797.10 MEDICAL MARIJUANA CULTIVATOR PROCESSOR, AND DISPENSARY REQUIREMENTS.
(a) Zoning District. Cultivators and Processors shall only be located in the General Industrial District (G-I, CO 1169.04). Cultivators and Processors are not permitted within any other zoning district or within any building that contains a residential dwelling or lodging unit. Dispensaries are not permitted within any residential zoning district, but may be located within any business district, but are not permitted in any building that contains a residential dwelling or lodging unit regardless of the district in which it is located.
(b) Location. Cultivators, Processors and Dispensaries shall meet the following location requirements:
(1) As measured from the property boundary, no cultivation or processing site shall be located within (1000) feet of the boundaries of a parcel of real estate having situated on it:
A. A school;
B. A church
C. A public library
D. A public playground
E. A public park
F. Any licensed child care facility;
G. Any alcohol or drug rehabilitation facility;
H. Any parcel divided by a highway system.
(2) Although there is no minimum distance standard from the following locations, when reviewing an application, the proximity and compatibility with the following uses shall be considered:
A. The exterior boundary of any residential zone district; and
B. Any public community center, designated recreation trail, hotel, recreation center, or any publicly owned or maintained building open for use to the general public.
(3) No more than two Cultivators, two Processors, and two Dispensaries may be licensed or located within the City at any given time. If the maximum number of Cultivator, Processor or Dispensary licenses has been issued, the City shall not accept any further applications for such uses until an existing license is either revoked or expires. When the number of licensed Cultivators, Processors or Dispensaries is less than this limit for any reason, including the cessation of operation of a cultivation, processing or dispensary site, notice shall be posted on the City's website indicating that applications for a Cultivator, Processor or Dispensary license shall be accepted for a sixty (60)-day period. At the end of the sixty (60)-day period, the City shall review the applications. The Licensing Authority shall have sole and final approval and authority to select and issue a license. Only fully complete applications will be eligible for review. Once a license has been issued, all unselected or rejected applications shall be discarded. The City shall notify each applicant that is not selected for formal review by the local licensing authority.
(c) Advertisements. All signage and advertising for Cultivators, Processors and Dispensaries shall comply with all applicable State laws as well as the provisions of this Chapter and other applicable provisions of the Macedonia City Municipal Code. Advertisements, signs, displays or other promotional material depicting medical marijuana uses, pictures, or symbols shall not be shown or exhibited off the premises or in any manner which is visible to the public, from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with Cultivators, Processors, and Dispensaries shall use the word "marijuana," "cannabis," "hash," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded by the word "medical." No signage shall contain words such as "reefer," "ganga," "weed" or other similar slang references to marijuana.
(d) Indoor Use. All business related to medical marijuana shall be conducted indoors, and all building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent a view into the interior; and for new construction, the building shall be constructed so as to prevent any possibility of viewing the interior from the exterior of such structure.
(e) Security. Cultivators, Processors and Dispensaries shall provide adequate security on the premises. At a minimum, such security shall include the following:
(1) All buildings shall be secured with a locked door system which requires an employee to allow entrance into the cultivation and processing building or center;
(2) Security surveillance cameras installed to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts, as well as nuisance activities. Security video shall be preserved for at least forty (40) days by the licensee and shall be in a format that can be easily accessed for viewing by the Macedonia City Police Department upon request for inspection;
(3) Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition;
(4) Exterior lighting that illuminates the exterior walls of the licensed premises and complies with applicable provisions of this Chapter and other applicable provisions of the Macedonia City Municipal Code; and
(5) Deadbolt locks on all exterior doors.
(f) Additional Limitations. Cultivators and Processors shall be subject to the following additional requirements:
(1) The business may only be open for the cultivation or processing of medical marijuana during the hours of 8:00 a.m. to 7:00 p.m. the same day. A medical marijuana cultivator and processor may be open seven (7) days a week. During all open hours the business must employ a minimum of one off-duty Macedonia Police Officer in uniform at rates standardly set by the Chief of Police, and should the volume of customers require additional officers in the exclusive opinion of the Chief, the business shall employ additional officers as required.
(2) No on-site consumption of marijuana is allowed.
(3) A City business license is required.
(4) No alcohol sales or consumption shall be permitted on site.
Subsections F.2, F.3, and F.4 of this Section also apply to Dispensaries.
(Ord. 33-2019. Passed 4-25-19.)