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(A) State and local licenses. The permittee shall obtain and maintain a state commercial cannabis license for the equivalent state cannabis commercial activity. The permittee shall obtain and maintain all other required state and local licenses, permits, or approvals as required.
(B) MAUCRSA compliance. The permittee shall meet all operating requirements of the MAUCRSA, and any regulations promulgated thereunder.
(C) Criminal history. No permittee, its owners, managers, employees, or volunteer workers, shall have been convicted of an offense listed § 5.60.080(C).
(D) The permittee shall ensure that its operations conform to the following requirements in addition to the state regulations, which shall include:
(1) Signage and notices.
(a) All signage shall meet the town Zoning Code's sign requirements.
(b) A notice shall be clearly and legibly posted in the business premises indicating that smoking, ingesting or consuming cannabis on the premises is prohibited.
(c) Signs on the premises shall not obstruct the entrance or windows in any amount.
(d) Address identification shall comply with Fire Department illuminated address signs requirements.
(2) Entrances. The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways.
(3) Records. A current register of all employees and volunteer workers shall be maintained.
(4) Odor control. An odor absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected outside the property lines or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis business.
(5) Consumption. Cannabis and cannabis products shall not be consumed (whether eaten, smoked, vaporized, applied or other method of ingestion) on the premises of the cannabis business, including parking areas, or in a delivery vehicle.
(6) Operating hours. A permittee may operate between the hours of 9:00 a.m. to 9:00 p.m., up to seven days a week.
(7) Display of permit. Each commercial cannabis business permit shall be prominently displayed at the business premises in a location readily visible to town officials, such as a lobby or entryway, and on any business website or advertisement.
(8) Contact person. A permittee shall provide the town with the name and phone number of an on-site community relations staff person or designee to whom one can provide notice if there are operating concerns. The permittee shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating concerns before any calls or complaints are made to the town.
(9) State license application. The permittee shall submit to the Planning Department within seven days of submission to the state cannabis licensing authority, a copy of any state commercial cannabis license application, renewal application and/or any business modification request or notification submitted to the state licensing authority (for retail, the Bureau of Cannabis Control) related to the permitted business.
(10) Inspections. The Fairfax Code Enforcement and Police Department shall have the right, without warrant, to inspect the premises for which the permit was obtained on the following conditions:
(a) The scope of the inspection is limited to determining compliance with this chapter;
(b) The inspection shall be conducted not more often than once every six months, except in the event of a complaint by a member of the public;
(c) The inspection shall be conducted during regular business hours; and
(d) The inspection shall be conducted at a time and in a manner that will minimize business interruption.
(11) State and local law compliance. The permittee shall comply with all state and local laws, rules and regulations, including payment of all applicable fees and taxes and payment of any future-adopted cannabis taxes.
(12) Notification of state and local law violations. A permittee shall immediately report to the Chief of Police any of the following:
(a) Arrests of any employees, directors, managers, owners or volunteer workers for an offense other than a misdemeanor traffic offense.
(b) Any disciplinary action taken by a state licensing authority regarding the permittee's state commercial cannabis license and submit a copy of any notice or order.
(c) The occurrence of any event that constitutes a violation of this chapter or state law related to the conduct of the commercial cannabis business.
(13) The permittee shall be responsible for all violations of this chapter and MAUCRSA or its implementing regulations, whether committed by the permittee, its owners, or any employee, volunteer worker, director, manager or other agent of the permittee, for violations that occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence.
(Ord. 835, passed 9-4-2019)