Berkley, MI – February 22, 2022 – The Berkley City Council, took into account the recommendations of the appeals hearing officer, decided on the administrative appeals filed by 21 marihuana business license applicants appealing the City Manager’s scoring of their license applications, making the applicants’ scores now final.
The City Council’s decisions on the appeals resulted in the number one and two applicants ranked and a three-way tie for the third position. This decision is important because the City Code limits the number of licenses the City may issue (up to three marihuana business locations).
At the February 7, 2022, meeting, the Council considered its options and reviewed all potential options for addressing the three-way tie with the City administration and the City attorney. Council instructed staff to prepare an ordinance to update the number of allowable licenses to five from three. The first reading of the ordinance update will likely come before Council for consideration at their March 7th Regular meeting.
Official scores for all applicants can be reviewed here.
Current steps in the process at this time include the City Manager referring the top two ranked applicants to the Berkley Planning Commission for site plan review**. **Applicants that are tied at the third-highest scoring position, have been cautioned that proceeding to site plan review at this time will be at the applicant’s own risk and expense.
A Quick Synopsis
City Manager Matt Baumgarten held a public meeting in July 2021 and scored the marihuana license applications that were submitted to the City between June 15 and June 29, 2020, based on the scoring criteria adopted by City Council.
Per the City’s ordinance, the appeals process was conducted by the Council-appointed Hearing Officer where applicants had an opportunity to challenge their scores.
Following the appeal hearings, the Hearing Officer submitted his recommendations for a decision to the City Council.
City Council reviewed the recommendations of the appeals hearing officer filed by 21 appellants making the applicants’ scores now final.
Official Merit Scoring Results At the January 18, 2022, meeting, City Council reviewed the recommendations of the appeals hearing officer filed by 21 appellants making the applicants’ scores now final.
Official scores for all applicants can be reviewed here.
To see current applicants under Site Plan Review
Summary Sheet of Merit Scoring Results by the City Manager
Berkley, MI – February 22, 2022 – The Berkley City Council, took into account the recommendations of the appeals hearing officer, decided on the administrative appeals filed by 21 marihuana business license applicants appealing the City Manager’s scoring of their license applications, making the applicants’ scores now final.
The City Council’s decisions on the appeals resulted in the number one and two applicants ranked and a three-way tie for the third position. This decision is important because the City Code limits the number of licenses the City may issue (up to three marihuana business locations).
At the February 7, 2022, meeting, the Council considered its options and reviewed all potential options for addressing the three-way tie with the City administration and the City attorney. Council instructed staff to prepare an ordinance to update the number of allowable licenses to five from three. The first reading of the ordinance update will likely come before Council for consideration at their March 7th Regular meeting.
Official scores for all applicants can be reviewed here.
Current steps in the process at this time include the City Manager referring the top two ranked applicants to the Berkley Planning Commission for site plan review**.
**Applicants that are tied at the third-highest scoring position, have been cautioned that proceeding to site plan review at this time will be at the applicant’s own risk and expense.
A Quick Synopsis
City Manager Matt Baumgarten held a public meeting in July 2021 and scored the marihuana license applications that were submitted to the City between June 15 and June 29, 2020, based on the scoring criteria adopted by City Council.
Per the City’s ordinance, the appeals process was conducted by the Council-appointed Hearing Officer where applicants had an opportunity to challenge their scores.
Following the appeal hearings, the Hearing Officer submitted his recommendations for a decision to the City Council.
City Council reviewed the recommendations of the appeals hearing officer filed by 21 appellants making the applicants’ scores now final.
Berkley, MI – January 4, 2022 – The Marihuana Hearing Officer, Gregory K. Need, completed another round of recommendations to City administration, City Council, and prospective Marihuana business applicants after holding another Marihuana Business Licensing appeal hearings for the applicant PMA20-0002 (also known as Bud McCool).
This recommendation comes after the City Manager, Matt Baumgarten, held a second public meeting in November 2021 to specifically address Hearing Officer Need’s previous direction to the administration which was to re-score Bud McCool’s application. Subsequently, the applicant submitted their permitted appeal to the Hearing Officer once more.
The appeal hearing took place in early December 2021. As with the previous appeal hearings, the applicant was able to speak and rebut their scores and City administrators answered any questions the Hearing Officer had. Need reviewed all written and verbal statements and made an updated recommendation to all parties which can be found here. Need is recommending the Council uphold the scoring of PMA20-000-002 (Bud McCools). They received a score of 281.
The next step includes the recommendation from the Hearing Officer to be considered at a regular meeting of the City Council (Tentatively scheduled for the beginning of the new year, 2022).
**In order to ensure that all processes are complete and without complication, the appeal process will take place before any development plans can be submitted for site plan review by the Planning Commission.
Berkley, MI – December 6, 2021 – Berkley City Manager conducted a scoring hearing for application PMA20-0002 (also known as Bud McCool’s) on Friday, November 12, 2021, at 10 AM at City Hall (3338 Coolidge Hwy).
At the appeals hearing, the applicant will be able to speak and rebut their scores and City administrators will answer any questions the Hearing Officer may have. The public is also welcome to attend. Following the hearing, Hearing Officer Need will review all written and verbal statements and make an updated recommendation to all parties.
The next steps are as follows:
December 2021 to January/February 2022 (Tentative Schedule)**
Appeals Hearing to be held by the Hearing Officer on December 10, 2021.
Recommendation from Hearing Officer due to City Council, City administration, and prospective Marihuana business license applicants.
Recommendations from the Hearing Officer will be considered at a regular meeting of the City Council (Tentatively scheduled at the beginning of the new year, 2022).
**In order to ensure that all processes are complete and without complication, the appeal process will take place before any development plans can be submitted for site plan review by the Planning Commission.
Berkley, MI – November 8, 2021 – Berkley’s Marihuana Hearing Officer, Gregory K. Need, has completed his recommendation to City administration, City Council, and the prospective Marihuana business applicants after holding Marihuana Business Licensing appeal hearings in September 2021.
The appeal hearings were held after City Manager Matt Baumgarten held a public meeting to score all marihuana license applications that were submitted to the City between June 15 and June 29, 2020.
At the appeal hearings, applicants were able to speak and rebut their scores and City administrators answered the Hearing Officer’s questions. Following the hearings, Hearing Officer Need reviewed all written and verbal statements and made a recommendation to all parties at the end of October. A summary of the recommendations can beviewed here.
Marihuana business license applicants have the option to appeal the scoring of PMA20-0002.
City response regarding the re-scoring application is due to the Hearing Officer.
Appeals Hearing to be held by the Hearing Officer (if applicable).
Recommendation from Hearing Officer due to City Council, City administration, and prospective Marihuana business license applicants.
Public Hearing regarding the Hearing Officer’s recommendation to be held at City Council Meeting (Tentatively scheduled in January 2022).
**In order to ensure that all processes are complete and without complication, the appeal process will take place before any development plans can be submitted for site plan review by the Planning Commission.
What Has the City Done Thus Far?
(February 2019) Conducted a City-wide survey and Informational Town Hall Meeting on whether the City of Berkley should allow for medical and recreational marihuana businesses.
(June 2019) City Council approved a temporary extension to “opt-in” at the end of the year and to begin accepting applications for recreational and medical marihuana businesses.
(August - September 2019) Planning Commission reviewed the zoning map and ordinance language to permit medical and recreational marihuana businesses to operate within the City.
(December 2019) City Council voted to approve licensing and zoning ordinances effectively allowing marihuana business in the City of Berkley.
(February 2020) City Council approved and adopted the merit point evaluation system for marihuana business licenses in Berkley.
(March 2020) The marihuana business license application submission process opened.
(May 2020) The marihuana business license application submission process re-opened due to the onset of the COVID-19 pandemic.
(September 2020) Scoring results were released on September 29, 2020, posted on the City’s website, and notification was sent to the applicants. Pursuant to the ordinance, the 3 highest-scoring applicants were to be recommended by the City Manager.
(November 2020) Administrative appeals were filed by most applicants who did not agree with the initial scoring of their application. City Council appointed a hearing officer to preside over the appeals and make a report and recommendation to City Council in accordance with the ordinance.
(December 2020) Litigation ensued thereafter, and, on the day the administrative appeal hearings were scheduled to begin, the Circuit Court entered a preliminary injunction suspending the City’s administrative appeal and licensing process.
(July 2021) City moved forward with the marihuana licensing application process after pending litigation in the County Circuit Court concluded and the preliminary injunction by the said court was lifted. Berkley City Manager Matt Baumgarten held a public meeting and scored the marihuana license applications that were submitted to the City between June 15 and June 29, 2020, based on the scoring matrix criteria adopted by City Council.
(September 2021) Marihuana Business Licensing Appeals
The City of Berkley will be moving forward to the Marihuana Business Licensing Appeal Hearings.
Public Notice Details A meeting to conduct Marihuana Business Licensing appeals has been scheduled for 1:15 PM on Wednesday, September 15, 2021 inside the City Council Chambers at City Hall, 3338 Coolidge Highway, Berkley, Michigan 48072. (248) 658-3300.
A meeting to conduct Marihuana Business Licensing appeals has been scheduled for 1:15 PM on Thursday, September 16, 2021 inside the City Council Chambers at City Hall, 3338 Coolidge Highway, Berkley, Michigan 48072. (248) 658-3300.
A meeting to conduct Marihuana Business Licensing appeals has been scheduled for 8:15 AM on Friday, September 17, 2021 inside the City Council Chambers at City Hall, 3338 Coolidge Highway, Berkley, Michigan 48072. (248) 658-3300.
A meeting to conduct Marihuana Business Licensing appeals has been scheduled for 1:15 PM on Monday, September 20, 2021 inside the City Council Chambers at City Hall, 3338 Coolidge Highway, Berkley, Michigan 48072. (248) 658-3300.
To view the Public Notice and Schedule, click here.
(July 2021) City of Berkley Moves to the Appeals Portion of the Marihuana Application Process
Berkley, MI – July 19, 2021 – On Wednesday, July 14, 2021, Berkley City Manager Matt Baumgarten held a public meeting and scored all marihuana license applications that had been submitted to the City between June 15 and June 29, 2020, based on the scoring matrix criteria adopted by City Council.
The public meeting was held in accordance with the Open Meetings Act and after pending litigation in the Oakland County Circuit Court had concluded.
Two lawsuits were filed by various license applicants in December 2020 which resulted in a preliminary injunction requiring the City to suspend and postpone any further processing of the marihuana business license applications until the Court made further rulings on the claims made. The City filed motions to dismiss the lawsuits, which the Court granted in part, allowing the City to resume its intended marihuana business licensing process.
Next Steps Per the City’s adopted marihuana ordinance, all applicants aggrieved by their unofficial scores have the option to appeal their scores and plead their case before a Hearing Officer who has been retained by the City at the direction of the City Council. The dates and times for the appeals have not yet been scheduled.
In order to ensure that all processes are complete and without complication, the appeal process will take place before any plans can be submitted for site plan review by the Planning Commission.
The unofficial scores and public meeting video can be found on the City’s website and YouTube channel.
Berkley, MI – July 8, 2021 – The City of Berkley will be moving forward with the marihuana licensing application process now that pending litigation in the Oakland County Circuit Court has concluded and the preliminary injunction by the said court has been lifted.
Two lawsuits were filed by various license applicants in December 2020 which resulted in a preliminary injunction requiring the City to suspend and postpone any further processing of the marihuana business license applications until the Court made further rulings on the claims made. The City filed motions to dismiss the lawsuits, which the Court granted in part, allowing the City to resume its intended marihuana business licensing process.
What Does This Mean? The City’s approach and process to the marihuana business license application was developed and adopted in accordance with the MI Regulation and Taxation of Marihuana Act (MRTMA) but most importantly, with community and stakeholder input designed to yield the best applicants for Berkley.
Per the City’s adopted marihuana ordinance, the City Manager will score the marihuana business license applications based on the scoring matrix criteria adopted by City Council. The scoring meeting with the City Manager will take place on Wednesday, July 14, 2021, at 10 AM in City Hall (3338 Coolidge Hwy. Berkley MI, 48072).
What Has the City Done Thus Far?
(February 2019) Conducted a City-wide survey and Informational Town Hall Meeting on whether the City of Berkley should allow for medical and recreational marihuana businesses.
(June 2019) City Council approved a temporary extension to “opt-in” at the end of the year and to begin accepting applications for recreational and medical marihuana businesses.
(August - September 2019) Planning Commission reviewed the zoning map and ordinance language to permit medical and recreational marihuana businesses to operate within the City.
(December 2019) City Council voted to approved licensing and zoning ordinances effectively allowing marihuana business in the City of Berkley.
(February 2020) City Council approved and adopted the merit point evaluation system for marihuana business licenses in Berkley.
(March 2020) The marihuana business license application submission process opened.
(May 2020) The marihuana business license application submission process re-opened due to the onset of the COVID-19 pandemic.
(September 2020) Scoring results were released on September 29, 2020, posted on the City’s website, and notification was sent to the applicants. Pursuant to the ordinance, the 3 highest-scoring applicants were to be recommended by the City Manager.
(November 2020) Administrative appeals were filed by most applicants who did not agree with the initial scoring of their application. City Council appointed a hearing officer to preside over the appeals and make a report and recommendation to City Council in accordance with the ordinance.
(December 2020) Litigation ensued thereafter, and, on the day the administrative appeal hearings were scheduled to begin, the Circuit Court entered a preliminary injunction suspending the City’s administrative appeal and licensing process.
Berkley, MI – September 29, 2020 – The City’s internal Marihuana policy team has completed the evaluation process for selecting the top three applicants to move forward for approval in the Marihuana business licensing process in Berkley.
Over the past 90 days, City staff has been hard at work evaluating the thirty (30) submitted applications from competitive Marihuana applicants seeking to set up shop as the first of their kind in Berkley. The City’s evaluation process consisted of multiple phases including a completeness check and resubmission period, a review of the applications to ensure pass-fail requirements are met, and the final merit scoring which determined the ranking of applications.
The publication of the merit point scores and status for all Marihuana business license applications is now available on the City’s website. The status document includes the final merit score tabulations for all applications, along with their status as applicants.
“We are very excited to get to this point in the licensing process, which has ultimately been about a year and a half in the making,” said Dan Hill, Public Policy Assistant. “The Marihuana policy team has been diligent to ensure the process was consistent and fair to all applicants, and for it to yield upstanding business developments our community expects in the commercial corridors."
Following the release of the merit-point scores and all of the applicants’ status, the top three applicants will move forward to request Site Plan Approval from the Planning Commission. Upon Site Plan Approval, the applicants will move forward to City Council for the final Local Licensing Approval.
For the final scoring results and to stay up-to-date with the Marihuana business license approval process, visit berkleymich.org/marihuana.
Berkley, MI – September 10, 2020 – The City’s internal Marihuana policy team has been hard at work reviewing applications for Marihuana business licenses in Berkley.
Since the application submission period closed on June 29, 2020, City staff have conducted application completeness checks and reviewed the applications for the pass-fail requirements.
“Our team has invested a considerable amount of time and energy over the last two months in order to make sure the application review process runs smoothly,” said Matt Baumgarten, City Manager. “Staff is devoted to ensuring that the selected licensees fit the community’s vision for this new industry.”
The Marihuana policy team has now begun the final phase of the City’s merit point-scoring using the evaluation point system approved by City Council earlier this year. The publication of the merit point scores and status for all Marihuana business license applications will be available on September 29, 2020, on the City’s website.
Following the release of the merit-point scores and all of the applicants’ status, the top three applicants will move forward to request Site Plan Approval from the Planning Commission. Upon Site Plan Approval, the top three applicants will move forward to City Council for the final Local Licensing Approval.
The City would also like to acknowledge the rumors of licenses already being issued to applicants and share with the community that no Marihuana business licenses have been issued at this time. Licenses will not be fully issued until final approval is given by City Council as stated in the procedure above.
For more information and to stay up-to-date with the Marihuana business license application process, visit berkleymich.org/marihuana.
Berkley, MI – May 18, 2020 – The City’s internal marihuana policy team has been hard at work crafting an updated process for opening the application period for marihuana business licenses in Berkley.
The City of Berkley initially planned to open the application process at the beginning of March and close it at the end of the month. Due to the onset of the COVID-19 pandemic and sudden measures implemented by the State and local levels, this prevented the original process from moving forward as expected.
“We are very excited to get the application process back up and running,” stated Dan Hill, Berkley’s Public Policy Assistant. “After postponing the last process, the policy team ultimately began looking at how we could continue our process while increasing safety and finding ways to limit potential exposure to health concerns.”
In order to limit in-person contact and protect the health of staff, applicants, and their families, the City has adjusted the marihuana submission process. Applicants may submit their application materials either by certified postage or by using the City Hall secure dropbox (3338 Coolidge Hwy. Berkley MI, 48072).
Within their submission, applicants must include:
Three identical flash drives;
A signed original of the application;
Payment of the application fees
The marihuana business license process is scheduled to begin Monday, June 15, 2020, and will conclude Monday, June 29, 2020. All applications submitted by mail must be postmarked no later than the deadline.
For full information on the policies governing the City of Berkley’s marihuana business license process and how you can apply for one of three total licenses, visit our marihuana webpage at berkleymich.org/marihuana.
Berkley, MI – February 14, 2020 – On February 3, 2020, City Council approved and adopted the merit point evaluation system for marihuana business licenses in Berkley. The criterion for the merit point evaluation system was established in order to create a fair and competitive process, that will yield the best applicants to receive the City’s three marihuana business licenses.
City staff has completed and published the marihuana business license application on the Berkley webpage at www.berkleymich.org/marihuana.
City staff will be hosting an informational meeting for marihuana developers on Friday, March 6, 2020, at 2 PM on the second floor of the Public Safety Building located at 2395 Twelve Mile Road, where staff will provide a procedural overview for those interested in applying for marihuana licenses, as well as, answer any questions developers still have.
Following the informational meeting, important dates/times to note are:
March 16, 2020, at 10:00 AM – Submission period for Marihuana Business License Applications open
March 30, 2020, at 4:00 PM – Submission period for Marihuana Business License Applications close
Applications are to be submitted to the Community Development Department in City Hall, 3338 Coolidge Highway. Additionally, in order to provide adequate services to everyone in the community, marihuana business license applications will only be accepted during normal business days between the hours of 10 AM and 4 PM with City Hall’s regular lunch closure from 1 PM to 2 PM.
Here's the latest update on the City Council's plan to allow for medical and recreational marihuana businesses to operate within the City of Berkley (and yes, we intentionally spell it with an "h").
On Tuesday, August 27th, the Planning Commission was presented with draft zoning ordinance language which effectively adds marihuana business uses to the zoning districts within the City of Berkley. The Planning Commission reviewed the ordinance language. They suggested changes to the language and were interested in more regulation than had been proposed.
The Planning Commission set a public hearing on the proposed zoning ordinance change for September 24, 2019. In the meantime, City staff will be working with the City Attorney to review and revise the ordinance language to incorporate recommendations from the Planning Commission.
After the public hearing, the Planning Commission will make a recommendation to the City Council. The Council will have two readings of the proposed zoning ordinance. The Council will have final authority whether or not to adopt the ordinance.
(June 2019) City of Berkley Plans to Accept Marihuana Applications in 2020
The Berkley City Council took the first steps Monday toward approving a temporary extension that will effectively “opt in” Berkley at the end of the year to begin accepting applications for recreational and medical marihuana businesses.
The extension prevents marihuana businesses from opening in Berkley before an adequate regulatory framework is put into place. Initially, the City Council understood the State of Michigan did not plan to accept recreational marihuana applications before December 2019. However, Gov. Gretchen Whitmer has accelerated the review process and recently announced the State plans to accept applications as early as September 2019.
The City Council approved a first reading of the ordinance extension at the June 17th meeting. A second and final reading of the ordinance is scheduled for the July 1st meeting. If the City Council did not approve a temporary extension, the State may begin to issue licenses for marihuana businesses, within 90 days of application, which under the City’s current zoning regulations may locate wherever commercial businesses are permitted in the City.
By agreeing to the extension, Berkley Mayor Dan Terbrack said the City is on track to accept applications beginning in January 2020.
“Our intent is to permit marihuana facilities in the City of Berkley,” Mayor Terbrack said. “This extension will provide us with the additional time needed to make sure we have the proper tools in place to ensure these businesses operate successfully in a way that promotes public safety and upholds our community character and values, that our residents are comfortable with.”
City Manager Matt Baumgarten also presented the City Council with two draft ordinances that address licensing and zoning requirements for marihuana facilities. The City Council held a town hall meeting and conducted several surveys before moving ahead with its decision to allow recreational and medical marihuana facilities. The City’s website has a page dedicated to the topic.
(February 2019) Watch Town Hall Meeting on Recreational Marihuana
Click below to watch a video of the February 19th Special City Council Informational Town Hall Meeting on whether the City of Berkley should allow recreational marihuana businesses.
(February 2019) Take an Online Survey on Recreational Marihuana
Want to share your views about recreational marihuana businesses and whether they should be allowed in the City of Berkley? Click hereto complete an online survey that will be available until February 26th.
In addition to the survey, Berkley City Councilmembers are holding a special town hall meeting on Tuesday, February 19, 2019, from 6:30 pm until 8 pm at the Community Center, 2400 Robina Avenue. Christopher Johnson, General Counsel for the Michigan Municipal League, will provide updates from Lansing and participants will be able to identify potential locations for recreational marihuana businesses if they are allowed.
(November 2018) Berkley Council Postpones Action on Proposed Marihuana Ordinance
The City Council and city administrators received a number of inquiries regarding how a proposed ordinance for marihuana establishments might be implemented in the City of Berkley. Council members felt more time was needed to understand state policies and other requirements before taking further action. This is a challenge because the state has not begun developing its procedures.
City Attorney John Staran noted that unlike the current Michigan Medical Marihuana Facilities Licensing Act that allows medical marihuana facilities to obtain a state license only in municipalities that have expressly elected to “opt-in” by ordinance, the Michigan Regulation and Taxation of Marihuana Act approved by state voters in November is written to do the opposite. Municipalities must “opt out” by ordinance to prohibit marihuana establishments.
“It is not unusual for a municipality when faced with a new proposed land use to adopt an ordinance or a moratorium,” Staran said. “Time is needed to fully vet the situation and determine what’s in the best interest of the City.”
Berkley Mayor Dan Terbrack added, “Part of our role is to make sure we’re acting in the best interest of the City. If we had a very clear set of standards on how to regulate these establishments in terms of the number of licenses and how they’ll operate, we could have a much more robust conversation. We still have a couple of years before the state finalizes its process.”
As such, the proposed ordinance will not be discussed at the December 3rd City Council meeting.