Mich. Admin. Code R. 420.209

Current through Vol. 24-19, November 1, 2024
Section R. 420.209 - Security measures; required plan; video surveillance system

Rule 9.

(1) An applicant for a marihuana license to operate a proposed marihuana business shall submit a security plan that demonstrates, at a minimum, the ability to meet the requirements of this rule.
(2) A licensee shall ensure that any person at the marihuana business, except for employees of the licensee, are escorted at all times by the licensee or an employee of the licensee when in the limited access areas and restricted access areas at the marihuana business.
(3) A licensee shall securely lock the marihuana business, including interior rooms as required by the agency, windows, and points of entry and exits, with commercial-grade, nonresidential door locks or other electronic or keypad access. Locks on doors that are required for egress must meet the requirements of NFPA 1, local fire codes, and the Michigan building code, R 408.30401 to R 408.30499.
(4) A licensee shall maintain an alarm system at the marihuana business. Upon request, a licensee shall make available to the agency all information related to the alarm system, monitoring, and alarm activity.
(5) A licensee shall have a video surveillance system that, at a minimum, consists of digital or network video recorders, cameras capable of meeting the recording requirements in this rule, video monitors, digital archiving devices, and a color printer capable of delivering still photos.
(6) A licensee shall ensure the video surveillance system does all the following:
(a) Records, at a minimum, the following areas:
(i) Any areas where marihuana products are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the marihuana business.
(ii) Limited access areas and security rooms. Transfers between rooms must be recorded.
(iii) Areas storing a surveillance system storage device with not less than 1 camera recording the access points to the secured surveillance recording area.
(iv) The entrances and exits to the building, which must be recorded from both indoor and outdoor vantage points.
(v) The areas of entrance and exit between marihuana businesses at the same location if applicable, including any transfers between marihuana businesses.
(vi) Point of sale areas where marihuana products are sold and displayed for sale.
(vii) Areas where marihuana or marihuana products are destroyed.
(b) Records images effectively and efficiently of the area under surveillance with a minimum of 720p resolution.
(7) A licensee shall ensure that each camera is permanently mounted and in a fixed location. Each camera must be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the marihuana business and allows for the clear and certain identification of any person, including facial features, and activities, including sales or transfers, in all areas required to be recorded under these rules.
(8) A licensee shall have sufficient lighting to meet the video surveillance system requirements of this rule.
(9) A licensee shall have cameras that record when motion is detected at the marihuana business and record images that clearly and accurately display the time and date.
(10) A licensee shall secure the physical media or storage device on which surveillance recordings are stored in a manner to protect the recording from tampering or theft.
(11) A licensee shall keep surveillance recordings for a minimum of 30 calendar days, except in instances of investigation or inspection by the agency in which case the licensee shall retain the recordings until the time as the agency notifies the licensee that the recordings may be destroyed.
(12) Surveillance recordings of the licensee are subject to inspection by the agency and must be kept in a manner that allows the agency to view and obtain copies of the recordings at the marihuana business immediately upon request. The licensee shall also send or otherwise provide copies of the recordings to the agency upon request within the time specified by the agency.
(13) A licensee shall maintain a video surveillance system equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance system storage device.
(14) A licensee shall maintain a log of the recordings, which includes all of the following:
(a) The identity of the employee or employees responsible for monitoring the video surveillance system.
(b) The identity of the employee who removed any recording from the video surveillance system storage device and the time and date removed.
(c) The identity of the employee who destroyed any recording.
(15) The requirements of this rule do not apply to the following license types under the MRTMA:
(a) A designated consumption establishment applicant or licensee.
(b) A marihuana event organizer applicant or licensee.
(c) A temporary marihuana event applicant or licensee.

Mich. Admin. Code R. 420.209

2020 AACS; 2022 MR 5, Eff. 3/7/2022