(A) After 365 days following the effective date of this chapter, the City Council may, pursuant to the procedures set forth in the State Government Code and the City Municipal Code and without prior approval of the electorate, amend this section, by the adoption or amendment of one or more ordinances to provide for the issuance of retail cannabis business permits in addition to those retail cannabis business permits issued under § 128.06, provided that such ordinance or amendment is adopted by a two-thirds vote of the entire membership of the City Council and meets the following minimum standards:
(1) The number of retail cannabis business permits for retailers based within the city issued pursuant to this section shall be no more than three;
(2) The number of retail cannabis business permits for retailers (including commercial cannabis businesses engaged in retail sales) based outside the city to engage in delivery within the city issued pursuant to this section shall be zero;
(3) At least one of the retail cannabis business permits for retailers based within the city issued pursuant to this section shall be issued to a social equity applicant;
(4) A cannabis retailer with a retail cannabis business permit issued pursuant to this section shall not be located on property within (1) 600 feet of a school, day-care, or youth center, (2) 50 feet of a dwelling unit within a residential zone, or (3) 2,000 feet of another cannabis retailer;
(5) All distances specified in this section shall be measured in the following manners:
(a) For schools, day-care, youth centers, or cannabis retailers, the distance shall be measured in a straight line from the subject property line to the closest property line of the lot on which the cannabis retailer is to be located without regard to intervening structures.
(b) For determining distance to dwelling units within residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit on the lot on which the cannabis retailer is to be located without regard to intervening structures.
(6) A cannabis retailer may only be located on property zoned Industrial (I) or Industrial-Commercial (I-C);
(7) Retail cannabis business permits for retailers based within the city issued pursuant to this section shall be awarded through a merit-based process in which the Chief Executive Officer and/or City Council shall review and score applications pursuant to objective review criteria; and
(8) Cannabis retailers based within the city issued retail cannabis business permits pursuant to this section shall comply with the requirements set forth in this chapter, Title XV of the City Municipal Code, MAUCRSA, and all other applicable state and local laws, rules, and regulations.
(B) The maximum number of retail cannabis business permits issued for cannabis retailers based within the city or outside the city (including commercial cannabis businesses engaged in retail sales) issued pursuant to this section may not be amended by the City Council or regulations promulgated by the Chief Executive Officer pursuant to this chapter. However, the City Council may and shall increase the maximum number of retail cannabis business permits issued for retailers based within the city or outside the city (including commercial cannabis businesses engaged in retail sales) if ordered to do so by a court of competent jurisdiction as a judicial remedy.
(Ord. 1501, passed 4-5-23)