In order to obtain a Village marijuana business license under this chapter, the applicant must demonstrate the following:
A. The proposed licensed premises and adjacent grounds meet all requirements for issuance of a State of New Mexico marijuana license and all applicable laws and regulations.
B. The applicant shows proof of a valid State of New Mexico marijuana license.
C. The applicant has met all requirements, including payment of any applicable taxes and fees, both state and local.
D. The applicant has obtained a separate Village business license for any other business activity that will also be operated on the licensed premises and paid all applicable license fees.
E. The premises and adjacent grounds are not licensed or operated as an establishment for the sale or service of alcohol beverages, or as a massage parlor, a dance hall, adult business, or an amusement facility.
F. The applicant has submitted an application for a Village marijuana business license, on the established forms, that the Village Clerk has determined is complete.
G. In the case of a retail marijuana establishment, the applicant has demonstrated that the proposed licensed premises is located on or within property zoned or used as (M-1) Manufacturing or (C-1) Commercial. A combined retail and production, manufacturing or growing establishment is not allowed in a Commercial zone, or as otherwise specified in the Village's land use and zoning regulations.
H. In the case of a marijuana establishment that is manufacturing, producing, or cultivating for commercial use (non-personal use), and even where combined with a retail marijuana establishment, the applicant has demonstrated that the proposed licensed premises is located on or within property zoned or used as (M-1) Manufacturing, or as otherwise specified in the Village's land use and zoning regulations, including those uses subject to a special use permit.
I. In the case of a marijuana establishment that is manufacturing, producing, or cultivating, and even where combined with a retail marijuana establishment, the applicant shows adequate water resources and applicable permits, as approved by the Village, or as required under the laws of the State of New Mexico.
J. The applicant must demonstrate that the location of the proposed licensed premises is no less than five hundred (500) feet from any other licensed marijuana establishment. Measurements shall be made from any wall of the two (2) proposed or existing licensed premises.
K. The applicant must demonstrate that the proposed licensed premises are not located within three hundred (300) feet of any public or private school or other childcare facility. The distances referred to in this paragraph are to be computed by direct measurement from the nearest property line of the land used for a school or campus, to the nearest portion of the lot that is the situs of the building that is proposed for a licensed premises.
L. The applicant agrees to operating hours not earlier than nine o’clock (9:00) A.M., nor later than nine o’clock (9:00) P.M.
M. All proposed licensed premises, adjacent grounds, and related parking facilities which are located on Federal land within the village are required to abide by applicable Federal law.
N. The application for a Village marijuana business license must specify the type of marijuana establishment involved, whether retail, manufacturing, production, cultivation, or a combination of these. (Ord. 415, 12-14-2021)