§ 119.09 MARIJUANA ESTABLISHMENTS PERMITTED: NONRESIDENTIAL.
   (A)   It shall be unlawful for a person to operate a marijuana establishment at any location within the town without obtaining a marijuana establishment/marijuana testing facility business license from the Town Clerk including any application and review procedures pursuant to this chapter.
   (B)   If authorized by state law and a valid license has been obtained from the town, a marijuana establishment is permitted in the town subject to the following conditions and limitations:
      (1)   To the fullest extent allowable by law, a license may be authorized in town only for an entity that is properly licensed by the Department to provide marijuana or marijuana products to consumers;
      (2)   Shall not provide drive-thru services;
      (3)   Shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas;
      (4)   Shall not sell marijuana or marijuana products to consumers, except as permitted by state law;
      (5)   Shall not display or keep marijuana or marijuana products that are visible from outside the premises;
      (6)   Shall comply with applicable county health regulations for food preparation and handling;
      (7)   Shall comply with applicable laws to safely and securely engage in extraction processes;
      (8)   Shall submit a written security plan to the town that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras. The security plan will be reviewed by the Community Development Department and shall detail the following elements:
         (a)   Exterior lighting;
         (b)   Security alarm system;
         (c)   Building security measures;
         (d)   Interior floor plan;
         (e)   Exterior site and parking plan; and
         (f)   A secure storage area.
      (9)   For a marijuana establishment that engages in cultivation or manufacturing, shall submit a written operations plan to the town that describes the following:
         (a)   Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers;
         (b)   The legal water source, irrigation plan, wastewater systems to be used, and projected water use; and
         (c)   The plan for addressing odor and other public nuisances that may derive from the establishment.
(Ord. 698-21, passed 3-15-2021)