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(A) All operators of retail medical marijuana establishments are required to obtain a retail medical marijuana establishment permit and a business license from the City Clerk.
(B) Permit fees shall be $275.
(C) A retail medical marijuana permit application, including all required documentation, shall be submitted with the required fee for each new permit and each renewal permit.
(Ord. 2021-04, passed 7-12-2021)
(A) A retail medical marijuana permit will not be granted to any applicant where the proposed location would be located within 300 feet of any of the following uses:
(1) Any library or museum;
(2) Any public playground;
(3) Any child care center;
(4) Any place of worship or religious assembly;
(5) Any public park, pool or recreation facility;
(6) Any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center;
(7) Within 300 feet of another medical marijuana or retail marijuana establishment; or
(8) Within 1,000 feet of any private or public school, preschool, elementary, secondary, high school, vocational or trade school, college or university, private or public preschool, elementary or secondary school.
(B) For the distance requirements outlined in this chapter, the distances described shall be computed by direct measurement in a straight line from the nearest entry of the parcel of land on which the above described use is located to the nearest of property line of the building or unit in which the proposed retail marijuana establishment would be located.
(Ord. 2021-04, passed 7-12-2021)
(A) All retail medical marijuana establishments must collect the applicable sales tax imposed by the state and the city on all sales.
(B) Any violations of this section will result in the revocation of the retail medical marijuana permit.
(C) All retail medical marijuana establishments shall be constructed in accordance with applicable laws and regulations of the state and the city, as the same may be amended from time to time.
(D) Buildings where marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
(E)
The hours of operation shall be between the hours of 7:00 a.m. to 9:00 p.m.
(F)
It is the intent of the city that nothing in this chapter be construed to:
(1) Allow persons to engage in conduct that endangers or causes a public nuisance;
(2) Allow the use of marijuana for non-medical purposes; or
(3) Allow any activity that is otherwise illegal and not permitted by state law.
(Ord. 2021-04, passed 7-12-2021; Ord. 2022-01, passed 3-14-2022; Ord. 2023-08, passed 6-23-2023)
(A) Retail medical marijuana establishments must comply with relevant state and local building and fire codes, and all other relevant laws and regulations of the state and the city.
(B) The regulations of the State Department of Health and the State Bureau of Narcotics and Dangerous Drugs, as hereinafter amended, are hereby incorporated by reference and made law of the city.
(Ord. 2021-04, passed 7-12-2021)
(A) All permits outlined in this chapter may be subject to inspection by an authorized municipal inspector prior, or subsequent, to issuance.
(1) Any inspection conducted shall occur at a time scheduled and approved by both the applicant or permit holder and the municipal inspector.
(2) The applicant or permit holder will be required to be present during the inspection.
(B) The smell or noxious odor emitted from cultivation or consumption of marijuana by a person possessing a valid state-issued medical marijuana license shall be treated as a public nuisance.
(C) Smoking, vaping or using marijuana shall be prohibited on all city property including vehicles, buildings, parks or other facilities.
(D) All structures, equipment and apparatuses of all permit holders shall comply with all building and fire codes adopted by the state and the city.
(E) A medical marijuana business license application shall be filled out and signed by the property and business owner and submitted to the City Clerk for processing a permit request.
(F) The permit fee shall be paid at the time the application is submitted and shall be non-refundable to the applicant.
(G) The following documents shall be attached to the application for permit:
(1) A list of owner(s) of the entity requesting the permit; if an owner is an LLC, corporation or other business formation, a list of owners of such entity(ies) shall be provided;
(2) Proof of any distance requirement for the permit;
(3) An existing floor plan, and proposed if applicable, of the facility; and
(4) An affidavit that states the facility meets, or will meet, all standards set forth in this chapter prior to being open for regular business.
(Ord. 2021-04, passed 7-12-2021)
(A) The City Clerk or a designee shall revoke or suspend a permit issued under this section on any of the following grounds:
(1) The permit was procured by fraudulent conduct or false statement of a material fact or a fact concerning the applicant was not disclosed at the time of his or her application, and such fact would have constituted just cause for refusal to issue the permit; or
(2) A violation of city ordinances, state laws or other regulations governing medical marijuana.
(B) Prior to suspension or revocation, the permittee shall be given notice of the proposed action to be taken and shall have an opportunity to be heard before the Board of Trustees. If an employee has been designated by the Board of Trustees, such employee shall make a report to the Board of Trustees together with a recommendation as to whether the permit should be suspended or revoked.
(Ord. 2021-04, passed 7-12-2021)
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