Except as may conflict with State law or regulation the following minimum standards apply to all Marihuana Businesses:
(a) The entire parcel where the Marihuana Business will be located must be properly zoned for that type of use, and the Marihuana Business operations must be entirely contained within the building.
(b) The Marihuana Business shall be operated in compliance with the MMMA, the MMFLA, the MTA, MRTMA, and the State's administrative rules. Any violation of such laws or rules shall be deemed a violation of this Chapter.
(c) On-premises consumption of Marihuana shall be prohibited at any Marihuana Business except testing standards as outlined by LARA.
(d) In addition to security requirements pursuant to State laws and regulations and any other applicable City Ordinances, the Marihuana Business shall continuously monitor the entire premises, interior and exterior, with surveillance systems that include security cameras operating twenty-four (24) hours a day, seven (7) days a week. The video recordings shall be maintained in a secure, off-site location for a period of one hundred eighty (180) days.
(e) The Marihuana Business shall be contained within a lockable Facility, including all interior doors, all windows and points of entry and exits with commercial grade non-residential locks and with an alarm system monitored. Marihuana shall not be permitted to be stored in trailers or sheds or other accessory structures to the principal building. Storage shall further be in accordance with the MRTMA, MMMA, MMFLA, MTA, and promulgated rules as amended.
(f) A locking safe or secure locking cabinet system permanently affixed to the permitted premises that shall store any Marihuana and all cash remaining in the Facility overnight shall be used. For Marihuana-infused products that must be kept refrigerated or frozen, the Facility may lock the refrigerated container or freezer in a manner authorized by the MRTMA and promulgated rules as amended in place of the use of a safe so long as the container is affixed to the building structure.
(g) No Marihuana Business shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property where the Marihuana Business is operated; or any other nuisance adverse to the public health, safety and welfare of the residents of the City.
(h) All activity related to the provisioning, transferring, testing, or transportation of all Marihuana shall be done indoors and fully compliant with State law so that it is not visible to the public.
(i) All Marihuana Businesses shall maintain an inventory and record keeping system and/or database identifying the amount of Marihuana on the premises in accordance with the MRTMA, the MIA and the rules and regulations, as amended from time to time. This log shall be available to law enforcement personnel at any time.
(j) All Marihuana located on premise shall be inventoried and tagged with unique RFID tag as required by MTA and promogulated rules as amended from time to time.
(k) The State License and the City license required by this Chapter shall be conspicuously displayed on the premises of a Marihuana Business.
(l) All Marihuana facilities shall apply for and obtain from the City, or other applicable government authority, all necessary planning and zoning approvals as well as building, mechanical, electrical, plumbing, sign, fence, and soil erosion permits.
(m) Floors, walls, and ceilings shall be constructed in such a manner that they may be kept adequately cleaned and in good repair.
(n) There shall be adequate screening or other protection against the entry of pests. Waste shall be disposed of so as to minimize the development of odor and minimize the potential for waste development and minimize the potential for waste becoming an attractant, harborage or breeding place for pests. Marihuana Businesses shall be free from infestation by insects, rodents, birds, or vermin or any kind.
(o) Venting of Marihuana odors into the areas surrounding the Marihuana Business is prohibited and deemed and declared to be a public nuisance. All facility ventilation methods shall comply with the MRTMA and administrative rules promogulated, as amended from time to time.
(p) Waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where Marihuana is exposed. Disposal systems for spent water and spent soil shall be approved by the City and byproduct materials, soils, plant materials, and other materials shall be stored indoors until pickup for disposal and shall not be left outdoors for disposal pickup for longer than six (6) hours. Disposal of marihuana or marihuana waste or byproducts by on-site burning or introduction into the sewer system is prohibited.
(q) The interior and exterior of all buildings, fixtures and other accessories shall be maintained in a presentable and sanitary condition.
(r) Marihuana Businesses shall provide its occupants with adequate and accessible restroom facilities that are maintained in a sanitary condition and good repair.
(s) Marihuana that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.
(t) All Marihuana shall be packaged and labeled as provided by MRTMA, MMFLA, MTA, and promulgated rules as amended.
(u) The premises shall be open for inspection during hours of operation and as such other times as anyone is present on the premises.
(v) No other accessory uses are permitted within the same facility other than those associated with the retailing of Marihuana.
(w) Signs shall comply with the City's Code of Ordinances. No sign shall contain the words "marihuana", "marijuana", "weed", "cannabis", "dank", "420", "pot", "grass", "ganga", "mary jane", or any other term referencing marihuana, nor shall any sign contain marihuana leaves, marihuana related imagery, or other words or images intended to evoke the presence of marihuana. Additional advertising, including, but not limited to, vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited on the premises.
(x) Advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors is prohibited.
(Res. 2020-253A. Passed 9-8-20.)