A. The following obligations shall apply to each licensee and cannabis establishment:
1. Each licensee must keep any information stated in an approved application current and up to date.
2. Each licensee shall have a continuing duty to maintain any eligibility criteria or certifications required by this chapter for an application.
3. All cannabis establishments shall conduct all business activities within an enclosed structure, including but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage except such loading and unloading which is incidental to such indoor activities.
4. No cannabis or related paraphernalia shall be displayed or kept in a business so as to be visible from outside the cannabis establishment.
5. No cannabis establishment shall allow the emission of any gas, vapors, odors, smoke, dust, heat, or glare that is noticeable at or beyond the property line of the cannabis establishment. Sufficient measures and means of preventing the escape of such substances from a cannabis establishment must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat, or glare or other substances exit a cannabis establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state, and local laws and regulations.
6. Each licensee will retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the three (3) immediately prior tax years. Such records shall be maintained in a manner which, if released to the city, would not contain information protected by state law. Such records must be provided to the city upon request.
7. No cannabis establishment may employ any person who is not at least twenty-one (21) years of age.
8. Each licensee shall provide adequate security to prevent criminal activity on cannabis establishment premises, including parking areas.
9. A licensee shall be required to pay all delinquent court judgments arising out of their dispensary and dispensary operations.
10. A licensee shall not permit the general public to access any part of a cannabis establishment except where such access is permitted by law. A licensee must put in place reasonable security measures to prevent such access.
11. A licensee must operate as provided in the application, comply with any conditions attached to their license, and comply with all state and local laws.
12. A person or entity may not take any actions for which a license is required without holding both a valid license issued under this chapter and a valid corresponding state license.
B. Additional Requirements for Cannabis Dispensaries:
1. A cannabis dispensary may only sell cannabis, cannabis products, and paraphernalia aiding in the consumption of these items and is prohibited from selling any other item or service.
2. Entry to a cannabis dispensary shall be restricted. Each cannabis dispensary must have a verification lobby and secured exit. The verification lobby and the secured exit must be separated from each other.
3. No more than ten (10) non-employees may be permitted within the secured area at one time.
4. When granting access to non-employees, the licensee shall unlock the entry door to the verification lobby, allow the person or people to enter the verification lobby, and then verify that each person in the verification lobby is legally permitted to access and purchase cannabis or cannabis products in the retail area. If any person is found to be ineligible, that person must leave the verification lobby prior to the verification lobby exit door being opened into the retail area. Once all individuals in the verification lobby have been confirmed to be eligible to enter the retail area, the entry door to the verification area must be closed and locked then the exit door of the verification lobby into the retail area may be unlocked and the individuals may enter the retail area. The exit door of the verification lobby must then be locked after all individuals leave and before allowing any other individuals through the entry door to the verification lobby. At all times the exit door of the verification lobby is unlocked the entry door to the verification area must be closed and locked.
5. When individuals leave the retail area, all individuals must use the secured exit. The entry door to the secured exit from the retail area shall remain locked until needed for use. The licensee shall then unlock the entry door to the secured area to allow individuals to enter the secured exit from the retail area, ensure that the entry door is closed and locked, and then unlock the exit door of the secured exit. Once all individuals have left the secured exit, the exit door to the secured exit shall be closed and locked.
6. A licensee shall not permit a non-employee to access any secured area of a cannabis dispensary other than the verification lobby, retail area, and secured exit.
7. A cannabis dispensary may be open to the public only between the hours of eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. daily.
8. A cannabis dispensary shall not maintain any quantity of cannabis in excess of the amount permitted by State law.
9. All sales of cannabis shall be made in person, directly to the purchaser, within the retail area of the cannabis dispensary. No sales shall be made via telephone, internet, or other means of remote purchase. Deliveries shall occur only in person to the purchaser at the time of purchase within the retail area of the cannabis dispensary. No drive up windows or other similar delivery process shall be allowed.
10. All cannabis dispensaries licensed under this chapter are required to maintain their cannabis dispensary and premises within the following minimum requirements:
a. Every dispensary licensee shall inspect their premises from lot line to lot line, all adjacent streets, sidewalks and alleys adjoining their premise, and sidewalks and alleys within one hundred feet (100') of such premise lot lines and shall remove any litter and debris found there on a daily basis to prevent the accumulation of litter and debris and the accidental or uncontrolled release of cannabis or cannabis products.
b. All solid waste and recyclable materials shall be stored in refuse containers made of metal or approved plastic and shall be equipped with secure lids or covers, and such covers shall remain closed so as to prevent the intrusion of storm water or vermin.
c. Refuse storage containers shall be enclosed on all four sides by screening compatible with the principal structure and not less than two feet higher than the refuse container or shall be otherwise effectively screened from the street and adjacent properties.
C. Crossover Of Other Cannabis Establishments:
1. A cannabis dispensary, cannabis cultivation facility, and cannabis product manufacturing facility may share a physical location if such collocation is done in a manner which is permitted by local ordinance and state laws and regulations.
2. A cannabis testing facility may not share a physical location with any other type of cannabis establishment.
3. Except as provided herein, no cannabis establishment may share a physical location with any other non-cannabis type of business or land use type. (Ord. O2021-07, 6-2-2021; amd. Ord. O2021-13, 9-27-2021)