clerk I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. 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, substantial1 and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J . ·smiertka, Lansing City Attorney Lansing City r.IArk's Office Ninth Floor, City Hall, 124 W. Mlct .57 .Ave .. Lansing, Ml 48933-1695 617-483-4131 b'I 1-.177~0068 FAX www.lansinami.aov/r:lerk citv.clerklO>lansinoml.onv ,,,-I i . I i I J f'· •111 111• Wrigley, Hoffman & Hendricks, P.c. ATTORNEYS AT LAW Mayl81 2018 SENT VIA EMAIL (city.clerk@lr111siugmi.gov) Medical Marijuana Commission c/o Lansing City Clerk Ninth Floor, City Hall 124 W. Michigan A venue Lansing MI 48933-1695 Robert A. Hendricks rhendricks@wrigleyhoffman.com office: 616.454.6611 ext. 102 Re: Medical Marihuana Provisioning Center Lansing license application for 4215 N. Grand River Avenue. Appeal from decision of Lansing City Clerk Dear Medical Marijuana Commission: This is an application for an appeal of the decision of the Lansing City Clel'k rendered and delivered on April 20, 2018. This application is made pmsuant to Lansing City Ordinance §§ 1300.3(E) and 1300. l5(C)1• As provided in § l 300.3(E)i the standard of appellate review to be applied by this Commission is not" ... de novo. The Conunission 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 aniving at such decision or finding.,, The basis for the Clerk's April 20, 2018 decision is, in its entirety, as follows: I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal ls denied. (emphasis in original)2 The appellant has never been provided with the report and recommendation of the hearing officer upon which the Clerk's appeal is required to be based. Indeed, the appellant is not aware that the hearing officer ever prepared such a report and recommendation. Thus, the appellant has never been provided with a record on appeal that might include "material, substantial, and competent facts" upon which the Clerk made his decision. Without that record, it is impossible for the appellant to identify the reasons for the Clerk's decision or to identify and articulate any alleged e1rnrs in that decision. 1 1300.15(C) provides in part; 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. 2 Copy of email from Chris Swope to Eric Kinaia on April 20, 2018 attached. 3001 Orchard Vista Drive SE, Suite 220 ·Grand Rapids, Ml 49546 Telephone: 616.454.t_58 < Fax: 616.454.8618 www.wrlgle:1,, ... ,;man.com Based on the foregoing, the appellant requests that this Commission locate and provide the appellant with access to the complete 1\·ecord on appeal" and a reasonable time frame within which to identify those "material, substantial, and competent facts)) upon which the Clerk made his decision and which the appellant may believe demonstrates th~t the Clerk1s decision is arbitrnry or capricious. Should the Commission wish to consider this application for an appeal as the appeal itself, then the appellant incorporates herein the statements and arguments in its original notice of appeal made on February 16, 2018 and the appeal submission (with all attachments) submitted on April 6, 2018, both of which are on file with the City of Lansing Clerk's office. We believe that these materials demonstrate that there are no material, substantial, and competent facts that would reasonably support the denial of the appellant's license application for 4215 N. (hand River Avenue. Thank you for your attention to this matter. RAH/Iv! Enclosure Respectfully submitted, WRIGLEY, HOFFMAN & HENDRICKS. P. C. Robert A. Hendricks -59- Robert Hendricks From: Sent: To: Eric Friday, April 20, 2018 9;05 AM Joslin Monahan; Robert Hendricks Subject: Fwd: Provisioning Center Application Update Sent from my iPhone Begin forwarded message: From: "Biehler, Deb11 <Deb.Biehler@lansingmi.gov> Date: April 20, 2018 at 9:01:06 AM EDT To: '11eal711@aol.com'" <eal71l@~ol.com> Subject: Provisioning Center Application Update Dear Applicant, I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center In the City of Lansing at 4215 N. Grand River Avenue. I have determined your appeal Is denied. You have the right to appeal this denial of licensure to the Medical Marlhuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. 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. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017- 021 you must cease operations. Operations may resume only If your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, cu~ Chris Swope City Clerk cc: M. Yankowskl, Lansing Police Chief J. Smlertka, Lansing City Attorney Deb Biehler -60- Medical Marihuana Specialist Lansing City Clerl<'s Office 124 W. Michigan Avenue I Lansing, Ml 48933 O: 517-483-4132 Fax: 517-377-0068 Deb.Biehler@lansingmi.gov Website I Facebook I Twitter Chris Swope, CMMC/CMC Lansing City Clerk -61-