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§ 156.03 RETAIL REGISTRATION.
   (A)   Retail registration required. Before making retail sales to customers or patients, an applicable cannabis business must register with the city, town, or county in which the cannabis business is located.
   (B)   Applications.
      (1)   An application for a license shall be made on a form provided by the city.
      (2)   This application shall include:
         (a)   The name, residence, phone number and birth date of the applicant, if an individual; and if a corporation, partnership, limited liability corporation (LLC) or similar entity, the names, residences, phone numbers and birth dates of those owners holding more than 10% of issued and outstanding stock of the corporation or ownership interest in a partnership, LLC, or similar entity;
         (b)   The names and addresses of all creditors of the applicant, owner, licensee or manager insofar as the same have furnished or extended credit for the purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business;
         (c)   A statement detailing each felony of which the manager, operator, lessee, and, for a corporation, the owners of more than 10% of the issued and outstanding stock of the corporation or ownership interest in a partnership, LLC, or similar entity, have been convicted, and whether the applicant has ever applied for or held a license to operate a similar type of business in other counties or
cities;
         (d)   The activities and type of cannabis business to be conducted;
         (e)   The address and legal description of the building, establishment, or premises where the cannabis business is to be located;
         (f)   A building plan of the premises detailing internal operations, outdoor operations if allowed, and activities, including a statement of total floor space occupied by the business;
         (g)   A description or building plan that details all proposed interior and exterior changes to an existing building or structure;
         (h)   Intended hours of operations;
         (i)   Provisions made to restrict access by minors;
         (j)   Security means set forth on the premises;
         (k)   The license fee as set forth by the City Council must accompany the application; and
         (l)   Each application shall contain a provision on the application in bold print stating that any withholding of information or the providing of false or misleading information will be grounds for
the denial or revocation of a retail registration. Any changes in the information provided on the application shall be reported to the City Clerk-Treasurer by the applicant or licensee. Failure to report
the changes by the applicant(s) or the licensee may result in the denial or revocation of the retail registration.
      (3)   Retail registration fees.
         (a)   The registration fee and renewal fee for a cannabis business retail registration shall be established by resolution of the City Council.
         (b)   Each application for registration shall be accompanied by payment in full of the required registration fee and/or renewal fee. All fees shall be paid at the time of application.
         (c)   All retail registration shall expire on the last day of December in each year. The initial registration fee includes the first year renewal fee. The renewal fee shall be charged beginning the second year renewal.
         (d)   No part of any fee paid as required by this section shall be refunded.
         (e)   No fee shall be prorated based on the length of registration.
      (4)   Granting of license. The city shall investigate all facts set out in the application. The City Clerk's Office shall approve or deny the retail registration within 30 days from the date the application was submitted. If the application is deficient, the City Clerk's Office shall act on the application within 60 days from the date that the deficiency has been corrected.
      (5)   Persons ineligible for retail registration. The city shall not grant a retail registration to, nor may one be held by, any person who:
         (a)   Is under 21 years of age;
         (b)   Is not the proprietor of the establishment for which the retail registration is issued;
         (c)   Has not paid the license and retail registration fees required by this section; or
         (d)   Has had cannabis business or similar permit or license revoked under an ordinance or statute similar to this section.
      (6)   Place ineligible for retail registration.
         (a)   No retail registration shall be granted for a cannabis business on any premises where a licensee has been convicted of a violation of this section, or where any license hereunder has been revoked for cause until one year has elapsed after the conviction or revocation.
         (b)   Except uses lawfully existing at the time of this section, no retail registration shall be granted for any cannabis business that does not meet all city ordinance requirements, all building and fire codes requirements and all provisions of state and federal law.
      (7)   Conditions of retail registration generally.
         (a)   The city shall issue the license to the applicant. The license shall not be transferred to another holder.
         (b)   The license shall be issued only for the premises or location described in the application. No license may be transferred to another location or place without the approval of the City Council.
         (c)   Every license shall be granted subject to the conditions of this chapter and all other provisions or any applicable city, state and federal law.
         (d)   The retail registration, if granted, shall state on its face the name of the licensee, the expiration date and the address of the business. All licensed premises shall have the retail registration posted in a conspicuous place at or near the entrance of the business so that it may be easily read at any
time.
         (e)   No minor shall be allowed in or on the premises of cannabis business.
         (f)   Every licensee shall be responsible for the conduct of its place of business and shall maintain conditions consistent with this section and all federal, state and local rules and regulations generally.
         (g)   The layout of the display areas shall be designed so that the management of the establishment and any law enforcement personnel inside the retail store can observe all patrons while they have access to any cannabis merchandise offered for sale or viewing including, but not limited to, books, magazines, photographs, video tapes or any other material.
         (h)   Illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.
      (8)   Inspection.
         (a)   Access. An applicant or licensee shall permit health officials, representatives of the Police Department, Fire Department, and other pertinent city officials to inspect the premises of any cannabis business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
         (b)   Refusal to permit inspections. A person who operates a cannabis business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by health officials, representatives of the Police Department, Fire Department, and other pertinent city officials at any time it is occupied or open for business. Refusal to permit inspections may result in the suspension, revocation or non-renewal of the license as provided in division (B)(9) below.
      (9)   Expiration, suspension, revocation or non-renewal of retail registration.
         (a)   Expiration. Each retail registration shall expire at the end of the calendar year and may be renewed only by making an application to the City Clerk's Office. Applications for renewal must be made at least 30 days before the expiration date.
         (b)   Suspension, revocation, or non-renewal. The city may revoke, suspend, or not renew a retail registration upon recommendation of the Police Chief and complaint to the Office of Cannabis Management that shows that the licensee, its owners, managers, operator, employees, agents or any other interested parties have engaged in any part of the following conduct:
            1.   Fraud, deception or misrepresentation about securing the license;
            2.   Knowingly permitted gambling by any person on the cannabis business premises. Knowingly operated the cannabis business during a period of time when the licensee's retail registration was suspended;
            3.   Demonstrated inability to operate or manage cannabis business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers;
            4.   Refused to allow an inspection of the cannabis business premises as authorized by this section; and
            5.   Conviction of a felony.
         (c)   Notice. A suspension, revocation, or non-renewal by the city shall be preceded by written complaint to the Office of Cannabis Management. The city shall also send a copy of the complaint to the licensee as notice. The notice may be served upon the licensee personally, or be sent
by United States Postal Service first-class mail.
(Ord. 105, passed 8-6-2024)
§ 156.04 SIGN RESTRICTIONS.
   The following sign regulations shall apply to all cannabis businesses in the city. These regulations are aside from any other provisions of the city's regulations.
   (A)   All signs shall be flat-wall-mounted signs. No signs shall be freestanding, located on the roof, or contain any flashing lights, moving elements or electronically or mechanical changing messages. Signs are permitted to be back-lighted in white light only.
   (B)   The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, not to exceed 50 square feet.
   (C)   No merchandise, photos, or pictures of the products on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the cannabis business is located.
   (D)   No signs shall be placed in any window. A two-foot square sign may be placed on the door to state the hours of operation and admittance to persons over 21 years of age only.
(Ord. 105, passed 8-6-2024)
§ 156.05 LOCATION OF CANNABIS BUSINESSES.
   The city shall permit cannabis businesses to be located only as specified in divisions (A) and (B), with a registration from the city, and subject to the following conditions.
   (A)   Cannabis businesses that are primarily used for manufacturing and cultivation must be within the Industrial Commercial Districts (I-1) zoned area.
   (B)   Cannabis businesses that are primarily used for retail operations must be within the Business Commercial Districts (C-1).
   (C)   No cannabis business shall be located closer than 1,000 feet from any school or 500 feet from any public park, day care, or residential treatment facility. Measurements shall be made in a straight horizontal line, without regard to city or county boundaries, intervening structures or objects, from the nearest point of the cannabis business property line to the nearest property line of the school, public park, day care, or residential treatment facility.
   (D)   No cannabis business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the cannabis business that is prohibited by any ordinance of city, the laws of the state or the United States of America.
   (E)   All cannabis businesses shall prominently display a sign at the entrance and located within two feet of the door opening device of the cannabis business or section of the establishment devoted to cannabis sales which states, in letters no smaller than one inch in height: "No persons under 21 allowed."
   (F)   No cannabis business with on-site consumption shall be open to the public:
      (1)   Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; and
      (2)   After 1:00 a.m. on Sunday except as provided below.
   (G)   No cannabis business with retail sales shall be made:
      (1)   Between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday, nor after 2:00 a.m. on Sunday;
      (2)   On Thanksgiving Day;
      (3)   On Christmas Day, December 25; or
      (4)   After 8:00 p.m. on Christmas Eve, December 24.
   (H)   Nonconforming uses. No cannabis business shall be expanded or enlarged except in conformity with the provisions of this section and all zoning regulations.
(Ord. 105, passed 8-6-2024)
§ 156.99 PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
   (B)   All persons violating any provision regarding retail registration shall be punished by a civil penalty of not more than $2,000 for each violation of this chapter.
(Ord. 105, passed 8-6-2024)