(A) A medical marijuana dispensary that was legally operating as of April 3, 2018 and is permitted by the town to operate a medical marijuana delivery service, may operate as a permitted use in any commercial district, an adult-use cannabis delivery-only service from its then existing premises, subject to each of the following conditions:
(1) The dispensary shall, prior to conducting any adult-use cannabis deliveries, obtain and maintain at all times:
(a) A valid state cannabis license authorizing adult-use cannabis deliveries issued by the appropriate state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10);
(b) A commercial cannabis business permit pursuant to Title 5, Division II, Chapter 5.56 of this Code; and
(c) Any other state and local licenses or permits required by this Code or state law.
(2) All cannabis deliveries must conform to state laws and regulations adopted pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act except as set forth herein regarding the state buffer zone.
(3) No adult-use customers shall be permitted to access or remain in the business premises of a medical marijuana dispensary.
(4) No adult-use cannabis retail sales shall be permitted to occur at the premises of a medical marijuana dispensary.
(B) Pursuant to Cal. Business and Professions Code § 26054(b), as may be amended, the town finds that no setback or radius is necessary for the conduct of adult-use cannabis deliveries by an eligible, existing medical marijuana dispensary pursuant to this section, beyond the zoning regulations contained herein.
(C) This section is not intended to give any person or entity independent legal authority to operate an adult-use cannabis non-storefront retail delivery service, it is intended only to clarify the zoning restrictions regarding certain existing medical marijuana dispensaries that may conduct adult-use cannabis deliveries in the town pursuant to this Code and state law. This section is in addition to any other business license and regulatory requirements imposed on medical marijuana dispensaries and non-storefront retail cannabis delivery services by this Code or other applicable state law.
(Ord. 834, passed 9-4-2019)