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(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)
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