(A) Authority. The South Dakota legislature has expressly granted authority to the city, through its Commissioners to govern the time, place, and manner of operation of medical cannabis establishments. (SDCL § 34-20G-58). The Commissioners may not prohibit a dispensary, either expressly or through the enactment or application of an ordinance that makes the operation of a dispensary impractical. In the development and execution of these regulations, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a potential deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area.
(B) General prohibition. No medical cannabis establishment may operate in the city without possessing both a current license from city and a current registration certificate issued by the South Dakota Department of Health.
(C) Time restrictions.
(1) No medical cannabis establishment may operate on any Sunday or any federal or state holiday. However, a cultivation facility or cannabis product manufacturing facility may operate as may be required to prevent the destruction or degradation ofmarijuana plants under their control.
(2) A medical cannabis dispensary may not operate between the hours of 7:00 p.m. and 9:00 a.m.
(D) Location restrictions.
(1) Medical cannabis establishments are only allowed in those areas of the city that have been zoned as a C-l General Commercial District and medical cannabis establishments shall be considered a permitted use as listed in § 115.116 of the Summerset City Code.
(2) No medical cannabis establishment may share office space with a medical, psychiatric, counseling, chiropractic, or physical therapy practice.
(3) No medical cannabis establishment may be established, operated, or maintained within 1,000 feet of a public or private school or designated bus stop
(4) No medical cannabis dispensary may be established, operated, or maintained within 400 feet of a child welfare agency, a place of worship, an in-patient alcohol or drug treatment facility or a public playground.
(5) No medical cannabis dispensary may be established, operated, or maintained within 400 feet of the zoning boundaries of a district zoned as residential (RI, R2, R3) or General Industrial (Gl), or Agricultural (AG).
(6) No medical cannabis dispensary may be established, operated, or maintained within 400 feet of another medical cannabis dispensary, a bar, liquor store, or casino.
(7) No medical cannabis facility shall be located on-premises for which a license to sell alcoholic liquor, beer or wine has been issued.
(E) Manner restrictions.
(1) No person under 21 years of age shall be allowed on the licensed premises of a medical cannabis establishment.
(2) At all times during the hours of operation of a medical cannabis establishment, there shall be present a manager or other employee of the licensee who shall be not less than 21 years of age.
(3) No cannabis or related paraphernalia shall be displayed or kept in a business so as to be visible from outside the cannabis establishment.
(4) No licensee of a medical cannabis dispensary may dispense any medical marijuana to any person who is obviously under the influence of cannabis to such a degree as to cause impairment.
(5) Before cannabis may be dispensed by a medical cannabis dispensary, a medical cannabis establishment agent:
(a) Shall make a diligent effort to verify that the registry identification is valid; and
(b) Shall make a diligent effort to verify that the person presenting the documentation is the person identified on the document presented to the dispensary agent.
(6) All retail sales of cannabis shall be in person, directly to the purchaser, and within the retail area of a cannabis dispensary. No drive-up windows or similar delivery process shall be allowed.
(7) A medical cannabis establishment agent shall not dispense an amount of cannabis to a person that would cause the person to possess more than the allowable amount of cannabis.
(8) A medical cannabis establishment may not employ any person who has been convicted of a disqualifying felony offense.
(9) No alcohol or cannabis may be consumed on the premises of a medical cannabis dispensary.
(F) Signage and advertising.
(1) All exterior signage associated with a medical cannabis establishment shall comply with Summerset City Code §§ 115.270 through 115.280.
(2) In addition, no exterior signage may use the word “marijuana,” “cannabis,” or any other word, phrase or symbol commonly understood to refer to cannabis. Such words, phrases or symbols may be used ifspecifically approved by the Commissioners.
(3) No cannabis establishment may distribute or allow the distribution of any cannabis or cannabis product without charge within a cannabis establishment or elsewhere for purposes of promotion, advertising, or any other purpose.
(Ord. 2021-03, passed 9-2-2021)