MEDICAL AND ADULT-USE CANNABIS ESTABLISHMENTS

Reno Administrative Code tit. 5, ch. 5.22

in effect

Reno Administrative Code § 5.22.005 Findings.

Sec. 5.22.005. - Findings. Footnote: The following findings regarding medical cannabis establishments and adult-use cannabis establishments were made in 2014 and 2018 respectively. Subsequently, the Nevada Legislature modified governing law, definitions, and terminology relating to said establishments; therefore, portions of these findings were amended to reflect current information. Additionally, the 2019 Nevada Legislature enacted Assembly Bill 533 which created the Cannabis Compliance Board and transferred the responsibility of cannabis establishment licensure and regulation from the Department of Taxation to the Cannabis Compliance Board. With regard to medical cannabis establishments, the Reno City Council finds and declares as follows: (1) The Constitution of the State of Nevada Article 4, Section 38 directs the State of Nevada legislature to provide for, among other things, the authorization of appropriate methods to supply cannabis to patients authorized to use it for medical purposes. The 2013 Nevada Legislature enacted Senate Bill 374 (Chapter 457, Statutes of Nevada 2013) significantly amending NRS Chapters 372A (Tax on Controlled Substances) and Chapter 453A (Medical Use of Cannabis) to provide for exemption from criminal prosecution and the certification, taxation and regulation of medical cannabis establishments, which include dispensaries, cultivation facilities, testing laboratories and production facilities of edible cannabis products by the Nevada Division of Public and Behavioral Health of the Department of Health and Human Services (the division). The 2017 Nevada Legislature enacted Senate Bill 487 and Assembly Bill 422 which transferred the responsibility for the regulation of medical cannabis establishments to the Nevada Department of Taxation (the department); and (2) NRS provides that the department shall issue up to 13 registration certificates to operate medical cannabis dispensaries in the various local jurisdictions within Washoe County and shall further determine the appropriate number of other types of medical cannabis establishments and issue registration certificates to operate within the local jurisdictions in Washoe County. The City currently has four medical cannabis dispensaries; and (3) NRS provides that if a local jurisdiction issues business licenses, the registration certificate issued by the department is deemed to be provisional until a business license is issued and the medical cannabis establishment is in compliance with all applicable rules and ordinances of the local jurisdiction; and (4) To the extent that medical cannabis establishments are registered and authorized by the State of Nevada to operate in the corporate limits of the City, this city council desires to provide for their licensing and regulation to protect the public health, safety and general welfare of the citizens of the City and to regulate the use of buildings, structures, land use and business and other purposes; and (5) Since the use, cultivation, distribution, production, possession and transportation of cannabis remains illegal under federal law, and cannabis remains classified as a Class I controlled substance by both Nevada and federal law, those involved with medical cannabis establishments may still be prosecuted under the Federal Controlled Substance Act ("CSA") regardless of whether the medical cannabis establishment is in compliance with state law or has received a license to operate a medical cannabis establishment in the City. The enforcement of the CSA is left to federal prosecutors who decide which cases to prosecute when weighing all relevant considerations, including federal law enforcement priorities set by the Attorney General. Previous nationwide guidance to federal prosecutors specific to cannabis enforcement was rescinded by Attorney General Jefferson B. Session's Memorandum dated January 4, 2018. This chapter is intended to implement NRS and to establish criteria for the issuance of licenses that are a prerequisite for the exemption from state prosecution provided for in NRS. A license issued pursuant to this chapter does not provide any exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the possession, use, consumption, purchase, transportation or cultivation of cannabis under federal law. The city council does not have the authority to, and nothing in this chapter is intended to, authorize, promote, condone or aid the possession, use, consumption, purchase, transportation or cultivation of cannabis in violation of any applicable law, including, without limitation, the CSA; and (6) The city council declares that this chapter is an exercise of the regulatory powers delegated to the city council pursuant to the city charter and NRS 268. The regulations contained in this chapter involve, to the highest degree, the economic, social, physical and moral well-being of the residents and taxpayers of the City. The cultivation, distribution, production and sale of medical cannabis is not a matter of right but of privilege which would otherwise be unlawful under state law if it were not conducted pursuant to NRS, local land use regulations and a license under this chapter. Nothing in this chapter shall be construed to confer any claim of entitlement to any benefit which might otherwise devolve upon any licensee. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the City in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Medical cannabis establishments shall cooperate with the City and each of its departments in the exercise of their duties under this chapter. With regard to adult-use cannabis establishments, the Reno City Council finds and declares as follows: (1) On November 8, 2016, statewide ballot question number 2 (question 2) was passed by Nevada voters, legalizing the recreational use of cannabis by individuals aged 21 or over. Question 2 was codified NRS which exempts a person who is 21 years of age or older from state or local prosecution for possession, use, consumption, purchase, transportation or cultivation of certain amounts of adult-use cannabis. (2) NRS provides that the department and/or Board shall issue up to 20 licenses to operate adult-use cannabis retail stores in the various local jurisdictions within Washoe County. The department's regulations allocate adult-use cannabis retail stores by population, and up to ten of adult-use cannabis retail stores may be allocated to the City; and (3) To the extent that adult-use cannabis establishments are licensed by the department and/or Board to operate in the corporate limits of the City, this City council desires to provide for their licensing and regulation to protect the public health, safety and general welfare of the citizens of the City and to regulate the use of buildings, structures, land use and business and other purposes; and (4) Since the use, cultivation, distribution, production, possession and transportation of cannabis remains illegal under federal law, and cannabis remains classified as a Class I controlled substance by both Nevada and federal law, those involved with adult-use cannabis establishments may still be prosecuted under the Federal Controlled Substance Act ("CSA") regardless of whether the adult-use cannabis establishment is in compliance with state law or has received a license to operate an adult-use cannabis establishment in the City. The enforcement of the CSA is left to federal prosecutors who decide which cases to prosecute when weighing all relevant considerations, including federal law enforcement priorities set by the attorney general. Previous nationwide guidance to federal prosecutors specific to cannabis enforcement was rescinded by Attorney General Jefferson B. Session's Memorandum dated January 4, 2018. A license issued pursuant to this chapter does not provide any exception, defense or immunity to any person in regard to any potential criminal liability the person may have for possession, use, consumption, purchase, transportation or cultivation of cannabis under federal law. The city council does not have the authority to, and nothing in this chapter is intended to, authorize, promote, condone or aid the possession, use, consumption, purchase, transportation or cultivation of cannabis in violation of any applicable law, including, without limitation, the CSA; and (5) The city council declares that this chapter is an exercise of the regulatory powers delegated to the city council pursuant to the city charter and NRS Chapter 268. The regulations contained in this chapter involve, to the highest degree, the economic, social, physical and moral well-being of the residents and taxpayers of the City. The possession, use, consumption, purchase, transportation, cultivation, and sale of adult-use cannabis is not a matter of right but of privilege which would otherwise be unlawful under state law if it were not conducted pursuant to NRS, local land use regulations and a license under this chapter. Nothing in this chapter shall be construed to confer any claim of entitlement to any benefit which might otherwise devolve upon any licensee. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the City in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Adult-use cannabis establishments shall cooperate with the City and each of its departments in the exercise of their duties under this chapter. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.006 Purpose and short title.

Sec. 5.22.006. - Purpose and short title. This chapter establishes the minimum procedural requirements for business licenses issued by the City, and shall be known as the Medical and Adult-use Cannabis Code. Nothing in this chapter shall be deemed or construed to exempt any organization from complying with the provisions of any other ordinance of the City, including but not limited to permit requirements, zoning requirements, nuisance ordinances and restrictions on privileged or illegal activities. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.010 Definitions.

Sec. 5.22.010. - Definitions. Unless the context requires otherwise, the scope of all words in this chapter shall be liberally construed in order to effectuate the purpose of this chapter, and, in particular, the following words shall have the meaning ascribed to them unless a different meaning clearly appears in the context. Any word or term not defined in this section shall have the definition ascribed to it in NRS Title 56 or the regulations, which at the time of this ordinance were as set forth below. In the event the definitions in NRS Title 56 or the regulations are revised, the definitions below shall be deemed to be amended to match the definitions in NRS Title 56 or the regulations. Any term not defined herein which is defined in NRS Title 56 or the regulations shall have the same meaning ascribed to such term in NRS Title 56 or the regulations. Board means the Cannabis Compliance Board. City means the City of Reno. Community facility means a facility licensed to provide day care to children, a public park, a public playground, a public swimming pool, a licensed center or facility the primary purpose of which is to provide recreational opportunities or services to children or adolescents, or a licensed church, synagogue, or other building, structure, or place used for religious worship or other religious purpose. Consumer means a person who is 21 years of age or older who purchases medical or adult-use cannabis or medical or adult-use cannabis products for use by persons 21 years of age or older, but not for resale to others. Department means the Nevada Department of Taxation. License division means the City of Reno Business License Division. NRS Title 56 refers to Nevada Revised Statutes Title 56 - Regulation of Cannabis and all chapters thereunder. Premises mean any and all places connected with and accessible to the licensed business. Regulations mean the Nevada Cannabis Compliance Regulations ("NCCR") adopted by the Cannabis Compliance Board pursuant to NRS Title 56, and any subsequent amendments or supplements thereto. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.011 Unlawful acts.

Sec. 5.22.011. - Unlawful acts. In addition to the unlawful acts set forth in NRS Title 56 for the regulation of medical and adult-use cannabis, it is unlawful to: operate any medical or adult-use cannabis establishment in the City in violation of the provisions of NRS Title 56, the regulations, and/or the Reno Municipal Code. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.012 Application and fee requirements.

Sec. 5.22.012. - Application and fee requirements. (a) Following issuance of a conditional medical or adult-use cannabis establishment license issued by the Board pursuant to NRS Title 56, the City will evaluate whether to grant any proposed medical or adult-use cannabis establishment a business license pursuant to Title 4 and 5 after the applicant has provided all documents required by this chapter and city staff, has agreed to all conditions of the license required by the City, if any, has paid all applicable fees, and an initial nonrefundable application fee as set forth in the adopted fee schedule which application fee does not exceed any similar fee imposed on a business pursuant to NRS Chapter 268 and 369. The City is authorized to grant licenses to only those establishments that have received conditional approval from the Board. (b) There are five adult-use cannabis establishment business license categories: (1) Adult-use cannabis independent testing laboratory; (2) Adult-use cannabis cultivation facility; (3) Adult-use cannabis production facility; (4) Adult-use cannabis retail store; and (5) Adult-use cannabis distributor. A separate application and license is required for each adult-use cannabis establishment license a person holds and seeks to operate within the City. A person operating more than one type of adult-use cannabis establishment must apply for and receive a separate license for each type of adult-use cannabis establishment he seeks to operate within the City. (c) There are four medical cannabis establishment business license categories: (1) Medical cannabis independent testing laboratory; (2) Medical cannabis cultivation facility; (3) Medical cannabis production facility; and (4) Medical cannabis retail store. A separate application and license is required for each medical cannabis establishment license a person holds and seeks to operate within the City. A person operating more than one type of medical cannabis establishment must apply for and receive a separate license for each type of medical cannabis establishment he seeks to operate within the City. (d) The City may impose and collect for revenues or for regulation, or both, a license tax on a medical or adult-use cannabis establishment as a flat fee, percentage of the gross revenue of the medical or adult-use cannabis establishment, or a combination of a flat fee and a percentage of gross revenue. The license tax and fees for medical and adult-use cannabis establishments may not exceed the limits set forth in NRS Chapter 268. If a license tax is collected in whole, or in part, on a percentage of the gross revenue of the medical or adult-use cannabis establishment, the gross revenue of the medical or adult-use cannabis establishment shall be determined by using the same method the department uses to calculate the sales price of the medical or adult-use cannabis for purposes of excise taxes due to the state under the regulations and NRS Chapters 372A and Title 56. The medical or adult-use cannabis establishment shall provide to the City all information the establishment provided to the Board, as required by the regulations and NRS Chapters 372A and Title 56, to determine the gross revenue of the establishment, and grants the City the same powers as granted to the department pursuant to the regulations and NRS Chapters 372A and Title 56. The tax imposed is separate from and in addition to any general sales and use taxes that apply to retail sales of tangible personal property. (e) The license requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other law, code or ordinance. In addition, each application for a medical or adult-use cannabis establishment business license shall contain: (1) A complete and accurate copy of the application and all accompanying documents filed with the Board pursuant to NRS Title 56 including, but not limited to all information required to be produced to the Board as required by the regulations. (2) A copy of the conditional license issued by the Board for each medical or adult-use cannabis establishment. (3) A site plan with the following: a. Name of the medical or adult-use cannabis establishment. b. Site address and assessor's parcel number. c. The city regulatory zone for the parcel. d. Proof of compliance, at the time of application for the business license with all spacing requirements set forth in RMC Title 18 and NRS shall be provided by a State of Nevada licensed surveyor. All required spacing criteria shall be measured in a straight line from the front door of the medical or adult-use cannabis establishment to the closest parcel line, as shown on the Washoe County Assessor's records. e. 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 City. f. A detailed rendering of proposed signage. In addition, the applicant shall provide evidence that the Board has approved the name, logo, sign(s) and advertisement(s) of the medical or adult-use cannabis establishment as required by NRS Title 56 and the regulations. (4) A deed showing the applicant is the owner of the property where the medical or adult-use cannabis establishment will be operated. If the applicant is not the owner of the property where the establishment will be operated, a copy of the lease, rental agreement, license or authorization letter from the property owner acknowledging and giving permission for the proposed use of the property as a medical or adult-use cannabis establishment and acknowledgement that the property owner is aware that the use, cultivation, distribution, production, possession and transportation of medical or adult-use cannabis remains illegal under the CSA. (5) A security plan, including a depiction of the location and configuration of security cameras, indicating how the security plan complies with the requirements related to monitoring and securing the licensed premises as required by NRS Title 56 and the regulations. (6) Plans for the disposal of waste must be submitted to the Washoe County Health District for approval and an industrial waste permit obtained from the Washoe County Health District prior to the license division issuing any medical or adult-use cannabis establishment license pursuant to this section. (7) If applicable, a copy of the conditions of approval the applicant has executed with the City, which terms will be a condition of any license issued, and may include, by way of example, and without limitation: a. A limitation of the products and services to be produced or sold by the medical or adult-use cannabis establishment. b. Hours of operation. c. Accounting requirements that includes how sales and inventory will be tracked on a daily, weekly and monthly basis and how this information will be stored and safeguarded. d. Restrictions on signs and advertisements including all proposed exterior and interior signage. e. An acknowledgment that the applicant, and the owner of the property upon which the medical or adult-use cannabis establishment is located, understands applicable federal laws, any guidance or directives issued by the U.S. Department of Justice, the laws of the State of Nevada and the laws and regulations of the City applicable thereto concerning the operation of a medical or adult-use cannabis establishment. The written statement shall also acknowledge that any violation of any laws or regulations of the State of Nevada or of the City, or any activity in violation of any guidance or directives issued by the U.S. Department of Justice, in such place of business, or in connection therewith, or the commencement of any legal proceeding relating to such establishment by federal authorities, may render the permit and such license subject to immediate suspension or revocation. f. A condition that the licensee, and its owners, managers, agents, employees and affiliates jointly and severally agree to indemnify, defend and hold harmless the City, and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against the City, or such elected or appointed officers, employees or attorneys arising out of or in any manner connected with the medical or adult-use cannabis establishment that is subject of the license, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss of damage or any other loss of any kind whatsoever arising there from. The licensee's duty to defend and indemnify the City hereunder shall apply regardless of the City's active or passive fault. The licensee's duty to defend the City is absolute and shall arise as soon as any demand or claim is asserted against the City and is not conditioned upon a finding of fault of the licensee. The City is entitled to choose the attorney assigned to defend against the claims and the licensee shall immediately pay all defense fees and costs charged by the attorney selected by the City. g. The City may require the licensee to obtain a surety bond, in the minimum amount of five hundred thousand dollars ($500,000.00), at his own expense, for the benefit of the City and the applicant's defense and indemnity obligations, and remain in force throughout the term of the license and three years following expiration or termination of the license. h. The licensee shall provide and maintain at all times and at its own expense a certificate of insurance at amounts and terms approved by the license division prior to issuance or renewal of a license. The minimum amount which may be required by the license division shall be one million dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage arising out of licensed activities and one million dollars ($1,000,000.00) products and completed operations aggregate, commercial automobile coverage in a minimum of one million dollars ($1,000,000.00) for any vehicles used in connection with the medical or adult-use cannabis establishment, and excess liability in a minimum of three million dollars ($3,000,000.00). The City shall be named as an additional insured on all general liability, umbrella, and excess insurance policies as City, its elected officials, officers, agents, employees and volunteers are included as additional insured. All policies shall be primary over any other valid and collectible insurance. If a licensee is unable to secure insurance coverage, this provision may be modified or waived by the City in its discretion. i. Other conditions the City may require, in its sole and absolute discretion, as conditions to the license to protect the public health, safety and general welfare of the citizens of the City and to regulate the use of buildings, structures, land use, business and other purposes. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.013 Council action on license.

Sec. 5.22.013. - Council action on license. (a) The city council may, in its discretion, approve, deny, condition, limit, or take such other action with respect to the applications for medical or adult-use cannabis establishment licenses as it considers appropriate. All licenses issued will expire as assigned per the adopted fee schedule. (b) The city council may deny any application if it determines in its sole and absolute discretion that granting the privilege license will not be in the best interest of the welfare, health, or safety of the City; or if the applicant or location of the medical or adult-use cannabis establishment is determined by the council to not be suitable. In considering whether to approve or deny a medical or adult-use cannabis, the city council may consider, by way of example and without limitation, the factors set forth in the regulations as it applies to the City, the background of the applicant, capitalization, past business practices of the applicant, operational plan, organizational structure, environmental sustainability and mitigation plans, location of the proposed establishment, odor control systems and suitability of the building for the use proposed, site plan as to parking, traffic movement and aesthetics, impact on the surrounding neighborhood and the type and degree of security personnel and facilities. (c) A medical or adult-use cannabis establishment license applicant may not exercise any of the privileges of a medical or adult-use cannabis establishment license until the city council approves the license; the establishment has been inspected and approved by the Board and the City, as being in compliance with all requirements of NRS Title 56, the regulations, and all building code requirements; all applicable inspections and license fees are paid; and all conditions of the license have been satisfied. (d) Notwithstanding any other provision of this chapter or state law, the city council may, in its sole discretion, approve, deny, condition, limit, or take such other action as it considers appropriate with respect to a license amendment application for a medical or adult-use cannabis establishment license. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.015 Renewal of business license.

Sec. 5.22.015. - Renewal of business license. In addition to the requirements of Title 4 and 5 of this Code, all applications for renewal of a city medical or adult-use cannabis establishment business license shall be accompanied by a copy of a valid and current state license from the Board and; (1) If any changes are proposed to any item submitted with the initial application to the Board or the City, or to any condition of the issued license, a detailed proposal for changes to such items and submission of new documents which relate thereto, including all documents required by RMC 5.22.012(e); (2) The license division may approve a renewal of the license based on a determination that no material changes have been made to the items submitted with the original application which would require additional review. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.017 Ownership changes.

Sec. 5.22.017. - Ownership changes. Any change in ownership of a medical or adult-use cannabis establishment, conditional or otherwise, must be approved pursuant to NRS Title 56 and the regulations. All Board approved changes shall be reported to the license division within 30 days of the change and shall be accompanied by written approval from the Board and the appropriate city license change application. (Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.020 Time, place and manner restrictions.

Sec. 5.22.020. - Time, place and manner restrictions. (a) Medical and adult-use cannabis establishments must be located in the corporate limits of the City and must be in conformance with Title 18 of the Annexation and Land Development Code. (b) All medical and adult-use cannabis establishments, except for an adult-use cannabis distributor, shall be located in a permanent building that meets all requirements of NRS Title 56, the regulations and the City's building code for commercial buildings and shall not be located in a manufactured or mobile home, trailer, cargo container, motor vehicle or similar personal property, and shall not occur outdoors, whether or not covered or enclosed with security fencing. Each component medical or adult-use cannabis establishment shall maintain legal and operational separation from any other component establishment to the extent required by the regulations. A medical or adult-use cannabis retail store shall have a professional, orderly and dignified appearance which is consistent with the traditional style of pharmacies and medical offices. (c) Each marijuana establishment licensee shall operate in compliance with all state laws, including NRS Title 56, the regulations, all city ordinances and any restrictions imposed in connection with issuance of the license. (d) If an adult-use cannabis distributor is not able to deliver adult-use cannabis to the receiving adult-use cannabis establishment due to normal business operations, or unusual or extraordinary circumstances beyond its control, the distributor shall notify the Reno Police Department of the premises where the adult-use cannabis will be stored and the anticipated date and time of delivery to the same extent as is required to notify the Board. The temporary storage of adult-use cannabis must be done in accordance with the regulations, and may only be stored in areas which are zoned for adult-use cannabis establishments. (e) Any medical or adult-use cannabis establishment, medical or adult-use cannabis establishment agent, or a third party delivering medical or adult-use cannabis to a consumer, shall comply with all requirements set forth in NRS Title 56 and the regulations, and shall provide the Reno Police Department, upon request, the trip plan and delivery manifest documenting the transportation of medical or adult-use cannabis to a consumer, as a condition of its license. (f) Medical and adult-use cannabis waste materials shall be disposed of in a safe, sanitary and secure manner as required by the regulations, in a location and manner approved by the Board, the Reno Police Department and the Washoe County Health District. Waste containing medical or adult-use cannabis shall be rendered unusable before disposal as required by the regulations, shall be protected from being possessed or ingested by any person or animal and shall not be placed within the facility's exterior refuse containers. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.025 Change of state approved location.

Sec. 5.22.025. - Change of state approved location. (a) Any licensed medical or adult-use cannabis establishment, must apply in writing to request a public hearing to consider relocating to a new location within the corporate limits of the City of Reno from the previous location approved by the Board and City. An application for the new location shall be submitted upon forms provided by the City and shall, at a minimum, contain the following information: (1) The medical or adult-use cannabis establishment's name, current physical address for which the establishment is licensed, a copy of the license, and the proposed new address for the establishment; and, (2) A zoning verification letter from the zoning administrator stating that the new location satisfies the regulatory zoning requirements set forth in RMC Title 18 of the Annexation and Land Development Code; and, (3) A professional survey from a surveyor licensed within the State of Nevada verifying the new location meets the distance requirements for the medical or adult-use cannabis establishment as set forth in NRS Title 56 and RMC Title 18 of the Annexation and Land Development Code. (4) Any other information required to be submitted to the Board as part of the medical or adult-use cannabis establishment's written request for relocation to the Board required by the regulations; and, (5) Any other information required by the license division to process the application in a public hearing before the city council. (b) The license division shall notify the city clerk when the application is complete and the clerk shall notice the time, place and purpose of the public hearing, together with a map or physical description of the proposed medical or adult-use cannabis establishment's new location. (c) The city council shall hear testimony from staff, from the applicant, and from those public attending the hearing who wish to testify on the matter. The city council shall also receive any evidence submitted at the public hearing in addition to material provided as part of the application. (d) At the conclusion of the public hearing, the city council may act to approve, approve with conditions, or deny the establishment's new location. (e) Conditions imposed by the city council may address matters to be completed prior to the issuance of a medical or adult-use cannabis establishment business license and/or operational conditions attached to the medical or adult-use cannabis establishment business license pursuant to section 5.22.013 of this Code. (f) An approval or approval with conditions is provisional: (1) Pending the issuance of a license by the Board for the medical or adult-use cannabis establishment's new location; and, (2) Pending successful issuance of a medical or adult-use cannabis establishment business license and any other required licenses and/or permits for the operation of the establishment and of the business. (g) The license division shall provide the applicant and the Board notice of the city council's decision in writing. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.030 Reserved.

Reno Administrative Code § 5.22.050 Access to establishment without warrant.

Sec. 5.22.050. - Access to establishment without warrant. Submission and subsequent approval of an application for a medical or adult-use cannabis establishment business license constitutes permission of entry to and reasonable inspection of the establishment by the license division, chief of police, fire chief, or their designees, with or without notice at any time. Such inspection may require more than one visit to the establishment. (1) Findings. a. The City is permitted by statute to regulate the conduct of medical and adult-use cannabis establishments within its corporate limits. b. Medical and adult-use cannabis businesses are part of a closely regulated industry. Through ordinances and statutes, licensees are required to conduct their business within particular parameters and are prohibited from permitting or engaging in particular acts. c. The City has a substantial interest in preserving the public's health, safety and quality of life through, among other programs, the regulation of medical and adult-use cannabis businesses. d. Inspection of commercial property on which medical or adult-use cannabis is cultivated, sold or manufactured within the bounds of this section is a necessary component of enforcing ordinances and statutes. (2) Purpose. a. The provisions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons patronizing or otherwise affected by a business so as to: 1. Secure compliance with any provision of NRS Title 56, the regulations or the Reno Municipal Code; and 2. Prevent a violation of any provision of NRS Title 56, the regulations or the Reno Municipal Code; or 3. Conduct unannounced inspection of an establishment in response to an allegation of noncompliance with NRS Title 56, the regulations or the Reno Municipal Code. (3) The license division, chief of police, fire chief or their designee may enter and inspect a medical or adult-use cannabis establishment at any time, with or without notice, each building or the premises of an establishment to ensure compliance with the standards and regulations for business licenses, safety, health and sanitation, NRS Title 56 and the regulations. The license division, chief of police, fire chief or their designee are also granted the powers to conduct inspections and examinations to the same extent as the Board is granted under the regulations. These limitations shall not be construed to prohibit action based upon any other constitutionally recognized exception to the warrant requirement. (4) In addition, the license division, chief of police, fire chief or their designee may upon receipt of a complaint against a medical or adult-use cannabis establishment, except for a complaint concerning the cost of service, may enter and inspect an establishment at any time, with or without notice, to investigate the premises, facility, qualifications of personnel, methods of operation, policies, procedures and records of that establishment or any other establishment which may have information pertinent to the complaint. (5) Refusal to allow entry pursuant to this subsection shall constitute grounds for suspension or revocation of a license as described in the Reno Municipal Code. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.060 Immediate revocation of business license, without hearing.

Sec. 5.22.060. - Immediate revocation of business license, without hearing. In addition to the provisions of Title 4 and 5 of this Code, the business license for a medical or adult-use cannabis establishment shall be immediately revoked upon one or more of the following events occurring. There is no hearing before the administrative hearing officer for immediate revocation pursuant to this subsection. Immediate revocation pursuant to this subsection is subject to judicial review. (1) Notification to the license division that the license issued by the Board has been surrendered, suspended or revoked; (2) Failure to maintain a valid and current license issued by the Board. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.065 Action upon suspension, revocation or closure.

Sec. 5.22.065. - Action upon suspension, revocation or closure. (a) A license may be suspended or revoked in accordance with Title 4 and 5 of this Code. (b) Upon renewal of the annual business license affiliated with the privileged medical or adult-use cannabis establishment license, the license division, in conjunction with other city departments, may recommend that the city council review the history of the business and consider approving, denying, or conditioning the renewal of the license as it considers appropriate. Determining factors for denial or the addition of conditions may include, but are not limited to, evidence surrounding the best interest of the welfare, health, or safety of the residents of the City or if the city council determines that the applicant or location of the medical or adult-use cannabis establishment is no longer suitable for a privilege license. (c) In the event of the suspension of any license, the license division shall provide written notice by certified mail addressed to the licensee and the building owner at the addresses of record. Notice shall also be sent to the Board. (d) If the City revokes or suspends a license, or the business is no longer in operation, the establishment may not remove any medical or adult-use cannabis from the premises except under the supervision of the Reno Police Department and must dispose of it in a manner and location approved by the Board and/or the Reno Police Department. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.070 No city liability, indemnification.

Sec. 5.22.070. - No city liability, indemnification. (a) By accepting a license issued pursuant to this Code, the licensee waives and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of establishment owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. (b) By accepting a license issued pursuant to this Code, the licensee, and its owners, managers, agents, employees and affiliates jointly and severally agree to indemnify, defend and hold harmless the City, and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against the City, or such elected or appointed officers, employees or attorneys arising out of or in any manner connected with the medical or adult-use cannabis establishment that is subject of the license, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss of damage or any other loss of any kind whatsoever arising there from. The licensee's duty to defend and indemnify the City hereunder shall apply regardless of the City's active or passive fault. The licensee's duty to defend the City is absolute and shall arise as soon as any demand or claim is asserted against the City and is not conditioned upon a finding of fault of the licensee. The City is entitled to choose the attorney assigned to defend against the claims and the licensee shall immediately pay all defense fees and costs charged by the attorney selected by the City. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.075 Restriction on city employees.

Sec. 5.22.075. - Restriction on city employees. No city employee responsible for the implementing or enforcing the provisions of this chapter or NRS Title 56 may have a direct or indirect financial interest in a medical or adult-use cannabis establishment or be employed by or volunteer at a medical or adult-use cannabis establishment. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.076 Confidential information.

Sec. 5.22.076. - Confidential information. The records regarding medical and adult-use cannabis establishments received by the City are confidential to the same extent that such records would be deemed confidential if provided to the Board pursuant to NRS Title 56 and the regulations. Such confidential records are not subject to subpoena, discovery or subject to inspection by the general public to the same extent, and with the same exceptions as provided in NRS Title 56 and the regulations. Notwithstanding this section, the City may release the confidential information to the Board, employees of the City to perform official duties of the City, and to any local, state, or federal law enforcement agencies as required to perform law enforcement responsibilities of such agencies. (Ord. No. 6467, § 3, 6-6-18; Ord. No. 6622, § 1, 3-9-22)

Reno Administrative Code § 5.22.077 Reserved.

Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/administrative_code?nodeId=PT2READCO_TIT5PRLIPEFR_CH5.22MEADECAESFetched: 11/1/2026