Commission approves limited late‑night drive‑through hours for three approved marijuana retailers

The Muskegon City Commission on July 22 voted to amend the zoning ordinance to permit marijuana retailers and provisioning centers with approved drive‑through access to remain open for drive‑through sales only between 12 a.m. and 2 a.m.

Planning Director Mike Franzak told the commission the amendment was filed by the Grassy Knoll and that it had been revised from an earlier proposal to avoid unintentionally affecting other businesses. Franzak said the change applies only to businesses that have an approved drive‑through special land use permit; at present the city has three such locations with drive‑throughs (a bodega on Apple, Grassy Knoll on Lemuel Street, and Greencraft, under construction on Yonge Avenue).

Franzak said the Planning Commission recommended denial of the amendment by a 5–1 vote, but the city commission has discretion and could approve the change. Commissioner Kochan moved to approve the amendment, Commissioner Kyogo supported. The commission voted to approve the zoning change.

Commission debate touched on public safety and parity with alcohol sales; Commissioner Kilgo noted the drive‑through only change should reduce safety concerns compared with a full 24‑hour request the applicant had proposed earlier. City staff noted the city collects excise tax revenue from marijuana sales; Director Franzak said roughly 25% of the city’s marijuana excise tax — about $700,000 last year — goes to the Muskegon social equity program, with the remainder going to the general fund.

The Grassy Knoll co‑owner Janet Tomber addressed the commission, saying the business is locally owned and that the two extra hours would allow access for people who work late shifts and have otherwise limited options. She said the business takes measures to train staff and keep the site presentable and that it uses the site to support community employment.

Planning staff noted past compliance concerns unrelated to business hours and that special land use permits for drive‑throughs can be revoked if public safety issues arise. Because the vote was not unanimous across all seven commissioners, Franzak and the mayor noted the item will require a second reading and return to the commission for formal ordinance adoption consistent with the city’s process.

The motion approving the amendment passed; commissioners directed staff to proceed with the ordinance process required for the change to take effect after the required second reading and formal adoption.