Any medical marijuana dispensary must comply with the following requirements, in addition to any other state or local requirements:
A. The dispensary must have a current City business license.
B. The dispensary must meet applicable land-use, building and fire codes.
C. 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.
D. Marijuana and tobacco products must not be smoked, ingested or otherwise consumed on the premises of the dispensary.
E. Operating hours for retail sales to Medical Marijuana Qualifying Patients must be no earlier than 9:00 a.m. or later than 7:00 p.m. on the same day.
F. 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.
G. The dispensary must not be co-located on the same property or within the same building with any marijuana social club or smoking club.
H. No minor is allowed on the premises unless the minor is a cardholder and is accompanied by a parent or guardian whose purpose is to procure the minor’s medicine. No minor is allowed to enter the area of the facility where medical marijuana is present.
I. 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.
J. 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.
K. 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 (3) years records containing at least the following information:
1. True names and any aliases of any operator of the dispensary, as that term is defined in Section 6.50.020.N of this chapter;
2. 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
3. The Administrator may require additional information as he or she deems necessary.
L. Each dispensary must display its current permit inside the dispensary in a prominent place easily visible to persons conducting business in the dispensary.
M. 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. (Ord. 3099, amended, 2014)