(A) Authorization and zoning compliance certificate required. No person shall operate a marihuana establishment in the city without written final authorization issued by the City Clerk pursuant to the provisions of this chapter and a zoning compliance certificate issued by the building inspector confirming the proposed location of the marihuana establishment satisfies all criteria under the city zoning ordinance.
(B) Number of establishments permitted. The following number of marihuana establishments may, but are not required to be, be authorized to operate in the city at one time, subject to this chapter:
(1) Zero marihuana growers operating under a Class A license issued by LARA under either the MMMFLA or the MRTMA;
(2) Zero marihuana growers operating under Class B or Class C license issued by LARA under either the MMMFLA or the MRTMA;
(3) Not more than one marihuana retailer operating under a license issued by LARA under the MRTMA;
(4) One provisioning center operating under a license issued by LARA under the MMMFLA provided provisioning centers are permitted if they are collocated with a marihuana retailer approved pursuant to this chapter;
(5) Zero marihuana processor operating under a license issued by LARA under either the MMMFLA or the MRTMA;
(6) One marihuana secure transporter operating under a license issued by LARA under either the MMMFLA or the MRTMA;
(7) One safety compliance facility operating under a license issued by LARA under either the MMMFLA or the MRTMA;
(8) Zero microbusinesses under either the MMMFLA or the MRTMA;
(9) Zero designated marihuana consumption establishments under either the MMMFLA or the MRTMA; and
(10) Zero excess marihuana growers under either the MMMFLA or the MRTMA.
(11) The City Council may, in its discretion, by resolution or ordinance, allow for additional marihuana establishments. The above limitations are in addition to marihuana establishments operating consistent with a Consent Judgement dated September 19, 2022 (the “Consent Judgement”) entered into in the matter of BRT Capital 3, LLC v City of Memphis, United States District Court Case No. 21-12271. All permits, authorization, or licenses issued pursuant to the Consent Judgement are subject to the terms of this chapter. Provided, if any permits, authorizations, or licenses issued pursuant to the Consent Judgement are not renewed, lapse, or are revoked, such shall not be considered available or open under the limitations of this chapter unless the City Council, by resolution or ordinance, increases the number of authorized marihuana establishments permitted to operate within the city. All licenses, permits, and/or authorizations issued under previous versions of this chapter are subject to this chapter.
(C) Final authorization from city required. A proposed establishment is not eligible to operate within the city until and unless:
(1) The City Council grants conditional authorization pursuant to this chapter;
(2) The City Clerk grants final authorization pursuant to this chapter;
(3) The applicant or holder receives a zoning compliance cerificate under the City Zoning Ordinance; and
(4) The applicant or holders receives all required approvals and licenses from LARA.
(Ord. 209, passed 10-7-2020; Ord. 218, passed 4-4-2023)