a. The dispensary or delivery only dispensary will operate or, if a renewal application, currently operates, in conformity with the all applicable state laws, and the provisions of this Chapter and the City Code.

b. The dispensary or delivery only dispensary location does not have significant crime issues (e.g., based upon crime reporting district/statistics as maintained by the Police Department).

c. There have not been excessive numbers of calls for police service, crimes or arrests in the area or to an existing dispensary or delivery only dispensary location (or to a dispensary or delivery only dispensary located in another jurisdiction with which the applicant is affiliated in any way).

d. The applicant, and all managers, supervisors, employees and volunteers are at least 21 years of age.

e. All required application materials have been provided and/or the dispensary or delivery only dispensary has operated successfully in a manner that shows it will comply with the operating requirements and standards specified in this section.

f. That all required application or annual renewal fees have been paid and reporting requirements have been satisfied in a timely manner.

g. The physical size of the dispensary or delivery only dispensary conforms with the requirements of this section and the dispensary or delivery only dispensary will be, or if a renewal application, currently is, one of three or fewer total licensed dispensaries or one of the two or fewer total licensed delivery only dispensaries operating within the City.

h. The location is not prohibited by the provisions of this section or any applicable local or State law, statute, rule or regulation.

i. The site plan, floor plan, and security plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements of this section. These features may include, but are not limited to, security on site; procedure for allowing entry; openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishing and features that encourage loitering and nuisance behavior.

j. No dispensary or delivery only dispensary applicant, owner, licensee, agent, manager, or supervisors, who will work, or, if renewal, currently works at the dispensary or delivery only dispensary, has violated any provision of this section such that grounds exist to suspend or revoke a dispensary or delivery only dispensary license.

k. The dispensary or delivery only dispensary has incorporated all reasonable measures into the operating plan and consistently taken steps to successfully control the establishment’s patrons’ conduct resulting in disturbances, vandalism, uncontrolled crowds in or outside the dispensary, traffic control problems, or creation of a public or private nuisance, or interference of the operation of another business.

l. That the dispensary or delivery only dispensary has not caused or been the site of nuisance activities including disturbances of the peace, illegal drug activity, ingesting marijuana in public in violation of state law, harassment of passerby, excessive littering, excessive loitering, illegal parking, excessive loud noises, especially late at night or early in the morning hours, lewd conduct, or police detentions or arrests.

m. No provision of the Municipal Code or condition imposed by a City issued license, or any provision of any other applicable local or State regulation, order, or any condition imposed by permit issues in compliance with those laws has been violated.

n. The applicant has not violated any applicable local or State law, statute, rule or regulation respecting the distribution, possession, or consumption of marijuana.

o. The applicant has neither knowingly made a false statement of material fact, nor knowingly omitted a material fact from the dispensary license application.

p. An applicant who has been convicted of a felony within the past ten (10) years may not be actively engaged in the operation or financing of any dispensary or delivery only dispensary.

q. The applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. (Ord. #201-2017)