(a) No person may operate or cause to be operated an adult use cannabis dispensary without complying with the following requirements:
(1) The adult use cannabis dispensary shall be operated in accordance with all applicable laws, rules and regulations promulgated by the state.
(2) The parcel upon which the dispensary is operated shall not at the time the original dispensary license is issued be located within one thousand feet from any parcel on which sits a school, church, public library, public playground, recreation center, city owned building or property, or five hundred feet from any residential property and not within one-half mile of any adult use cannabis dispensary or public park.
(3) Consultations by medical professionals shall not be a permitted at a dispensary, unless the patron already has a recommendation for adult use cannabis prior to entering the dispensary.
(4) Signs shall be posted on the outside of the dispensary and shall only contain the name of the business, limited to two colors.
(5) The dispensary shall operate only between the hours of 7:00 a.m. and 9:00 p.m., seven days a week.
(6) The use of any vending machine which allows access to adult use cannabis is prohibited. For purposes of this subsection (a)(6), a vending machine is any device which allows access to adult use cannabis without a human intermediary.
(7) The premises of every adult use cannabis dispensary shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five foot-candles as measured at floor level.
(8) No adult use cannabis dispensary shall be operated in any manner that permits the observation from outside the premises of any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.
(9) Any material change to information provided in the licensee's application including, but not limited to, changes to the security plan must be promptly communicated, in writing, to the Director.
(10) If, at any time, the licensee is subject to any enforcement action by the state, the licensee shall immediately notify the Director and shall provide any relevant information or documentation requested by the Director.
(11) If, at any time, the licensee has a reasonable belief that an actual loss, theft or diversion of adult use cannabis or currency worth or amounting to more than one hundred dollars ($100.00) has occurred, the licensee shall immediately notify the Director, and in any event such notification shall be provided no later than twenty-four hours after discovery of the loss, theft or diversion.
(b) Except as otherwise provided in this paragraph, any person who violates subsection (a) hereof, or any person who operates an adult use cannabis dispensary and permits a violation of subsection (a) hereof on the premises, shall be guilty of a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (a) hereof, a violation of subsection (a) of this section will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of subsection (a) of this section, a violation of subsection (a) hereof will be considered a misdemeanor of the first degree.
(Ord. 11373-2023. Passed 12-19-23.)