A.   Short Title: This chapter shall be known and may be cited as the MARIJUANA ESTABLISHMENT ORDINANCE.

   B.   Authority: The City Council has the authority to adopt this chapter pursuant to the Nevada Constitution and Nevada Revised Statutes, including, but not limited to, Nevada Revised Statutes 278, 453A.350, and 453D.

   C.   Application: This chapter shall apply to all lands within the boundaries of the City, as defined in this chapter. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   Intent: The intent of this chapter is to establish the zoning, land use and development requirements applicable to medical and non-medical marijuana uses, as authorized under chapter 453A and 453D of Nevada Revised Statutes.

   B.   Purpose: Pursuant to its general authority to regulate the cultivation, production, dispensing, distribution, testing and sale of medical and non-medical marijuana, the City Council declares that the public health, safety and general welfare of the City are best promoted and protected by requiring the zoning regulations and standards set forth in this chapter. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   Definitions: Certain words or phrases unique to this chapter shall be construed as herein set out unless it is apparent from the context that they have a different meaning.

    COMMUNITY FACILITY: Any of the following: a facility that provides daycare to children, a public park, a playground, a public swimming pool, a center or facility which provides recreational opportunities or services to children or adolescents, a church, synagogue, or other building, structure or place used for religious worship or other religious purposes.

   CULTIVATION FACILITY: A business that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells marijuana or related supplies to marijuana dispensaries, facilities for the production of edible marijuana products or marijuana infused products, or other cultivation facilities.

   DEPARTMENT: Department means the Department of Taxation.

   DIVISION: Division means the Division of Public and Behavioral Health of the Department of Health and Human Services.

   EDIBLE MARIJUANA PRODUCTS: Products that contain marijuana or an extract thereof, are intended for human consumption by oral ingestion, and are presented in the form of foodstuffs, extracts, oils, tinctures and other similar products.

   FACILITY FOR THE PRODUCTION OF EDIBLE MARIJUANA PRODUCTS OR MARIJUANA INFUSED PRODUCTS: A business that acquires, possesses, manufactures, delivers, transfers, transports, or sells edible marijuana products or marijuana infused products to medical marijuana dispensaries and marijuana retail stores.

   INDEPENDENT TESTING LABORATORY: A private, independent testing laboratory wherein marijuana, edible marijuana products, and marijuana infused products that are to be sold in the State of Nevada are tested to determine: 1) the concentration of THC and cannabidiol; 2) whether the tested material is organic or nonorganic; 3) the presence and identification of molds and fungus; and 4) the presence and concentration of fertilizers and other nutrients.

   MARIJUANA: Marijuana has the meaning ascribed to it in Nevada Revised Statutes 453D.030.

   MARIJUANA DISTRIBUTOR: Shall have the same meaning ascribed to it in Nevada Revised Statutes 453D.030 and means an entity licensed to transport marijuana from a retail establishment to another retail marijuana establishment.

   MARIJUANA ESTABLISHMENT: A "marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a marijuana distributor, a medical marijuana dispensary, or a retail marijuana store.

   MARIJUANA PRODUCTS: Shall have the same meaning ascribed to it in Nevada Revised Statutes 453D and means products that are infused with marijuana or an extract thereof; and are intended for use or consumption by humans through means other than inhalation or oral ingestion. The term includes, without limitation, topical products, ointments, oils and tinctures.

   MARIJUANA RETAIL STORE: A business that acquires, possesses, delivers, transfers, transports, supplies, sells, or dispenses marijuana, or related supplies.

   MEDICAL MARIJUANA: Medical marijuana means the possession, delivery, production or use of marijuana pursuant to Nevada Revised Statutes 453A.

   MEDICAL MARIJUANA DISPENSARY: A business that acquires, possesses, delivers, transfers, transports, supplies, sells, or dispenses medical marijuana, or related supplies and educational materials to the holder of a valid Nevada registry identification card, or his/her caregiver.

   MEDICAL MARIJUANA ESTABLISHMENT: A "medical marijuana establishment" means a medical marijuana cultivation facility, a marijuana testing facility, a medical marijuana product manufacturing facility, a marijuana distributor, or a medical marijuana dispensary.

   PARAPHERNALIA 1 : Shall have the same meaning ascribed to it in Nevada Revised Statutes 453A.125. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   Allowed Zones: Medical and non-medical marijuana establishments shall be allowed within the Industrial-Light (IR-1) and Industrial-Heavy (IR-2) Zones, subject to compliance with the distance separation requirements contained herein and upon the approval of a conditional use permit.

   B.   Limit On Medical And Non-Medical Marijuana Dispensary Permits: There shall be allowed no more than one medical and non-medical marijuana dispensary for each twenty five thousand (25,000) in population for the combined population of the City of Mesquite and the Town of Bunkerville, and the issuance of an additional medical and non-medical marijuana dispensary license shall not occur until the combined population of the City of Mesquite and the Town of Bunkerville is fifty thousand (50,000) as determined and reported by the State of Nevada Department of Taxation, pursuant to the provisions of Nevada Revised Statutes 360.283, and as certified by the Governor, pursuant to the provisions of Nevada Revised Statutes 360.285. If properly licensed and registered with the Nevada Department of Taxation for both medical and non-medical marijuana, one marijuana establishment may dispense and sell both products.

   C.   Permanent Building: The business shall be located in a permanent building, with an engineered foundation that meets City of Mesquite Building Code, and not located in a mobile home, trailer, cargo container, motor vehicle, or similar personal property. A medical and non-medical marijuana establishment may be located in a completely enclosed, stand alone building, or one or more establishments under the same ownership may be located together in the same building. A separate business license must be obtained, however, for each dispensary, cultivation facility, or production facility.

   D.   Access: The proposed marijuana establishment (medical and nonmedical) will have direct access (both ingress and egress) from a public street. Only one secured exterior doorway shall be allowed for the purpose of ingress or egress to a marijuana dispensary, and such doorway shall be visible from the street or parking lot. Any existing doorways beyond this allowance shall be permanently closed by removing the door and frame and filling in the opening with permanent construction to match the exterior wall.

   E.   Circulation: No drive-through facilities shall be permitted in conjunction with a medical marijuana dispensary, or retail marijuana store.

   F.   Outside Storage: No outside storage shall be permitted for medical and non-medical marijuana establishments, including the use of shipping containers for onsite storage.

   G.   Size: The minimum size of a medical marijuana dispensary or marijuana retail store shall be one thousand (1,000) square feet, and the size and design must provide sufficient interior space to provide for adequate customer waiting areas, customer queuing, and transaction space.

      1.   The maximum size tenant space for a medical marijuana dispensary or marijuana retail store shall be limited to the square footage dedicated for such use with one exit (3,000 square feet).

      2.   The minimum size of a medical marijuana or marijuana cultivation facility shall be five thousand (5,000) square feet.

      3.   The minimum size of a medical marijuana or marijuana production facility shall be three thousand five hundred (3,500) square feet.

   H.   Accessory Uses: No accessory uses are permitted in association with a medical marijuana dispensary, or marijuana retail store, except for the retail sale of clothing, novelties, and marijuana paraphernalia as defined in Nevada Revised Statutes 453A.125.

   I.   Signs: Signage for the establishment shall conform to the standards found in section 9-10-9, "Sign Regulations For Industrial Districts", of this title; and if located in the Mesquite Technology and Commerce Center (MTCC), signs shall meet the MTCC design standards, and shall be reviewed and approved by the City's Architectural Review Committee.

      1.   Shall not place an advertisement:

         a.   Within one thousand feet (1,000') of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within one thousand feet (1,000') of the location of the advertisement;

            (1)   However, this distance limitation does not apply to any school or community facility whose owners/operators sign a disclosure statement acknowledging that they are moving to a location within one thousand feet (1,000') of an existing marijuana establishment.

         b.   On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or

         c.   At a sports or entertainment event to which persons who are less than twenty one (21) years of age are allowed entry.

         d.   Off-site temporary directional signs may be permitted by the City, subject to applicable codes, and provided that the temporary signs only contain the name of the marijuana business and a directional arrow.

   J.   Expiration Of Permit: The conditional use permit shall be void without further action if:

      1.   The use ceases for a period exceeding ninety (90) days.

      2.   Substantial progress toward commencement of the business is not made within ninety (90) days of conditional use permit approval.

         a.   For purposes of this section, "substantial progress" shall mean obtaining a license from the State Department of Taxation, and/or, obtaining an occupancy permit or building permit for the proposed facility.

   K.   State Approval: Medical marijuana and marijuana establishments shall obtain approval from the State of Nevada to operate such facilities prior to the conditional use permit being exercised.

   L.   Off Street Parking: Marijuana establishments shall provide off street parking facilities in conformance with section 9-8-5, "Off Street Parking And Loading", of this title. (Ord. 525, 9-26-2017, eff. 10-18-2017; amd. Ord. B21-004, 5-11-2021)

Medical marijuana and marijuana dispensaries, cultivation facilities, independent testing laboratories, and facilities for the production of edible marijuana products or marijuana infused products, shall require the approval of a conditional use permit. (Ord. 525, 9-26-2017, eff. 10-18-2017)

In addition to the general application requirements detailed elsewhere in this title, an applicant for a conditional use permit to allow for the operation of a medical marijuana dispensary, marijuana retail store, marijuana cultivation facility, an independent testing laboratory, or a facility for the production of edible marijuana products or marijuana infused products shall complete a supplemental application which includes all of the following information:

   A.   A site plan drawn to scale showing the location of the proposed building on the lot; property lines; adjoining streets; driveway locations; parking layout; landscaping; walls/fences; solid waste enclosures; and easements.

   B.   Elevation drawings or photographs of the proposed building which demonstrate that the building is consistent with the traditional style of pharmacies and medical offices in the community.

   C.   Rendering of proposed signage showing that the proposed signs are consistent with chapter 10 of this title. Evidence shall be submitted that the division to regulate medical and non-medical marijuana has approved the name, logo, sign(s) and advertisement of the establishment.

   D.   The City of Mesquite regulatory zone for the parcel.

   E.   Name of the medical marijuana or marijuana establishment.

   F.   Site address and assessor's parcel number.

   G.   A statement describing what activity will occur at the site - marijuana cultivation facility, facility for the production of edible marijuana products or marijuana infused products, marijuana independent testing laboratory, marijuana dispensary, marijuana retail store, or a combination of the above.

   H.   The name and physical address of any other marijuana establishment within Clark County in which any owner, officer, manager, or director of the applicant has an ownership interest in, or contractual relationship or is otherwise associated with.

   I.   The name and location of the off-site marijuana cultivation facility providing the marijuana or medical marijuana, if applicable. The name and location of the marijuana independent testing laboratory providing laboratory service, if applicable.

   J.   A description of all toxic, flammable or other materials regulated by a Federal, State or local government with authority over the business that will be used or kept at the marijuana establishment, the location of such materials, how such materials will be stored, and how such materials will be used. The City of Mesquite Fire Marshal shall review the application submission, as applicable, for compliance with local, State and Federal regulations.

   K.   A plan that complies with existing Southern Nevada Health District regulations governing air quality for the medical and non-medical marijuana establishment that prevents or controls any dust, fumes, vapors, or odor of marijuana off the premises of the establishment. (Ord. 525, 9-26-2017, eff. 10-18-2017)

All conditional use permit applications for medical and non- medical marijuana establishments must abide by the following conditions of approval. The City Council may impose conditions of approval that are more restrictive than those required by this section. The approval of all conditional use permits authorizing the operation of a medical or non-medical marijuana establishment must contain at a minimum the following conditions:

   A.   The conditional use permit grantee must provide to the City of Mesquite Development Services Department a copy of the registration certificate issued by the State of Nevada prior to commencing operations.

   B.   The establishment must continue to meet all requirements for a medical or non-medical marijuana establishment to qualify for and maintain its certificate of registration as set forth by State law.

   C.   The establishment must comply with all operating procedures required by State law.

   D.   The establishment must prohibit anyone from consuming marijuana on the premises.

   E.   If the establishment has signage, the signage shall conform to the requirements of subsection 9-15-4I of this chapter.

   F.   The establishment must prohibit anyone under the age of twenty one (21) years on the premises unless the person holds a valid registry identification card or is accompanied by a parent or guardian.

   G.   The establishment must prohibit medical or non-medical marijuana activities including, without limitation, cultivating, growing, processing, displaying, selling or storage from being conducted outdoors.

   H.   All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility.

   I.   The establishment must prevent medical or non-medical marijuana or paraphernalia from being displayed or kept in a manner that is visible from outside the facility.

   J.   The establishment must post a legible sign inside the facility stating that:

      1.   The use or distribution of marijuana is a violation of Federal law.

      2.   Consumption of marijuana on the premises is prohibited.

      3.   No one under the age of twenty one (21) years is permitted on the premises.

   K.   The conditional use permit grantee shall submit (on a form provided by the City) a notarized affidavit in which the grantee acknowledges that the operation of a medical or non-medical marijuana establishment is a violation of Federal law.

   L.   The conditional use permit grantee shall submit a notarized statement in which the grantee agrees to hold the City of Mesquite harmless against any Federal law enforcement actions that may result from the activities of the medical or non-medical marijuana establishment that is the subject of the conditional use permit.

   M.   The facility must employ security and surveillance systems as outlined in section 9-15-9 of this chapter. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   All medical and non-medical marijuana establishments must be located a distance of at least one thousand feet (1,000') from any of the following existing land uses:

      1.   Public or private schools (grades K - 12).

      2.   Community facilities as defined in this chapter.

      3.   This distance limitation does not apply to any school or community facility whose owners/operators sign a disclosure statement acknowledging that they are moving to a location within one thousand feet (1,000') of an existing medical or non-medical marijuana establishment.

   B.   All medical marijuana dispensaries or marijuana retail stores must be located a distance of at least three hundred feet (300') from the closest residential dwelling. The foregoing distance requirement may be waived through the conditional use permit only if it can be shown by clear and convincing evidence by the applicant that a waiver of such distance requirements will not compromise the general intent of this Code to protect the public health, safety, and general welfare of the citizens of the City.

   C.   These separation requirements in subsections A and B of this section shall be measured by a straight line in all directions, without regard to intervening structures or objects, from the entry door of the prospective medical or non-medical marijuana establishment to the closest point of the property line of the nearest church, school, community facility, and residential dwelling. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   The establishment must install security surveillance cameras that monitor all entrances, along with the interior and exterior of the premises. Recordings from these cameras must be maintained in a retrievable manner for at least thirty (30) days from the date recorded. All entrances must be illuminated with dusk till dawn lighting, and dispensary entrances shall be visible from a public street or parking lot.

   B.   The establishment must install and maintain in good working condition robbery and burglary alarm systems. (Ord. 525, 9-26-2017, eff. 10-18-2017)

   A.   It is unlawful for any person to smoke or otherwise consume marijuana in a public place. Marijuana, and marijuana infused products may only be consumed in the privacy of one's home or private yard, unless otherwise provided for in Nevada Revised Statutes. (Ord. 525, 9-26-2017, eff. 10-18-2017)