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5.10.010   Definitions.
   Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34-20G-1.
   "Applicant" means an individual or entity, or any principal, partner, officer, director, owner or member of an entity that applies for a cannabis establishment license.
   "Cannabis (or Marijuana)" means all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
   "Cannabis Cultivation Facility", in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
   "Cannabis Dispensary", in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that is a retail type 1 setting and acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
   "Cannabis Establishment" means cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary.
   "Cannabis Product Manufacturing Facility", in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
   "Cannabis Products" means any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
   "Cannabis Testing Facility", in addition to the definition in SDCL 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
   "License Holder" means a cannabis establishment that possesses a license under this chapter to operate the cannabis establishment for which the license was issued.
   "Public or Private School" means any preschool, elementary school, middle school, secondary school, or high school. The term also includes any daycare or childcare center.
   "Unlicensed Cannabis Establishment" means an entity that would otherwise meet the definition of a cannabis establishment, but which is not legally licensed by the City of Custer and does not have a current and valid registration certificate issued by the South Dakota Department of Health. (Ord. 873 (part), 2022: Ord. 858 (part), 2021)
5.10.020 License required.
   No cannabis establishment may be located or operate in the city without the appropriate valid and current cannabis establishment license issued by the city pursuant to this chapter. A violation of this provision is subject to the general penalty provision in Chapter 1.04. Each day of the violation constitutes a separate offense.
   Additionally, no cannabis establishment may be located or operate in the city without the appropriate valid and current cannabis establishment registration certificate issued by the South Dakota Department of Health pursuant to rules promulgated under SDCL 34-20G. A violation of this provision is subject to the general penalty provision in Chapter 1.04. Each day of the violation constitutes a separate offense. (Ord. 873 (part), 2022: Ord. 858 (part), 2021)
5.10.030 License application.
   An application for a cannabis establishment license must be made on a form provided by the city. No other application form will be considered.
   The applicant must submit the following:
   A.   A non-refundable fee as set by resolution within the fee schedule.
   B.   An application that will include, but is not limited to, the following:
   1.   The legal name of the prospective cannabis establishment.
   2.   The physical address of the prospective cannabis establishment that meets the zoning requirements in the zoning district where the prospective cannabis establishment has applied or applies.
   3.   The name and birth date of each principal officer, owner, and board member of the proposed cannabis establishment.
   4.   Any additional information requested by the city.
   C.   Proof of a valid and current registration certificate issued by the South Dakota Department of Health.
   Each principal officer, owner, and board member of the cannabis establishment must meet the qualifications of a license holder. (Ord. 873 (part), 2022: Ord. 858 (part), 2021)
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