(A) Marihuana establishments shall be open for inspection upon request by the Chief Inspector, the Fire Chief, or the Chief of Police, or their designees, for determination of compliance with all applicable laws, rules, and regulations during the stated hours of operation/use and at such other times as anyone is present on the premises. City employees or officials shall have the same rights of inspection as are authorized the employees or officials of LARA under the Act.
(B) Marihuana establishments shall conduct the activities of the establishment, including, without limitation, the cultivating, growing, processing, displaying, manufacturing, selling, storage of marihuana and marihuana-infused products, and storage of all materials used in connection with the cultivating, growing, processing, displaying, manufacturing, and selling of marihuana and marihuana-infused products, indoors in a building and out of public view, except where cultivation may occur outdoors as allowed under the Act, and such outdoor cultivation shall occur in compliance with the Act.
(C) Marihuana establishments shall install a fire alarm and a burglar alarm system in compliance with the Act.
(D) (1) Marihuana establishments shall have such security measures, including video surveillance systems, in place as are required by the Act.
(2) Surveillance recordings of marihuana establishments shall be subject to inspection and review by the city upon request. City employees or officials shall have the same rights of inspection as are authorized the employees or officials of LARA under the Act.
(E) (1) Marihuana establishments shall utilize sufficient measures and means to prevent smoke, odor, debris, dust, fluids, and other substances from exiting the establishment at any time. In the event that any smoke, odor, debris, dust, fluids, or other substances exit the marihuana establishment in a detectable amount sufficient to interfere with the reasonable and comfortable use and enjoyment of adjacent property, or that causes damage to property, the licensee for the establishment and the owner of the property shall be jointly and severally liable for such conditions and shall be responsible for immediate, full cleanup 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 in compliance with all federal and state laws and regulations, and this Code.
(2) Marihuana establishments shall install and maintain in operable condition a system to preclude marihuana odors from emanating from the property of the marihuana establishment in a detectable amount sufficient to interfere with the reasonable and comfortable use and enjoyment of adjacent property as determined by the objective standards of a reasonable person of normal sensitivity.
(F) (1) Access to the marihuana establishment is restricted to the licensee, employees of the licensee, and, as applicable, LARA through its investigators, agents, auditors or the state police, and local law and code enforcement officers or any other designee(s) of the City Manager.
(2) Retailers may additionally be accessed by legitimate customers 21 years of age and older.
(G) All marihuana establishments must be at a fixed location. Mobile marihuana establishments and drive through operations are prohibited. Unless otherwise allowed by state law, sale or transfer of marihuana products by internet or mail order, consignment, or at wholesale is prohibited. This provision shall not be construed to prohibit sale or transfer of marihuana products by marihuana establishments as otherwise expressly authorized by the Act.
(H) All marihuana establishments shall comply with all provisions of the Act and this Code regulating signs and advertising.
(I) The business, operations, marketing, and advertising of all marihuana establishments and marihuana products shall comply at all times with the Act and this Code.
(J) Unless otherwise allowed by state law, marihuana products not identified and recorded in the statewide monitoring system pursuant to the Act are prohibited from being on the premises of any marihuana establishment and shall not be sold or transferred by any licensee.
(K) Unless otherwise allowed by state law, any marihuana product without a batch number or identification tag pursuant to the Act is prohibited from being at or on the premises of any marihuana establishment.
(L) Marihuana establishments shall, at all times, comply with all applicable building and fire safety provisions of state law, and the corresponding administrative rules.
(M) Marihuana product waste will be destroyed, or rendered into an unusable and unrecognizable form, disposed of, and recorded as required by the Act.
(N) All inventory of marihuana products must be stored in a secured, limited-access area or restricted-access area, and identified and tracked consistent with the Act.
(O) All containers used to store marihuana products for transfer or sale between marihuana establishments shall meet the requirements of the Act.
(P) All chemicals or solvents must be stored separately from marihuana products and kept in locked storage areas.
(Q) Marihuana-infused products, edible marihuana products, or materials used in direct contact with such products, must have separate storage areas from toxic or flammable materials.
(R) Licensees shall immediately report to local law enforcement any unlawful act, conduct, or disturbance committed at the establishment. Immediately shall mean within 24 hours of becoming aware of any criminal activity at the establishment.
(S) The licensee is required to respond by phone or email within three business days of contact, at the phone number or email address provided to the city as the contact for the business, by any city official or officer concerning its marihuana establishment.
(Ord. O-222, passed 9-14-2020, effective 9-24-2020)