(a) Records of transactions. At the time of making a transaction, the licensee must provide a receipt to the customer and keep a copy thereof on the licensed premises. The record of the transaction must include the following:
(1) The name, address and telephone number of the licensed business;
(2) The date and time of the transaction;
(3) The signature or unique identifier of the licensee or employee that conducted the transaction;
(4) The full name, residence address, residence telephone number, and date of birth of the customer, noting the method of identification by one of the following:
(A) Current valid Minnesota driver’s license;
(B) Current valid Minnesota identification card; or
(C) Current valid photo driver’s license or identification card issued by another state.
(5) The signature of the customer.
(6) The type and amount of distributed, along with the amount and type of payment therefor accepted by the licensee.
(b) Hours of operation. No shall be open for the transaction of business on any day of the week before 7:00 a.m. or after 7:00 p.m.
(c) Security guards. During all hours of operation, there must be at least one licensed, uniformed security guard present and visible on the premises.
(1) Such guard(s) must be duly licensed by the State of Minnesota in a manner compliant with all applicable state and local laws.
(2) The presence and licensing of such guards must be verified by the operator(s), employee(s) or security guard(s) of such distribution facility, upon reasonable demand by any local, state or federal licensed peace officer.
(d) Closed circuit television surveillance system. Distribution facilities must operate and maintain in good working order a closed-circuit television (CCTV) surveillance system on its premises that operates 24 hours per day, seven days per week and visually records:
(1) All areas that might contain plant material or , including all safes and vaults;
(2) All points of entry and exit, including sales and clinic areas;
(3) The entrance to the video surveillance room and any parking lot, which must have appropriate lighting for the normal conditions of the area under surveillance.
(4) Cameras must capture clear and certain identification of any entering or exiting the distribution facility, have the ability to produce a clear, color still photograph either live or from a recording;
(5) Have an embedded date and time stamp on all recordings that must be synchronized and must not obscure the picture;
(6) And remain operational during a power outage.
(7) The CCTV system must be kept in a secure manner to prevent theft, loss, destruction, corruption or alteration.
(e) Video recording requirements.
(1) The CCTV system must export still images in an industry standard format.
(2) Exported video must be archived in a proprietary format that ensures authentication and guarantees that the recorded image has not been altered.
(3) Exported video must be saved in an industry standard file format that can be played on a standard computer operating system.
(4) All video recordings must be available for viewing upon request of the Bloomington Police Department, retained for at least 90 calendar days, maintained free of alteration or corruption and retained longer as needed if the distribution facility operator is given actual notice of a pending criminal, civil or administrative investigation or other legal proceeding for which the recording may contain relevant information.
(5) The video recordings must be kept in a secure manner to prevent theft, loss, destruction, corruption or alteration.
(6) All recordings must be erased or destroyed before disposal.
(f) Alarm system requirements. Distribution facilities must install and maintain a professionally monitored security alarm system that provides intrusion and fire detection of all entrances and exits, rooms with exterior windows, rooms with exterior walls, roof hatches, skylights, and storage rooms. The alarm system must remain operational during a power outage.
(g) Restricted access to the building. Distribution facilities must be equipped with an electronic controlled access that limits access to the building to authorized individuals, tracks personnel entry and exit times, locks down the distribution facility in the event of a security threat, stores data for retrieval, remains operational during a power outage and is capable of remote administration. Distribution facility operators must submit the controlled access system data to the Bloomington Police Department upon request.
(h) Building location. Distribution facilities must be located in a highly visible permanent building that is situated so that all public points of access to the distribution facility are visible from the street.
(i) Lighting. The distribution facility site must meet the lighting standards for retail and service oriented uses (see § 21.301.07).
(j) Inconspicuous displays. All displays of merchandise, interior signs and other exhibits must be situated so as to prevent public viewing from outside the facility.
(k) Exterior signage. Signs must not include images of cannabis or cannabis smoking paraphernalia, colloquial references to cannabis, names of cannabis plant strains, or medical symbols that bear a reasonable resemblance to established medical associations.
(l) Automated teller machine. Each distribution facility must have located in a secure area of the facility an automated teller machine available for use by customers.
(m) Inspection of items. The licensee must, at all times during the term of the license, allow the City Police Department or to enter the premises where the licensed business is located, during normal business hours and at all other reasonable times, for the purpose inspecting such premises, the record of all transactions conducted therein, including without limitation all shipping, packaging and inventory records and lists, as well as all items, ware, and merchandise therein for the purpose of verifying compliance with this Division L and applicable state laws.
(n) No paraphernalia or other merchandise. The licensee must restrict the business activity at the licensed premises to evaluation and education, and the sale of as defined herein along with delivery devices and supplies specifically required for the proper delivery of and no other product, such as, without limitation: other forms of marijuana, illegal drugs, or tobacco. All sales must be restricted to a enrolled in the under the with a qualifying medical condition or their registered designated caregiver, as defined in the .
(o) Maintenance of order. A licensee under this Division L shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
(p) Employees. No licensee under this Division L may employ any who is under 21 years of age or who has been convicted of a disqualifying felony offense. Each licensee must employ a validly licensed pharmacist(s) and provide proof of current licensure in good standing. Licensed pharmacists must be the only employee(s) to distribute .
(q) No consumption on premises. Under no circumstances shall a licensee permit any to consume on the licensed premises.
(r) Licensed premises. A license issued under this Division L is effective only for the compact and contiguous space or premises specified in the approved license application. A separate license is required for each place of business.
(s) Change in ownership. Any change, directly or beneficially, in the ownership of any licensed shall require the application for a new license and the new owner must satisfy all current eligibility requirements.
(t) Inactive license. Any licensed distributor who fails to conduct any transactions for a period of six consecutive months shall be sent by the a notice of hearing to show cause why the license should not be revoked by the City Council. At that hearing, the City Council shall determine the status of the licensee’s operations and if satisfactory proof of intent to conduct business under the license is not demonstrated by the licensee, the City Council may revoke the license.
(Ord. 2015-27, passed 10-19-2015)