Mich. Admin. Code R. 420.22 - Designated consumption establishment license
Rule 22.
(1) An
applicant for a designated consumption establishment license is subject to and
shall meet the requirements of the Michigan regulation and taxation of
marihuana act and these rules.
(2) A
person may apply for a designated consumption establishment license on the form
created by the agency accompanied by the nonrefundable application fee as
prescribed in these rules. An application for a designated consumption
establishment license must be made under oath on a form provided by the agency.
A complete application for a designated consumption establishment license must
contain the information required in these rules and information regarding the
designated consumption establishment including, but not limited to, all of the
following:
(a) A designated consumption
establishment plan for the proposed consumption establishment. Upon the request
of the agency, an applicant or licensee may be required to submit a revised
designated consumption establishment plan. The plan must include a diagram of
the designated consumption establishment including, but not limited to, all of
the following:
(i) The proposed establishments
size and dimensions.
(ii)
Specifications of the designated consumption establishment.
(iii) Physical address.
(iv) Location of common entryways, doorways,
or passageways.
(v) Means of public
entry or exit.
(vi) An indication
of the distinct areas or structures for separate marihuana establishments at
the same location as provided in these rules.
(b) A detailed floor plan and layout that
includes all of the following:
(i) Dimensions
of the consumption establishment including interior and exterior
rooms.
(ii) Number of
rooms.
(iii) Dividing
structures.
(iv) Fire
walls.
(v) Entrances and
exits.
(vi) Locations of hazardous
material storage, if applicable.
(vii) Means of egress.
(c) Construction details for structures and
fire-rated construction for required walls.
(d) Building structure information, including
but not limited to, new, pre-existing, freestanding, or fixed.
(e) Building type information, including, but
not limited to, commercial, warehouse, industrial, retail, converted property,
house, building, mercantile building, pole barn, greenhouse, laboratory, or
center.
(f) Zoning classification
and zoning information.
(g) If the
proposed designated consumption establishment is in a location that contains
multiple tenants, any applicable occupancy restrictions.
(h) A business plan that includes a
description of the proposed hours of operation.
(i) Proof of possession of the premises where
the proposed designated consumption establishment will be located and, if the
premises are leased, written permission from the owner of the premises
approving the applicants use of the designated consumption establishment for
marihuana consumption.
(j) A
responsible operations plan that includes a detailed explanation of how
employees will monitor and prevent over-intoxication, underage access to the
designated consumption establishment, the illegal sale or distribution of
marihuana or marihuana products within the consumption establishment, and any
other potential criminal activity on the premises.
(k) A documented employee training that
addresses all components of the responsible operations plan.
(l) A marihuana product destruction and waste
management plan that meets the requirements of these rules, as applicable, for
destroying and disposing of marihuana waste left at the marihuana
establishment.
(m) Any other
information required by the agency if not inconsistent with the Michigan
regulation and taxation of marihuana act and these rules.
(3) The agency may provide a copy of the
marihuana establishment plan to the BFS, local fire department, building
officials, the Michigan state police, and local law enforcement for use in
pre-incident review and planning.
(4) An applicant shall pay the fees required
under these rules.
(5) An applicant
is subject to the prelicensure investigation and proposed establishment
inspection required under these rules.
(6) An applicant is subject to the proof of
financial responsibility and insurance requirements under these
rules.
(7) A designated consumption
establishment shall have the following characteristics:
(a) A smoke-free area for employees to
monitor the marihuana consumption area.
(b) A ventilation system that directs air
from the marihuana consumption area to the outside of the building through a
filtration system sufficient to remove visible smoke, consistent with all
applicable building codes and ordinances, and adequate to eliminate odor at the
property line, if consumption by inhalation is permitted.
(c) A location physically separated from
areas where smoking is prohibited and where smoke does not infiltrate into
nonsmoking areas or buildings.
(8) The agency may determine an applicant is
ineligible or deny an application for the reasons specified in these rules, as
applicable.
Notes
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