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(A) Any person seeking to establish or operate a medicinal or adult-use cannabis business from a premises located in the town must first obtain and maintain a commercial cannabis business permit in accordance with this chapter prior to establishing and/or operating.
(B) Commercial cannabis business permits may be issued to no more than two cannabis retail locations at any one time in the following activity categories, or in any combination thereof:
(1) Medical-use only storefront retailer; and/or
(2) Delivery-only retailer(s) (non-storefront retailer), which may be medical-use, adult-use or both.
The existing medical marijuana dispensary that has been legally and continually operating as of April 3, 2018 shall be counted as one location. In the event that the existing medical marijuana dispensary ceases to operate in accordance with a legally-issued permit, another a permit may be issued for another operator or location such that at all times, two, but not more than two, retail locations may hold permits to legally operate. One retail location may consist of side-by-side licensed premises as defined in 16 Cal. Code of Regulations § 5025, in order to permit the operation of both a medical use storefront retailer and adult-use delivery-only retailer by a single operator.
(C) When the number of commercial cannabis business permit locations falls below the limit set forth above, the Town Manager (or his or her designee) shall post a notice of availability that the town will be accepting applications for commercial cannabis business permit(s). The notice shall include the dates during which applications will be accepted, information regarding application requirements and directions, and the contact information for questions. The notice shall be posted on the town' s website and on the three public places in the Town of Fairfax designated for official postings.
(Ord. 835, passed 9-4-2019)