(A) Certificate of compliance required. It shall be unlawful for any person, persons, or other business entity to operate as a commercial medical marijuana dispensary, commercial medical marijuana grower, commercial medical marijuana manufacturer, or commercial medical marijuana processor within the corporate limits of the city without first having obtained a certificate of compliance, annually renewable July 1 of every year, from the Community Development Department, therefore as provided herein. The fees for the certificate required hereunder shall be established by ordinance of the City Council.
(B) Inspection. An inspection of the proposed medical marijuana business by the Director of Community Development or the Director of Community Development’s designee(s) shall be required prior to issuance of a certificate of compliance. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any medical marijuana, and prior to the opening of the business to any patients or the public. The inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted and the applicable requirements of the code and any other applicable law, rule, or regulation.
(C) Additional licenses and permits may be required. The permit requirements set for in this subchapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law, including, by way of example, any applicable building permit.
(D) Permit does not provide any exception, defense, or immunity from other laws. The issuance of any permit pursuant to this subchapter does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.
(E) Separate certificate of compliance required for each location. A separate certificate of compliance shall be required for each premise from which a commercial medical marijuana business is operated. Except as specifically provided in this subchapter, no two or more different commercial medical marijuana businesses may be treated as one premise.
(F) Certificate nontransferable. A certificate of compliance that has been issued by the Community Development Department for medical marijuana is nontransferable. A commercial medical marijuana business certificate of compliance is not transferable or assignable, including, without limitation, not transferable or assignable to a different premise, to a different type of business, or to a different owner or certificate holder. A commercial medical marijuana business certificate of compliance is valid only for the owner named thereon, the type of business disclosed on the application for the certificate, and the location for which the certificate is issued. The certificate holder of a commercial medical marijuana certificate of compliance are only those persons disclosed in the application or subsequently disclosed to the city in accordance with this subchapter.
(G) Ventilation, fire, and life safety requirements. In addition to state and local building and fire codes, the following requirements shall be enforced.
(1) Ventilation.
(a) A plan for ventilation of all medical marijuana facilities that describes the ventilation systems that will be used to prevent any odor of marijuana off the premises of the establishment must be submitted to the city. For retail and cultivation facilities, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.
(b) The required outdoor ventilation rate required for each retail marijuana establishment or a medical marijuana cultivation facility will be as follows:
1. For marijuana cultivation facilities, 125 square feet per person with a ventilation rate of 60 cubic feet per minute per person; and
2. For retail marijuana stores, the licensed premises for marijuana transporters, retail marijuana product manufacturing facilities, and retail marijuana testing facilities and medical marijuana testing facilities, 125 square feet per person, with rate of 15 cubic feet per minute per person.
(2) Fire separation requirements. For medical marijuana dispensaries, a minimum of a two-hour fire separation will be required between all medical marijuana dispensaries and any adjacent business; unless higher performance is required by applicable law.
(3) Automatic sprinkler systems. A Type 13 automatic sprinkler system will be required for all buildings containing medical marijuana cultivation, production, and/or storage with a fire area of 5,000 square feet or greater. The sprinkler system requirement may be waived by the Fire Marshal for buildings with a fire area of less than 10,000 square feet, if the building contains only noncombustible construction.
(4) Exterior electrical disconnect required. For all buildings containing medical marijuana cultivation, production, storage, or manufacturing, a NEMA Type 3 electrical disconnect will be required on the exterior of the building. The electrical disconnect must be labeled and in an accessible location.
(Prior Code, § 111.071) (Ord. 1867A, passed 3-10-2020) Penalty, see § 111.999