(A) Marihuana establishments must comply with the following regulations. All terms defined in § 117.02 of the City of Memphis Code have the same meaning when used in this section:
(1) Establishments must comply with the MRTMA, MMMFLA and the MRTMA rules, as applicable.
(2) Co-located marihuana establishments may be permitted, subject to the regulations of this section and any applicable rules promulgated by LARA.
(3) Establishments shall be sufficiently setback from property lines or screened or buffered with a fence, wall, or landscape screen to minimize light spillage, odor, and noise (including noise associated with truck traffic or other machinery), affecting adjacent properties.
(4) Applicants must provide a plan for the storage and disposal of marihuana or chemicals associated with marihuana cultivation, so as to minimize the risk of theft or harm resulting from chemical exposure.
(5) No marihuana may be stored overnight outside of an enclosed building. By way of example and without limitation, it is unlawful to store marihuana overnight in an outdoor waste bin or a secure transport vehicle parked outdoors.
(6) Signage for marihuana establishments must be consistent with any applicable signage requirements in this chapter the additional restriction that establishment signage may not depict marihuana, marihuana-infused products, or marihuana-related paraphernalia.
(7) All marihuana establishments must be located in property zoned Central Business District.
(8) Prior to operating, an establishment must request and be granted a zoning compliance certificate from the City of Memphis Building Inspector.
(B) Marihuana establishments must control and eliminate odor as follows:
(1) The building must be equipped with an activated air scrubbing and carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter and air scrubbing system.
(2) The filtration system must consist of one or more fans, activated carbon filters and be capable of scrubbing the air prior to leaving any building. At a minimum, the fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
(3) The air scrubbing and filtration system must be maintained in working order and must be in use at all times. The filters must be changed per manufacturers' recommendation to ensure optimal performance.
(4) Negative air pressure must be maintained inside the building.
(5) Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
(6) An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Michigan sufficiently demonstrating that the alternative system will eliminate odor as well or better than the air scrubbing and carbon filtration system otherwise required.
(C) A marihuana establishment may not be located within 500 feet of a public or private K-12 school. The distances described in this section shall be computed by measuring a straight line from the nearest property line of land used for the purposes stated in this section to the nearest property line of the parcel used as a marihuana establishment.
(D) The number of establishments allowed in the city is as provided for in § 117.03.
(E) A retail establishment shall comply with the following:
(1) Retailers may not be open to customers between the hours of 8:00 p.m. and 9:00 a.m.
(2) Retailers may not receive deliveries between the hours of 8:00 p.m. and 8:00 a.m.
(3) Retailers are allowed in Industrial districts only if the establishment is co-located with a processor.
(4) The exterior appearance of a retailer's premises must be compatible with surrounding businesses with respect to facade type, ground floor opacity, size and placement of signage, site layout, etc.
(5) The interior of a retail establishment must be arranged in a way such that neither marihuana nor marihuana-infused products are visible from the exterior of the establishment.
(6) Consumption of marihuana shall be prohibited in the retail establishment, and a sign shall be posted on the premises of each retail establishment indicating that consumption is prohibited on the premises.
(7) Retailers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a period of 14 days. Memphis Police Chief will have access to all recordings during regular business hours.
(8) The public or common areas of the retail establishment must be separated from restricted or non-public areas of the marihuana establishment.
(9) No drive-through window on the portion of the premises occupied by a retail establishment shall be permitted.
(10) Retailers shall not allow the sale, consumption, or use of alcohol or tobacco products on the premises.
(F) All processors shall comply with the following:
(1) The city’s Public Works Department shall review all pertinent information relating to sewer discharges and shall provide any pertinent comments on to the Planning Commission. No chemicals can be discharged into the sewer system without written prior approval from the DPW Supervisor, or designate.
(2) Processors shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras. The video recordings shall be maintained in a secure, off-site location for a period of 14 days. Memphis Police Chief will have access to all recordings during regular business hours.
(G) Safety compliance facilities shall comply with the following:
(1) The city's Public Works Department shall review all pertinent information relating to sewer discharges and shall provide any pertinent comments on to the Planning Commission. No chemicals can be discharged into the sewer system without written prior approval from the DPW Supervisor, or designate.
(H) Notwithstanding any other provision to the contrary, penalties for violations of this section shall be as follows:
(1) If at any time an authorized establishment violates this section or any other applicable city ordinance, the City Council may request that LARA revoke or refrain from renewing the establishment's state operating license.
(2) It is unlawful to disobey, neglect, or refuse to comply with any provision of this section or any provision of the city's zoning ordinance or any other city ordinance. A violation is a civil infraction. Each day the violation continues shall be a separate offense subject to a fine of up to $500.
(3) The foregoing sanctions are in addition to the city's right to seek other appropriate and proper remedies, including actions in law or equity and including injunctive relief to compel compliance or prohibit.
(Ord. 209, passed 10-7-2020; Ord. 216, passed 6-29-2022; Ord. 219, passed 8-1-2023)