(a) Any sale of marijuana to a qualifying patient shall be made in person, directly to the purchaser, within the restricted area of the marijuana dispensary. No sale shall be made by telephone, internet, or other means of remote purchase, nor shall home delivery be permitted. Delivery shall occur only in person to the purchaser at the time of purchase within the confines of the marijuana dispensary.
(b) Drive-in or drive-through sales shall not be permitted except as provided in subsection (i) herein.
(c) A marijuana dispensary must use a commercial-grade filtration system to mitigate the impact of odor at the premises.
(d) A marijuana dispensary shall post, in a visible location at its premises, contact information for local drug abuse treatment centers, and shall make available to patients upon request educational materials regarding the hazards of substance abuse.
(e) The interior and exterior of a marijuana dispensary shall be designed, constructed and maintained in a manner consistent with its purposes as dispensing a substance to address a condition. The interior and exterior shall never be maintained to appear or encourage illicit marijuana use and shall otherwise comply with the following regulations:
(1) There shall be no tinted or darkened windows on the marijuana dispensary.
(2) There shall be no moving, flashing or strobing signage or lighting in the interior or exterior of the marijuana facility.
(3) There shall be no loitering permitted at or near the entrance to the marijuana dispensary.
(f) A marijuana dispensary shall only be allowed as a permitted use within an M-3 District. A marijuana dispensary shall only be allowed as a conditional use within a B-1 District and subject to Chapter 1161 and 1165 of the Codified Ordinances of the City of Eastlake.
(g) The number and location of off-street parking spaces for the premises shall not be less than one space for every 200 square feet of gross floor space.
(h) No marijuana dispensary within an M-3 District shall be located within 5,000 feet of an existing marijuana dispensary whether medical marijuana, adult use marijuana or dual use marijuana. No medical dispensary within a B-1 District as a conditional use shall be located within 5,000 feet of an existing marijuana dispensary whether medical marijuana, adult use marijuana or dual use marijuana. For purposes of this subsection (h), the distance shall be measured along the street line of the lot in the case of an interior lot or plaza, or in the case of a corner lot or plaza, that line along the broader or most important street.
(i) A marijuana dispensary may operate with a drive-thru for purposes of scheduled and time designated pre-order pickups but must have a building square footage of more than 3,500 square feet. Drive-thru for order and immediate pickup is prohibited.
(j) There shall be no on premises consumption of any marijuana product.
(Ord. 2017-082. Passed 10-24-17; Ord. 2022-050. Passed 6-14-22; Ord. 2024-047. Passed 8-27-24; Ord. 2024-076. Passed 11-26-24.)