BELLEVILLE SEEKS TO LIMIT MEDICAL MARIJUANA DISPENSARY BUSINESSES

The debate over the budding medical marijuana dispensary business
continued Monday as Belleville City Council members deferred the issue
of "Where?" to planning commission and will further discuss the
question of "How?"

The issue of having a potential medical marijuana shop within city
limits was first brought up in March after city administration
received an inquiry from a dispensary business. Council placed a
moratorium on applications for medical marijuana related businesses
and that was extended by an additional 120 days on Monday, as city
officials continue to wrestle with questions of where they would zone
a dispensary business and how would it be policed.

The city of Belleville is one among a growing number of communities
forced to address the issue since the Michigan statute allowing for
the use of medicinal marijuana by registered patients and the
distribution from licensed caregivers is actually contradictory to
federal law.

Because of gray areas between state and federal law, local communities
are essentially left holding the bag, said city attorney John Day. As
in the prior meeting, Day suggested that the city approve measures
through a combination of zoning and licensing that would help ensure a
potential medical marijuana business would not be located near schools
or public parks and would stay off Main Street.

"You can't have an ordinance that trumps state law, and I don't really
know if you can adopt a federal law that contradicts state law," Day
said. "The second approach would be through zoning. You find a
district and locate the business in that district...you can make it a
special use and place special provisions around that like making sure
the business is at least 300 feet away from churches, schools, public
parks and you don't want to put it on Main Street.

"You can also go the licensing route and require that the owner be
registered. With that you could regulate hours of operation and other
aspects. It would fall into the same category as tattoos, massage
parlors and other adult-oriented businesses."

Day suggested adopting a zoning amendment that would limit the
establishment of medical marijuana businesses to industrial areas
within the city.

Some communities, such as Canton Township and Royal Oak, have taken
the banning approach by arguing they can't support a business that
isn't germane to federal law. While other communities, like the city
of Ypsilanti, have gone the zoning route and adopted regulations
concerning all medical marijuana related businesses.

Resident Mike Renaud strongly advised Council to consider taking that
step as he chastised the city for wanting to be the "vanguard" for
medical pot regulation.

"What is Council's intent with the people?" Renaud said. "Why do we
want to be the vanguard for this? Are you working for the people or
are you working for your own pleasure? Do you really think this will
be a metropolis for medical marijuana?"

Day said the communities that have adopted the banning approach will
be the first to be challenged in court. He and Council agreed that the
city had neither the desire nor the financial stability to get into a
protracted legal battle against the growing medical marijuana industry.

Councilwoman Kim Tindall echoed those comments saying communities like
Royal Oak and Canton have the resources to fight something like that
in court, if they so choose, but Belleville would be an "easy target."

"People in this town don't want it. But if we take the banning
approach, people are going to get sued," Tindall said. "We are
'Hicktown, U.S.A.' here, as a matter of fact we are broke 'Hicktown,
U.S.A.' (We would be) the first ones to get sued, or we will get stuck
with one of these businesses on Main Street. I don't think we're big
enough to fight this. It would bankrupt the city."

Tindall also addressed charging a license fee, saying if they single
out medical pot businesses for additional fees that could open up a
potential lawsuit as well.

"If we hit them, we have to hit everybody like tattoo parlors and
massage parlors," Tindall said.

In other business, Council approved the first application for an
electronic message board sign submitted by the Downtown Development
Authority. The sign will measure 12-feet tall, by 8-feet wide ad they
plan on using the existing frame of the original marquee-style sign
that was at the corner of Main and High streets.

The ordinance amendment to allow for electronic messaging signs caused
a stir at Council over the course of several meetings as some argued
for the safety of having a distracting sign right near the entrance of
downtown facing a busy intersection. Council members felt comfortable
with the regulations presented in the ordinance that will govern the
frequency of the messages, the brightness and font size.

The sign will be two-sided and DDA administration will price a
single-color and a full-color sign. The current bid is for $45,250
from a company located in Farmington Hills.