Section
117.01 Purpose and intent
117.02 Definitions
117.03 License required
117.04 License application
117.05 Issuance of license
117.06 City neutrality as to applicants
117.07 Number of cannabis dispensaries
117.08 Expiration of license and renewal
117.09 Suspension
117.10 Revocation
117.11 Suspension and revocation process
117.12 Appeal
117.13 Licenses not transferrable
117.14 Hours of operation for dispensaries
117.15 Liability for violations
117.99 Penalty
The City Council of the City of Winner enacts the following licensing chapter in order to ensure that cannabis establishments within the municipal boundaries of the city operate in a manner which complies with state laws and regulations, protects the health, safety, and welfare of the general public, prevents potential conflicts and issues arising from ownership and employees, recognizes certain safety and security considerations, and minimizes the risk of unauthorized use of or access to cannabis by the general public.
(Ord. 1013, passed 11-1-2021)
Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis-related terms which are defined by SDCL § 34-20G-1.
CANNABIS (or MARIJUANA). All parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. (hemp) and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of 1% on a dry weight basis.
CANNABIS CULTIVATION FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a cannabis establishment.
CANNABIS DISPENSARY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials.
CANNABIS ESTABLISHMENT. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed cannabis cultivation facility, cannabis testing facility, cannabis product manufacturing facility, or cannabis dispensary.
CANNABIS PRODUCT MANUFACTURING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary.
CANNABIS PRODUCTS. Any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures.
CANNABIS TESTING FACILITY. In addition to the definition in SDCL § 34-20G-1, this term is further defined as a legally licensed entity legally authorized to analyze the safety and potency of cannabis.
DEPARTMENT. The South Dakota Department of Health.
(Ord. 1013, passed 11-1-2021)
(A) No cannabis establishment may be located or operate in the City of Winner without the appropriate valid and current cannabis establishment license issued by the city pursuant to this chapter. A violation of this provision is subject to the imposition of a civil penalty in the amount of $500. Each day of the violation constitutes a separate offense.
(B) No cannabis establishment may be located or operate in the city without the appropriate valid and current cannabis establishment registration certificate issued by the Department pursuant to rules promulgated under SDCL § 34-20G. A violation of this provision is subject to the imposition of a civil penalty in the amount of $500. Each day of the violation constitutes a separate offense.
(C) The city will not issue a license to, and will not allow to operate within the city, any cannabis cultivation facility, cannabis product manufacturing facility, or cannabis testing facility that might seek to operate within the city.
(Ord. 1013, passed 11-1-2021) Penalty, see § 117.99
(A) An application for a cannabis establishment license must be made on a form provided by the City Finance Officer. No other application form will be considered.
(B) The applicant must submit the following:
(1) Application fee of $10,000. The city will reimburse 80% of the application fee for applicants who make timely application to the South Dakota Department of Health but are unable to obtain a registration certificate from the Department for any reason.
(2) An application that will include, but is not limited to, the following:
(a) The legal name of the prospective cannabis establishment and the legal name of the entity that will operate the establishment.
(b) The physical address of the prospective cannabis establishment that is not within 1,000 feet of a public or private school existing before the date of the application, which location meets the zoning requirements in Chapter 154, as well as any location requirements pursuant SDCL § 34-20G and the administrative rules promulgated thereunder.
(c) The name, address, and birth date of each principal officer, owner, and board member of the proposed cannabis establishment.
(d) A sworn statement that no principal officer, owner, or board member has been convicted of a felony offense in the previous ten years in any jurisdiction.
(e) A copy of the applicant's sales tax license.
(f) Any additional information requested by the city.
(C) Unless specifically listed as a permitted use in a particular zoning district, cannabis establishments shall be prohibited in the district.
(D) Any other requirements established by the city through resolution or ordinance.
(Ord. 1013, passed 11-1-2021)
(A) The city will issue a license unless:
(1) The applicant has made a false statement on the application or submits false records or documentation;
(2) Any owner, principal officer, or board member of the applicant is under the age of 21 years;
(3) Any owner, principal officer, or board member of the applicant has been convicted of a felony offense in the previous ten years in any jurisdiction;
(4) The proposed location does not meet the applicable zoning requirements under Chapter 154;
(5) The proposed location does not meet all location requirements under SDCL § 34-20G and the administrative rules promulgated thereunder;
(6) The license is to be used for a business prohibited by state or local law, statute, rule, ordinance, or regulation;
(7) Any owner, principal officer, or board member of the applicant has had a cannabis establishment license revoked by the city or a registration certificate revoked by the state;
(8) An applicant, or an owner, principal officer, or board member thereof, is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to any cannabis establishment; or
(9) The applicant will not be operating the business for which the license would be issued.
(B) In the case of an application for a cannabis dispensary license, the city will reject the application if the limit on the number of cannabis dispensaries has been reached.
(C) The license must be posted in a conspicuous place at or near the entrance to the cannabis establishment so that it may be easily read at any time.
(Ord. 1013, passed 11-1-2021)
Upon request from the Department as to the city's preference of applicants, the city will neither support nor oppose any registration certificate application under consideration by the Department. Likewise, if inquiry is made by the Department, the city will abstain from endorsing any application as beneficial to the community.
(Ord. 1013, passed 11-1-2021)
No more than two cannabis dispensaries shall be allowed to operate in the city at any time provided the time, place, and manner of the dispensaries comply with this chapter. The numerical limits on cannabis dispensaries may be altered at any time by resolution of the City Council.
(Ord. 1013, passed 11-1-2021)
(A) Each license expires one year from the date of issuance and may be renewed only by making application as provided in § 117.04. Application for renewal must be submitted at least 30 days but not more than 60 days before the expiration date. The license holder must continue to meet all license requirements to be eligible for a renewal.
(B) The renewal fee is $10,000. The city will reimburse 80% of the application fee for applicants who make timely application to the South Dakota Department of Health but are unable to obtain a renewal from the Department for any reason.
(C) Failure to renew a license in accordance with this section may result in additional fees. Upon expiration of the license, the city may order closure of the cannabis establishment.
(D) If a license holder has not operated an establishment for which it holds a license in the preceding 12 months, the license will not be renewed.
(Ord. 1013, passed 11-1-2021)
Loading...