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10B Action 2019 0318
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10B Action 2019 0318
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3/8/2019 6:21:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/18/2019
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5 <br /> <br />(b) This Chapter does not apply to tThe individual possession or cultivation of <br />medical marijuana for personal use, nor does this Chapter apply to, as well as the <br />usage, distribution, cultivation or processing of medical marijuana by qualified patients <br />or primary caregivers for medical purposes, including when such group is of three (3) <br />or less individuals, and distributing, cultivating or processing the marijuana from a <br />residential unit or a single non-residential parcel of land. Associations of three (3) or <br />less qualified patients or primary caregivers shall not be required to obtain a <br />Dispensary permit under this Chapter, but must comply with all applicable State Laws <br />and City ordinances, including but not limited to the Zoning Code, the Building Code, <br />and the Municipal Code and the Attorney General Guidelines. <br /> <br />(c) The City shall issue no more than three (3) valid permits for the operation <br />of dispensaries in the City. A dispensary that has been issued a valid City permit <br />prior to January 1, 2019 must be in operation on or before December 31, 2019. <br />Any dispensary in possession of a valid permit that is not in operation on January <br />1, 2020 shall be automatically and unconditionally revoked without prejudice or <br />recourse. <br /> <br />(d) In addition to the requirements specified in Chapter 2-2 related to Business <br />Licenses, the permit application for a Dispensary shall set forth the following <br />information: <br /> <br />(1) Unless it is determined by the City that the location will not impact the <br />peace, order and welfare of the public, evidence that the proposed location of such <br />Dispensary is not within one thousand (1000’) feet of a public or private school, public <br />library, youth center (serving youth ages eighteen (18) and under), parks and recreation <br />facilities, facilities for religious worship and incidental religious education and another <br />Dispensary and five hundred (500’) feet from a residential zone. The proposed <br />Dispensaries must be located in a commercial or industrial zone, or its equivalent as <br />may be amended, of the City. <br /> <br />(2) A complete description of the type, nature and extent of the enterprise to <br />be conducted. <br /> <br />(3) A plan of operations that will describe how the Dispensary will operate <br />consistent with State law, the provisions of this Chapter, the City’s Municipal and <br />Zoning Codes, and conditions of approval including but not limited to: <br /> <br />(i) Controls to verify medical marijuana will be dispensed only to <br />qualified patients, and primary caregivers, or adults 21 years of age or older; and <br /> <br />(ii) Controls to acquire, possess, transport and distribute marijuana to <br />and from customersmembers, and plans to ensure marijuana is acquired in compliance <br />with relevant laws and regulationsas part of a closed-circuit of marijuana cultivation and <br />consumption. <br />
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