(A) By accepting a license issued pursuant to this chapter, the licensee waives any claim concerning, and releases the city, its officers, elected officials, employees, attorneys, and agents from any liability for injuries or damages of any kind that result from any arrest or prosecution of licensee, cardholders, licensed premises owners, licensee operators, employees, clients, or customers for a violation of state or federal laws, rules, or regulations.
(B) By accepting a license issued pursuant to this chapter, all licensees, jointly and severally if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical cannabis establishment that is the subject of the license.
(C) The issuance of a license pursuant to this section shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution, or use of marijuana unless permitted by SDCL Chapter 34-20G.
(Ord. 1435, passed 6-7-2021)