(a) Medical/adult-use (recreational) marihuana establishments shall be prohibited from being licensed and located on any parcel or lot within a residential zoning district as indicated on the City Zoning Map at the time of license application. The entire parcel or lot upon which a medical/adult-use (recreational) marihuana establishment is located shall be zoned for medical/adult-use (recreational) marihuana establishments.
(1) Medical/adult-use (recreational) marihuana establishments shall be prohibited from being licensed and located within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any grades one through twelve. Medical/adult-use (recreational) marihuana establishments shall be prohibited from being licensed and located within 1,000 feet of a public library. The distance between the school building or library and the contemplated location must be measured along the center line of the street or streets of address between two fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the school building or library nearest to the contemplated location and from the part of the contemplated location nearest to the school building or library.
(2) Medical/adult-use (recreational) marihuana establishments shall be prohibited from being licensed and located within 1,000 feet of a public library. This distance shall be measured from the lot or parcel property line boundary of any public library to the lot or parcel property line boundary of the marihuana establishment property, at their closest points.
(3) All marihuana shall be contained within the principal building and within an enclosed, locked facility in accordance with the MMFLA and MRTMA, as applicable.
(4) Marihuana establishment hours and days of operation may be limited, by the City's Zoning Ordinance, as a condition of license approval. The establishment premises shall be open to the City for inspection during all licensed hours of operation.
(5) Licensees shall report any other change in the information required by this chapter to the City Clerk prior to the implementation of the proposed change. Failure to do so may result in suspension or revocation of the license.
(6) Licensees shall provide to the City any changes to the medical/adult-use (recreational) marihuana establishment that require reporting to LARA under the requirements of PA 281.
(b) Provisioning center/retailer location and operational requirements.
(1) Consumption of marihuana shall be prohibited on the premises of a provisioning center/retailer, and a sign shall be posted on the premises indicating that consumption is prohibited on the premises
(2) Provisioning centers/retailers shall continuously monitor the entire premises on which they operate with surveillance systems that include security cameras and alarms. The establishment's point of contact (key holder) must respond promptly on site to any alarms. The video recordings shall be maintained in a secure, off-site location for a period of at least thirty days. Video recordings must be made available to law enforcement upon request if a possible crime is involved.
(3) Unless permitted by the MMMA, the MMFLA, and the MRTMA, or applicable state law, public or common areas of the provisioning center/ retailer shall be separated from restricted or non-public areas of the provisioning center/retailer by a permanent barrier. Unless permitted by the MMMA, the MMFLA, and the MRTMA, or applicable state law, no marihuana is permitted to be stored, displayed, or transferred in an area accessible to the general public.
(4) All marihuana storage areas within the provisioning center/retailer must be separated from any customer/patient areas by a permanent barrier. Unless permitted by the MMMA, the MMFLA, and the MRTMA, or applicable state law, no marihuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Marihuana may be displayed in a sales area only if permitted by the MMMA or the MMFLA or the MRTMA.
(5) Provisioning center/retailer hours of operation open to the public shall be limited to between 8:00 a.m. and 10:00 p.m., seven days a week. Provisioning center/retailer hours of operation open to the public may be limited further as a condition of license approval.
(c) A nonrefundable annual fee shall be paid by each marihuana establishment licensed under this chapter in an amount as set by the City Council and as listed in the City's fee schedule.
(Ord. 366. Passed 9-1-22; Ord. 380. Passed 6-1-23.)