A. General requirements for all marijuana establishments except independent testing laboratories:
1. Marijuana establishments must have at least one (1) responsible key employee on the licensed premises to act as the establishment's agent at all times when employees or customers are present on the premises.
2. Marijuana establishments must make available to the City Administrator at any time a list of all employees authorized to be on premises, which list must include the employees designated as key employees.
3. All marijuana establishment employees must have on their person a valid marijuana establishment agent identification card issued by the state at all times when at the marijuana establishment location.
4. All independent contractors, maintenance and business professionals allowed access to a marijuana establishment where the general public does not have access must be logged and given visitor identification. This identification must be worn and visible at all times when the visitor is on the premises of the marijuana establishment.
5. A marijuana establishment may not allow the use, smoking, ingestion or consumption of any marijuana, edible marijuana product, or marijuana-infused product on the licensed premises.
6. Any theft of two hundred-fifty dollars ($250.00) or more in retail value of marijuana seedlings, clones, plants, or other plant materials, extract, marijuana-infused product, or other item containing marijuana must be reported to the White Pine County Sheriff's Office and the City Administrator orally immediately and in writing within twenty-four (24) hours of knowledge of the alleged theft.
7. To prevent unauthorized access to marijuana at a marijuana establishment the establishment must be in compliance with all security requirements adopted by the department of taxation as set forth in NRS 453D.
8. Marijuana establishments must develop and enforce policies and procedures:
a. That restrict access to the areas of the establishment where the general public does not have access that contain marijuana or marijuana-infused products, to individuals authorized to be in that area only;
b. That provide for the identification of individuals authorized to be in the areas where the general public does not have access of the establishment that contain marijuana or marijuana-infused products;
c. That prevent loitering;
d. For conducting electronic monitoring; and
e. That prevents the distribution of marijuana to minors.
9. Marijuana establishments must have an approved plan to remove and destroy all waste generated from the cultivation, infusion or dispensing of marijuana from the location. Disposal of waste must meet all state and federal guidelines. Waste must be maintained in a secure location until removal from the location. Waste must be rendered unusable by grinding and incorporating the marijuana waste with non-marijuana waste, such that the resulting mixture is at least fifty percent (50%) non-marijuana waste. This requirement shall be required of all businesses that are licensed pursuant to Title 3 of this code that may come into possession of unwanted marijuana products.
10. Marijuana establishments are required to use an inventory control system compliant with NRS Chapters 453A, 453D, and State Department of Taxation regulations to track all inventories that include marijuana clones, marijuana plants, harvested marijuana product for dispensing, edible or infused items or harvested marijuana product sent to independent testing laboratories.
11. Marijuana establishments are required to comply with all standards set forth by the Department of Taxation, national, state and local building codes and the state fire regulations prior to conducting business.
12. All officers, board members, directors, and employees of the marijuana establishment shall be required to obtain and maintain a valid marijuana establishment agent registration card in compliance with NRS Chapters 453A, 453D, and State Department of Taxation regulations.
B. Retail Marijuana Stores:
1. A retail marijuana store shall only be operated in conjunction with an existing medical marijuana establishment at the same address, and must be licensed by the same license holder as a medical marijuana dispensary licensed pursuant to city code 3-14-9
.
2. A retail marijuana store shall have a lobby waiting area at the entrance to the dispensary to receive clients, and a separate and secure designated area for dispensing marijuana to customers. The primary entrance shall be maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site parking areas.
3. If employing private security, the security provider must be licensed in accordance with this title and NRS Chapter 648.
4. Retail marijuana stores must display in the lobby waiting area a placard no smaller than eighteen inches (18") tall by twenty inches (20") wide that states the following:
a. Federal law makes it unlawful to possess and consume marijuana products;
b. Marijuana products cannot be transferred, shared or gifted to any other individual;
c. Do not operate heavy machinery or automobiles while under the influence of marijuana;
d. Marijuana has intoxicating effects and may be habit forming;
e. There may be health risks associated with consumption of marijuana;
f. Marijuana should not be used by women who are pregnant or breast feeding; and
g. Marijuana should be kept in a secure location and out of reach of minors and pets.
5. Except as otherwise provided in this subsection, it shall be unlawful for any person to advertise any marijuana, edible marijuana product or marijuana-infused product anywhere in the city where the advertisement is visible to members of the public from any street, sidewalk, park or other public place, including advertising utilizing any of the following media:
a. Any hand-held, human signage or other portable sign;
b. Any handbill, leaflet or flier directly handed to any individual, deposited, fastened, thrown, scattered, cast or placed in a public place, left upon a motor vehicle, or posted upon any public property, right-of-way or private property without the consent of the property owner;
c. Any sign mounted or displayed on a vehicle;
d. Any free promotional materials.
6. Retail marijuana stores are prohibited from offering for sale the following:
b. Any products containing nicotine;
c. Any non-marijuana food or beverages;
d. Any personal care items except those sold in compliance with NRS 453A;
7. Any retail marijuana store offering for sale non-marijuana based products, including but not limited to, clothing, souvenirs, hats or keychains must comply with state laws and regulations, including but not limited to NRS 453D and any regulations set forth in the Nevada Administrative Code;
8. Any paraphernalia offered for sale must be designed for individual use only;
9. A marijuana dispensary is limited to ten percent (10%) of retail space for paraphernalia, not to include the lobby area.
10. Prior to conducting any sales in accordance with subsections 7. and 8. of subsection B. of this section a license must be obtained pursuant to Title 3, Chapter 1 and thereafter be maintained in order to offer sales of the specified items.
11. All marijuana products sold must be enclosed in childproof packaging designed and constructed consistent with state law.
C. Marijuana Cultivation Facilities:
1. Cultivation areas of the establishment must be in compliance with regulations set forth in NRS Chapter 453A, 453D, and State Department of Taxation regulations. The city reserves the right to enforce these sections and may levy sanctions to a marijuana establishment based on non-compliance that may include citations and fines, civil penalties, and suspension and revocation of licensure pursuant to 3-15-23
.
2. Areas designated for deliveries from suppliers or couriers must be separated from cultivation areas by floor to ceiling walls and locking doors.
3. Marijuana establishments are encouraged to use the most efficient process for the conservation of water resources.
D. Marijuana Product Manufacturing Facility:
1. Production of edible and infused marijuana products must be in compliance with NRS Chapters 453A, 453D, and State Department of Taxation regulations. The city reserves the right to enforce these sections and may levy sanctions to a marijuana establishment based on non-compliance that may include citations and fines, civil penalties, and suspension and revocation of licensing pursuant to 3-15-23
.
2. Areas designated for deliveries from suppliers or couriers must be separated from production areas by floor to ceiling walls and locking doors.
3. Except as otherwise provided in this subsection, use of flammable gases including, but not limited to, butane and propane are prohibited for the extraction of oils from marijuana plants. Extraction processes utilizing flammable gasses may be permitted upon approval of the fire chief. These systems, processes and processing areas must, at a minimum:
a. Be located in premises that are verified by an independent, qualified industrial hygienist and a Nevada licensed engineer as safe and in compliance with all applicable codes;
b. Utilize listed or approved closed-loop extraction systems;
c. Ensure all flammable gas/liquid transfers shall take place within a chemical fume hood having electrical system classified for a hazardous atmosphere in accordance with the most recent edition of National Fire Protection Association (NFPA) 45, Standard on Fire Protection for Laboratories Using Chemicals, spray booth or spay room complying with the Henderson Fire Code; and
d. Utilize flammable gas monitoring that sound local alarms and close gas valves at levels greater than twenty-five percent (25%) of lower explosive limit (LEL).
4. Other extraction processes involving flammable gasses or hazardous materials as defined in state law may be permitted upon approval of the fire chief and approval of the associated use permit by city council.
5. Solvents fit for human consumption shall be permitted in the extraction process.
6. Production of edible and infused marijuana products must be in compliance with all current and future standards set by the Nevada Department of Taxation and the Nevada Division of Public and Behavioral Health for preparation and handling of items meant for human consumption.
E. Independent Testing Laboratories: Independent testing laboratories for marijuana products must be in compliance with NRS Chapters 453A, 453D, and State Department of Taxation regulations. The city reserves the right to enforce these sections and may levy sanctions to a marijuana establishment based on non-compliance that may include citations and fines, civil penalties, and suspension and revocation of licensing pursuant to 3-15-23. (Ord. 715, 11-22-2018)