A medical cannabis establishment and/or adult-use cannabis establishment business license is a revocable privilege and the holder of such a license does not acquire thereby any vested right. No license under this chapter can be assigned or transferred except with the approval of the city council and must follow all Nevada division of public and behavioral health policies and/or the Nevada Department of Taxation and procedures for transferring of ownership. A medical cannabis establishment and/or adult-use cannabis establishment must comply at all times with all applicable laws, regulations or licensing requirements in the conduct of the business.
A. License Required: All medical cannabis establishments and adult-use cannabis establishments as defined in this chapter shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city to safeguard the public.
1. It shall be unlawful for a person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, transportation, or consumption of cannabis other than those forms of businesses and commerce that are expressly contemplated by Nevada Revised Statutes, including but not limited to 453A and/or 453D, prior to June 30, 2020, and 678A through 678D, inclusive, after July 1, 2020, and any administrative rules duly adopted by the state regulating authority and without first making application and securing a medical cannabis establishment and/or cannabis establishment license to do so from the City of Wells. Such application shall be first subject to the state pre-requirements.
2. It shall be unlawful for any person to operate any medical cannabis establishment and/or adult-use cannabis establishment in the city without a valid registration certificate duly issued by the state regulating authority, and a license issued pursuant to this chapter and operating in compliance with any and all applicable state laws and this code.
3. It shall be unlawful for any person to provide medical cannabis, adult use cannabis, edible medical cannabis products, edible adult use cannabis products, medical cannabis infused products, or adult use cannabis infused products to a medical cannabis establishment and/or adult-use cannabis establishment within the city without a registration certificate duly issued by the state regulating authority and a license issued by the city.
4. A license is required for each medical establishment and/or adult-use cannabis establishment registration certificate an applicant holds to operate at each location where that activity is to occur as required under this chapter.
5. A person operating more than one type of medical cannabis establishment and/or adult-use cannabis establishment in the same location must have a separate license for each type of establishment registration certificate.
6. The license requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law.
7. A license issued pursuant to this section does not provide any exception, defense or immunity to any person in regal'd to any potential criminal liability the person may have for the production, distribution, transportation, or possession of cannabis.
B. Posting License; Failure As Grounds For Revocation: All licenses issued for medical cannabis establishment(s) and/or adult-use cannabis establishment(s) shall be posted in a conspicuous place in order that they may be readily available for inspection by authorized state and city officials. Failure to comply with the provisions of this subsection shall constitute grounds for revocation of any such license so not posted.
C. Location Transfer: A medical cannabis establishment and/or adult-use cannabis establishment business license may not be transferred to a new location within the city unless it is in accordance with this chapter and shall be inspected and approved by the fire department and the building and zoning department to ensure safety and compliance with applicable city ordinances and regulations. A transfer fee in the amount of one thousand dollars ($1,000.00) shall be paid for the location transfer. A change of location must also be approved by the Nevada division of public and behavioral health pursuant to Nevada Revised Statutes 453A, and NRS 678A through NRS 678D, inclusive, after July 1, 2020,
D. License; Corporation, Partnership, Limited Liability Company; Changes In Membership: In the case of a corporate licensee, any and all changes in the officers of such corporation must be reported to the business license official within thirty (30) days of such change. Such new officers shall be required to qualify for a license as required in this chapter. Any new manager of a corporate licensee shall be required to qualify for a license as required in this chapter. In the case of a partnership or limited liability company, any change in ownership of the partnership or limited liability company must be reported to the business license official within thirty (30) days of such change. Any new partners or managers shall be required to qualify for a license as required in this chapter.
E. Notice Of Change To Key Employee: It shall be a condition of the license to inform the business license official of any change in the employment status of a registered employee or volunteer who serves in a management position, or as a key employee within ten (10) days of the effective date of the change in employment status. A change of employment status includes termination, leave of absence, and promotion to a management position or key employee.
F. Transportation Of Products: A medical establishment and/or establishment may transport, paraphernalia, edible products and infused cannabis products between another establishment. Transportation must meet all requirements of the state regulating authority. Product must be placed in unmarked, nontransparent transportation containers. All required transportation logs must be in the vehicle and made available to law enforcement upon being stopped by a law enforcement officer within the city, each driver must identify to the officer that the product contained within the vehicle is medical cannabis and/or adult-use cannabis, edible medical cannabis and/or adult use cannabis products or medical cannabis and/or adult use cannabis infused products, as the case may be, from a licensed medical cannabis establishment and/or adult-use cannabis establishment and must present to the officer a state agent registration card, the route the vehicle was authorized to travel and the actual travel log. (Ord. 230, - -2018; amd. Ord. 234, 8-25-2020)