5.30.060 Permit conditions.
Any medical marijuana dispensary must comply with the following requirements, in addition to any other state or local requirements:
(1) The dispensary must have a current city occupancy permit and commercial business license.
(2) The dispensary must be current on any fees or taxes owed the city.
(3) The dispensary must meet applicable land use, building and fire codes.
(4) The dispensary must not manufacture or produce any extracts, oils, resins or similar derivatives of marijuana on site and must not use open flames in the preparation of any products.
(5) Marijuana and tobacco products must not be smoked, ingested or otherwise consumed on the premises of the dispensary.
(6) Operating hours for retail sales to medical marijuana qualifying patients must be no earlier than 7:00 a.m. or later than 10:00 p.m. on the same day.
(7) The dispensary must utilize an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the dispensary to the premises. For the purposes of this provision, the standard for judging “objectionable odors” shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected.
(8) The dispensary must not be co-located on the same property or within the same building with any marijuana social club or smoking club.
(9) No minors are allowed on the premises.
(10) A person who has been convicted in any state for the manufacture or delivery of a controlled substance listed in CFR Schedule I or Schedule II once or more in the previous five years or twice or more in the person’s lifetime may not be an operator or employee of a dispensary proposed or operating in the city or have a financial interest in a dispensary in the city.
(11) The dispensary must have an accounting system specifically designed for enterprises reliant on transactions conducted primarily in cash and sufficient to maintain detailed, auditable financial records. If the administrator finds the books and records of the operator are deficient in any way or if the operator’s accounting system is not auditable, the operator must modify the dispensary’s accounting system to meet the requirements of the administrator.
(12) Every dispensary must keep and preserve, in an accounting format established by the administrator, records of all sales made by the dispensary and such other books or accounts as may be required by the administrator. Each dispensary operator must keep and preserve for a period of at least three years records containing at least the following information:
(a) True names and addresses and any aliases of any operator of the dispensary, as that term is defined in NBCC 5.30.020(14); true names and addresses and any aliases of persons that have, or have had within the preceding year, a financial interest in the dispensary; and
(b) The administrator may require additional information as he or she deems necessary.
(13) Dispensaries shall not be engaged in the production, manufacture, distribution or sale of recreational marijuana or recreational marijuana related products, nor shall dispensaries be co-located or share the same physical facilities with recreational marijuana business.
(a) Each dispensary must display its current permit inside the dispensary in a prominent place easily visible to persons conducting business in the dispensary.
(b) Sales or any other transfers of marijuana products on the dispensary premises must occur inside the dispensary building and must be conducted only between the dispensary and medical marijuana qualifying patients.
(14) No marijuana dispensary or retailer shall be located in an area zoned exclusively for residential use; nor shall they be located within 1,000 feet of a public elementary or secondary school for which attendance is compulsory; or private or parochial elementary or secondary school, teaching children for a period equivalent to that required of children attending public schools, with the following exceptions:
(a) A dispensary or retailer may be located within 1,000 feet of a school if the dispensary or retailer is not located within 500 feet of:
(i) A public elementary or secondary school for which attendance is compulsory; or a private or parochial elementary or secondary school, teaching children for a period equivalent to that required of children attending public schools; and
(ii) The appropriate state agency determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the marijuana retailer; or
(b) The marijuana retailer or dispensary was established before August 1, 2017, in accordance with a city or county ordinance.
(15) No retailer or dispensary shall be located within 1,000 feet of another retailer or dispensary. For purposes of determining the distance between retailers or dispensaries, “within 1,000 feet” means a straight-line measurement in a radius extending for 1,000 feet or less in any direction from the closest point anywhere on the boundary line of the real property comprising a licensed retailer or dispensary to the closest point of the premises of a retailer or dispensary applying for licensing. If any portion of the subject premises is within 1,000 feet of a licensed retailer or dispensary a license will not be issued. (Ord. 2071 § 1, 2023; Ord. 2056 § 1, 2022; Ord. 2045 (Exh. B), 2021; Ord. 2043 § 4, 2020; Ord. 2000 § 1, 2016)