Cannabis establishment licenses are location and use specific, meaning licensees may only operate a cannabis establishment at the specific address designated in the application, and may only engage in the licensed use, that is, only engage in business as a medical cannabis dispensary, a cannabis testing facility, a cannabis cultivation facility, or a cannabis product manufacturing facility. Such specifically designated address and location must conform to all of the following restrictions and requirements:
(A) (1) A cannabis establishment licensed to operate within the corporate limits of the city may only be located:
(a) Along, or within 300 feet east or west of the center line of Main Street as extending from the north right-of-way boundary of Pennington Street northward to the south right-of-way boundary of Third Street;
(b) Along, or within 300 feet east or west of the center line of Main Street as extending from the south right-of-way boundary of State Street southward to the corporate limit of the city; and
(2) Subject to the foregoing divisions (A)(1)(a) and (b):
(a) No less than 1,000 feet distant from real property comprising a public or private elementary or secondary school or a playground; and
(b) No less than 500 feet distant from real property comprising a public or private youth center, public swimming pool, or video arcade facility.
(3) The terms “public or private elementary or secondary school or a playground” and “public or private youth center, public swimming pool, or video arcade facility” as set forth in this section are defined by SDCL 22-14-18.
(B) A cannabis establishment licensed to operate within the corporate limits of the city must only operate:
(1) At the specific address designated in the application;
(a) Which address must conform to the location requirements of division (A)(1) and (2) above;
(b) For the specific licensed purpose, that is, as a medical cannabis dispensary, cannabis testing facility, cannabis cultivation facility, or cannabis product manufacturing facility, as the license, or licenses, may provide; and
(b) In no event and under no circumstances may a cannabis establishment be licensed or operated within or upon any residential real property. RESIDENTIAL REAL PROPERTY is defined as any real property used for ordinary living purposes such as sleeping and eating, whether occupied by the owner thereof or utilized either as a long-term or short-term rental by tenants, either as a single family or a multi-family use.
(Ord. 2021-3, passed 10-11-2021)