CHAPTER 116: MEDICAL MARIJUANA ESTABLISHMENTS
Section
   116.01   Definitions
   116.02   Business license and permit requirements
   116.03   Location restrictions
   116.04   Conditions of operation
   116.05   Fire and building codes; regulations adopted
   116.06   Permit inspections, application and other requirements
   116.07   Revocation or suspension of municipal issued marijuana license
   116.08   Commercial marijuana growing
   116.09   Marijuana storage facilities allowed
   116.10   Marijuana processing facilities
   116.11   Previously issued permits or documents
§ 116.01 DEFINITIONS.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. The city hereby adopts all other terms and definitions as established by state law or regulations. In the event of a conflict between any definitions contained herein, the definition promulgated by the state or an agency of the state having the authority to pass regulations regarding medical marijuana shall prevail.
   RETAIL MEDICAL MARIJUANA ESTABLISHMENTS. Any retail marijuana establishment licensed by the state.
(Ord. 2021-04, passed 7-12-2021)
§ 116.02 BUSINESS LICENSE AND PERMIT REQUIREMENTS.
   (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)
§ 116.03 LOCATION RESTRICTIONS.
   (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)
§ 116.04 CONDITIONS OF OPERATION.
   (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)
§ 116.05 FIRE AND BUILDING CODES; REGULATIONS ADOPTED.
   (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)
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