In those zoning districts in which a recreational cannabis dispensing organization may be located, the proposed facility must comply with the following:
(A) Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed child care facility, public park, public library, recreational center or arcade other than one licensed to operate video gaming terminals and which prohibits access to persons under age 21 years. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(B) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(C) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.
(D) Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by § 154A.10 (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked by the Mayor following not less than three days' notice and an evidentiary hearing, provided that the permittee may appeal such action to the Village Board as a final administrative remedy.
(F) Petitioner shall file an affidavit with the village affirming compliance with this section.
(Ord. 2019-O-18, passed 10-15-19)