A. Except as provided in paragraph C, marijuana dispensary is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance, or operation of a marijuana dispensary within the Town except as provided in paragraph C.
B. The prohibition in paragraph A explicitly prohibits, without limitation, any use or activity that may be authorized under a State license described in Business and Professions Code sections 26050(a)(18) and (20), as amended.
C. Medicinal marijuana dispensaries that operate under a M-Type 9 (non-storefront retailer) license from the Department of Cannabis Control, as such license type may be amended or renamed from time to time, are a permitted use by right for existing developments and Site Plan Review (SPR) for new developments in the I (Industrial) and OTI/C (Old Town Industrial/Commercial) zones. Adult-use marijuana dispensaries operating under an A-Type 9 or mixed A & M-Type 9 license are prohibited, as are all marijuana dispensaries operating under a Type 10 (storefront retailer) State license. A permitted non-storefront medicinal marijuana dispensary shall comply with the following requirements:
1. The use shall not be located within 600 feet of a day care center, a youth center, a preschool, or a public or private school. The distance specified herein shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line on which the cannabis business is or will be located, to the nearest property line of the parcel where such use is located.
2. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the marijuana dispensary that is distinctive to its operation is not detected outside the premises, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the business. As such, a marijuana dispensary must install and maintain the following equipment or any other equipment which the Town determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the businesses’ interior and exterior so that the odors generated inside the business are not detectable outside the business.
3. Marijuana, marijuana products, and marijuana paraphernalia shall not be visible from the exterior of the use.
4. The use shall comply with all State laws and regulations governing the retail sale and delivery of marijuana and the operation and licensure of marijuana businesses. A violation of any State law or regulation shall be deemed a violation of this code. (Ord. 268, 7-18-2017; Ord. 307, 12-5-2023)