(a) Compliance.
(1) All cannabis establishments, including, but not necessarily limited to, medical cannabis establishments in the city must comply with zoning and land use requirements and obtain all necessary zoning and land use approvals.
(2) All cannabis establishments, including, but not necessarily limited to, medical cannabis establishments in the city must comply with building and fire codes applicable to the type of facility and license, including, but not limited to, compliance with the requirements for fire suppression, signage, and parking.
(b) Operation. Cannabis establishments authorized:
(1) No medical or other cannabis establishment, other than a medical cannabis dispensary or testing facilities, shall be permitted to operate within the jurisdictional limits of the city.
(2) Under the authority granted by SDCL 34-20G-56, there shall be no more than five active medical cannabis dispensaries that may be registered by the state of South Dakota to operate within the jurisdictional limits of the city at any given time.
(3) Every medical cannabis dispensary and testing facility may only conduct business and activities within the respective facilities, outside the view of the public and as otherwise authorized and licensed by the Department and city.
(4) Any medical cannabis dispensary operating in the city may only be open between the hours of 8:00 a.m. and 10:00 p.m.
(5) Every medical cannabis dispensary and testing facility must have written policies, procedures, or plans detailing appropriate security measures designed to deter theft of cannabis.
(6) Every medical cannabis dispensary and testing facility must have written policies, procedures, or plans detailing how the establishment will prevent unauthorized entrance to the facility and any area containing cannabis.
(7) Every medical cannabis dispensary and testing facility must have written policies, procedures, or plans detailing an odor control plan.
(8) Every medical cannabis dispensary and testing facility may only be accessed by authorized agents of the medical cannabis dispensary or testing facility, emergency personnel, and authorized visitors, such as contractors or vendors, who are at least 21 years of age and are accompanied by an authorized medical cannabis establishment agent. All authorized visitors must comply with the requirements set forth by Department and city rules, and all visitor names, times of visit, and purpose of visit must be documented in a visitor log, of which records must be maintained for at least five years by the medical cannabis establishment, and must be made available upon request to state or local regulatory authorities or law enforcement, as part of any official audit, inspection, or investigation.
(9) If the facility is a licensed medical cannabis dispensary, then it may also permit access to cardholders but only upon verification of identity by requiring the person to present a valid photographic identification document issued by this state, another state, tribe, or the federal government and verification of the validity of the registry identification card, and only during authorized hours of operation and in accordance with Department and city rules.
(10) No medical cannabis dispensary may issue cannabis to anyone who is not a qualifying patient or a designated caregiver with a current and valid registry identification card issued by the Department.
(11) A medical cannabis dispensary or testing facility may not share space with a practitioner, nor can a medical cannabis establishment refer any person to a practitioner.
(12) A medical cannabis dispensary or testing facility may not share space with any other cannabis establishment.
(13) No person may consume cannabis on the property of a medical cannabis dispensary or testing facility.
(14) The city may inspect a medical cannabis dispensary or testing facility during normal business hours to ensure compliance with this Code of Ordinances.
(c) Security. Every medical cannabis dispensary and testing facility shall have the following security system at a minimum:
(1) Electronic video security recording system, internal and external, which retains recordings for 180 days;
(2) Well-lit perimeter;
(3) Locked, fully enclosed facility;
(4) Internal security to track access to building and all cannabis;
(5) Any additional security to comply with the requirements of SDCL ch. 34-20G and Department and city rules.
(d) Personnel.
(1) Anyone who is a board member, principal officer, agent, volunteer, or employee of a medical cannabis dispensary or testing facility in the city must have had a current and valid background check before working in or with the medical cannabis dispensary or testing facility.
(2) A medical cannabis dispensary or testing facility may not employ any person who has been convicted of a disqualifying felony offense.
(3) All employees of a medical cannabis dispensary or testing facility in the city must be over 21 years old.
(Ord. 105-21, passed 9-7-2021; Ord. 68-22, passed 6-14-2022)