Brighton council to discuss draft ordinance for marijuana stores ahead of election

Even as voters in Brighton consider a ballot proposal that would permit marijuana retail stories in the city, the Brighton City Council Thursday plans to review a city ordinance draft that, if adopted, would permit a maximum of two stores.

The city's attorney and staff created a draft for a city zoning ordinance amendment, which the city could use to regulate marijuana businesses, whether voters pass the proposal at the polls in November or not.

Voters in the city will decide whether to allow at least two adult-use recreational marijuana stores in the city. Some absentee voting already is underway ahead of the Nov. 8 general election.

The first draft of the city's proposed ordinance includes a number of regulations, including limiting marijuana businesses to a maximum of two retail stores and prohibiting all other types of marijuana businesses, setting hours of operation and prohibiting them near certain locations. The city's planning commission reviewed the proposal Monday.

If the council moves ahead with the ordinance process, it would need to schedule a public hearing at a future date, which council members could do Thursday. City officials have not said whether they will approve the proposal even if the ballot question fails.

RELATED: Marijuana stores will be on November ballot for Brighton voters

City Manager Gretchen Gomolka said she does not want to speculate what city officials will do. Gomolka said it's important for people to understand the city charter requires two readings of proposed ordinance language before city council can vote on whether to adopt a proposal.

She said city staff are recommending council move its Nov. 3 meeting to Nov. 10 and conduct a public hearing after the election so they can be aware of the proposal vote results before making decisions.

Gomolka said it would take 15 days following passage for a city ordinance to go into effect, and meeting on Nov. 10 would give city officials enough time to vote on whether to adopt an ordinance that could go into effect by Dec. 1 - the same date the ballot proposal requires the city to approve marijuana businesses.

Mayor Pro Tem Jim Bohn said, in his opinion, the ballot proposal contains "a lot of unknowns."

"I believe the action the city is taking is that we want to try to ensure that if this passes that there’s an orderly implementation of these establishments coming into this city," Bohn said. "State statute gives the city zoning authority and the city is taking advantage of that authority that the state grants.

"We're trying to establish some order and discipline into the process," he added. "In my opinion, that proposed ordinance, there is a lot of open-endedness."

He indicated he is likely to vote Thursday in favor of moving the ordinance review process forward.

"I would not have any problem moving to the next step and having a public hearing and having discussion," he said.

What's in the city's draft ordinance?

As proposed, the city ordinance would only allow two marijuana retail establishments.

All other types of marijuana businesses would be prohibited. No growers, processors, secure transporters, safety compliance establishments or microbusinesses would be allowed in the city.

Medical marijuana businesses would be prohibited.

It also establishes a process for how would-be marijuana store operators could apply authorization and special land use permits from the city, as well as a system for scoring applications.

As drafted, it would prohibit drive-through establishments, walk-up windows and mobile establishments.

Marijuana stores would be prohibited within 800 feet of a K-12 public or private school, unless separated by Interstate 96.

Stores would also be prohibited within 800 feet of a park or playground, a state licensed substance use disorder program, and "an establishment that offers regular on-site cultural, educational, artistic, athletic, social, recreational or advisory programs and services primarily to persons 18 years of age and under," the draft ordinance states.

The city's planning commission recommended also prohibiting stores within 800 feet of churches.

Residential uses in the same building would also be prohibited, according to the draft ordinance.

The draft also recommends hours of operations be limited to 8 a.m. to 8 p.m.

The draft, which contains additional regulations, is available on the city's website in the meeting packet for Thursday's city council meeting.

What's in the ballot proposal?

A group with ties to marijuana industry professionals, Say Yes to Brighton Committee, prompted the ballot initiative. They collected 746 signatures, surpassing the 204 required valid signatures, from residents to get the issue on the ballot.

The Say Yes group then sued the city, its elections department and city Clerk Tara Brown after Brown rejected signed petitions submitted by the committee on a technicality related to how the petitions were formatted, according to court documents.

After Livingston County Chief Circuit Court Judge Michael Hatty issued an order, the Council voted to approve ballot Mayor Kristoffer Tobbe was the only council member to vote against approving the ballot language.

If passed by voters, the ballot proposal would repeal the city's ban on marijuana businesses and give the city authority to enact zoning regulations and police powers for at least two marijuana stores, among other stipulations. It would go into effect Dec. 1.

MORE: Anti-pot shops committee forms to oppose Brighton ballot proposal

The ballot proposal says businesses would be allowed to offer delivery, drive-thru and exterior walk-up windows.

The establishments would not be allowed within 800 feet of a public or private grade schools or parks larger than 1 acre.

It also would allow the city to enact police and zoning regulations related to marijuana businesses.

It stipulates marijuana stores would only be allowed if the person or entity that would hold the state license has obtained pre-qualification with the state's Cannabis Regulatory Agency within 30 days after the ballot language is certified to the county clerk. It also stipulates the person or entity to hold the state license must have a recorded interest in the property.

Contact Livingston Daily reporter Jennifer Eberbach at jeberbach@livingstondaily.com.

This article originally appeared on Livingston Daily: Brighton city drafts proposed ordinance for marijuana stores ahead of election