(A) The following obligations shall apply to each licensee and cannabis establishment.
(1) Each licensee must keep any information stated in an approved application current and up to date.
(2) Each licensee must maintain any eligibility criteria or certifications required by this chapter for an application.
(3) All cannabis establishments must conduct all business activities within an enclosed structure, except such loading and unloading which is incidental to such indoor activities.
(4) No cannabis or related paraphernalia may be displayed or kept in a business to be visible from outside the cannabis establishment.
(5) No cannabis establishment may emit any gas, vapors, odors, smoke, dust, heat, or glare that is noticeable at, or beyond, the property line of the cannabis establishment. Sufficient measures and means of preventing the escape of such substances from a cannabis establishment must be always provided. If any gas, vapors, odors, smoke, dust, heat, or glare, or other substances, exit a cannabis establishment, the owner of the premises and the licensee are jointly and severally liable for such conditions and are responsible for immediate, full clean-up and correction of such condition. The licensee must properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state, and local laws and regulations.
(6) Each licensee must retain all books and records necessary to show fully the business transactions of the licensee for a period of the current tax year and the three immediately prior tax years. Such records shall be maintained in a manner which, if released to the city, would not contain information protected by state law. Such records must be provided to the city upon request.
(7) No cannabis establishment may employ any person who is not at least 21 years of age.
(8) Each licensee must provide adequate security to prevent criminal activity on cannabis establishment premises, including parking areas. Any employees or agents providing security must meet the requirements of all applicable city ordinances.
(9) A licensee must pay all delinquent court judgments arising out of his or her dispensary and dispensary operations.
(10) A licensee must not permit the general public to access any part of a cannabis establishment, except where such access is permitted by law. A licensee must put in place reasonable security measures to prevent such access.
(11) A licensee must operate as provided in the application, comply with any conditions attached to his or her license, and comply with all state and local laws.
(12) A person or entity may not take any actions for which a license is required without holding both a license issued under this chapter and a corresponding state license.
(13) The licensed premises shall be located at least 1,000 feet from the nearest property line of any public or private school. A medical cannabis dispensary shall be located at least 500 feet from the property line of any residence, community centers, church, park, and licensed childcare facility.
(B) Additional requirements for cannabis dispensaries are as follows:
(1) No cannabis dispensary may share any physical location with any other type of business or land use type. A cannabis dispensary may only sell cannabis, cannabis products, and paraphernalia aiding in the consumption of these items, and may not sell any other item or service.
(2) Entry to a cannabis dispensary must be restricted. Each cannabis dispensary must have a verification lobby and secured exit. The verification lobby and the secured exit must be separate from each other.
(3) (a) When granting access to non-employees, the licensee shall unlock the entry door to the verification lobby, allow the person or people to enter the verification lobby, and then verify that each person in the verification lobby is legally permitted to access and purchase cannabis or cannabis products. If any person is found to be ineligible, that person must leave the verification lobby before the verification lobby exit door is opened into the retail area.
(b) Once all individuals in the verification lobby have been confirmed to be eligible to enter the retail area, the entry door to the verification area must be closed and locked. Then the door of the verification lobby into the retail area may be unlocked and the individuals may enter the retail area. The exit door of the verification lobby must lock after all individuals leave and before allowing other individuals into the verification lobby. At all times the exit door of the verification lobby is unlocked the entry door to the verification area must be closed and locked.
(4) Individuals must leave the retail area through a secured exit. The entry door to the secured exit must remain locked until needed for use. The licensee shall then unlock the entry door to the secured area to allow individuals to enter the secured exit from the retail area, ensure that the entry door is closed and locked, and then unlock the exit door of the secured exit. Once all individuals have left the secured exit, the exit door to the secured exit must be closed and locked.
(5) A licensee must not permit a non-employee to access any secured area of a cannabis dispensary other than the verification lobby, retail area, and secured exit.
(6) A cannabis dispensary may be open to the public only between the hours of 9:00 a.m. and 5:00 p.m. daily.
(7) A cannabis dispensary must not maintain any quantity of cannabis in excess of the amount permitted by state law.
(8) All sales of cannabis must be made in person, directly to the purchaser, within the retail area of the cannabis dispensary. No sales may be made via telephone, internet, or other means of remote purchase. Deliveries must occur in person to the purchaser at the time of purchase within the retail area of the medical cannabis dispensary. No drive-up windows, or other similar delivery process, may be allowed.
(9) All cannabis dispensaries licensed under this chapter must maintain their medical cannabis dispensary and premises within the following minimum requirements:
(a) Every dispensary licensee must inspect his or her premises from lot line to lot line, all adjacent streets, sidewalks, and alleys adjoining his or her premises, and sidewalks and alleys within 100 feet of such premises lot lines, and shall remove any litter and debris found there on a daily basis to prevent the accumulation of litter and debris and the accidental, or uncontrolled, release of cannabis or cannabis products.
(b) All solid waste and recyclable materials must be stored in refuse containers made of metal or approved plastic, and shall be equipped with secure lids or covers, and such covers must remain closed to prevent the intrusion of storm water or vermin.
(c) Refuse storage containers must be enclosed on all four sides by screening compatible with the principal structure and not less than two feet higher than the refuse container, or must be otherwise effectively screened from the street and adjacent properties.
(C) Regulations of crossover of other cannabis establishments are as follows:
(1) A cannabis testing facility may share a physical location with testing facilities that are authorized to handle other types of controlled substances.
(2) (a) A cannabis testing facility, cannabis cultivation facility, and a cannabis product manufacturing facility may share a physical location and the licensed area for each may overlap each other.
(b) However, a cannabis testing facility may not share a physical location with other types of cannabis establishments if the cannabis testing facility conducts activities other than cannabis testing.
(Ord. 2021-004, passed 11-15-2021; Ord. 2022-02, passed 3-7-2022)