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In addition to the business registration fee, there is imposed a zoning permit. Any person seeking to operate a cannabis establishment in the city may obtain a cannabis permit under the following conditions:
A. The permit shall be obtained from the community service department.
B. The cost of the permit shall be $250.00 for the initial permit, and $100.00 for annual renewal of the permit. The annual renewal date shall coincide with business registration. Fee shall not be prorated.
C. The community service department zoning coordinator shall require the following information from the applicant:
1. The name, address and business organization of the applicant and location the applicant intends to transact business, as well as the specific business to be transacted.
2. Site plan or premises diagram
3. If the applicant is an individual, the residence address of the applicant as well as the applicant's birthdate and social security number.
4. If the applicant is a partnership, the names, residence addresses, birthdates, and social security number of all partners.
5. If the applicant is a limited liability company, the state of organization, address of the resident agent in New Mexico sufficient for service of process, the name of the managing member together with residence address, birthdate, and social security number and the name, residence address, birthdate and social security number of each member of the company.
6. If the applicant is a corporation, the state of corporation, the name and address of the registered agent in New Mexico sufficient for service of process, the name, residence, birthdate, and social security number of each officer or director of the corporation.
7. Prior to the issuance of a permit, any limited liability company or corporation shall provide a certificate of good standing.
8. The applicant shall provide federal and state tax identification numbers.
D. Prior to issuance of a permit or annual renewal the code enforcement officer shall inspect for compliance of all applicable city codes.
E. Prior to issuance or annual renewal of a permit the fire marshal or designee shall inspect for compliance with fire codes.
F. A temporary permit may be issued for state licensing purposes as long as all requirements of this section are met. A final permit shall be issued upon proof of a provisional license issued by the New Mexico cannabis control division.
G. No permit shall issue to a mobile, temporary or portable building.
H. No permit shall issue to a drive-through cannabis establishment.
I. Failure to meet the conditions above will result in a non-issuance of a permit.
1. If a denial of an application for a new permit or renewal is deemed necessary by the community service planning zoning coordinator, written notice of the decision shall be provided to the applicant.
2. Any person or entity denied a permit may, within ten (10) days of the receipt of a notice of denial, file an appeal with the city commission. The notice of the appeal shall be delivered to the city manager and a hearing shall be scheduled within thirty (30) days of receipt of the notice. The commission shall make a written findings of fact and conclusions of law supporting its decision.
3. Operation of cannabis establishment without a permit is a violation of this chapter.
(Ord. 588 (part), 2022)
It is a violation of this chapter for any cannabis retailers and cannabis consumption areas to operate other than the following hours:
A. Cannabis consumption areas. Products may only be served and consumed between the hours of 7:00 am and midnight Monday through Sunday.
B. Cannabis retailers. Cannabis retailers may only sell cannabis products for off-site consumption between the hours of 7:00 am and midnight Monday through Sunday.
(Ord. 588 (part), 2022)
Cannabis consumption areas are subject to the following:
A. A cannabis consumption area in which consumption is limited to consumption by qualified patients or reciprocal participants may be located inside any cannabis retailer, provided, however that smoking of cannabis products in such consumption areas is only allowed if the cannabis consumption area is in a designated smoking area or in a stand alone building from which smoke does not infiltrate other indoor work spaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Act, NMSA 1978, Chapter 24, Article 16.
B. Cannabis consumption areas that are open to consumers are subject to the following:
1. The smoking of cannabis products is only allowed within a licensed cannabis consumption area that occupies a designated smoking area or a stand-alone building from which smoke does not infiltrate other indoor workplaces or other indoor public places where smoking is otherwise prohibited pursuant to the Dee Johnson Clean Indoor Air Act, NMSA 1978, Chapter 24, Article 16: and
2. Access to cannabis consumption areas open to consumers is restricted to persons twenty-one years of age and older.
(Ord. 588 (part), 2022)
Cannabis cultivation and production for personal use in quantities and as permitted by the Cannabis Regulations ACT and Lynn and Erin Compassionate Use Act is allowed anywhere in the city subject to the following: Cannabis cultivation and production for personal use must not be visible from the public right-of-way.
(Ord. 588 (part), 2022)
A. Minimum separation distance. A cannabis establishment and/or cannabis consumption area must maintain a minimum separation distance of 300 feet from any religious assembly or church, community center, public park, school, or daycare center that was in existence at the time the cannabis establishment was licensed by the state.
B. Density. No cannabis establishment, or cannabis consumption area. Shall be within 300 feet of another cannabis establishment or consumption area.
C. Measurements. For the purposes of Section 5.40.090A and 5.40.090B of this section of the chapter, distances shall be measured in a straight line from property line to property line, without regard to intervening structures or objects.
D. Zone requirements.
1. No cannabis establishment or consumption area as defined in this chapter shall be in zone A or zone B.
2. Cannabis establishments or consumption area as defined in this chapter shall be in zone(s) C, D, or E and must meet all requirements in the zone it is located in.
(Ord. 588 (part), 2022)
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