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Home My WebLink About2021_07_27 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Brookings School Board Meeting Room Dakota Prairie Elementary 111 26th Street South 6:00 PMTuesday, July 27, 2021 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 21-0357 Action to approve the July 13, 2021 City Council minutes. 7/13/2021 MinutesAttachments: 3.C.ID 21-0360 Action on appointments to City Boards, Committees and Commissions. 3.D.RES 21-063 Action on Resolution 21-063, a Resolution Authorizing the City Manager to Sign and Submit a Solid Waste Management Program Grant Application Page 1 City of Brookings July 27, 2021City Council Meeting Agenda - Final for a Brookings Solid Waste Master Plan. Memo Resolution Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A.ID 21-0368 Recognition of Council Member Nick Wendell. 5.B.ID 21-0348 Proclamation: 31st Anniversary of the Americans with Disabilities Act ProclamationAttachments: 5.C. SDSU Student Association Report. 5.D. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. Contracts/Change Orders: 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 7.A.ORD 21-026 Introduction and First Reading on Ordinance 21-026, an Ordinance Establishing Procedures for False Security Alarms in the City of Brookings, South Dakota. Second Reading: August 10, 2021. Memo Ordinance Attachments: 7.B.ORD 21-027 Introduction and First Reading on Ordinance 21-027, an Ordinance Establishing the Number of Medical Cannabis Establishments in the City of Brookings, South Dakota. Second Reading: August 10, 2021. Memo Ordinance SDCL 34-20G Medical Cannabis Rules Attachments: 7.C.ORD 21-028 Introduction and First Reading on Ordinance 21-028, an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Page 2 City of Brookings July 27, 2021City Council Meeting Agenda - Final Dispensaries in the City of Brookings. Second Reading: August 10, 2021. Memo Ordinance SDCL 34-20G Medical Cannabis Rules Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 21-021 Second Reading and Action on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 7/13/21 City Council read into the record 8.B.ORD 21-024 Public Hearing and Action on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. Memo Ordinance Legal Notice - Council Mtg. Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/13/21 City Council read into the record 8.C.ORD 21-025 Public Hearing and Action on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. Page 3 City of Brookings July 27, 2021City Council Meeting Agenda - Final Memo Ordinance - Clean Ordinance - Marked Legal Notice - Council Mtg. Legal Notice Planning Commission Minutes Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/13/21 City Council read into the record 7/13/21 City Council amended 8.D.ID 21-0361 Public Hearing and Action on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for the SDSU College of Engineering Fall Kickoff Reception to be held on August 19, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.RES 21-062 Action on Resolution 21-062, a Resolution amending the Consolidated Fee Schedule. Memo Resolution Fee Schedule - Clean Fee Schedule - Marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 21-0358 Discussion on City Council Vacancy Process Memo City Attorney Memo Resolution 90-10: City Council Policy - Council Vacancy Code of Ethics - City Council DRAFT Press Release and Application Proposed Timeline Attachments: 10.ID 21-0372 City of Brookings Progress Report. July Progress ReportAttachments: Page 4 City of Brookings July 27, 2021City Council Meeting Agenda - Final 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 12. Adjourn. Brookings City Council: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0357,Version:1 Action to approve the July 13, 2021 City Council minutes. Attachments: 07/13/2021 Minutes City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ Brookings City Council July 13, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, July 13, 2021 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Patty Bacon, Holly Tilton Byrne, Joey Collins, and Wayne Avery. Absent: Council Member Nick Wendell. City Attorney Steve Britzman, Assistant City Manager Jacob Meshke, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Brink, seconded by Council Member Collins, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. 3.A. Action to approve the agenda. 3.B. Action to approve the June 22, 2021 City Council Minutes. 3.C. Action on appointments to City Boards, Committees and Commissions: Brookings Disability Awareness Committee: appoint Aysia Platte (term expires 1/1/2022); Park & Recreation Board: Reappoint Isaac Schulte (term expires 5/1/2022); Public Arts Commission: appoint Julia Eberhart (term expires 1/1/2022); Sustainability Council: appoint Albert Patin (term expires 1/1/2022). 3.D. Action on Resolution 21-057, a Resolution authoring the City Manager to sign documents for an Airport Coronavirus Response Grant Program (ACRGP) Grant for the Brookings Municipal Airport. Resolution 21-057 - A Resolution Authorizing the City Manager to Sign Documents for a ACRGP Grant for the Brookings Airport Whereas, the City of Brookings desires financial assistance due to the COVID-19 public health emergency; and Whereas, the Brookings Airport is eligible for funding under the Airport Coronavirus Response Grant Program (ACRGP) to assist the airport in addressing the COVID-19 public health emergency. Now Therefore, Be It Resolved that the Brookings City Manager is authorized to sign all related documents for the CARES Act Grant. Open Forum. Council Member Collins shared with the City Council and the public about the National Night Out event to be held August 3rd from 5:00 - 7:00 pm at Pioneer Park. Resolution 21-056. A motion was made by Council Member Bacon, seconded by Council Member Brink, that Resolution 21-056, a Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-056 - Resolution Awarding Bids on Project 2021-02STA 15th Street South and 7th Avenue South Project Whereas, the City of Brookings opened bids for Project 2021-02STA 15th Street South and 7th Avenue South Project on Thursday, July 1, 20 21 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the 2021-02STA Street Maintenance and Overlay Project: Bowes Construction, Inc.- $2,628,516.46 and Midland Contracting, Inc.- $2,783,823.22. Now, Therefore, Be It Resolved that the total low bid $2,628,516.46 for Bowes Construction, Inc. be accepted. FIRST READING – Ordinance 21-021. An introduction and first reading was held on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health. Second Reading: July 27, 2021. FIRST READING – Ordinance 21-024. An introduction and first reading was held on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. Public Hearing: July 27, 2021. FIRST READING – Ordinance 21-025. An introduction and first reading was held on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. Public Hearing: July 27, 2021. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, to amend Ordinance 21-025 to reduce the distance between establishments from 1,000 feet to 300 feet. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Ordinance 21-022. A public hearing was held on Ordinance 21-022, an Ordinance amending Section 94-222 of the Zoning Ordinances of the City of Brookings and pertaining to the procedure for Conditional Use Applications. A motion was made by Council Member Brink, seconded by Council Member Collins, that Ordinance 21-022 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Ordinance 21-023. A public hearing was held on Ordinance 21-023, an Ordinance amending Chapter 94-7(b) of the City of Brookings and pertaining to the procedure for a Zoning Change. A motion was made by Council Member Bacon, seconded by Council Member Brink, that Ordinance 21-023 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. A motion was made by Council Member Avery, seconded by Council Member Collins, that the site plan for 418 6th Street be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Commercial Corridor Design Review Overlay District Site Plan. A public hearing was held on a Commercial Corridor Design Review Overlay District Site Plan for 1402 / 1404 6th Street, CD Properties, LLC, owner. A motion was made by Council Member Collins, seconded by Council Member Brink, that the site plan for 1402/1404 6th Street be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for an Awards Banquet to be held November 5, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Avenue. A motion was made by Council Member Brink, seconded by Council Member Bacon, that the Temporary Alcohol Application for November 5, 2021 be approve d. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. On-Off Sale Malt License. A public hearing was held on a request to transfer an On- Off Sale Malt License for the Swiftel Center from VenuWorks LLC Management to Global Spectrum, LP, aka Spectra, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. A motion was made by Council Member Brink, seconded by Council Member Collins, that the On-Off Sale Malt License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-039. A public hearing was held on Resolution 21 -039, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Global Spectrum, LP, dba Spectra Management Services at the Swiftel Center, 824 32nd Avenue. Legal description: Blocks 4-5, Wiese Addition. A motion was made by Council Member Avery, seconded by Council Member Brink, that Resolution 21-039 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-039 - Wine Operating Agreement – new Global Spectrum, LP, aka Spectra Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Wine Operating Management Agreement between the City of Brookings and Global Spectrum, LP, aka Spectra, for the purpose of a manager to operate the on -sale establishment or business for and on behalf of the City of Brookings at 824 32 nd Avenue, legal description: Blocks 4-5, Wiese Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale Malt License for the Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. Pending permit issuance and final inspection per the Community Development Dept. A motion was made by Council Member Bacon, seconded by Council Member Brink, that the On -Off Sale Malt License be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-055. A public hearing was held on Resolution 21 -055, a Resolution authorizing the City Manager to sign a Wine Operating Agreement for Mosaic Wine Bar, 225 Main Avenue. Legal description: North 57.5 feet of the East 155 feet of Temple Block Addition. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-055 be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-055 - Wine Operating Agreement – new Mosaic Wine Bar, LLC Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Wine Operating Management Agreement between the City of Brookings and Mosaic Wine Bar, LLC, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 225 Main Avenue, legal description: North 57.5 feet of the East 155 feet, Temple Block Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. East Central Regional Communication Council Joint Powers Agreement (E-911) Amendment. A motion was made by Council Member Collins, seconded by Council Member Avery, that an Amendment to the East Central Regional Communication Council Joint Powers Agreement, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. AMENDMENT TO THE EAST CENTRAL REGIONAL COMMUNICATION COUNCIL JOINT POWERS AGREEMENT This Amendment to the East Central Regional Communication Council Joint Powers Agreement is made and entered into by and between the County of Brookings, South Dakota and the City of Brookings, South Dakota. Whereas, the parties did enter into a Joint Powers Agreement dated the 7 th day of August, 2018 and the parties desire to modify Article VI pertaining to the Membership of Council of said East Central Regional Communication Council Joint Powers Agreement. Now, Therefore, the parties to the above-referenced Agreement hereby amend said Agreement in the manner set forth below. I. The parties hereby amend Article VI, to provide as follows: VI. MEMBERSHIP OF COUNCIL The Council shall consist of four members. These members shall be as follows: 1) The Chairperson of the Brookings County Board of County Commissioners, or their authorized representative; 2) The Brookings Police Chief, or their authorized representative; 3) The Vice-Chairperson of the Brookings County Board of County Commissioner, or their authorized representative; and 4) The City Manager, or their authorized representative. An authorized representative shall inform the other members of the Council that they are acting in the place of a Member. An authorized representative shall have the same authority as any member of the Council, including the power to vote on matters before the Council. II. The parties hereby ratify and confirm all other provisions of the East Central Regional Communication Council Joint Powers Agreement dated the 7th day of August, 2018 and hereby affirm their intent to have said East Central Regional Communication Council Joint Powers Agreement, as amended, remain in full force and effect. Resolution 21-058. A motion was made by Council Member Collins, seconded by Council Member Avery, that Resolution 21-058, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-058 - Resolution of Necessity for Acquisition of Real Property for Public Highway Project Whereas, the City of Brookings is constructing an Interstate 29 Interchange, known as the I-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and Whereas, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and Whereas, the Project is scheduled for construction in 2022; and Whereas, acquisition of the land for right of way and temporary easements must be completed; and Whereas, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and Whereas, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two -thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and Whereas, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and Whereas, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; Now, Therefore, Be It Hereby Resolved: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31 -19-23: Right of Way: Lot H1 and Lot H2 in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 0.02 acres (916 sq. ft.), more or less. Said Lot H2 containing 0.71 acres (30738 sq. ft.), more or less. Description of land to be acquired for temporary easements (“T.E.”): A parcel in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 1.0 acre (43167 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Resolution 21-059. A motion was made by Council Member Brink, seconded by Council Member Avery, that Resolution 21-059, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved. T he motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-059 - Resolution of Necessity for Acquisition of Real Property for Public Highway Project Whereas, the City of Brookings is constructing an Interstate 29 Interchange, known as the I-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and Whereas, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and Whereas, the Project is scheduled for construction in 2022; and Whereas, acquisition of the land for right of way and temporary easements must be completed; and Whereas, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and Whereas, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two -thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and Whereas, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and Whereas, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; Now, Therefore, Be It Resolved: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31 -19-23: Right of Way: Lot H1 in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 0.54 acres (23629 sq. ft.), more or less. Lot H2 in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H2 containing 9.42 acres (410481 sq. ft.), more or less. (See Attachment) Description of the control of access: No access permitted to or from Construction Station 25+07.36- 75.00’ R to Station 331+56.00-75.00’ L, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Block One (1), Mills Third Addition in Government Lots Three (3) and Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 0.3 acres (11756 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Resolution 21-060. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-060, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-060 - Resolution of Necessity for Acquisition of Real Property for Public Highway Project Whereas, the City of Brookings is constructing an Interstate 29 Interchange, known as the I-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and Whereas, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and Whereas, the Project is scheduled for construction in 2022; and Whereas, acquisition of the land for right of way and temporary easements must be completed; and Whereas, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and Whereas, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two -thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and Whereas, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; Whereas, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and Now, Therefore, Be It Hereby Resolved: 1. That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31 -19-23: Right of Way: Lot H1 in Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 6.12 acres (266669 sq. ft.), more or less. Description of the control of access: No access permitted to or from Construction Station 320+12.29-75.00’ L to Station 331+56.00-75.00’ L, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Outlot One (1) in the Northwest Quarter (NW¼), Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 0.6 acres (23041 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Resolution 21-061. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-061, a Resolution of Necessity for Acquisition of Real Property for Public Highway Project, be approved. The motion carried by the following vote: Yes: 6 - Niemeyer, Brink, Bacon, Tilton Byrne, Collins, and Avery; Absent: 1 – Wendell. Resolution 21-061 - Resolution of Necessity for Acquisition of Real Property for Public Highway Project Whereas, the City of Brookings is constructing an Interstate 29 Interchange, known as the I-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and Whereas, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and Whereas, the Project is scheduled for construction in 2022; and Whereas, acquisition of the land for right of way and temporary easements must be completed; and Whereas, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and Whereas, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two -thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and Whereas, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and Whereas, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary; Now, Therefore, Be It Hereby Resolved: 1. That it is necessary to acquire the following rights of way, access contr ol and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31 -19-23: Right of Way: Lot H1 in Government Lot One (1) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except 34th Avenue S. Right of Way, as shown on Attachment “B”. Said Lot H1 containing 1.25 acres (54450 sq. ft.), more or less. Lot H2 in Government Lot Two (2) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except 34th Avenue S. Right of Way, as shown on Attachment “B”. Said Lot H2 containing 0.06 acres (2752 sq. ft.), more or less. Lot H1 in Government Lot Two (2) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except Interstate 29 Right of Way therein, as shown on Attachment “B”. Said Lot H1 containing 6.58 acres (286695 sq. ft.), more or less. Lot H1 in the South One-half of the Northeast Quarter (S½NE¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, except Interstate 29 Right of Way therein, as shown on Attachment “B”. Said Lot H1 in the S½NE¼ containing 0.003 acres (157 sq. ft.), more or less. Description of the control of access: No access permitted to or from Construction Station 213+37.23- 75.00’ R to Station 49+78.03-75.00’ R, following the proposed Right of Way boundary and as shown on Attachment “A”. Description of land to be acquired for temporary easements (“T.E.”): A parcel in Government Lots One (1) and Two (2), and the South One-half of the Northeast Quarter (S½NE¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, Except 34th Avenue S. Right of Way, as shown on Attachment “A”. Said T.E. containing 2.2 acres (97016 sq. ft.), more or less. 2. That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective. Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Collins, seconded by Council Member Bacon, to have a discussion around gas prices in Brookings on a future Study Session. The motion carried by the following vote: Yes: 4 - Niemeyer, Bacon, Tilton Byrne, and Collins; No: 2 – Brink and Avery; Absent: 1 – Wendell. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Collins, that the meeting be adjourned at 7:04 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Oepke G. Niemeyer, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0360,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Ope Niemeyer has submitted the following appointment recommendations for City Council advice and consent: Business Improvement District #1 Board Number of positions:1 Term Length:3 years Residency Requirement:Required for majority Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. Mayor’s Recommendation: 1.Appoint Aaron Carsrud Historic Preservation Commission Number of positions:2 Term Length:3 years Residency Requirement: Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1.Kyle Nelson 2.Will re-advertise for the other position Human Rights Commission Number of positions:3 Term Length:3 years Residency Requirement:Not required Purpose: The mission of the Brookings Human Rights Commission (BHRC) is to improve human relations in the Brookings area by fighting discrimination through education and a complaint resolution procedure. The Commission seeks to protect the rights of and prevent and eliminate bias and discrimination against individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status, national origin, age, marital status, ethnicity, sexual orientation, gender identity, or political affiliation, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations or public services. The Commission promotes educational activities to make Brookings an inclusive and welcoming City of Brookings Printed on 7/22/2021Page 1 of 2 powered by Legistar™ File #:ID 21-0360,Version:1 community. Mayor’s Recommendation: 1.Appoint Diane Nagy 2.Appoint Erica Moore 3.Appoint Joel Gindo Planning Commission Number of positions:1 Term Length:5 years Residency Requirement:Required Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1.Appoint Justin Borns 2.Appoint Roger Solum Recommendation: Staff recommends approval. City of Brookings Printed on 7/22/2021Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-063,Version:1 Action on Resolution 21-063, a Resolution Authorizing the City Manager to Sign and Submit a Solid Waste Management Program Grant Application for a Brookings Solid Waste Master Plan. Summary: The resolution would authorize the City Manager to sign and submit a $198,400 Solid Waste Management Program Grant Application to conduct a Solid Waste Master Plan. The purpose of a Solid Waste Master Plan is to evaluate and analyze the Solid Waste Division’s operations and financial health, identify and address critical short-term and long-term needs, and provide a road map for successful long-term solid waste and recycling management. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: DJ Buthe, Public Works Director Council Meeting: July 27, 2021 Subject: Solid Waste Management Program Grant Application Authorization Person(s) Responsible: DJ Buthe, Public Works Director Summary: The resolution would authorize the City Manager to sign and submit a $198,400 Solid Waste Management Program Grant Application to conduct a Solid Waste Master Plan. Background: The City of Brookings has operated and maintained the Brookings Regional Sanitary Landfill since 1993, which provides essential solid waste management to approximately 45,000 people between Brookings, Deuel, Hamlin, Kingsbury, Lake, and Moody Counties. The City also provides garbage collection services to residents within t he city limits of Brookings. The purpose of a Solid Waste Master Plan is to evaluate and analyze the Solid Waste Division’s operations and financial health, identify and address critical short -term and long-term needs, and provide a road map for successful long-term solid waste and recycling management. The City contributes $1 per ton of tipping fees to the South Dakota Department of Agriculture & Natural Resources Solid Waste Management Program. Statewide contributions to this fund are used to award grants and low-interest loans for projects at landfills throughout the state. In an effort to maximize available resources, the City of Brookings has identified potential Solid Waste Management Program grant funding to conduct master planning. Item Details: Developing a Solid Waste Master Plan (Master Plan) for the City is important for maintaining the success of the essential services provided by the City’s Solid Waste Division. The overall purpose of the Master Plan is to evaluate and analyze the Solid Waste Division's operations and financial health, identify and address critical short-term and long-term needs, and provide a road map for successful long-term solid waste and recycling management. The scope of services for the Master Plan will include the following tasks: Task 1 – Project Communication and Project Meetings Task 2 – Cost of Service Analysis and Rate Reviews  Cost of service analysis for the existing operations and services  Forecasted cost of service analysis accounting for future staffing, equipment, and capital improvement needs, as well as considering operational changes and/or improvements developed in Tasks 3 and 4  Rate analysis and rate model development  10-year CIP forecast Task 3 – Landfill Operations  Landfill operations assessment and analysis for improving operations and airspace utilization  Short-term and long-term site progression planning  Cell closure sequencing  Capital improvement needs Task 4 – Collection Services  Collection program review and analysis for improving operations  Recycling program review and consideration for modifications to existing recycling operation Task 5 – Implementation Plan Task 6 – Master Plan Report Legal Consideration: None. Strategic Plan Consideration: Fiscal Responsibility Financial Consideration: The City will apply for approximately $198,400 of Solid Waste Management Program funds. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-063 A Resolution Authorizing the City Manager to Sign and Submit a Solid Waste Management Program Grant Application for a Brookings Solid Waste Master Plan. Whereas, the City of Brookings has operated and maintained the Brookings Regional Sanitary Landfill since 1993, which provides essential solid waste management to approximately 45,000 people between Brookings, Deuel, Hamlin, Kingsbury, Lake, and Moody counties. The City also provides garbage collection services to residents within the city limits of Brookings; and Whereas, the purpose of a Solid Waste Master Plan is to evaluate and analyze the Solid Waste Division’s operations and financial health, identify and address critical short-term and long-term needs, and provide a road map for successful long-term solid waste and recycling management; and Whereas, the City contributes $1 per ton of tipping fees to the South Dakota Department of Agriculture & Natural Resources Solid Waste Management Program. Statewide contributions to this fund are used to award grants and low-interest loans for projects at landfills throughout the state. In an effort to maximize available resources, the City of Brookings has identified potential Solid Waste Management Program grant funding to conduct master planning; and Whereas, this resolution authorizes the City Manager to sign and submit the Solid Waste Management Program Grant Application for a grant of up to $198,400 for a Brookings Solid Waste Master Plan. The City Manager would also serve as the City’s Official for the purpose of signing grant agreements, contracts, correspondence, pay requests, and other required documents in connection with a grant and this project. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign and submit the Grant Application for a grant of up to $198,400 for a Brookings Solid Waste Master Plan, and to sign agreements, contracts, correspondence, pay requests, and other required documents for this project. Passed and approved on the 27th day of July, 2021. CITY OF BROOKINGS, SD _____________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0368,Version:1 Recognition of Council Member Nick Wendell. Summary: Council Member Nick Wendell has served the City of Brookings in various roles: ·City Council Member: May 2016 - July 2021 ·Deputy Mayor: May 2021 - July 2021 ·Brookings Municipal Utilities Board: May 2016 - May 2017 ·Downtown Retail Acceleration Grant Program Committee - May 2016 - May 2018 ·Joint Powers Board: May 2017 - July 2021 ·BEDC Board - May 2020 - July 2021 Thank you Nick for your service to the City of Brookings! City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0348,Version:1 Proclamation: 31st Anniversary of the Americans with Disabilities Act Summary: A member of the Brookings Disabilities Awareness Committee will accept the Proclamation. Attachments: Proclamation City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ Mayoral Proclamation CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, the Americans with Disabilities Act (ADA) was passed on July 26, 1990, as the first comprehensive declaration of equality for people with disabilities and protects rights in all aspects of employment, in accessing public services, and guaranteeing access to private establishments; and WHEREAS, the goals of the community aligns with providing people with disabilities with the opportunities and support to achieve full integration and inclusion in society, in an individualized manner; and WHEREAS, disability is a natural part of the human experience that does not diminish the right to enjoy the opportunity to live independently, enjoy self- determination, make choices, contribute to society, and experience full integration and inclusion with necessary services and supports. NOW, THEREFORE, BE IT RESOLVED, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim July 27, 2021 as: AMERICANS WITH DISABILITIES ACT 31ST ANNIVERSARY DAY And call upon the people of Brookings to: 1. Recognize and celebrate the progress that has been made by reaffirming the principals of equality and inclusion and recommitting our efforts to reach full ADA compliance for people with disabilities in the City of Brookings. 2. Continue advocating for full inclusion and equity of individuals with disabilities in all aspects of society. IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the Great Seal of the City of Brookings, this 27th day of July, 2021. ____________________________ Oepke G. Niemeyer, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-026,Version:1 Introduction and First Reading on Ordinance 21-026, an Ordinance Establishing Procedures for False Security Alarms in the City of Brookings, South Dakota. Second Reading: August 10, 2021. Summary: The purpose of this ordinance is to encourage security alarm users to properly use security alarm systems in order to reduce or eliminate false alarms. This ordinance governs alarm systems intended to summon a law enforcement response, and establishes penalties for violations. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: David Erickson, Police Chief Council Meeting: July 27, 2021 / August 10, 2021 Subject: Ordinance Governing False Security Alarms Person(s) Responsible: David Erickson, Police Chief Summary: The purpose of this ordinance is to encourage security alarm users to properly use security alarm systems in order to reduce or eliminate false alarms. This ordinance governs alarm systems intended to summon a law enforcement response, and establishes penalties for violations. Background: The Brookings Police Department responded to 159 alarm calls in 2019 and 150 alarm calls in 2020. These numbers are typical for annual number of alarm call responses by the Brookings Police Department. Of the 150 calls in 2020, 149 were false alarms, of which many of them originated repeatedly from the same businesses. Each time the police department receives notification of a burglary alarm or a hold up alarm, multiple officers respond to the scene using emergency lights and siren. There is a given level of danger for our officers, as well as our citizens, when officers respond to emergency calls. Officers spend up to 30 minutes on an alarm call when the business is closed and they are waiting for a key holder to arrive. This ordinance is intended to reduce the number of false alarms the Police Department receives in order to reduce risk and reduce the number of wasted hours spent by officers and dispatchers. When considering this ordinance, the Police Departme nt spoke with peer communities in the area to determine if like ordinances were in place in those communities. It was determined that Sioux Falls and Rapid City in South Dakota, Albert Lea and Bemidji, MN, and Hays, KS all have ordinances governing false security alarms and have associated fees/fines in varying amounts. Item Details: This ordinance will allow for penalty fees to be charged to a business or home owner whenever law enforcement personnel have responded to two (2) or more false alarms within a period of 12 calendar months. The fee will be established by res olution. The recommended fees will mirror the current ordinance governing false fire alarms : $50 for the second false alarm, and $100 per subsequent false alarms within a 12-month period. It was found that the vast majority of false alarms that prompted a police response were from business security systems versus residential. The focus for public awareness will be with the business community through the Chamber and through our city social media and web page resources. Information will be left with the business upon their first false alarm that lays out the requirements of the ordinance along with suggestions to mitigate the oc currence of further false alarms. Legal Considerations: City Attorney Steve Britzman drafted the ordinance. Strategic Plan Consideration: This ordinance will help increase the likelihood that officers are responding to legitimate alarms therefore increasing safety of our community. Safe, Inclusive, Connected Community– facility improvements, emergency mgmt. planning, Master Plans, Studies, Volunteer Boards Financial Consideration: Cost to the city will be minimal, consisting of invoice expenses and collection of unpaid fees. The intent of the ordinance is to reduce the number of false alarms and therefore is not intended to be a large source of revenue. There will be potential in the first 12- month period for an estimated $1,000 to $1,500 in revenues to be generated. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documents: Ordinance Ordinance 21-026 An Ordinance Establishing Procedures for False Security Alarms in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Sec. 22-346. Purpose. A. The purpose of this ordinance is to encourage security alarm users to properly use security alarm systems in order to reduce or eliminate false alarms. B. This ordinance governs alarm systems intended to summon a law enforcement response, and establishes penalties for violatio ns. Sec. 22-347. Administration. The responsibility for administration of this chapter is vested with the chief of police or their designee. Sec. 22-348. Definitions. The following words shall have the following meanings within this ordinance unless otherwise specifically provided: A. Act of God. An unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, which cannot be prevented by reasonable human care, skill or foresight. B. False Alarm. Any alarm signal or notification which elicits a response from any duly authorized law enforcement personnel when the response is deemed to have been made unnecessarily. A false alarm is one which results in a response of a duly authorized law enforcement personnel when such response determines that: 1. No criminal activity, attempted criminal activity or any emergency exists or existed to justify any alarm or alarm signal; 2. The alarm or alarm signal was not caused by the act of a person over whom the user or alarm agent had no control; and 3. The alarm or alarm signal was not caused by an act of God. Sec. 22-349. Cancellation of alarm. Alarm users may cancel a police response prior to an officer arriving and avoid a penalty by calling the City’s dispatch office and advising that the alarm is false prior to the arrival of a police officer. Sec. 22-350. Fees for false alarms. Whenever any duly authorized law enforcement personnel have responded to two (2) false alarms within any period of 12 calendar months to the same premises in response to any security alarm as provided for herein, the owner or occupant of the real property on which the alarm system is installed shall pay a penalty fee to the city for each false alarm after the first false alarm in any 12-month period. The fee shall be established by Resolution, which shall be partial compensation for the costs incurred by the Police Department in responding to the false alarm. Any invoice where it is asserted the false alarm fee is incorrect may be appealed first to the Police Chief, then to the City Manager. The Police Chief may waive charges for any response made within 14 days after initial installation of a security alarm, or when circumstances justify waiver or partial waiver of fees. II. Any or all ordinances in conflict herewith are hereby rep ealed. First Reading: July 27, 2021 Second Reading: August 10, 2021 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-027,Version:1 Introduction and First Reading on Ordinance 21-027, an Ordinance Establishing the Number of Medical Cannabis Establishments in the City of Brookings, South Dakota. Second Reading: August 10, 2021. Summary: Request First Reading of an ordinance establishing the number of medical cannabis dispensaries and medical cannabis manufacturing, testing and cultivation facilities in the City of Brookings. Recommendation: Staff recommends approval. Attachments: Ordinance SDCL 34-20G Medical Cannabis Rules City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 27, 2021 Subject: Authorized number of Medical Cannabis Establishments Ordinance/First Reading Person Responsible: Steve Britzman, City Attorney Summary: Request First Reading of an ordinance establishing the number of medical cannabis dispensaries and medical cannabis manufacturing, testing and cultivation facilities in the City of Brookings. Background: This Agenda item for the City Council is a proposed Ordinance which provides the City Council with the opportunity to limit the number of medical cannabis dispensaries and medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities in the City of Brookings. Initiated Measure 26 (IM 26) is the name of the voter-initiated measure which authorized medical cannabis in South Dakota. It was approved by the voters and is effective as of July 1st. While there are 95 statutes which make up IM 26, there are probably 10 or fewer which relate to the role of a city in the licensing of medical cannabis. These 10 statutes are important because IM 26 provides that the Department of Health ultimately determines who receives a Registration Certificate to operate medical cannabis dispensary and medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities. These 4 types of cannabis businesses are referred both in the law and in this memo as “establishments”. Applicants for these establishments must submit to the Department of Health a lengthy application covering a number of areas described later in this memo. One of the decision criteria for the selection of the successful establishment is the input the Department of Health receives from a city which has established a licensing procedure. Without a municipal licensing procedure, the State will not have a mechanism to obtain the input from the city as to the city’s preference for the successful establishment. Therefore, it is important to license establishments, in part, so the city has the requisite information about the proposed medical cannabis establishment so that appropriate input can be provided to the South Dakota Department of Health. The purpose of this ordinance is to allow the City Council to determine the number of both medical cannabis dispensaries, and to separately determine the number of other medical cannabis establishments, whic h are identified in Section 3 of the proposed ordinance, and include medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities. IM 26 only addresses medical cannabis, and this ordinance does not in any way address, license or limit the number of recreational cannabis establishments. Also, IM 26 provides that “no local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction.” Therefore, at least one dispensary would be required. My reading and the interpretation of several other City Attorneys is that a city can prohibit medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities, or can establish a limit of the number of these establishments which may be registered to operate in Brookings. A city could allow one or more of these establishments, or prohibit one or more and set a separate number for each of the four (4) types of medical cannabis establishments. Discussion: A medical cannabis dispensary is defined by IM 26 as “an entity registered with the department [of Health] pursuant to [Chapter 34-20G] that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.” One might envision a medical cannabis dispensary as a pha rmacy-like facility, though in Colorado, most medical cannabis dispensaries converted to recreational cannabis sales when recreational cannabis was legalized, based on information provided by our consultant Bill Efting. The ordinance also defines the other three types of cannabis establishments. A Cannabis product manufacturing facility is an entity registered with the department [of Health] that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary. A Cannabis testing facility or testing facility is an independent entity registered with the department to analyze the safety and potency of cannabis. A Cultivation facility is an entity registered with the department that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells cannabis and related supplies to a medical cannabis establishment. Medical cannabis may only be sold to cardholders who have been issued valid registry identification cards by the Department of Health. A cardholder may be a qualifying patient or a designated caregiver of a qualifying patient. The Department of Health is required to issue valid registry cards to qualifying patients by November 18, 2021, and issue rules pertaining to medical cannabis by October 29, 2021. Draft rules have been published and were used to draft the accompanying medical cannabis dispensary licensing ordinance. A copy of the draft rules accompanies this Memo. The draft rules provide at Section 44:90:03:02 the operating procedures for all of the following types of medical cannabis establishments: 1. Cannabis cultivation facilities; 2. Cannabis testing facilities; 3. Cannabis product manufacturing facilities; 4. Dispensaries. The proposed medical cannabis dispensary licensing ordinance only addresses dispensaries, with the other facilities to be the subject of a separate proposed licensing ordinance, which will be introduced at a subsequent meeting, but will be very similar to the dispensary licensing ordinance. It is important to note that when the South Dakota Department of Health (the “Department”) evaluates an application from a party who desires to operate a dispensary, as well as other types of establishments in Brookings, the Administrative Rules will require of the Applicant, the following: 1. A management plan identifying the individuals who will be in charge of day-to- day operations; 2. A site plan which in part provides sufficient detail for the Department to determine that the establishment is completely self-contained and does not have any access to any other cannabis establishment or other business; 3. Operating Days and hours; 4. A workplace safety plan covering state and federal workplace safety requirements; 5. Plans for compliance with all applicable safety standards contained in local ordinance; 6. A security plan indicating all doors, windows, gates, exterior lights, alarm sensors, cameras and how alarms and cameras will be monitored; 7. Any additional steps to ensure the safety of patrons and the community; 8. Plans for preventing the diversion of cannabis to non-cardholders; 9. Pre-employment screening procedures, including criminal background check; and 10. Processes for limiting access by unauthorized persons, including ve rification of identity for all vendors and contractors, issuance of a visitor badge, and closely monitoring all visitors. Finally, IM 26 provides the following: “If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration”. SDCL 34-20G-56. Accordingly, with a licensing ordinance in place in Brookings and the number of dispensaries and other establishments limited to the number the City Council sets by this ordinance, the City will have the data and information to respond to the Department of Health should there be more Applicants for Medical Cannabis Dispensary and other establishment licenses than the number the City Council establishes for the City of Brookings. Financial Consideration: IM 26 only permits fees which are reasonable. The State charges $5000 for a medical cannabis Registration Certificate, and the Department of Health has a comprehensive document submission process which likely justifies this fee. The City typically sets all fees by Resolution, so there are not intended to be any fees set by this proposed Ordinance, and therefore I believe licensing medical cannabis dispensaries and other establishments will have nominal financial impacts. We do intend to propose reasonable fees be a separate resolution to cover the costs of administering medical cannabis dispensaries, and fines for violations of the licensing ordinance. Options and Recommendation: The City Council has the following options: 1. Discuss and set the matter for a 2nd Reading; 2. Schedule a Study Session if deemed necessary; 3. Set the second reading for later in August to allow for more time to review. Supporting Documentation: Ordinance SDCL 34-20G Medical Cannabis Rules Ordinance 21-027 An Ordinance Establishing the Number of Medical Cannabis Establishments in the City of Brookings, South Dakota Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Section 1. Definitions. The following words and phrases, when used in this ordinance, shall have the meanings provided in this ordinance: Medical cannabis establishment shall mean a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary as those terms are defined in SDCL § 34-20G-1. Medical cannabis dispensary or dispensary shall mean the entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34 -20G and licensed by the City pursuant to this ordinance that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. Medical cannabis dispensary does not include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a recreational cannabis dispensary. Cannabis product manufacturing facility shall mean an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary. Cannabis testing facility or testing facility shall mean an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis. Cultivation facility shall mean an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells cannabis and related supplies to a medical cannabis establishment. Section 2. Limitation of the number of medical cannabis dispensaries. Under the authority granted by SDCL 34-20G-56, there shall be no more than _________ (____) active medical cannabis dispensaries that may be registered by the State of South Dakota to operate within the jurisdictional limits of the City of Brookings at any time. The City of Brookings will provide the Department of Health with its preference for registration based on applicants that have received a medical cannabis dispensary license issued by the City of Brookings pursuant to this ordinance. Section 3. Prohibition of medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities. Under the authority granted by SDCL 34-20G-56, there shall be no more than _________ (____) active medical cannabis product manufacturing facilities, medical cannabis testing facilities and medical cultivation facilities that may be registered by the State of South Dakota to operate within the jurisdictional limits of the City of Brookings at any time. The City of Brookings will provide the Department of Health with its preference for registration based on applicants that have received medical cannabis product manufacturing facilities license, medical cannabis testing facilities license and medical cultivation facilities license issued by the City of Brookings pursuant to this ordinance II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: July 27, 2021 Second Reading: August 10, 2021 Published: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk CHAPTER 34-20G MEDICAL CANNABIS 34-20G-1 Definitions. 34-20G-2 Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-3 Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-4 Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable. 34-20G-5 Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-6 Attorneys not subject to discipline for certain conduct. 34-20G-7 Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-8 Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-9 Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-10 Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-11 Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-12 Sale or donation of cannabis seeds to cultivation facility. 34-20G-13 Seizure or forfeiture of cannabis or related property. 34-20G-14 Possession of or application for registry identification card not grounds for search. 34-20G-15 Activity conducted in accordance with chapter lawful. 34-20G-16 Enforcement of federal law by state law enforcement officers. 34-20G-17 Contracts enforceable. 34-20G-18 Unauthorized conduct. 34-20G-19 Schools and landlords--Prohibited conduct. 34-20G-20 Qualifying patient not disqualified from medical care for cannabis use. 34-20G-21 Custody and visitation rights--Child neglect or endangerment. 34-20G-22 Employment and drug testing. 34-20G-23 Conflict with employer's obligations or benefits under federal law. 34-20G-24 Ingestion of cannabis at workplace--Working under the influence of cannabis. 34-20G-25 Schools, landlords, and employers not to be penalized. 34-20G-26 Petition to add serious medical condition or treatment to list of debilitating medical conditions-- Department consideration--Judicial review. 34-20G-27 Cost reimbursement, permission to smoke cannabis on property, and permission to cultivate on rental property not required. 34-20G-28 Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. 34-20G-29 Information required for issuance of registry identification cards--Fee. 34-20G-30 Submission of information by person responsible for medical decisions for qualifying patient. 34-20G-31 Department verification of information--Issuance of registry identification card--Verification system. 34-20G-32 Background check of designated caregiver. 34-20G-33 Issuance of registry identification card to patient under age 18--Conditions. 34-20G-34 Grounds for denial or nonrenewal of qualifying patient registry identification card. 34-20G-35 Grounds for denial of application or nonrenewal of designated caregiver. 34-20G-36 Notice of reason for denial. 34-20G-37 Judicial review of application denial or nonrenewal. 34-20G-38 Temporary qualifying patient registry identification card. 34-20G-39 Temporary designated caregiver registry identification card. 34-20G-40 Availability of applications--Written certification as temporary registry identification card. 34-20G-41 Availability of applications--Temporary designated caregiver registry identification card. 34-20G-42 Contents of registry identification cards. 34-20G-43 Expiration of registry identification card. 34-20G-44 Confidential list of persons issued registry identification cards. 34-20G-45 Secure phone or web-based verification system. 34-20G-46 Required notifications to department. 34-20G-47 Notifications by designated caregiver. 34-20G-48 Issuance of new registry identification card following required notification to department. 34-20G-49 Card void upon notice to department that patient no longer qualifies--Disposal of cannabis. 34-20G-50 Theft or loss of cannabis--Notice to department. 34-20G-51 Medical purpose defense to prosecution involving cannabis. 34-20G-52 Proof of unavailability of defense to prosecution. 34-20G-53 Registry identification card not required to raise defense. 34-20G-54 Person using cannabis for medical purpose not subject to discipline or forfeiture. 34-20G-55 Application for medical cannabis establishment--Contents and conditions--Time for registration. 34-20G-56 Local government limitation on number of medical cannabis establishments. 34-20G-57 Renewal of medical cannabis establishment registration. 34-20G-58 Local government ordinances governing medical cannabis establishments. 34-20G-59 Local government prohibition of dispensaries not permitted. 34-20G-60 Local licensing of medical cannabis establishments--Fee. 34-20G-61 Criminal background check of medical cannabis establishment officers, employees, and volunteers. 34-20G-62 Employment restrictions on medical cannabis establishments. 34-20G-63 Medical cannabis establishment procedures for oversight and record keeping. 34-20G-64 Medical cannabis establishment security measures. 34-20G-65 Cultivation, harvesting, manufacturing, and packaging of cannabis. 34-20G-66 Production of cannabis products. 34-20G-67 Sharing office space and patient referrals to practitioners prohibited. 34-20G-68 Consumption of cannabis on medical cannabis establishment property prohibited. 34-20G-69 Inspection of medical cannabis establishments. 34-20G-70 Conditions for dispensing cannabis. 34-20G-71 Limitations on amount of cannabis dispensed. 34-20G-72 Promulgation of rules--Violation of required or prohibited action as misdemeanor. 34-20G-73 Civil penalty for failure to provide required notice. 34-20G-74 Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. 34-20G-75 Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. 34-20G-76 False statement to law enforcement official about medical use of cannabis as misdemeanor. 34-20G-77 Knowing submission of false records or documents to certify medical cannabis establishment as felony. 34-20G-78 Certain conduct of practitioner as misdemeanor. 34-20G-79 Breach of confidentiality of information as misdemeanor. 34-20G-80 Suspension or revocation of medical cannabis establishment registration certificate. 34-20G-81 Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. 34-20G-82 Permitted and prohibited conduct during suspension. 34-20G-83 Revocation of registry identification card for cannabis sale to unauthorized person-- Disqualification. 34-20G-84 Revocation of registry identification card for multiple or serious violations. 34-20G-85 Judicial review of revocation. 34-20G-86 Confidential data. 34-20G-87 Restrictions on data maintained by department. 34-20G-88 Permitted disclosure of data maintained by department. 34-20G-89 Restrictions on data maintained by medical cannabis establishments. 34-20G-90 Cardholder's request for department to confirm cardholder status to others. 34-20G-91 Destruction of unused media containing cardholder information. 34-20G-92 Oversight committee membership. 34-20G-93 Oversight committee duties. 34-20G-94 Annual report to the Legislature--Information excluded. 34-20G-95 Administration of medical cannabis to students. 34-20G-1.Definitions. Terms used in this chapter mean: (1) "Allowable amount of cannabis," means: (a) Three ounces of cannabis or less; (b) The quantity of cannabis products as established by rules promulgated by the department under § 34-20G-72; (c) If the cardholder has a registry identification card allowing cultivation, three cannabis plants minimum or as prescribed by physician; and (d) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated; (2) "Bona fide practitioner-patient relationship,": (a) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination; (b) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition; and (c) The practitioner is available to or offers to provide follow-up care and treatment to the patient, including patient examinations; (3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures; (4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary; (5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis; (6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card; (7) "Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment; (8) "Debilitating medical condition,": (a) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or (b) Any other medical condition or its treatment added by the department, as provided for in § 34- 20G-26; (9) "Department," means the Department of Health; (10) "Designated caregiver," a person who: (a) Is at least twenty-one years of age; (b) Has agreed to assist with a qualifying patient's medical use of cannabis; (c) Has not been convicted of a disqualifying felony offense; and (d) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is employed; (11) "Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted; (12) "Edible cannabis products," any product that: (a) Contains or is infused with cannabis or an extract thereof; (b) Is intended for human consumption by oral ingestion; and (c) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products; (13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants. Two or more cardholders who reside in the same dwelling may share one enclosed, locked facility for cultivation; (14) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; (15) "Medical cannabis dispensary" or "dispensary," an entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders; (16) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary; (17) "Medical cannabis establishment agent," an owner, officer, board member, employee, or volunteer at a medical cannabis establishment; (18) "Medical use," includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. The term does not include: (a) The cultivation of cannabis by a nonresident cardholder; (b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or (c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility; (19) "Nonresident cardholder," a person who: (a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition; (b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days; (c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and (d) Has submitted any documentation required by the department, and has received confirmation of registration; (20) "Practitioner," a physician who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence; (21) "Qualifying patient," a person who has been diagnosed by a practitioner as having a debilitating medical condition; (22) "Registry identification card," a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-20G-29 to 34-20G-42, inclusive; and (23) "Written certification," a document dated and signed by a practitioner, stating that in the practitioner's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition or symptom associated with the debilitating medical condition. This document shall affirm that it is made in the course of a bona fide practitioner-patient relationship and shall specify the qualifying patient's debilitating medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-2.Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (l) The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported; (2) Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis; (3) Transferring the cannabis to a testing facility; (4) Compensating a dispensary or a testing facility for goods or services provided; (5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or (6) Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-3. Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessing, or using medical cannabis in accordance with this chapter if the nonresident cardholder does not possess more than three ounces of cannabis and the quantity of cannabis products established by rules promulgated by the department under § 34-20G-72. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-4. Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient's debilitating medical condition or symptom associated with the qualifying patient's debilitating medical condition under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-5. Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct. No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, Nothing in this chapter prevents a practitioner from being sanctioned for: (1) Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or (2) Failing to properly evaluate a patient's medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-6. Attorneys not subject to discipline for certain conduct. No attorney is subject to disciplinary action by the State Bar of South Dakota or other professional licensing association for providing legal assistance to a prospective or registered medical cannabis establishment or other related to activity that is not subject to criminal penalties under law of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct. No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (1) Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment; (2) Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter; (3) Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or (4) Assisting a registered qualifying patient with the act of using or administering cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-8. Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No dispensary or a dispensary agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty in any manner; or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Possess, transport, or store cannabis or cannabis products; (2) Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided; (3) Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return; (4) Purchase or otherwise acquire cannabis from a cultivation facility or dispensary, and cannabis products from cannabis product manufacturing facility or dispensary; and (5) Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cardholder, nonresident cardholder, or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-9. Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cultivation facility or a cultivation facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis; (2) Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided; (3) Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return; (4) Purchase or otherwise acquire cannabis from a cultivation facility; (5) Purchase cannabis seeds from a cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction; or (6) Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related supplies or educational materials to a cultivation facility and dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-10. Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cannabis product manufacturing facility or a cannabis product manufacturing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Purchase or otherwise acquire cannabis from cultivation facility, and cannabis products or cannabis from a cannabis product manufacturing facility; (2) Possess, produce, process, manufacture, compound, convert, prepare, pack, repack, and store cannabis or cannabis products; (3) Deliver, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a dispensary or cannabis product manufacturing facility; (4) Deliver, transfer, or transport cannabis to testing facility and compensate testing facility for services provided; or (5) Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cannabis product manufacturing facility or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-11. Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No testing facility or testing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty in any manner, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Acquire, possess, transport, and store cannabis or cannabis products obtained from a cardholder, nonresident cardholder or medical cannabis establishment; (2) Return the cannabis or cannabis products to a cardholder, nonresident cardholder, or medical cannabis establishment from whom it was obtained; (3) Test cannabis, including for potency, pesticides, mold, or contaminants; or (4) Receive compensation for services under this section. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-12. Sale or donation of cannabis seeds to cultivation facility. A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-13. Seizure or forfeiture of cannabis or related property. Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-14. Possession of or application for registry identification card not grounds for search. Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-15. Activity conducted in accordance with chapter lawful. For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-16. Enforcement of federal law by state law enforcement officers. No law enforcement officer employed by an agency that receives state or local government funds may expend any state or local resources, including the officer's time, to effect any arrest or seizure of cannabis, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., if the officer has reason to believe that the activity is in compliance with this chapter. No officer may expend any state or local resources, including the officer's time, to provide any information or logistical support related to any activity to any federal law enforcement authority or prosecuting entity. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-17. Contracts enforceable. No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activity related to cannabis is prohibited by federal law. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-18. Unauthorized conduct. This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct: (1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice; (2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility; (3) Smoking cannabis: (a) On any form of public transportation; or (b) In any public place or any place that is open to the public; (4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis, except that a registered qualifying patient or nonresident cardholder is not considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-19. Schools and landlords--Prohibited conduct. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-20. Qualifying patient not disqualified from medical care for cannabis use. For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-21. Custody and visitation rights--Child neglect or endangerment. No person may be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a cardholder, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-22. Employment and drug testing. Except as provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to: (1) Any interaction with a person's employer; (2) Drug testing by a person's employer; or (3) Drug testing required by any state or local law, agency, or government official. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-23. Conflict with employer's obligations or benefits under federal law. The rights provided by §§ 34-20G-19 to 34-20G-25, inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under federal law or regulation. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-24. Ingestion of cannabis at workplace--Working under the influence of cannabis. No employer is required to allow the ingestion of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. A registered qualifying patient may not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-25. Schools, landlords, and employers not to be penalized. No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-26. Petition to add serious medical condition or treatment to list of debilitating medical conditions--Department consideration--Judicial review. Any resident of this state may petition the department to add a serious medical condition or treatment to the list of debilitating medical conditions as defined by this chapter. The department shall consider a petition in the manner required by rules promulgated by the department pursuant to this chapter, including public notice and hearing. The department shall approve or deny a petition within one hundred eighty days of submission. The approval or denial of any petition is a final decision of the department, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-27. Cost reimbursement, permission to smoke cannabis on property, and permission to cultivate on rental property not required. Nothing in this chapter requires: (1) A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of cannabis; (2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke cannabis on or in that property; or (3) A landlord to allow the cultivation of cannabis on the rental property. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-28. Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-29. Information required for issuance of registry identification cards--Fee. No later than November 18, 2021, the department shall issue registry identification cards to qualifying patients who submit the following, in accordance with rules promulgated by the department: (1) A written certification issued by a practitioner within ninety days immediately preceding the date of an application; (2) The application or renewal fee; (3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required; (4) The name, address, and telephone number of the qualifying patient's practitioner; (5) The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient; (6) If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition; (7) The name of no more than two dispensaries that the qualifying patient designates, if any; and (8) If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-30. Submission of information by person responsible for medical decisions for qualifying patient. If the qualifying patient is unable to submit the information required by § 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-31. Department verification of information--Issuance of registry identification card-- Verification system. Except as provided in § 34-20G-32, the department shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal application; (2) Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and (3) Enter the registry identification number of any dispensary the patient designates into the verification system. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-32. Background check of designated caregiver. The department may conduct a background check of a designated caregiver in order to carry out the provisions of § 34-20G-31. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-33. Issuance of registry identification card to patient under age 18--Conditions. The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless: (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and (2) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to: (a) Allow the qualifying patient's medical use of cannabis; (b) Serve as the qualifying patient's designated caregiver; and (c) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-34. Grounds for denial or nonrenewal of qualifying patient registry identification card. The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: (1) Does not provide the required information, fee, or materials; (2) Previously had a registry identification card revoked; or (3) Provided false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver. The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if: (l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34- 20G-l; (2) The applicant does not provide the information required; (3) The designated caregiver previously had a registry identification card revoked; or (4) The applicant or the designated caregiver provide false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-36. Notice of reason for denial. The department shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-37. Judicial review of application denial or nonrenewal. Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-38. Temporary qualifying patient registry identification card. Until a qualifying patient who has submitted an application and the required fee to the department receives a registry identification card or a denial, a copy of the patient' s application, written certification, and proof that the application was submitted to the department is deemed a registry identification card. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-39. Temporary designated caregiver registry identification card. Until a designated caregiver whose qualifying patient has submitted an application and the required fee receives a registry identification card or a denial, a copy of the qualifying patient's application, written certification, and proof that the application was submitted to the department is deemed a registry identification card. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-40. Availability of applications--Written certification as temporary registry identification card. Until twenty-five days after the department makes applications available, a valid, written certification issued within the previous year shall be deemed a registry identification card for a qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-41. Availability of applications--Temporary designated caregiver registry identification card. Until twenty-five days after the department makes applications available, the following is considered a designated caregiver registry identification card: (1) A copy of a qualifying patient' s valid written certification issued within the previous year; and (2) A signed affidavit attesting that the person has significant responsibility for managing the well-being of the patient and that the person has been chosen to assist the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-42. Contents of registry identification cards. A registry identification card shall contain all of the following: (1) The name of the cardholder; (2) A designation of whether the cardholder is a qualifying patient or a designated caregiver; (3) The date of issuance and expiration date of the registry identification card; (4) A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder; (5) If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist; (6) A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use; (7) A photograph of the cardholder; and (8) The phone number or website address where the card can be verified. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-43. Expiration of registry identification card. A registry identification card expires one year after the date of issue. Unless the practitioner states in the written certification that the qualifying patient would benefit from cannabis until a specified earlier date, then the registry identification card expires on that date. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-44. Confidential list of persons issued registry identification cards. The department shall maintain a confidential list of any person to whom the department has issued a registry identification card and the addresses, phone number, and registry identification number of each person. The list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-45. Secure phone or web-based verification system. Within one hundred twenty days of July 1, 2021, the department shall establish a secure phone or web- based verification system. The verification system shall allow law enforcement personnel and medical cannabis establishments to enter a registry identification number and determine whether the number corresponds with a current, valid registry identification card. The system may disclose only: (1) Whether the identification card is valid; (2) The name of the cardholder; (3) Whether the cardholder is a qualifying patient or a designated caregiver; (4) Whether the cardholder is permitted to cultivate cannabis plants; (5) The registry identification number of any affiliated registered qualifying patient; and (6) The registry identification of the qualifying patient's dispensary or dispensaries, if any. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-46. Required notifications to department. The following notifications are required: (1) A registered qualifying patient shall notify the department of any change in the applicant’s name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change; (2) A registered designated caregiver shall notify the department of any change in the caregiver ’s name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change; (3) Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department; (4) If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department; (5) If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and (6) Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-47. Notifications by designated caregiver. Any notification that a registered qualifying patient is required to make under this chapter may be made by the patient's designated caregiver if the qualifying patient is unable to make the notification due to age or medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-48. Issuance of new registry identification card following required notification to department. If a cardholder notifies the department of any item listed in § 34-20G-46, but remains. eligible under this chapter, the department shall issue the cardholder a new registry identification card with a new random ten-digit alphanumeric identification number within ten days of receiving the updated information and a twenty dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-49. Card void upon notice to department that patient no longer qualifies--Disposal of cannabis. If the registered qualifying patient's certifying practitioner notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, the card is void. However, the registered qualifying patient shall have fifteen days to dispose of or give away any cannabis in the registered qualifying patient's possession. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-50. Theft or loss of cannabis--Notice to department. A medical cannabis establishment shall notify the department within one business day of any theft or significant loss of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-51. Medical purpose defense to prosecution involving cannabis. Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that: (1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person; (2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, six cannabis plants minimum or as prescribed by a physician, and the cannabis produced by those plants; (3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and (4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-52. Proof of unavailability of defense to prosecution. An affirmative defense and motion to dismiss shall fail if the prosecution proves that: (1) The person had a registry identification card revoked for misconduct; or (2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-53. Registry identification card not required to raise defense. A person is not required to possess a registry identification card to raise the affirmative defense set forth in § 34-20G-51. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-54. Person using cannabis for medical purpose not subject to discipline or forfeiture. If a person demonstrates the person's medical purpose for using cannabis pursuant to this chapter, except as provided in § 34-20G-18, the person is not subject to the following for the person's use of cannabis for medical purposes: (1) Disciplinary action by an occupational or professional licensing board or bureau; or (2) Forfeiture of any interest in or right to any property other than cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-55. Application for medical cannabis establishment--Contents and conditions--Time for registration. Not later than ninety days after receiving an application for a medical cannabis establishment, the department shall register the prospective medical cannabis establishment and issue a registration certificate and a random ten-digit alphanumeric identification number if all of the following conditions are satisfied: (1) The prospective medical cannabis establishment has submitted all of the following: (a) The application fee; (b) An application, including: (i) The legal name of the prospective medical cannabis establishment; (ii) The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application; (iii) The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and (iv) Any additional information requested by the department; (c) Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures; (d) If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions; (e) If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit; (2) None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked; (3) None of the principal officers or board members is under twenty-one years of age; and (4) At least one principal officer is a resident of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-56. Local government limitation on number of medical cannabis establishments. If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-57. Renewal of medical cannabis establishment registration. The department shall issue a renewal registration certificate within ten days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment if the establishment's registration certificate is not under suspension and has not been revoked. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-58. Local government ordinances governing medical cannabis establishments. A local government may enact an ordinance not in conflict with this chapter, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-59. Local government prohibition of dispensaries not permitted. No local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-60. Local licensing of medical cannabis establishments--Fee. A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-61. Criminal background check of medical cannabis establishment officers, employees, and volunteers. Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-62. Employment restrictions on medical cannabis establishments. A medical cannabis establishment may not employ any person who: (1) Was convicted of a disqualifying felony offense; or (2) Is under twenty-one years of age. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-63. Medical cannabis establishment procedures for oversight and record keeping. Each medical cannabis establishment shall have operating documents that include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-64. Medical cannabis establishment security measures. A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-65. Cultivation, harvesting, manufacturing, and packaging of cannabis. All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-66. Production of cannabis products. No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-67. Sharing office space and patient referrals to practitioners prohibited. A medical cannabis establishment may not share office space with or refer a patient to a practitioner. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-68. Consumption of cannabis on medical cannabis establishment property prohibited. A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-69. Inspection of medical cannabis establishments. A medical cannabis establishment is subject to inspection by the department during business hours. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-70. Conditions for dispensing cannabis. Before cannabis may be dispensed to a cardholder or nonresident cardholder, a dispensary agent: (1) Shall make a diligent effort to verify that the registry identification card or registration presented to the dispensary is valid; (2) Shall make a diligent effort to verify that the person presenting the documentation is the person identified on the document presented to the dispensary agent; (3) May not dispense an amount of cannabis to a person that would cause the person to possess more than the allowable amount of cannabis; and (4) Shall make a diligent effort to verify that the dispensary is the current dispensary that was designated by the cardholder or nonresident cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-71. Limitations on amount of cannabis dispensed. A dispensary may not dispense more than three ounces of cannabis to a nonresident cardholder or a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. A dispensary shall ensure compliance with the limitation under this section by maintaining internal, confidential records that include records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-72. Promulgation of rules--Violation of required or prohibited action as misdemeanor. Not later than October 29, 2021, the department shall promulgate rules pursuant to chapter 1-26: (1) Governing the manner in which the department shall consider petitions from the public to add a debilitating medical condition or treatment to the list of debilitating medical conditions as defined by this chapter, including public notice of and an opportunity to comment in public hearings on the petitions; (2) Establishing the form and content of registration and renewal applications submitted under this chapter; (3) Establishing a system to numerically score competing medical cannabis establishment applicants, in cases where more applicants apply than are allowed by the local government, that includes analysis of: (a) The preference of the local government; (b) In the case of dispensaries, the suitability of the proposed location and its accessibility for patients; (c) The character, veracity, background, qualifications, and relevant experience of principal officers and board members; and (d) The business plan proposed by the applicant, that in the case of a cultivation facility or dispensary shall include the ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients; (4) Governing the manner in which the department shall consider applications for and renewals of registry identification cards, that may include creating a standardized written certification form; (5) Governing medical cannabis establishments to ensure the health and safety of qualifying patients and prevent diversion and theft without imposing an undue burden or compromising the confidentiality of a cardholder, including: (a) Oversight requirements; (b) Record-keeping requirements; (c) Security requirements, including lighting, physical security, and alarm requirements; (d) Health and safety regulations, including restrictions on the use of pesticides that are injurious to human health; (e) Standards for the manufacture of cannabis products and both the indoor and outdoor cultivation of cannabis by a cultivation facility; (f) Requirements for the transportation and storage of cannabis by a medical cannabis establishment; (g) Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent; (h) Standards for the safe manufacture of cannabis products, including extracts and concentrates; (i) Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events; (j) Requirements and procedures for the safe and accurate packaging and labeling of medical cannabis; and (k) Certification standards for testing facilities, including requirements for equipment and qualifications for personnel; (6) Establishing procedures for suspending or terminating the registration certificates or registry identification cards of cardholders and medical cannabis establishments that commit multiple or serious violations of this chapter; (7) Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following: (a) The length of time it typically takes for a product to take effect; (b) Disclosing ingredients and possible allergens; (c) A nutritional fact panel; and (d) Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis; (8) Establishing procedures for the registration of nonresident cardholders and the cardholder's designation of no more than two dispensaries, which shall require the submission of: (a) A practitioner's statement confirming that the patient has a debilitating medical condition; and (b) Documentation demonstrating that the nonresident cardholder is allowed to possess cannabis or cannabis preparations in the jurisdiction where the nonresident cardholder resides; (9) Establishing the amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder may possess; and (10) Establishing reasonable application and renewal fees for registry identification cards and registration certificates, according to the following: (a) Application fees for medical cannabis establishments may not exceed five thousand dollars, with this upper limit adjusted annually for inflation; (b) The total fees collected shall generate revenues sufficient to offset all expenses of implementing and administering this chapter; (c) A sliding scale of patient application and renewal fees based upon a qualifying patient's household income; (d) The fees charged to qualifying patients, nonresident cardholders, and caregivers shall be no greater than the costs of processing the application and issuing a registry identification card or registration; and (e) The department may accept donations from private sources to reduce application and renewal fees. A violation of a required or prohibited action under any rule authorized by this section is a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-73. Civil penalty for failure to provide required notice. A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-74. Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. A person convicted under this section may not continue to be affiliated with the medical cannabis establishment and is disqualified from any future affiliation with any medical cannabis establishment under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-75. Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-76. False statement to law enforcement official about medical use of cannabis as misdemeanor. A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by this chapter. If a person convicted of violating this section is a cardholder, the person is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-77. Knowing submission of false records or documents to certify medical cannabis establishment as felony. A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-78. Certain conduct of practitioner as misdemeanor. A practitioner who knowingly refers patients to a medical cannabis establishment or to a designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment is guilty of a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-79. Breach of confidentiality of information as misdemeanor. It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-80. Suspension or revocation of medical cannabis establishment registration certificate. The department may on its own motion or on complaint, after investigation and opportunity for a public hearing at which the medical cannabis establishment has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple negligent or knowing violations or for a serious and knowing violation by the registrant or any of its agents of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-81. Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. The department shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. A suspension may not be for a longer period than six months. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-82. Permitted and prohibited conduct during suspension. A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-83. Revocation of registry identification card for cannabis sale to unauthorized person-- Disqualification. The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-84. Revocation of registry identification card for multiple or serious violations. The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-85. Judicial review of revocation. Revocation under § 34-20G-80 is a final decision of the department subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-86. Confidential data. Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder or medical cannabis establishment, including data on designated caregiver or practitioner, is private data that is confidential. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-87. Restrictions on data maintained by department. Data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-88. Permitted disclosure of data maintained by department. Data kept or maintained by the department may be disclosed solely for: (1) The verification of a registration certificate or registry identification card pursuant to this chapter; (2) Submission of the annual report required by this chapter; (3) Notification of state or local law enforcement of an apparent criminal violation of this chapter; (4) Notification of state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card; or (5) Notification of the South Dakota Board of Medical and Osteopathic Examiners if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-89. Restrictions on data maintained by medical cannabis establishments. Any information kept or maintained by a medical cannabis establishment may only identify a cardholder by registry identification number and may not contain names or other personal identifying information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-90. Cardholder's request for department to confirm cardholder status to others. At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-91. Destruction of unused media containing cardholder information. Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-92. Oversight committee membership. The Executive Board of the Legislative Research Council shall appoint an oversight committee comprised of: one member of the House of Representatives, one member of the Senate, one Department of Criminal Investigation agent, one staff member from the Office of the Attorney General, two representatives of law enforcement, one representative from the department, one practitioner with experience in medical cannabis issues, one nurse, one board member or principal officer of a cannabis testing facility, one person with experience in policy development or implementation in the field of medical cannabis, and three qualifying patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-93. Oversight committee duties. The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding: (1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis; (2) The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients; (3) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating; (4) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders; (5) Any recommended additions or revisions to the department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature; and (6) Any research studies regarding health effects of medical cannabis for patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-94. Annual report to the Legislature--Information excluded. The department shall report annually to the Legislature on the number of applications for registry identification cards received, the number of qualifying patients and designated caregivers approved, the number of registry identification cards revoked, the number of each type of medical cannabis establishment registered, and the expenses incurred and revenues generated from the medical cannabis program. The department may not include identifying information on a qualifying patient, designated caregiver, or practitioner in the report. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-95. Administration of medical cannabis to students. The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the new school year following passage of this chapter. The departments shall implement substantively identical provisions to Colorado Revised Statute 22-1- 119.3 as of January 1, 2019. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 1 June 23, 2021 ARTICLE 44:90 MEDICAL CANNABIS Chapter 44:90:01 Definitions. 44:90:02 Registry identification cards. 44:90:03 Registration certificates. 44:90:04 Establishments. 44:90:05 Cannabis cultivation facilities. 44:90:06 Cannabis testing facilities. 44:90:07 Cannabis product manufacturing facilities. 44:90:08 Cannabis dispensaries. 44:90:09 Sampling and testing. 44:90:10 Packaging, labeling, and advertising. 44:90:11 Recordkeeping. 44:90:12 Enforcement. 44:90:13 Petitions to recognize debilitating medical conditions. 2 June 23, 2021 CHAPTER 44:90:01 DEFINITIONS 44:90:01:01. Definitions. Terms defined in SDCL 34-20G-1 shall have the same meaning in this article. In addition, terms used in this article mean: (1) “Agent identification badge,” means a credential issued by the department to an establishment for the use by an agent while performing work-related duties; (2) “Allowable quantity of cannabis products,” means an amount of cannabis products that may be possessed by a cardholder or nonresident cardholder pursuant to SDCL 34-20G-1(1)(b); (3) “Analyte,” means a chemical, compound, element, bacteria, yeast, fungus, or toxin that is identified or measured by testing; (4) “Analytical test,” means the use of a single technology to detect the presence or concentration of a single analyte on one or more matrices; (5) “Batch identifier,” means a unique number or code assigned by an establishment to a quantity of cannabis, cannabis extract, or cannabis products for testing; (6) “Cannabis beverage,” means a liquid edible cannabis product with a concentration of less than 1 mg of THC per ounce of liquid; (7) “Cannabis extract,” means the resin extracted from any part of a cannabis plant; (8) “Cannabis oil,” means an edible cannabis product using a food safe oil as the primary ingredient; 3 June 23, 2021 (9) “Cannabis waste,” means cannabis flower or trim, cannabis seeds, cannabis products, byproducts containing cannabis, or cannabis plants, excluding stalks without trichomes and root balls, that are unfit for retail transfer to another cannabis establishment; (10) “Certificate of analysis,” means a written report of the results of analytical testing, including whether the results indicate compliance with this article; (11) “Chain of custody,” means documentation of the handling of cannabis and cannabis products to ensure the accuracy of cannabis testing and preventing diversion; (12) “Collective,” means two or more cardholders who physically assist each other in the act of cultivation or processing of cannabis for medical use, except that the sharing of an enclosed, locked facility for cultivation by two or more cardholders in their own dwelling shall not be considered a collective; (13) “Competitive application,” means a medical cannabis establishment application that is scored numerically by the department, in cases where more applicants apply than are allowed by the local government; (14) “Concentrated cannabis,” means cannabis extract or a compound, manufacture, salt, derivative, mixture, or preparation from such resin, including hashish; (15) “Equivalent cannabis weight,” means the weight, in ounces, that a given quantity of cannabis product counts against the total allowable amount of cannabis under 34-20G-1(1); (16) “Exit packaging,” means a bag (single use or reusable), box, or other container for use in transporting cannabis, cannabis extract, or cannabis products after purchase at a dispensary; (17) “Extended plant count,” means the authorized cultivation of more than three plants simultaneously for a single patient’s use; 4 June 23, 2021 (18) “Flower,” means the pistillate reproductive organs of a mature cannabis plant, whether processed or unprocessed, including the flowers and buds of the plant; (19) “Immature plant,” means a cannabis plant that is larger than a seedling but has not yet flowered; (20) “Index factor,” means the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor, for the year immediately preceding the year of adjustment; (21) “Inhaled cannabis product,” means cannabis concentrate or a cannabis product that is intended to be consumed by inhalation, including pre-rolled cannabis cigarettes, vaporizer cartridges, and vaporizer pens; (22) “Inherently hazardous substance,” means any solvent or chemical, other than ethanol, with a flash point at or lower than 100 degrees Fahrenheit; (23) “Inventory record,” means a daily electronic record of all cannabis, including seeds, seedlings, plants, extracts, or products; (24) “Inventory tracking system,” means an electronic system specified by the department for the purposes of identifying and preventing diversion and protecting patients from unsafe cannabis, cannabis extracts, or cannabis products; (25) “ISO/IEC 17025 accreditation,” means accreditation by the International Accreditation Service (IAS), the American Association for Laboratory Accreditation (A2LA), the ANSI National Accreditation Board (ANAB), or another laboratory accreditation board that the testing facility meets General Requirements for the Competence of Testing and Calibration 5 June 23, 2021 Laboratories developed by the International Organization for Standardization and the International Electrotechnical Commission for a particular analyte and technology; (26) “Low-income qualifying patient,” means a qualifying patient whose household has a gross monthly income that is 130 percent or less of the federal poverty level; (27) “Marketing layer,” means the outermost layer of a retail sale container, which is most predominantly apparent and visible; (28) “Matrix,” means a component or substrate that contains an analyte being tested for; (29) “Mature plant,” means a cannabis plant that has flowered; (30) “Method,” means a body of procedures and techniques for performing an activity, including sampling, chemical analysis or quantification, systematically presented in the order in which they are to be executed; (31) “Nationally recognized testing laboratory,” means an independent laboratory recognized by the Occupational Health and Safety Administration pursuant to 29 CFR section 1910.7 (2020); (32) “Non usable,” means unfit for sale or transfer; (33) “Sample identifier,” means a unique number or code assigned to a sample to be tested by a testing facility, either by the establishment submitting the sample or an agent of the testing facility; (34) “Seedling,” means a nonflowering cannabis plant or rooted cutting that measures 24 inches or less from the base of the main plant stalk to the most distant point of the plant's leaf stems or branches; 6 June 23, 2021 (35) “Synthetic,” means formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources; (36) “Technology,” means a specific arrangement of analytical instruments, detection systems and/or preparation techniques; (37) “Testing sample record,” means a daily electronic record maintained by an establishment of batch identifiers, sample identifiers, and associated information; (38) “THC,” means delta-9 tetrahydrocannabinol; (39) “Tincture,” means a liquid edible cannabis product with a concentration of greater than 1 mg of THC per ounce of liquid in the form of ethanol, propylene glycol, glycerin, or food safe oil; (40) “Topical cannabis product,” means a non-edible cannabis product that is intended to be applied topically, including salves, creams, lotions, transdermal patches, or balms; (41) “Transaction record,” means a daily electronic record created and maintained by a dispensary to track transactions with patients; (42) “Transfer record,” means a daily electronic record of any acquisition of seeds, seedlings, plants, cannabis, or cannabis products and any transfer of cannabis or cannabis products to another medical cannabis establishment; (43) “Trim,” means trichome-containing leaves of the cannabis plant that have been intentionally removed during cultivation; and (44) “Valid form of personal identification,” means an unexpired form of identification acceptable for voter identification pursuant to SDCL section 12-18-6.1. Source: 7 June 23, 2021 General Authority: Law Implemented: Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html CHAPTER 44:90:02 REGISTRY IDENTIFICATION CARDS Section 44:90:02:01 Practitioner’s written certification – Debilitating Medical Condition – Recommendation for medical use of cannabis. 44:90:02:02 Practitioner certification – Recommendation for cultivation of cannabis – Extended plant count. 44:90:02:03 Patient registry identification card application requirements – Initial application. 44:90:02:04 Patient designation of caregivers – Minor patients – Person responsible for making medical decisions -- Designation by residents of health care facility or residential care facility. 44:90:02:05. Application to cultivate cannabis -- Patient designation of caregivers to cultivate cannabis. 44:90:02:06 Registry identification card renewal requirements. 44:90:02:07 Change of designation of caregivers – Change of designation to cultivate. 44:90:02:08 Nonresident registration – Required documentation. 8 June 23, 2021 44:90:02:09 Nonresident registration – Identification number. 44:90:02:10 Allowable quantity of cannabis products. 44:90:02:11 Fees for registry identification cards. 44:90:02:01. Practitioner’s written certification – Debilitating medical condition – Recommendation for medical use of cannabis. 1. Except in connection with nonresidents, the department shall reject a written certification not issued by a physician currently licensed pursuant to SDCL chapter 36-4. 2. A practitioner’s written certification shall be on a form supplied by the Department and shall include: (A) The practitioner’s name and address; (B) The practitioner’s South Dakota medical license and National Practitioner Identification numbers; (C) Certification that the practitioner has assessed the patient's medical history and current medical condition, including an in-person physical examination; (D) The date on which the physical examination was conducted; (E) Certification that the patient has a debilitating medical condition, as defined by 34-20G- 1(8), specifying the International Classification of Diseases, Tenth Revision (ICD-10) code; (F) Certification that the practitioner and patient have discussed treatment options for the patient’s debilitating medical condition, including the benefits and risks of the medical use of cannabis; (G) Certification that the practitioner is available for further consultation with the patient as required; 9 June 23, 2021 (H) The date, if applicable, on which the patient’s need for the medical use of cannabis is expected to end; and (I) The number of caregivers, if more than one, that the patient’s age or medical condition necessitates. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/ 44:90:02:02. Practitioner certification – Recommendation for cultivation of cannabis – Extended plant count. 1. Except in connection with nonresidents, the department shall reject a recommendation for the cultivation of cannabis not issued by a physician currently licensed pursuant to SDCL chapter 36-4. 2. Unless the practitioner specifies otherwise, a recommendation to allow cultivation of cannabis shall be for three plants and shall expire on the same date as the patient’s registry identification card. 3. If the practitioner recommends the cultivation of more than three plants, the recommendation shall specify the reasons for the extended plant count, including: 10 June 23, 2021 (A) The research on which the practitioner relied in calculating the amount of cannabis required by the patient and that the risks associated with using that amount of cannabis are outweighed by the benefits; (B) The difficulty the patient would experience in obtaining an adequate supply of cannabis from dispensaries due to the patient’s place of residence or level of disability; (C) The practitioner’s reasoning as to why the extended plant count does not create an undue risk of diversion or abuse; and (D) Any other factors justifying the recommendation. 4. A recommendation for the cultivation of more than three plants shall expire 90 days after the date of the recommendation. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 44:90:02:03. Patient registry identification card application requirements – Initial application. A person with a debilitating medical condition, or the person responsible for making medical decisions for that person, must apply for a patient registry identification card by submitting: 1. A completed application on a form supplied by the Department, which shall contain all information required by SDCL 34-20G-29 and 34-20G-33; 2. A completed practitioner certification on a form supplied by the Department; 3. A photocopy of a valid form of personal identification; 4. A photograph meeting all requirements for a United States passport; 11 June 23, 2021 5. If a low-income patient, documentation of household income, including: (A) If employed, wage stubs or earning statements for the past 30 days; (B) If self-employed, most recent federal income tax return and self-employment ledgers; (C) Proof of all other income (including Social Security, Supplemental Security Income, workers’ compensation, unemployment benefits, Bureau of Indian Affairs general assistance, child support, rental income, veterans’ benefits, pensions, and interest income) for the previous 12 months; and (D) Most recent financial statement from checking accounts, savings accounts, certificates of deposit, credit union accounts, retirement accounts, stocks, bonds, or dividends; and 6. The required fee, pursuant to ARSD 44:90:02:11. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 and 34-20G-33 44:90:02:04. Patient designation of caregivers – Minor patients – Person responsible for making medical decisions -- Residents of health care facility or residential care facility. 1. A qualifying patient may designate an eligible individual as a caregiver by submitting: (A) A completed designation on a form supplied by the Department; (B) The caregiver’s sworn statement that the caregiver has not been convicted of a disqualifying felony offense in the previous 10 years; (C) Any additional fees. 2. A qualifying patient under 21 years of age must designate at least one caregiver. 12 June 23, 2021 3. Each person designated as a caregiver to one or more qualifying patients shall submit to the Division of Criminal Investigation once every 2 years: (A) A photocopy of a valid form of personal identification; (B) A Division of Criminal Investigation fingerprint card processed by a local law enforcement agency; (C) An authorization and release form releasing the results of a state-only background check to the department, and payment of any fee charged by the Division of Criminal Investigation. 4. A caregiver must submit a photograph meeting all requirements for a United States passport once every 5 years. 5. A caregiver must acknowledge in writing the prohibition of remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2). 6. If a practitioner has recommended that a patient younger than 18 years of age have multiple caregivers, the custodial parents or legal guardians may designate other caregivers as advised. 7. The person responsible for making medical decisions for a qualifying patient 18 years of age or older, if qualified to be a caregiver, shall be designated caregiver to the qualifying patient. If the practitioner has recommended that the patient have multiple caregivers, the person responsible for making medical decisions may designate other caregivers as advised. 8. The designation of a caregiver who is an employee of a health care facility or residential care facility to act as a caregiver on the premises of the facility requires the signature of an officer of the facility. 13 June 23, 2021 9. The designation shall have the same expiration date as the expiration of the qualifying patient’s registry identification card. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-1(10), 34-20G-2(2), 34-20G-30, SDCL 34-20G-31, 34-20G- 33, 34-20G-35, and 34-20G-39 44:90:02:05. Application to cultivate cannabis -- Patient designation of caregivers to cultivate cannabis. 1. A patient applying to cultivate cannabis or designate a caregiver to cultivate cannabis on the patient’s behalf must submit: (A) A practitioner’s recommendation for the cultivation of cannabis; (B) A diagram and photographs of the enclosed, locked facility in which the cannabis will be cultivated; and (C) The fee required by ARSD 44:90:02:11. 2. A qualifying patient under 21 years of age may not cultivate cannabis but may designate a caregiver to cultivate cannabis on the patient’s behalf. 3. Upon approval of the application, the Department will issue a two-part registry identification card to the patient or caregiver designated to cultivate cannabis: (A) One part of the registration card must be posted inside the enclosed, locked facility in which the cannabis is cultivated; and (B) The other part of the registration card must be carried by the patient or caregiver. 4. Only one person may cultivate cannabis on behalf of a patient, except that: 14 June 23, 2021 (A) A qualifying patient may share the designation with a designated caregiver who resides in the same dwelling; and (B) Two custodial parents or legal guardians of a qualifying patient under 18 years of age who reside in the same dwelling may share the designation. 5. The entirety of a patient’s cannabis must be cultivated in a single enclosed, locked facility. 6. No caregiver may simultaneously cultivate an extended plant count for more than one qualifying patient. 7. Two or more caregivers may not form a collective. 8. Two or more caregivers may not cultivate cannabis in a single-unit building or in a unit of a multi-unit building, unless expressly permitted by SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-1(10), 34-20G-1(13), 34-20G-29, 34-20G-33, and 34-20G- 51 44:90:02:06. Registry identification card renewal requirements. 1. A qualifying patient shall submit a renewal application, with the required fee, up to 45 days prior to the expiration of the patient’s registry identification card on a form supplied by the department. 2. A qualifying patient may designate caregivers, including changing the designation, at the time of renewal on a form supplied by the Department. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 and 34-20G-32 15 June 23, 2021 44:90:02:07. Change of designation of caregivers – Change of designation to cultivate. 1. A qualifying patient or the qualifying patient’s legal representative may change the designation of caregivers at any time, including: (A) Substituting a new caregiver for a previously designated caregiver; (B) Adding an additional caregiver if recommended by a practitioner; (C) Adding a caregiver while a resident of a health care or residential care facility; or (D) If cannabis cultivation is authorized, designating a caregiver to cultivate cannabis for the patient, or changing or ending such designation. 2. The process for designating a replacement caregiver or designating an additional caregiver shall be the same as designation at the time of an initial or renewal application, with the addition of any fee for issuing new registry identification cards to the patient and all caregivers. 3. If the change results in the removal of one or more caregivers: (A) The patient shall notify each such caregiver in writing and shall certify to the department that notice has been given; (B) The caregiver shall have 15 days to return the registry identification card associated with that patient; and 4. If the application indicates that the patient no longer wishes a caregiver to cultivate cannabis on the patient’s behalf or wishes a different caregiver to cultivate cannabis on the patient’s behalf: (A) The patient shall notify the current caregiver in writing and shall certify to the department that notice has been given; 16 June 23, 2021 (B) The caregiver shall have 15 days to return the registry identification card and dispose of the cannabis plants and any cannabis and cannabis products that were produced from the allowable plants; and 5. A caregiver shall provide written notice to the patient or the person legally responsible for making medical decisions for the patient and shall notify the department on a form supplied by the department if the caregiver no longer wishes to act as the patient’s caregiver. The caregiver shall return the registry identification card associated with the patient immediately upon submitting such notice and, if applicable, shall dispose of cannabis plants and any cannabis and cannabis products that were produced from the allowable plants. 6. Upon giving notice of a patient’s death pursuant to SDCL 34-20G-46(2), a caregiver shall, within 15 days, return the registry identification card associated with the patient and, if applicable, shall dispose of cannabis plants and any cannabis and cannabis products that were produced from the allowable plants. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-46 and 34-20G-48 44:90:02:08. Nonresident registration – Required documentation. 1. The department shall accept any of the following as sufficient documentation of a nonresident’s debilitating medical condition: (A) Practitioner certification issued in the person’s jurisdiction of residence and listing a debilitating medical condition consistent with SDCL 34-20G-1; 17 June 23, 2021 (B) Practitioner certification issued in the person’s jurisdiction of residence, along with additional medical records indicating a debilitating medical condition recognized by the department pursuant to SDCL 34-20G-1; or (C) Practitioner certification on a form supplied by the department. 2. The department shall accept, as a nonresident’s authorization to use medical cannabis, registry identification cards or their equivalent from any state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that enacts legislation allowing patients to purchase, at minimum, cannabis or cannabis products containing 5,000 mg of THC per month, except jurisdictions that limit the medical use of cannabis to hemp, as defined in SDCL 38-35-1, and its derivatives. Source: __ General Authority: SDCL 34-20G-72(8) Law Implemented: SDCL 34-20G-1(19) 44:90:02:09. Nonresident registration – Identification number. 1. The department shall issue to a nonresident cardholder who has met all registration requirements a nonrenewable 10-digit identification number, which shall expire on the earliest of: (A) Six months from the date of issuance of the identification number; (B) The expiration date of the nonresident’s proof of authorization issued by the jurisdiction where the nonresident cardholder resides; or (C) Any earlier expiration date specified by the practitioner’s statement. 18 June 23, 2021 2. The registration number shall be valid at no more than two dispensaries, which shall be designated by the nonresident cardholder at the time of registration. Source: __ General Authority: SDCL 34-20G-72(8) Law Implemented: SDCL 34-20G-1(19) 44:90:02:10. Allowable quantity of cannabis products. 1. Under SDCL 34-20G-1(1)(b), cardholders and nonresident cardholders may possess a quantity of cannabis products with an equivalent cannabis weight totaling 3 ounces minus the amount of cannabis flower and trim possessed pursuant to SDCL 34-20G-1(1)(a). 2. The equivalent cannabis weight of cannabis products shall be: Type of cannabis Amount equivalent to one ounce of cannabis Concentrated cannabis 8,000 mg Vaporizer pens or cartridges 8,000 mg Edibles (including tinctures, oils, or beverages tested by a certified testing facility) 80 servings providing 10 mg of THC Tinctures, oils, or beverages (untested) 30 milliliters/1 fluid ounce Topical (ointment or cream) 12 fluid ounces Transdermal patches (tested) 80 doses of 10 mg THC Transdermal patches (untested) 12 patches Source: __ General Authority: SDCL 34-20G-72(9) Law Implemented: SDCL 34-20G-1(1)(b), 34-20G-2, and 34-20G-3 44:90:02:11. Fees for registry identification cards. 19 June 23, 2021 1. The base fee for initial application and yearly renewal of a patient registry identification card for a resident of South Dakota shall be: (A) $20 for a low-income qualifying patient; and (B) $100 for all other applicants. 2. Qualifying patients shall submit an additional $20 fee for the issuance of any caregiver registry identification card, except no fee shall be charged for the designation of a caregiver at the time of the initial or renewal application. 3. An additional $20 fee is required for the printing of a two-part registry identification card for patients electing to cultivate cannabis or designate a caregiver to cultivate cannabis. 4. Nonresidents shall submit a $100 fee with a registration application. 5. All fees imposed under this section shall be nonrefundable. Source: __ General Authority: SDCL 34-20G-72(10) Law Implemented: SDCL 34-20G-29, 34-20G-31, 34-20G-3 CHAPTER 44:90:03 REGISTRATION CERTIFICATES Section 44:90:03:01 Application for registration certificate – Components of complete application. 44:90:03:02 Operating procedures – Required contents – All medical cannabis establishments. 20 June 23, 2021 44:90:03:03 Cannabis cultivation facility operating procedures – Additional requirements. 44:90:03:04 Cannabis testing facility operating procedures – Additional requirements. 44:90:03:05 Cannabis product manufacturing facility operating procedures – Additional requirements. 44:90:03:06 Cannabis dispensary operating procedures – Additional requirements. 44:90:03:07 Compliance with local zoning requirements – Form of certification. 44:90:03:08 Local registration, license, or permit – Department verification. 44:90:03:09 No registration certificate revocation – Department verification. 44:90:03:10 No disqualifying felonies – Form of certification. 44:90:03:11 Department review of competitive application – Scoring criteria. 44:90:03:12 Department notification of applicants – Tiebreaking procedures. 44:90:03:13 Fees for registration certificate – Application and renewal – Change in location or ownership. 44:90:03:01. Application for registration certificate – Components of complete application. 1. An initial application for a registration certificate for any type of medical cannabis establishment shall include: (A) A completed application form; (B) Operating procedures consistent with this article; (C) Proof of property owner’s consent to cultivation or manufacturing; (D) Certification of compliance from the local municipality or county ensuring applicant’s proposed plans and location meet all local zoning and ordinance requirements; (E) Copies of all required registrations, licenses, or permits; 21 June 23, 2021 (F) Photocopies of a valid form of identification issued in South Dakota, or its equivalent issued in another U.S. jurisdiction, for all principal officers and board members; (G) Photocopies of organizing documents, operating agreements, management agreements, bylaws, or other legal documents relating to the applicant’s business structure; (H) Certification that background checks have been completed for all medical cannabis establishment agents; and (I) The applicable fee. 2. A renewal application for a registration certificate: (A) Is required every 12 months or whenever 50 percent or more of the ownership interest in the establishment has been transferred since the most recent renewal application; and (B) Shall include all components of an initial application, except that a detailed description of any changes to operating procedures, or a certification that no such changes exist, may be substituted for a complete set of operating procedures. 3. An application for the transfer of a registration certificate to a different physical location shall include: (A) A completed change of location form; (B) Diagrams of all locations in which cannabis will be cultivated, harvested, dried, stored, manufactured, or destroyed; (C) A detailed description of any changes to operating procedures, or a certification that no such changes exist; (D) Certification of compliance with all local zoning requirements; (E) Copies of all required registration, licenses, or permits reflecting the establishment’s new address; and 22 June 23, 2021 (F) The applicable fee. 4. An application to transfer less than 50 percent of the ownership interest in a medical cannabis establishment shall include: (A) A completed transfer of ownership interest form; (B) Photocopies of a valid form of identification issued in South Dakota, or its equivalent issued in another U.S. jurisdiction, for any new principal officers and board members; (C) Certification that background checks have been completed for any new medical cannabis establishment agents; and (D) The applicable fee. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1) 44:90:03:02. Operating procedures – Required contents – All medical cannabis establishments. The operating procedures of any medical cannabis establishment shall include: 1. A management plan identifying the individuals who will be in charge of day-to-day operations of the establishment, including compliance with this article and SDCL chapter 34- 20G and their specific management roles; 2. A site plan, which shall: (A) Identify any areas in which cannabis will be cultivated, harvested, dried, stored, manufactured, tested, or destroyed; (B) Indicate the types of activities that will take place in those areas; 23 June 23, 2021 (C) Identify a means of legal ingress onto property from the closest maintained public right of way; and (D) Provide sufficient detail for the Department to determine that the establishment is completely self-contained and does not have any access to any other cannabis establishment or other business, except by public right of way. 3. Operating days and hours; 4. A workplace safety plan consistent with 29 CFR Part 1910 (2020), covering personal protective equipment, hazard assessment, safe equipment operation, proper application of agricultural chemicals, ladder use, hazard communication and other state and federal workplace safety requirements; 5. Plans for compliance with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22; 6. A security plan indicating all doors, windows, gates, exterior lights, alarm sensors, cameras, and how alarms and cameras will be monitored; 7. Any additional steps to ensure the safety of patrons and the community; 8. Plans for preventing the diversion of cannabis to non-cardholders; 9. A waste management plan for disposal of cannabis waste and, if applicable, wastewater that conforms to federal, state, or local rules, regulations, and laws; 10. Pre-employment screening procedures, including criminal background check; and 11. Processes for limiting access by unauthorized persons, including verification of identity for all vendors and contractors, issuance of a visitor badge, and closely monitoring all visitors. Source: _ General Authority: SDCL 34-20G-72(2) and 34-20G-72(3) Law Implemented: SDCL 34-20G-55(1)(c) 24 June 23, 2021 44:90:03:03. Cannabis cultivation facility operating procedures – Additional requirements. The operating procedures for a cultivation facility shall provide the Department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 1. Plans to obtain an adequate supply of cannabis seeds or seedlings; 2. The number of mature cannabis plants, or size of plant canopy, to be cultivated; 3. The number of seedlings to be cultivated; 4. Plans for wastewater and waste disposal for the cultivation facility and the applicant’s certification of compliance with all state and federal laws; 5. The lights, irrigation, greenhouses and other equipment to be used and the approval listing; 6. Plans for providing electricity, water and other utilities necessary for the normal operation of the cultivation facility; 7. Plans for ventilation and filtration systems that reduce the potential for mold; and 8. A list of all pesticides, fungicides, insecticides, and fertilizers that will be present or used. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:04. Cannabis testing facility operating procedures – Additional requirements. 25 June 23, 2021 The written operating procedures for a testing facility shall provide the Department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including without limitation: 1. A policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial, or other influences that may adversely affect the quality of their work or diminish confidence in its competence, impartiality, judgement, or operational integrity; 2. A signed disclosure by the owner(s) stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cannabis cultivation facility, cannabis product manufacturing facility, or cannabis dispensary; 3. A quality control and quality assurance manual; 4. A list of analytical tests, specifying the analyte and technology for each, the applicant intends to offer and: (A) Prior to July 1, 2024, proof that the applicant is working with an accreditation body to ensure compliance with applicable rules and ensure progress towards achieving ISO/IEC 17025 accreditation including all proposed analytical tests within its scope of accreditation; or (B) On or after July 1, 2024, proof of ISO/IEC 17025 accreditation for each analytical test proposed; 5. Standard operating procedures for all preanalytical, analytical, and post-analytical processes performed by the laboratory; 6. Protocols for performing validation studies of all analytical tests to be performed; 26 June 23, 2021 7. Protocols for biannual proficiency testing and documenting successful completion of above 80 percent; 8. A program to assess and document, at least annually, the competency of all technical and scientific staff that perform preanalytical, analytical, and postanalytical processes; 9. Policies and procedures that ensure the protection of its clients’ confidential information and proprietary rights, including procedures for protecting the electronic storage and transmission of results; 10. Policies and procedures for collection and receipt of samples for mandatory or other testing; 11. Chain of custody protocols and a sample chain of custody form; and 12. Equipment to be used and its listing by a nationally recognized testing laboratory. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html 44:90:03:05. Cannabis product manufacturing facility operating procedures – Additional requirements. The operating procedures for a cannabis product manufacturing facility shall provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 27 June 23, 2021 1. A description of the classes of products, such as extracts, inhaled products, edible products, beverages, topical products, ointments, oils, and tinctures, that will be manufactured by the establishment; 2. A detailed description of the manufacturing processes that will occur on the premises, including: (A) Mechanical extraction using potable water, ice, dry screening or sieving, cryonic extraction, pressure, or temperature; (B) Infusion into propylene glycol, glycerin, or food-grade fats; (C) Extraction using food-grade ethanol; and (D) Extraction using an inherently hazardous substance; 3. A diagram illustrating in which areas of the premises each manufacturing activity will occur; 4. A diagram illustrating the areas of the premises where any solvent, excluding water, chemical or potentially hazardous substance will be stored; 5. Plans for ventilation and filtration systems that reduce the risk of fire or respiratory harm within the facility; 6. Certification from a professional engineer licensed in this state of the safety of the equipment used for cannabis extraction and the location of the equipment and the professional engineer's approval of the standard operating procedures for the cannabis extraction; 7. Documentation from a professional engineer licensed in this State or a state or local official authorized to certify compliance that the equipment used for cannabis extraction and the location of the equipment comply with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22; and 28 June 23, 2021 8. Documentation from the manufacturer of the cannabis extraction system or a professional engineer licensed in this State showing that a professional grade, closed-loop extraction system that recovers the solvents used to produce cannabis extract is used by the establishment. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:06. Cannabis dispensary operating procedures – Additional requirements. The operating procedures for a dispensary shall provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 1. Plans to obtain an adequate supply of cannabis, cannabis extracts, and cannabis products; 2. Types of products offered; 3. Verification of identification card and purchase limits; 4. Advertising plan, including onsite signs; 5. Training plan; 6. Point-of-sale software to be used, including documentation of its interoperability with the inventory tracking system; 7. Parking; 8. Accessibility to individuals with disabilities; and 9. Suitability of location for maximizing access by cardholders. Source: _ General Authority: SDCL 34-20G-72(2) and 34-20G-72(3) 29 June 23, 2021 Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:07. Compliance with local zoning requirements – Form of certification. Each initial or renewal application shall include the application’s certification, on a form supplied by the department, of compliance with all applicable city and county zoning requirements, including any city or county odor ordinances or regulations. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(d) 44:90:03:08. Local registration, license, or permit – Department verification. 1. Each initial or renewal application shall include either: (A) A certification, on a form supplied by the department, that the applicant is not required to obtain any city or county registration, license, or permit; or (B) Copies of all required registrations, licenses, or permits. 2. The department may contact the city or county to verify the absence of registration, licensing, or permitting requirements or to verify the form and content of such documents. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(e) and 34-20G-60 44:90:03:09. No registration certificate revocation – Department verification. 30 June 23, 2021 Each initial or renewal application shall include a certification, on a form supplied by the department, that none of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(2) 44:90:03:10. No disqualifying felonies – Form of certification. With each initial or renewal application: 1. Each principal officer or board member shall aver that the individual has not been convicted of any violent felony offense in the previous 10 years, whether in South Dakota or another jurisdiction. 2. The signatory to the application shall aver that the applicant has conducted background checks on all principal officers and board members within 90 days of the initial application or within two years of a renewal application. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-61 and 34-20G-62 44:90:03:11. Department review of competitive applications – Scoring criteria. 31 June 23, 2021 In cases where more applicants apply than are allowed by the local government, the department shall numerically score competitive applications according to the following criteria: 1. The city or county limiting the number of establishments, in response the department’s inquiry, has endorsed the application as beneficial to the community (1 point). 2. The city or county limiting the number of establishments has not informed the department the location specified in the application is unsuitable, due to zoning regulations or inaccessibility to the public, for the proposed use (1 point). 3. All principal officers and board members have certified that they have not, in the previous 10 years, in any U.S. jurisdiction: (A) Been convicted of a criminal offense involving fraud or false statements to a unit of government (1 point); or (B) Served as a principal officer or board member of any business that has had a license or permit suspended or revoked for violations of laws or regulations relating to cannabis, alcohol, tobacco, or gaming (1 point). 4. The applicant has submitted a floorplan with sufficient detail to enable the department to determine where all activities listed in the operating procedures will take place (1 point). 5. The applicant has submitted a business plan outlining the details contained in SDCL 34-20G- 72(3)(d) (1 point). Source: _ General Authority: SDCL 34-20G-72(3) Law Implemented: SDCL 34-20G-56 32 June 23, 2021 44:90:03:12. Department notification of applicants – Tiebreaking procedures. 1. The dispensary applicant with the highest score shall be awarded a registration certificate. 2. If the city or county has enacted an overall limit on the number of establishments, the department shall award registration certificates, in order of final score, until the limit is reached. 3. If the city or county has enacted a limit on establishments by establishment type, the department shall award registration certificates, in order of final score, until the limit is reached for each establishment type. 4. If applicants are tied for one or more openings in a locality, the affected applicants shall have the opportunity to view, in person or via videoconference, a random drawing to determine the successful applicants. 5. The notification of unsuccessful applicants shall identify the department’s decision as a final department action subject to judicial review. Source: _ General Authority: SDCL 34-20G-72(3) Law Implemented: SDCL 34-20G-56 and 34-20G-59 44:90:03:13. Fees for registration certificates – Application and renewal – Change in location or ownership. 1. Applicants shall submit a $5,000 fee with an initial or renewal application for a registration certificate. 2. Establishments shall submit a $250 fee with an application to (A) Operate at a different physical location. 33 June 23, 2021 (B) Transfer an ownership interest to any person not listed on the establishment’s most recent initial or renewal application. 3. Establishments shall submit a $50 fee with each request for an agent identification badge. 4. The fees imposed under this section shall increase annually based on the index factor. 5. The fees imposed under this section shall be nonrefundable. Source: __ General Authority: SDCL 34-20G-72(10) Law Implemented: SDCL 34-20G-55 CHAPTER 44:90:04 ESTABLISHMENTS Section 44:90:04:01 Change in management – Duty to report. 44:90:04:02 Corrective and preventive action – Written procedures. 44:90:04:03 Duty to report criminal activity to department. 44:90:04:04 Duty to report criminal activity to law enforcement. 44:90:04:05 Lighting. 44:90:04:06 Doors and windows. 44:90:04:07 Placement of security cameras. 44:90:04:08 Recording by security cameras – Access by department. 44:90:04:09 Storage of camera footage. 44:90:04:10 Alarm system. 44:90:04:11 Notification to department. 34 June 23, 2021 44:90:04:12 Agent identification badges to be obtained by establishments. 44:90:04:13 Agent identification badges to be displayed. 44:90:04:14 Controlled access – Verification of identity. 44:90:04:15 Visitor badges to be worn by contractors performing work at a medical cannabis establishment. 44:90:04:16 Operation of agricultural, industrial, or other heavy equipment – Training requirements. 44:90:04:17 Record-keeping -- Use of inventory tracking system– Training requirements. 44:90:04:18 Security protocols– Training requirements. 44:90:04:19 Vehicle requirements – Establishments. 44:90:04:20 Transport manifests – Form and content. 44:90:04:21 Storage during transport. 44:90:04:22 Conduct during transport. 44:90:04:23 Transport incident notification. 44:90:04:24 Health and safety standards for storage. 44:90:04:25 Storage while awaiting test results. 44:90:04:01. Change in management – Duty to report. An establishment shall remain under the direction of the individuals identified in its management plan and shall provide the department an updated management plan within seven days after any change in management personnel occurs. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63 44:90:04:02. Corrective and preventive action – Written procedures. 35 June 23, 2021 An establishment shall maintain and follow written procedures for implementing corrective action and preventive action, including: 1. Analysis of processes, work operations, reports, records, service records, complaints, returned product, and other sources of data to identify existing and potential root causes of nonconformance or other quality problems; 2. Identifying any actions needed to correct and prevent recurrence of nonconformance and other quality problems; 3. Verifying the corrective action or preventive action to ensure that such action is effective and does not adversely affect finished products or processes; 4. Implementing and recording changes in methods and procedures needed to correct and prevent identified quality problems; 5. Ensuring the information related to quality problems or nonconformance is disseminated to those directly responsible for assuring the quality of products or the prevention of such problems; 6. Submitting relevant information on identified quality problems and corrective action and preventive action documentation, and confirming the result of the evaluation, for management review; and 7. Ensuring that cannabis or cannabis products that do not meet safety standards are quickly identified and destroyed or remediated to prevent harm to patients. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63, 34-20G-71 36 June 23, 2021 44:90:04:03. Duty to report criminal activity to department. In addition to notice required by SDCL 34-20G-50, an establishment shall provide notice to the department within one business day upon its discovery of any plan or other action of any person to: 1. Steal cannabis plants, cannabis, cannabis products, cannabis paraphernalia, equipment, or money; 2. Sell or otherwise provide cannabis plants, cannabis, cannabis products, or cannabis paraphernalia to unauthorized persons; 3. Purchase or otherwise obtain cannabis plants, cannabis, cannabis products, or cannabis paraphernalia by unauthorized persons; 4. Falsify inventory records or transport manifests; or 5. Commit any other crime relating to the operation of the establishment. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-50, 34-20G-63, and 34-20G-64 44:90:04:04. Duty to report criminal activity to law enforcement. Any criminal activity reported to the department shall also be reported to a local law enforcement agency. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63 and 34-20G-88 37 June 23, 2021 44:90:04:05. Lighting. (1) Any gate or perimeter entry point of a medical cannabis establishment must have lighting sufficient for observers to see, and cameras to record, any activity within ten feet of the gate or entry. (2) A motion detection lighting system may be employed to light required areas in low-light conditions. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:06. Doors and windows. Commercial grade locks, intended for facilities requiring high levels of physical security, are required on all perimeter entry doors. All windows must be in good condition and lockable. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:07. Placement of security cameras. All establishments must permanently fix security cameras: 1. At each exterior door and gate to allow identification of persons entering or exiting the premises. 38 June 23, 2021 2. At each door separating non-public areas of a dispensary from areas in which sales to patients and caregivers are made, to allow identification of persons entering or exiting non-public areas. 3. In sufficient number to allow the viewing, in its entirety, of any area where cannabis, cannabis plants, cannabis products, or cannabis waste are cultivated, manufactured, stored, destroyed, disposed, or prepared for transfer, sale, or testing. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:08. Recording by security cameras – Access by department. 1. Video surveillance shall meet the following minimum requirements: (A) Minimum resolution of 720 pixels; (B) Internet protocol (IP) compatibility supporting live viewing by the department over a secure internet connection; (C) Minimum of 15 frames per second; and (D) Clear and accurate display of time and date. 2. The cameras shall be set to record 24 hours a day at all establishments, except cameras placed at exterior doors used by patients to enter or exit the dispensary, which to ensure patient privacy shall be set to record only outside of the dispensary’s operating hours. 3. Surveillance systems shall have a backup power source allowing for recording and transmitting video for a minimum of two hours in the event of a power failure. Source: __ 39 June 23, 2021 General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:09. Storage of camera footage. 1. An establishment must maintain surveillance recordings for a minimum of 180 days, either: (A) On a surveillance system storage device secured on the premises in a lockbox, cabinet, or closet and alarmed with motion and seismic sensors to protect from employee tampering or criminal theft; or (B) Stored on a secure third-party server. 2. All video recordings are subject to inspection by any department employee or law enforcement officer and must be copied and provided to the department or law enforcement officer upon request. 3. Licensees must maintain a list of all persons with access to video surveillance recording and written procedures for controlling access to recordings. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:10. Alarm system. 1. Monitored sensors are required on all exterior doors, windows, and gates. 2. Alarm systems must be monitored by a security company capable of contacting the establishment and, if necessary, law enforcement. 40 June 23, 2021 3. The system must include an audible alarm, which must be capable of being disabled remotely by the security company. 4. Surveillance systems shall alert the security company in the event of a power failure and shall operate for a minimum of four hours on backup power. Source: __ General Authority: SDCL 34-20G-72(__) Law Implemented: SDCL 34-20G-__ 44:90:04:11. Notification to department. An establishment must notify local law enforcement and the department within 24 hours upon learning of any unauthorized entry or theft of cannabis, cannabis plants, or cannabis products. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-50 44:90:04:12. Agent identification badges to be obtained by establishments. 1. A medical cannabis establishment must obtain an agent identification badge for any agent before that person is permitted to perform duties on the site of the establishment or transport cannabis, cannabis extracts, or cannabis products. 2. The application for an agent identification badge shall be made on a form supplied by the department, which shall include an attestation that the establishment has obtained a criminal background check on the applicant in the previous two years, and which shall be 41 June 23, 2021 accompanied by a photograph meeting the requirements for a United States passport and the required fee. 3. The identification badge shall remain the property of the department. 4. An establishment must inform the department immediately if the individual ceases to be an agent of the establishment. The badge shall become void and shall be returned to the department. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:13. Agent identification badges to be displayed. A medical cannabis establishment must provide a department-issued agent identification badge to each agent, who must display this badge whenever on the premises of the establishment or transporting cannabis, cannabis extract, or cannabis products. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:14. Controlled access – Verification of identity. 1. No medical cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment. 42 June 23, 2021 2. A medical cannabis establishment must verify the age and identity of anyone entering the premises. 3. Unless permitted by ARSD 44:90:08:01, no person shall be allowed to enter the premises other than agents of the establishment, cardholders, contractors 21 years of age or older hired by the establishment, employees or agents of the department, law enforcement officers, employees or agents of other local or state agencies with regulatory authority, including fire marshals, electrical inspectors, pesticide control staff and environmental inspectors, for the purpose of exercising such regulatory authority. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-65 44:90:04:15. Visitor badges to be worn by contractors performing work at a medical cannabis establishment. A medical cannabis establishment must issue a visitor badge to any temporary contractor of the establishment whose scope of work will not involve the handling of cannabis, cannabis plants, cannabis extracts, or cannabis products, including a carpenter, electrician, plumber, engineer, or alarm technician. Such contractors shall work under the direct supervision of a medical cannabis establishment agent whenever working in an area in which cannabis plants, cannabis, cannabis extracts, or cannabis products are present. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-65 43 June 23, 2021 44:90:04:16. Operation of agricultural, industrial, or other heavy equipment – Training requirements. 1. Establishment agents shall receive thorough training in the safe operation of any heavy agricultural equipment, industrial equipment such as extraction and packaging equipment, and other heavy equipment such as forklifts, before operating such equipment. 2. Establishment agents shall complete OSHA-approved certification courses prior to using any equipment if required under local ordinance or state law. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:17. Record-keeping – Use of inventory tracking system – Training requirements. 1. Prior to performing duties onsite or transporting cannabis, an establishment agent shall receive at minimum two hours of training in record keeping, which shall be documented in the establishment’s records. 2. Any establishment agent who will enter data into the inventory tracking system required by the department shall additionally receive at minimum two hours of hands-on training; and 3. At least one establishment agent shall receive at minimum four hours of training to act as an administrator of the inventory tracking system. Source: __ General Authority: SDCL 34-20G-72(g) Law Implemented: SDCL 34-20G-__ 44 June 23, 2021 44:90:04:18. Security protocols– Training requirements. Each establishment agent shall receive training in all aspects of the establishment’s security protocol, focusing on the agent’s role in deterring and preventing theft and preventing unauthorized access to the premises. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-64 44:90:04:19. Vehicle requirements – Establishments. Establishments must provide the following information to the department for each vehicle that will be used to transport cannabis, cannabis concentrate, or cannabis products, including samples for testing: 1. Make, model, and license plate number; 2. Proof of a valid insurance policy; 3. A description, with photos as necessary, of a locking compartment to be used to secure cannabis, cannabis extracts, and cannabis products; 4. Verification that the vehicle has a functioning alarm system; and 5. A description of how the cannabis, cannabis extracts, or cannabis products will be maintained in an appropriate temperature range. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 45 June 23, 2021 44:90:04:20. Transport manifests – Form and content. 1. A transport manifest is required for all authorized transfers of any amount of cannabis, cannabis extracts, or cannabis products, except retail sales at a dispensary. 2. The transport manifest shall contain: (A) The name, address, phone number, and license number of the establishment transporting the cannabis, cannabis extracts, or cannabis products; (B) The name, address, phone number, and license number of the establishment receiving the items; (C) The phone number and web address of the department’s secure verification system; (D) Description and quantities, either by weight or unit, of all items, including samples, contained in each transport; (E) Date of transport and approximate time of departure and arrival; (F) Vehicle make, model and license plate number; (G) The name and signature of driver and any other agent accompanying the transport; and (H) The name and signature of the person accepting the transport, upon delivery. 3. A separate transport manifest must be prepared for each medical cannabis establishment that will receive cannabis, cannabis extracts, or cannabis products. 4. The vehicle must carry three copies of each transport manifest: (A) One for the recipient; (B) One to be returned to the originating establishment for the purposes of record keeping; and 46 June 23, 2021 (C) One to be provided at the request of law enforcement or an agent of the department, if the vehicle is involved in a traffic stop or collision. 5. Any cannabis, cannabis products, or cannabis extracts, including samples, that are refused by the intended recipient shall be noted on the transport manifest and noted in the establishments inventory records after the items are returned. 6. A transport manifest shall not otherwise be altered after departing from the originating premises. 7. The transport manifest does not take the place of a chain-of-custody form that may be required of the establishment. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:21. Storage during transport. 1. All cannabis or cannabis products being transported must be contained within an enclosed, locked area in the transport vehicle and out of public view. 2. Samples of cannabis, cannabis extracts, and cannabis products for testing shall be transported in appropriately labeled sample collection containers with tamper evident seals affixed. 3. All cannabis, cannabis extracts, or cannabis products being transported to another establishment, other than samples for testing, shall be transported within sealed containers identifying the recipient. 4. A cannabis product manufacturing facility or dispensary transporting any edible product requiring refrigeration to another establishment must provide refrigerated transport. 47 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:22. Conduct during transport. 1. Only agents of the establishment, wearing agent identification badges, and who are listed on each transport manifest, may be in the vehicle. 2. Any vehicle transporting cannabis, cannabis extract, or cannabis products must travel directly to the destinations listed on transport manifests, making stops only: (A) For meals, when the transport lasts more than three hours round trip; (B) For rest periods required by law; (C) To refuel; or (D) Under exigent circumstances, including collisions, traffic stops, mechanical breakdowns, weather emergencies, or medical emergencies. 3. The agents may not remove the cannabis, cannabis extracts, or cannabis products from the vehicle until arrival at the destination listed on the transport manifest, except under exigent circumstances in consultation with the department. 4. An establishment agent must make a vehicle used for the transport of cannabis, cannabis extract, or cannabis products immediately available for inspection upon request of the department. 5. Upon law enforcement stop or other contact all persons in the vehicle shall identify themselves with their agent identification badges and all transport manifests. Source: __ 48 June 23, 2021 General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:23. Transport incident notification. 1. Any traffic stop, breakdown, or collision involving a vehicle being used by an establishment to transport cannabis, cannabis extract, or cannabis products, or any unscheduled stop lasting more than two hours shall be reported to the department within one business day. 2. Any theft or break-in involving a vehicle being used by an establishment to transport cannabis, cannabis extract, or cannabis products shall be reported to local law enforcement immediately and to the department within one business day. 3. If exigent circumstances require removal of cannabis from the vehicle prior to arrival at the destination listed on the transport manifest, the establishment agents shall make a good faith effort to contact the department for direction. If unable to contact the department, the establishment agents shall make good faith efforts to protect the shipment from diversion. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:24. Health and safety standards for storage. A medical cannabis establishment shall store cannabis, and cannabis products, unless on display for sale: 1. In secure, sealed containers that prevent against damage from light, water, insects, or rodents; and 49 June 23, 2021 2. Under environmental conditions, including refrigeration of any perishable edible product, that will protect against physical, chemical, or microbial contamination and damage from temperature or humidity. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:25. Storage while awaiting test results. A cultivation facility or cannabis product manufacturing facility awaiting testing results must: 1. Enter the identification number of the batch and the identification number of the samples associated with the batch into the establishment’s inventory records; 2. Store the batch in one or more sealed containers enclosed on all sides; and 3. Affix to the container(s) a label including the following information: (A) The establishment’s identification number; (B) The batch number entered into inventory records; (C) Name and identification number of the testing facility that will perform the tests; (D) The sample’s unique identification number (E) The date the samples were taken; and (F) In bold, capital letters, no smaller than 12-point font, “PRODUCT NOT TESTED” Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 50 June 23, 2021 CHAPTER 44:90:05 CANNABIS CULTIVATION FACILITIES Section 44:90:05:01 Cultivation activities – Compliance with operating procedures. 44:90:05:02 Packaging and labeling cannabis for retail sale. 44:90:05:03 Cultivation equipment - Safety. 44:90:05:04 Cultivation area. 44:90:05:05 Hours of operation – Exigent circumstances. 44:90:05:06 Fences and greenhouses. 44:90:05:07 Safe application of pesticides and other chemicals used in cultivation– Training requirements. 44:90:05:08 Application of pesticides. 44:90:05:09 List of approved active ingredients in pesticides. 44:90:05:10 Safety of cannabis -- Use or presence of prohibited pesticides – Contaminants. 44:90:05:01. Cultivation activities – Compliance with operating procedures. A cultivation facility must have onsite, whenever establishment agents are present, a principal officer or other manager with responsibility for ensuring that all activities comply with the establishment’s operating procedures, including: 1. Propagating and cultivating cannabis plants; 2. Trimming, drying, curing, and storing cannabis; 3. Packaging cannabis, including testing samples; 4. Transporting cannabis to another establishment, including testing samples; and 51 June 23, 2021 5. Maintaining all required records. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:02. Packaging and labeling cannabis for retail sale. A cultivation facility may package and label for retail sale in packages of three ounces or less: 1. Cannabis flower and trim; and 2. Pre-rolled cannabis cigarettes, containing only cannabis flower or trim and an unflavored paper wrapper. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:03. Cultivation equipment - Safety. All electrical equipment, including but not limited to growing lights, cultivation equipment and packaging equipment, must be listed by a nationally recognized testing laboratory. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:04. Cultivation area. 52 June 23, 2021 Any cultivation of seedlings, immature plants, or mature plants must take place in: 1. An indoor facility meeting all security requirements of this article; 2. One or more greenhouses meeting all security requirements of an indoor facility; or 3. Within a secured fenced in area meeting all security requirements, either outdoors or in greenhouses not meeting security requirements. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:05. Hours of operation – Exigent circumstances. Agents of a cultivation facility may not, outside of the hours of operation stated on the operating plan of record, plant, feed, water, treat, move, harvest, dry, cure, package, destroy, or dispose cannabis, except: 1. Under exigent circumstances in which prompt action is necessary to protect inventory from destruction; and 2. With notice to the department within one business day regarding the character of the emergent circumstances, the activities to be conducted and the hours during which such activities will occur. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:06. Fences and greenhouses. 53 June 23, 2021 1. Any cultivation facility cultivating, processing, or storing cannabis outdoors or in greenhouses or other structures that do not meet all security requirements for buildings must secure such cultivation areas with fencing and lighting. 2. Fencing and all gates must be secure, at least six feet high and obscure, or have a cover that obscures, regulated activities from being readily viewed from outside of the fenced in area. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:05:07. Safe application of pesticides and other chemicals used in cultivation– Training requirements. 1. Any establishment agent who applies a department-approved fungicide, insecticide, or rodenticide shall hold a current pesticide applicator certification issued by the South Dakota Department of Agriculture and Natural Resources pursuant to ARSD chapter 12:56:05. 2. Any establishment agent who applies or uses other agricultural chemicals shall have training in their safe use, including mitigating any risks to humans, animals, or waterways. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-72(5)(d) 44:90:05:08. Application of pesticides. 1. The use of a pesticide in the cultivation of cannabis is prohibited unless it: (A) Is listed in the cultivation facility’s operating procedures filed with the department; and 54 June 23, 2021 (B) Contains only those active ingredients approved by the department pursuant to ARSD section 44:90:05:11 of this article. 2. An approved pesticide shall be applied only by an establishment agent with a current pesticide applicator license and only in a manner consistent with the label. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-11 44:90:05:09. List of approved active ingredients in pesticides. 1. The following synthetic chemical agents are approved as active ingredients in pesticides when used in a manner consistent with the label: (A) Auxin; (B) Azadirachtin; (C) Capric acid; (D) Caprylic acid; (E) Citric acid; (F) Copper octoanoate; (G) Cytokinins; (H) Diatomaceous earth; (I) Gibberellic acid; (J) Horticultural oils; (K) Hydrogen peroxide; (L) Indole-3-butyric acid; 55 June 23, 2021 (M) Insecticidal soaps; (N) Iron phosphate; (O) Methoprene; (P) Peroxyacetic acid; (Q) Petroleum oils; (R) Phosphorous acid, including salts thereof; (S) Potassium bicarbonate; (T) Potassium silicate; (U) Potassium sorbate; (V) Sodium bicarbonate; (W) Sodium ferric EDTA; (X) Sodium laurel sulfate; and (Y) Sulfur. 2. The following bacterial or fungal agents are approved as active ingredients in pesticides when used in a manner consistent with the label: (A) Bacillus amyloliquefaciens strain D747; (B) Bacillus subtilis QST; (C) Bacillus thuringiensis; (D) Beauveria bassianaa; (E) Burkholderia spp. Strain A396; (F) Gliocladium virens; (G) Harpin alpha beta; (H) Isaria fumosorosea; 56 June 23, 2021 (I) Myrothecium verrucaria; (J) Reynoutria sachalinensis; (K) Trichoderma asperellum strain T34; and (L) Trichoderma harzianum. 3. The following plant extracts are approved as active ingredients in pesticides when used in a manner consistent with the product label: (A) Capsaicin; (B) Castor oil; (C) Cinnamon oil; (D) Clove oil; (E) Corn oil; (F) Cottonseed oil; (G) Garlic oil; (H) Geraniol; (I) Geranium oil; (J) Lemongrass oil; (K) Linseed oil; (L) Neem oil; (M) Olive oil; (N) Peppermint oil; (O) Pyrethrins; (P) Rosemary oil; (Q) Sesame oil; 57 June 23, 2021 (R) Soybean oil; and (S) Thyme oil. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-9 44:90:05:10. Safety of cannabis -- Use or presence of prohibited pesticides – Contaminants. 1. The use or presence at a medical cannabis establishment of any pesticide listing an active ingredient not on the approved list shall be considered a violation of this article and SDCL chapter 34-20G. 2. The knowing use or presence at a medical cannabis establishment of any pesticide listing as an active ingredient a synthetic chemical agent not on the approved list shall be considered a serious violation of this article and SDCL chapter 34-20G. 3. The knowing use or presence at a medical cannabis establishment of any pesticide listing a nonsynthetic substance prohibited in organic crop production under 7 CFR section 205.602 (2021) shall be considered a serious violation of this article and SDCL chapter 34-20G. 4. Cannabis shall be considered non usable if it contains detectable levels of any of the following contaminants: (A) Residual pesticides unless approved by the department; (B) Residual solvents other than ethanol, glycerin, propylene glycol, or cooking fats; (C) Mold, yeast, or mycotoxins; (D) Coliform bacteria, enterobacteriaceae, e. coli, or salmonella; or (E) Cadmium, lead, arsenic, or mercury. 58 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(d) and 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 CHAPTER 44:90:06 CANNABIS TESTING FACILITIES Section 44:90:06:01 Required Accreditation and Registration – ISO/IEC 17025 – Drug Enforcement Agency. 44:90:06:02 Adherence to standard operating procedures – Quality control and quality assurance -- Sample collection. 44:90:06:03 Chain of custody protocols. 44:90:06:04 Mandatory testing for pesticides. 44:90:06:05 Testing of samples by State Public Health Laboratory or another laboratory. 44:90:06:01. Required Accreditation and Registration – ISO/IEC 17025 – Drug Enforcement Agency. 1. Prior to July 1, 2024, all cannabis testing facilities must work with an accreditation body to ensure compliance with applicable rules and ensure progress towards achieving ISO/IEC 17025 accreditation, with a scope of accreditation that includes all analytical tests performed by the facility. 59 June 23, 2021 2. On or after July 1, 2024, a cannabis testing facility may not accept cannabis or cannabis products for testing unless the facility is ISO/IEC accredited and the analytical tests to be performed are within the facility’s scope of accreditation. 3. A cannabis testing facility shall be registered with the Drug Enforcement Agency pursuant to 21 CFR part 1301 (2019). Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html 44:90:06:02. Adherence to standard operating procedures – Quality control and quality assurance -- Sample collection. 1. A cannabis testing facility shall adhere to its operating procedures, including: (A) The written procedures for all preanalytical, analytical, and post-analytical processes (B) Its quality control and quality assurance manual; (C) Completion of validation studies of all analytical tests to be performed; (D) Proficiency testing at an interval defined by the accrediting body; (E) Achieves a passing score on each proficiency test, or in the event of a non-passing score, completes remediation as defined by the accrediting body; and (F) A program to assess and document, at least annually, the competency of all technical and scientific staff that perform preanalytical, analytical, and postanalytical processes. 60 June 23, 2021 2. Each cannabis testing facility shall adopt standard operating procedures for the collection of samples for testing, which shall address: (A) Minimum and maximum batch size for cannabis and cannabis products; (B) Standards for the assignment of batch identifiers and sample identifiers; (C) Minimum quantity of cannabis and cannabis products needed for each analytical test; (D) Methodology for collecting material that is representative of the entire batch being tested; (E) Cleaning, sanitizing, and other methods for preventing sample contamination; (F) Containers to be used for sample collection, including methods for sealing; and (G) Prevention of damage or degradation during storage and transport. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:06:03. Chain of custody protocols. 1. The chain of custody protocols developed by a cannabis testing facility shall be approved by the department and must address: (A) Recording the possession of samples from the time of sampling through destruction; (B) Retaining for not less than 90 days any residual samples in the container in which the sample was submitted; (C) Handling procedures during collection, transport, and testing to avoid loss, damage, diversion, contamination, or misidentification of samples; and (D) The use of a chain of custody form that documents the collection, transport, receipt, testing, and destruction of samples. 61 June 23, 2021 2. The chain of custody form shall include the sample location, the number and types of containers, the mode of collection, the authorized individual who collected the sample, the date and time of collection, and requested analyses. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:06:04. Reporting of test results. 1. The results of any analytical test of cannabis or cannabis products shall be provided to the cannabis cultivation facility or cannabis cultivation facility in the form of a certificate of analysis. 2. The cannabis testing facility shall update the inventory tracking system to reflect whether the analytical test has revealed the presence of any analyte that renders the cannabis or cannabis products non usable. Source: __ General Authority: SDCL 34-20G-72(5)(d), 34-20G-72(5)(e), 34-20G-72(5)(h), and 34-20G- 72(5)(k) Law Implemented: SDCL 34-20G-9, SDCL 34-20G-10, and SDCL 34-20G-11 44:90:06:05. Analytical testing result verification. 62 June 23, 2021 1. Prior to July 1, 2024, all medical Cannabis or Cannabis products tested by state-certified laboratories shall be subject to routine confirmation testing by the department or department designee. (A) Upon request, the laboratory shall submit residual material from samples with complete testing results to the department or department designee. (B) The department or department designee will perform testing using an acceptable method to verify initial results. (C) Results of confirmation testing will be made available to the originating laboratory, and (1) If initial testing results are found to be conforming, no additional action will be taken; (2) If discordant results are encountered, the sample will be subjected to a third and final round of testing; and (3) If a third round of testing reveals discordant results, the cannabis testing facility shall stop all testing of cannabis and cannabis products pending completion of a corrective action plan approved by the department. 2. On or after July 1, 2024, the department shall not require routine confirmation testing for analytical tests within the scope of certification for an ISO/IEC 17025 certified cannabis testing facility, provided the cannabis testing facility: (A) Participates in a proficiency testing program as defined by the ISO17025 accrediting body; (B) Performs proficiency testing at an interval defined by the accrediting body; and (C) Achieves a passing score on each proficiency test, or in the event of a non-passing score, completes remediation as defined by the accrediting body. Source: __ 63 June 23, 2021 General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 and 34-20G-69 CHAPTER 44:90:07 CANNABIS PRODUCT MANUFACTURING FACILITIES Section 44:90:07:01 Manufacturing practices. 44:90:07:02 Prohibited manufacturing activities. 44:90:07:03 Extraction – Approved operating procedures. 44:90:07:04 Generally safe extraction methods. 44:90:07:05 Potentially hazardous extraction methods. 44:90:07:06 Extraction using inherently hazardous substances. 44:90:07:07 Edible cannabis products. 44:90:07:01. Manufacturing practices. 1. A cannabis product manufacturing facility must follow standard operating procedures to ensure workplace, environmental, and product safety, including: (A) Ensuring that all equipment and surfaces that come into contact with cannabis or other ingredients are food grade and nonreactive; (B) Maintaining all counters and surface areas in a manner that reduces the potential for development of microbials, molds, mildew, fungi and other contaminants; (C) Providing adequate refrigeration for ingredients and products during manufacture, storage, or transport; 64 June 23, 2021 (D) Ensuring that all electrical equipment is listed by a nationally recognized testing laboratory or inspected annually by a professional engineer licensed in South Dakota; and (E) Storing all chemicals in a safe manner. 2. As applicable, all agents of a cannabis product manufacturing facility must: (A) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present; (B) Use proper eye protection, respiratory protection and gloves; (C) Use only water that is potable and ice that is made from potable water; and (D) Undergo safety training on fire prevention and safe operation of equipment used for manufacturing. 3. Any cannabis product shall be considered non usable if it contains detectable levels of any of the following contaminants: (A) Residual pesticides, unless approved by the department; (B) Residual solvents other than ethanol, glycerin, propylene glycol, or cooking fats; (C) Mold, yeast, or mycotoxins; (D) Coliform bacteria, enterobacteriaceae, e. coli, or salmonella; or (E) Cadmium, lead, arsenic, or mercury. Source: __ General Authority: SDCL 34-20G-72(5)(d), 34-20G-72(5)(e) and 34-20G-72(5)(h) Law Implemented: SDCL 34-20G-10 44:90:07:02. Prohibited manufacturing activities. 65 June 23, 2021 A cannabis product manufacturing facility may not: 1. Manufacture a product in the distinct shape of human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age; 2. Manufacture a cannabis product by adding or infusing cannabis into a commercially available non-cannabis end product; 3. Manufacture any edible cannabis product that has more than 10 milligrams of THC per serving; 4. Package in a marketing layer an edible cannabis product with more than 100 milligrams of total THC; 5. Manufacture a product using cannabis, concentrate, or extract that has not passed any test declared mandatory by the department; 6. Manufacture cannabis products intended for non-human consumption; 7. Manufacture products that do not contain cannabis on the same premises as cannabis products; or 8. Extract cannabis using pressurized canned flammable fuel, including butane or propane in containers intended for camp stoves, handheld torch devices, refillable cigarette lighters, or similar consumer products. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:03. Extraction – Approved operating procedures. 66 June 23, 2021 1. A cannabis product manufacturing facility must conform with the standard operating procedures for extraction methods described in its operating procedures and shall not extract cannabis using any other methods without prior written approval by the department. 2. A cannabis product manufacturing facility performing extraction may be subject to inspection by the state fire marshal, local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present, and that the facility complies with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:04. Generally safe extraction methods. The following methods of extraction are permissible if listed in the establishment’s operating procedures on file with the department: 1. Mechanical extraction using: (A) Potable water and ice made from potable water; (B) Dry screening or sieving; (C) Cryogenic or subzero processing not involving a solvent; and (D) Pressure and temperature. 2. Infusion of cannabis in food grade fats or synthetic food additives: (A) Propylene glycol; (B) Glycerin; and (C) Butter, olive oil, or other typical cooking fats. 67 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:05. Potentially hazardous extraction methods. The department will permit extraction using the following substances, if 99 percent or greater in purity and if the department deems storage, preparation, electrical, gas monitoring, fire suppression, and exhaust systems methods to be adequate: 1. Carbon dioxide; 2. Another liquid chemical, compressed gas, or commercial product that has a flashpoint above 100 degrees Fahrenheit; or 3. Ethanol, including solutions of ethanol and water; Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:06. Extraction using inherently hazardous substances. 1. Extraction using an inherently hazardous substance requires prior physical inspection and written approval by a professional engineer licensed in South Dakota that the establishment’s storage, preparation, electrical, gas monitoring, fire suppression, and exhaust systems are adequate. 2. Any extraction method using inherently hazardous substances must be listed in the operating procedures on file with the department and use an agent of 99 percent or greater purity. 68 June 23, 2021 3. The resulting extract shall not exceed residual limits for the solvent established by the department as part of testing requirements. 4. The following solvents may be used in approved inherently hazardous extraction: (A) Butane; (B) Propane; (C) Acetone; (D) Heptane; or (E) Pentane. 5. Any other inherently hazardous substance shall be approved only upon written application to the Department explaining the safety and efficacy of the selected method. 6. All flammable gas must be odorized in compliance with state and federal regulations. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:07. Edible cannabis products. A cannabis product manufacturing facility that has declared edible cannabis products as part of their operating plan of record must: 1. Obtain a South Dakota food service establishment license, pursuant to SDCL chapter 34-18, covering ongoing activities at the location identified in the operating plan; 2. Employ a Certified Food Service Manager meeting department specifications; 3. Comply with all applicable standards of ARSD 44:02:07, and the city or county in which the establishment is located. 69 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 CHAPTER 44:90:08 CANNABIS DISPENSARIES Section 44:90:08:01 Preventing unauthorized access – Age verification. 44:90:08:02 Preventing unauthorized sales – Training requirements. 44:90:08:01. Preventing unauthorized access – Age verification. 1. No dispensary shall allow entry into areas containing cannabis without first identifying an individual as a cardholder or other person authorized pursuant to ARSD 44:90:04:14. 2. No dispensary shall allow entry to a patient who is under 21 years of age. 3. Acceptable methods of controlling access include: (A) Verification at an external cashier window or ticket window, followed by unlocking an exterior door to admit the individual into the building; (B) Verification at a cashier window or ticket window located in an entryway with a locked interior door that prevents access to any area containing cannabis, followed by unlocking the interior door; and 70 June 23, 2021 (C) Verification by an agent outside a locked exterior or interior door, followed by unlocking the door. 4. Verification shall not take place in any area in which a person may access cannabis without passing through a lockable door. 5. Any website or mobile application developed or hosted by an establishment shall: (A) Include verification that the visitor is 21 years of age or older; (B) Require the cardholder’s or nonresident cardholder’s registry identification number for verification of any online purchases; and (C) Limit online sales to cardholders and nonresident cardholders who previously have made a purchase of cannabis or cannabis products at the dispensary. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:08:02. Preventing unauthorized sales – Training requirements. Before interacting with any cardholder, all employees of a dispensary shall be trained to: 1. Determine the authenticity of registry identification cards, including temporary registry identification cards and nonresident registration credentials; 2. Ensure that the person presenting a temporary or department-issued registry identification card or nonresident registration credential is the authorized cardholder; 71 June 23, 2021 3. Use the verification system, including all options for accessing the system by phone, point- of-sale software, or mobile application; 4. Track the amount of cannabis dispensed for a patient’s use, including consolidating the amounts in sales to the patient and the patient’s caregiver; and 5. Verify that the dispensary has been designated to make sales to the patient or the patient’s designated caregiver. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-70 and 34-20G-71 CHAPTER 44:90:09 SAMPLING AND TESTING 44:90:09:01 Mandatory testing prior to transfer. 44:90:09:02 Creation of batches – Collection of samples. 44:90:09:03 Packaging of samples for testing. 44:90:09:01. Mandatory testing prior to transfer. 1. No cannabis or cannabis products shall be transferred by a cannabis cultivation facility or cannabis product manufacturing facility to a cannabis product manufacturing facility or cannabis dispensary unless: (A) A cannabis testing facility has tested the cannabis or cannabis product and determined it to be in compliance with this article; and 72 June 23, 2021 (B) The cannabis or cannabis product is accompanied by a certificate of analysis issued by the cannabis testing facility. 2. Except samples for testing, any cannabis or cannabis products transferred from a cannabis cultivation facility or a cannabis product manufacturing facility without a certificate of analysis shall be considered non usable. 3. A cannabis product manufacturing facility or cannabis dispensary shall maintain the certificate of analysis for any cannabis or cannabis product for 180 days or until all of the cannabis or cannabis product has been transferred or disposed of, whichever is later. 4. The licensee submitting the cannabis or cannabis product for testing shall pay all fees associated with this testing. Source: __ General Authority: SDCL 34-20G-72(5)(d) and 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9, 34-20G-10, and 34-20G-11 44:90:09:02 Creation of batches -- Collection of samples. 1. A cannabis cultivation facility or cannabis product manufacturing facility must: (A) Divide cannabis or cannabis products into batches as directed by a registered cannabis testing facility; and (B) Assign a unique batch identifier to the cannabis or cannabis product. 2. When cannabis is harvested or trimmed: 73 June 23, 2021 (A) Cannabis flower shall be assigned to a batch containing a single strain from single harvest date; and (B) Cannabis trim may be assigned to a batch containing multiple strains and from multiple trimming dates. 3. A cannabis cultivation facility or cannabis product manufacturing facility must submit for laboratory testing at minimum one sample from of each batch of cannabis or cannabis product or as directed by the cannabis testing facility based on batch size. 4. All collections of samples for testing to be performed by a cannabis testing facility shall be performed by an agent of either the testing facility or the establishment submitting the sample. 5. The collection of samples shall comply in all manner with the testing facility’s standard operating procedures. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:10:03. Packaging of samples for testing. All samples of cannabis, cannabis extracts, or cannabis products shall be transferred to a testing facility in sealed, child-resistant, and tamper-evident containers that are supplied by a testing facility or that meet criteria specified by a testing facility. Source: __ General Authority: SDCL 34-20G-72(5)(k) 74 June 23, 2021 Law Implemented: SDCL 34-20G-11 44:90:10:04. Receipt of results. 1. Upon receipt of a certificate of analysis indicating that cannabis or cannabis products comply with SDCL chapter 34-20G and this article, the cannabis cultivation facility or cannabis product manufacturing facility may transfer the cannabis or cannabis products to another establishment, subject to this article. 2. Upon receipt of a certificate of analysis indicating that cannabis or cannabis products are non usable, the cannabis or cannabis shall not be transferred and may be subject to destruction according to this article. CHAPTER 44:90:10 PACKAGING, LABELING, AND ADVERTISING Section 44:90:10:01 Packaging for transfer or sale - General requirements. 44:90:10:02 Packaging for retail sale – General requirements. 44:90:10:03 Packaging of cannabis flower or trim or inhaled cannabis products for retail sale. 44:90:10:04 Packaging of edible cannabis products for retail sale - Tinctures, oils, and beverages excluded. 44:90:10:05 Packaging of cannabis tinctures and oils for retail sale. 44:90:10:06 Packaging of cannabis beverages for retail sale. 44:90:10:07 Packaging of topical cannabis products for retail sale. 75 June 23, 2021 44:90:10:08 Labeling required. 44:90:10:09 Format of labeling – Font size – Multiple labels. 44:90:10:10 Labeling claims – Results of testing. 44:90:10:11 Expected effects – Time to take effect – Duration of effect. 44:90:10:12 Ingredients – Allergen warnings. 44:90:10:13 Contents – Net weight or volume -- Nutritional information. 44:90:10:14 Required warnings – Indication that edible product contains cannabis – Side effects – Legal status of cannabis. 44:90:10:15 Identifying information – Establishment identification number – Batch -- Dates. 44:90:10:16 Labeling prohibitions. 44:90:10:17 Prohibited forms of advertising. 44:90:10:18 Target audience – Establishments and adult cardholders only – Prohibition on advertising to practitioners. 44:90:10:19 Prohibited content – Advertisements. 44:90:10:20 Required information. 44:90:10:21 Nonconforming advertising. 44:90:10:01. Packaging for transfer or sale -- General requirements. 1. All cannabis or cannabis products must be packaged for transfer or sale in containers that: (A) Are fully enclosable; (B) Are resealable; (C) Protect the packaged item from contamination; and (D) Do not impart any toxic or deleterious substance to the packaged item. 2. A cultivation facility shall package all flower, trim, or pre-rolled cigarettes for retail sale before transfer to a dispensary. 76 June 23, 2021 3. A cannabis product manufacturing facility shall package all cannabis products for retail sale before transfer to a dispensary. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:02. Packaging for retail sale – General requirements. 1. A dispensary must transfer any cannabis, cannabis concentrate, or cannabis products to the patient or caregiver in packaging that is: (A) Child-resistant in compliance with compliant with 16 CFR part 1700 (2020); (B) Tamper-evident, using a sealing method that provides clear, lasting evidence that the packaged has previously been opened; (C) Resealable, except for single-serving cannabis products; and (D) Opaque. 2. Unless otherwise specified by this article, each packaging requirement may be met either by the container provided by the cultivation facility or cannabis product manufacturing facility or by exit packaging supplied by the dispensary at the time of sale. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-8, 34-20G-9, and 34-20G-10 77 June 23, 2021 44:90:10:03. Packaging of cannabis flower or trim or inhaled cannabis products for retail sale. Cannabis flower or trim or an inhaled cannabis product shall be transferred by a dispensary only in a container that is fully enclosed on all sides, as follows: 1. If the container is soft sided, it must be four mil or greater in thickness; or 2. If container has rigid sides, it must have a lid or enclosure that can be placed tightly and securely on the container. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:04. Packaging of edible cannabis products for retail sale -- Tinctures, oils, and beverages excluded. 1. Single-serving edible cannabis products: (A) Shall be placed into a child-resistant container that may or may not be resealable; and (B) May be bundled into a larger marketing layer so long as the total amount of active THC per marketing layer does not exceed 100 milligrams. 2. Multiple-serving edible cannabis products: (A) Shall either be placed into either a resealable container or with individual servings heat- sealed into packaging made of plastic four mil or greater in thickness with no easy-open tab, dimple, corner or flap; (B) Shall contain 100 milligrams or less of total THC per multiple-serving container; and 78 June 23, 2021 (C) Shall clearly indicate the size of a serving if the edible product is not in a form that indicates a serving. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:05. Packaging of cannabis tinctures and oils for retail sale. 1. A cannabis tincture or oil shall be packaged in a glass or plastic vial, either: (A) With a resealable child-resistant cap; or (B) With a resealable cap and enclosed in a child-resistant soft-sided container made of plastic four mil or greater in thickness and heat sealed. 2. The packaging shall include a measuring device such as a measuring cap or dropper. Hash marks on the bottle or package do not qualify as a measuring device. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:06. Packaging of cannabis beverages for retail sale. 1. Single-serving cannabis beverages that do not contain more than 10 milligrams of THC shall be packaged in: (A) A child-resistant container; or (B) A metal can with a stay tab mechanism opening; or (C) A glass bottle with a cork or metal crown style bottle cap. 79 June 23, 2021 2. Multiple-serving cannabis beverages that contain more than 10 milligrams of THC but no more than 100 milligrams of THC shall: (A) Be packaged in a child-resistant container that has a resealing cap or closure; and (B) Include a measuring device such as a measuring cap or dropper; hash marks on the bottle or package do not qualify as a measuring device. 3. Cannabis beverages packaged according to this section may be bundled into a larger marketing layer so long as the total amount of THC per marketing layer does not exceed 100 milligrams. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:07. Packaging of topical cannabis products for retail sale. 1. Salves, creams, lotions and balms shall be packaged in a child-resistant container that has a resealing cap or closure compliant with 16 CFR part 1700 (2020). 2. Transdermal patches shall be packaged in a plastic four mil or greater in thickness to prevent unintended access to and ingestion by children or pets and be heat sealed with no easy-open tab, dimple, corner or flap, as to make it difficult for a child to open. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:08. Labeling required. 80 June 23, 2021 1. All cannabis, cannabis extract, and cannabis products shall be labeled in accordance with this chapter before sale or transfer to the patient or caregiver. (A) Prior to transferring cannabis to a dispensary, a cultivation facility must label the marketing layer of each container. (B) Prior to transferring cannabis products to a dispensary, a cannabis product manufacturing facility must label each the marketing layer of each container. 2. Unless otherwise specified, all required information may be printed directly on, or printed on a sticker attached to the marketing layer of the cannabis, cannabis extract, or cannabis product. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:09. Format of labeling – Font size – Multiple labels. All required information shall be printed clearly in English in type no smaller than 6-point font (1/12 inch). An establishment may affix an extendable, accordion-style, label, layered label, or multiple labels to the marketing layer, provided none of the required information is obstructed and the label can be easily identified by a patient or caregiver as containing important information. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 81 June 23, 2021 44:90:10:10. Labeling claims -- Results of testing. 1. The results of any testing mandated by the department shall be included on the label of any cannabis or cannabis product. 2. No label shall contain claims regarding cannabinoid potency or the absence of microbials, metals, solvents, or pesticides except to list the results of analytical tests performed by a registered cannabis testing facility. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:11. Expected effects – Time to take effect – Duration of effect. 1. The label of any cannabis or cannabis product shall indicate: (A) The length of time, in hours or minutes, that it may take the patient to feel effects; and (B) The length of time the patient should expect the effects to last. 2. The estimated time to take effect and duration of effect shall be based on the best estimate of the establishment printing the label. 3. All edible products, except ethanol-based tinctures, shall additionally contain the following warning: “Effects of this product may not be felt for up to 4 hours.” Source: __ General Authority: SDCL 34-20G-72(7)(a) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:12. Ingredients – Allergen warnings. 82 June 23, 2021 1. The label of any cannabis or cannabis product shall identify any pesticides used in cultivation. 2. The label of any cannabis product shall list all ingredients and, if applicable, gases, solvents, or other chemicals used in extraction. 3. The label of any edible cannabis product shall identify any major allergens contained in the product in accordance with 21 USC section 343 (2021), including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soybeans. Source: __ General Authority: SDCL 34-20G-72(7)(c) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:13. Contents – Net weight or volume -- Nutritional information. 1. The label’s statement of net contents shall identify the net weight or volume of the cannabis, cannabis extract, or cannabis product, expressed: (A) If a solid, in both ounces and grams/milligrams; or (B) If a liquid or colloid, in both fluid ounces and milliliters. 2. The label of any cannabis product shall state the equivalent cannabis weight, calculated according to the equivalent cannabis weight table included in section 44:90:02:10 of this article. 3. The label of any edible cannabis product shall identify the size, expressed in ounces and grams/milligrams, fluid ounces or millimeters, or number of pieces, of a serving providing 10 mg of THC and the number of servings per marketing layer; 83 June 23, 2021 4. The label of vaporizing cartridges, pens, and topical cannabis products shall be expressed in the weight of concentrate used to manufacture the product within the marketing layer in milligrams or grams and ounces. 5. Any edible cannabis product shall be labeled with a nutritional fact panel in accordance with 21 CFR part 101 (2018). Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:14. Required warnings -- Indication that edible product contains cannabis – Side effects – Legal status of cannabis. 1. The department shall design a standard symbol that indicates an item contains cannabis or cannabis extract, which shall be used by all registered establishments. 2. This standard symbol shall appear on the front or most predominantly displayed area of the marketing layer of an edible cannabis product, no smaller than 1/2 inch by 1/2 inch. 3. All cannabis and cannabis products shall carry the following warning statement in no smaller than 6-point font: “For medical use by qualifying patients only. There may be health risks associated with the use of this product. There may be additional health risks associated with the use of this product for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.” Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 84 June 23, 2021 44:90:10:15. Identifying information – Establishment identification number – Batch -- Dates. The container or exit packaging for any cannabis or cannabis product sold by a dispensary shall identify: 1. The registration number of any cultivation facility, cannabis product manufacturing facility, or dispensary involved in the cultivation, processing, or sale of the item; 2. Batch numbers; 3. Cultivation date of cannabis flower or trim; and 4. Production date of cannabis products Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:16. Labeling prohibitions. No label shall: 1. Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a testing laboratory certified in accordance with this article; 2. Make claims regarding health or physical benefits to the consumer; 3. Include any false or misleading statements; 4. Obscure identifying information or warning statements; 5. Use any trademark without authorization; 85 June 23, 2021 6. Depict a human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age; 7. Include the word “candy” or “candies”; or 8. Refer to any item typically marketed to persons under 21 years of age. Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:17. Prohibited forms of advertising. No establishment shall advertise: 1. On a sign or billboard, except that a dispensary may advertise on signs on its own premises; 2. By distributing handbills in public areas or on publicly owned property; 3. Through direct mail, phone, text, or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature; 4. On television or radio; 5. Through a practitioner or health care facility, including placement of advertising material onsite or targeting their patients through direct mail, phone, text, or email. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-33 and 34-20G-78 44:90:10:18. Target audience – Establishments and adult cardholders only – Prohibition on advertising to practitioners. 86 June 23, 2021 1. Advertisements shall be targeted as directly as possible to: (A) Other establishments; (B) Cardholders who are 21 years of age or older; and (C) Readers of medical publications. 2. Advertisements may not target: (A) Non-cardholders, including: (1) Suggesting a medical evaluation; or (2) Interacting with the public at events sponsored by the establishment; (B) Anyone under the age of 21, including: (1) Depicting anyone under 21 years of age; or (2) Using cartoons, toys, or other products or images commonly associated with or marketed to individuals under 21 years of age; or (C) Practitioners or health care facilities, other than advertising in medical publications. 3. Any advertising on websites, social media, or mobile applications shall include: (A) A verification that the recipient is a cardholder 21 years of age or older; and (B) A permanent opt-out feature. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-33, 34-20G-74 and 34-20G-78 44:90:10:19. Prohibited content – Advertisements. No advertisement for a medical cannabis establishment shall: 1. Make deceptive, false or misleading statements; 87 June 23, 2021 2. Make claims related to potency (beyond listing of cannabinoid content verified by a testing facility); 3. Depict consumption of cannabis or cannabis products; 4. Depict pregnancy, breastfeeding, or operating a motorized vehicle, boat or machinery; 5. Depict or refer to candy or a specific type of candy; 6. Use a trademark associated with a non-cannabis product, including parody or other use that has similarity to the original; 7. Encourage the transportation of cannabis across state lines or otherwise encourage illegal activity; 8. Assert that cannabis is safe because it is regulated by the department, tested by a testing facility, or otherwise endorsed by any government agency; 9. Make claims that cannabis has curative or therapeutic effects; 10. Claim any health or physical benefits; or 11. Encourage excessive or rapid consumption. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-7 44:90:10:20. Required information. Any advertisement shall contain the following information: 1. A statement “For medical use by qualifying patients only”; and 2. The medical cannabis establishment identification number. Source: __ 88 June 23, 2021 General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-7 44:90:10:21. Nonconforming advertising. 1. Any nonconforming advertising shall be considered a violation of this article and SDCL chapter 34-20G. 2. Upon notification by the department, the establishment shall cease the nonconforming advertisements and remove any nonconforming advertising from websites, social media, mobile applications, or signs. 3. Failure to cease or remove the advertising within 48 hours shall be considered a serious and knowing violation of this article and SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-80 CHAPTER 44:90:11 RECORDKEEPING Section 44:90:11:01 Inventory tracking system – Required use. 44:90:11:02 Retention of records – Electronic and paper – Amended records. 44:90:11:03 Daily inventory record. 44:90:11:04 Daily transfer record. 44:90:11:05 Daily testing sample record. 89 June 23, 2021 44:90:11:06 Cultivation facility inventory records – Additional requirements. 44:90:11:07 Cannabis product manufacturing facility inventory records – Additional requirements. 44:90:11:08 Testing facility inventory records – Additional requirements. 44:90:11:09 Dispensary inventory records – Additional requirements. 44:90:11:10 Daily transaction record. 44:90:11:11 Department access to and use of establishment records. 44:90:11:01. Inventory tracking system – Required use. Establishments are required to use an electronic inventory tracking system prescribed by the department to create all required inventory records, transfer records, testing sample records, and transaction records. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:02. Retention of records -- Electronic and paper – Amended records. 1. A cannabis establishment must maintain, for a minimum of 18 months, records to enable the department to identify and prevent diversion of cannabis and to protect patients from unsafe cannabis and cannabis products, including: (A) All point of sale records, whether in electronic or paper form; (B) Transport manifests; and (C) Daily inventory records, transfer records, testing sample records, and transaction records. 2. No inventory record, transfer record, testing sample record, or transaction record shall be altered after the date on which it was created. 90 June 23, 2021 3. If necessary, an amended inventory record, transfer record, testing sample record, or transaction record may be created, but the original record shall be subject to record retention requirements. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:03. Daily inventory record. 1. A cannabis establishment must maintain and update by midnight each day of operation, an electronic record of the establishment’s inventory of cannabis, including seeds, seedlings, plants, extracts, products, and waste. 2. The inventory record shall use the following units of measure: (A) Seeds, seedlings, and plants shall be quantified in whole numbers; (B) Quantities of cannabis flower, trim, extracts, or pre-rolled cannabis cigarettes shall be expressed in grams and ounces; (C) Quantities of edible cannabis products shall be expressed in whole numbers of servings, each providing 10 mg of THC; (D) Quantities of vaporizing cartridges, pens, and transdermal patches shall be expressed in the number of marketing layers and the net weight of concentrate per marketing layer in milligrams. (E) Quantities of topical cannabis products other than transdermal patches shall be expressed in the number of marketing layers and the net volume of the topical product in fluid ounces. 91 June 23, 2021 3. The inventory record shall reflect: (A) The destruction of cannabis or disposal of cannabis waste; (B) Theft or other loss; and (C) Data from the transfer record. 4. The inventory record shall be maintained securely and shall not identify any cardholder other than by the cardholder’s identification number. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:04. Daily transfer record. 1. A cannabis establishment must maintain and update by midnight, an electronic record of all cannabis, including any seeds, plants, extracts, or products, obtained from a cardholder or another establishment, and all cannabis transferred to another establishment. 2. The transfer record shall use the same units of measure as the inventory record. 3. The transfer record shall reflect all transport manifests. 4. The transfer record shall be maintained securely and shall not identify any cardholder except by the cardholder’s identification number. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:05. Daily testing sample record. 92 June 23, 2021 1. A cannabis establishment must maintain and update by midnight, an electronic testing sample record, including: (A) The batch identifier and quantity of each batch from which samples were drawn; (B) The sample identifier of each sample created, its quantity, and the batch identifier associated with the sample; (C) The tests to be performed; and (D) Test results, including a note of whether the testing facility has indicated the batch is safe or unsafe for transfer to another establishment. 2. The quantity of each batch and each sample shall be expressed in the same units as the inventory record. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:06. Cultivation facility inventory records – Additional requirements. 1. The inventory record of a cultivation facility shall include a unique identifier for each seedling or plant greater than 12 inches in height, which shall also be printed on a tag or label affixed to the growing container or a tag around the plant’s stalk. 2. The inventory record shall be updated each time: (A) A seedling exceeds its size limit and is considered a plant; (B) A plant flowers for the first time; (C) A plant is trimmed or harvested; (D) A testing batch is created; or 93 June 23, 2021 (E) Cannabis is packaged for retail sale. 3. The record for a testing batch must indicate the unique identifier for each plant used to produce the batch. 4. The record for cannabis packaged and labeled for transfer to a dispensary shall include the number of marketing layers and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:07. Cannabis product manufacturing facility inventory records – Additional requirements. 1. The inventory record of a cannabis product manufacturing facility shall include the batch identification number of each testing batch of cannabis obtained from a cultivation facility. 2. The inventory record shall be updated each time: (A) A quantity of extract or concentrated cannabis is made from cannabis flower or trim; (B) A quantity of cannabis product is made from concentrated cannabis, cannabis extract, flower, or trim; or (C) A quantity of cannabis product is packaged for retail sale. 3. Any extract must be assigned to a testing batch, which shall: (A) Consist only of extract produced on a single day using the same extraction method; and (B) Be entered into the inventory record with the identifier of any testing batch of cannabis from which it was produced. 94 June 23, 2021 4. Any cannabis product must be assigned to a testing batch, which shall: (A) Consist only of a single type of product produced on a single day; and (B) Be entered into the inventory record with the identifier or any testing batch of cannabis or cannabis extract from which it was produced. 5. The record for cannabis extracts or products packaged and labeled for transfer to a dispensary shall include the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:08. Testing facility inventory records – Additional requirements. 1. A testing facility shall maintain and update by midnight each day of operation, an inventory record of: (A) All samples in its possession, with unique identifiers and quantities expressed in units specified in its operating procedures; and (B) All other cannabis, cannabis extracts, and cannabis products acquired for training or reference purposes; 2. The inventory record shall reflect: (A) The quantity of each sample rendered unusable by testing; (B) The quantity of each sample returned to the establishment; (C) The quantity of each sample destroyed or disposed of; and 95 June 23, 2021 (D) The quantity of any sample lost, stolen, or otherwise unaccounted for. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:09. Dispensary inventory records – Additional requirements. 1. The inventory record of a dispensary shall include all cannabis, cannabis extracts, and cannabis products, including the type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. 2. The inventory record shall be updated each day of operation to reflect: (A) Any cannabis, cannabis extracts, or cannabis products received from another establishment; (B) Sales to qualifying cardholders, which shall include the cardholder’s identification number; (C) Returns of merchandise from cardholders, whether to be resold, returned to another establishment, or destroyed; (D) Transfers to another establishment, including returns; and (E) Destruction of cannabis. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 96 June 23, 2021 44:90:11:10. Daily transaction record. 1. A dispensary shall maintain and shall update by midnight each day of operation, a transaction record, which shall include: (A) The type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement, for each sale or return; and (B) The cardholder identification number associated with each quantity. 2. The transaction record shall contain no other identifying information relating to a cardholder. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-71 44:90:11:11. Department access to and use of establishment records. 1. The department’s agents: (A) Shall have access to all records, including transport manifests during an inspection of an establishment or vehicle, or in response to a written or telephone inquiry. (B) May compare inventory onsite or in delivery vehicles to the establishment’s inventory records. (C) May compare transport manifests or observed deliveries to the establishment’s transfer records. 2. Upon the discovery of any inconsistencies in the establishment’s record-keeping, the department shall: 97 June 23, 2021 (A) Make a determination of whether the inconsistences are knowing or negligent; (B) Inform the establishment in writing of its findings; (C) If applicable, initiate suspension or revocation proceedings; and (D) If applicable, refer possible criminal violations to state and local law enforcement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and SDCL 34-20G-88 CHAPTER 44:90:12 ENFORCEMENT Section 44:90:12:01 Department inspection of establishments – Corrective action plan. 44:90:12:02 Suspension or revocation of registration certificates for serious violations. 44:90:12:03 Suspension or revocation of a registration certificate for multiple violations. 44:90:12:04 Voluntary surrender of registration certificate. 44:90:12:05 Revocation of registry identification card for unauthorized sale. 44:90:12:06 Revocation of registry identification card for serious or multiple violations. 44:90:12:01. Department inspection of establishments – Corrective action plan. 1. Agents of the department may conduct routine, unannounced inspections and inspections in response to complaints. 98 June 23, 2021 2. Agents of the department: (A) Must present identification before commencing an inspection of an establishment; (B) Shall have complete and unrestricted access to establishments during business hours or when establishment agents are present for the purposes of inspections, sample collection, testing, interviews, or other investigations; (C) May collect samples of cannabis and cannabis products and perform analytical tests on those samples or submit them to a cannabis testing facility for testing; (D) May inspect the contents of any vehicle used by an establishment to transport cannabis, cannabis extracts, or cannabis products, examine the manifest; and (E) Shall have access to inventory records and certificates of analysis maintained by the establishment, including collecting paper or electronic copies for further review. 3. The department shall provide an establishment the results of any analytical tests performed on samples taken from the establishment and shall inform the establishment whether the cannabis or cannabis products from which the samples were taken are non usable; 4. Upon the discovery of suspected violations of this article or SDCL chapter 34-20G, agents of the department may order the establishment to comply with a corrective action plan, which may include: (A) Modifying operating procedures to comply with this article and SDCL chapter 34-20G; (B) Halting transfer of cannabis or cannabis products that are mislabeled or otherwise pose a threat to public health; and (C) Destroying or remediating cannabis or cannabis products that pose a threat to public health. Source: __ General Authority: SDCL 34-20G-72(6) 99 June 23, 2021 Law Implemented: SDCL 34-20G-69 44:90:12:02. Suspension or revocation of registration certificates for serious violations. 1. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate for any knowing violation of this article or SDCL chapter 34-20G that involves dishonesty, diversion, or threat to public health or safety, including knowingly: (A) Selling or otherwise transferring cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent; (B) Making a false statement to a law enforcement official; (C) Sharing confidential information about a cardholder for monetary gain or to cause harm to the cardholder; (D) Submitting false records or documentation required by the department to certify a medical cannabis establishment; (E) Failing to meet obligations or conditions agreed to in the application for a registration certificate; (F) Dispensing, transferring, or selling cannabis while a registration certificate is suspended; (G) Obtaining cannabis seeds, cannabis seedlings, cannabis plants, cannabis, cannabis extract, or cannabis products in violation of this article or SDCL chapter 34-20G; (H) Failing to enter cannabis seedlings, cannabis plants, cannabis, cannabis extracts, or cannabis products into the establishment’s inventory records; (I) Applying pesticides to cannabis plants without following all requirements of this article; 100 June 23, 2021 (J) Using solvents without authorization or in an unsafe manner; (K) Misrepresenting the results of laboratory analysis (L) Transferring non usable cannabis or cannabis products; or (M) Committing any misdemeanor or felony offense in connection with the operation of a medical cannabis establishment. 2. Upon the discovery of violations that pose an ongoing threat to public health, safety, or welfare, the department may initiate emergency suspension proceedings pursuant to SDCL 1- 26-29. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:03. Suspension or revocation of a registration certificate for multiple violations. 1. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate upon finding that the establishment has committed multiple violations of this article or SDCL chapter 34-20G, including: (A) Serious violations of this article or SDCL chapter 34-20G; (B) Negligent violations of this article or SDCL chapter 34-20G; (C) Deviation from operating procedures in a manner that poses a threat to public safety or health, including the availability of cannabis, cannabis extract, or cannabis products to qualifying patients, including low-income qualifying patients; (D) Sharing a cardholder’s personal information; 101 June 23, 2021 (E) Minor or technical violations of this article that did not result in diversion of cannabis or harm to public health or safety; (F) Violations of local ordinances governing the time, place, and manner of a medical cannabis establishment that may operate in the locality; (G) Failure to allow agents of the department or any law enforcement agency access to an establishment during normal business hours; or (H) Failure to provide a notice required by this article or SDCL chapter 34-20G. (1) Upon the discovery of violations that pose an ongoing threat to public health, safety, or welfare, the department may initiate emergency suspension proceedings pursuant to SDCL 1-26-29. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:04. Voluntary surrender of registration certificate. An establishment may offer to voluntarily surrender its registration certificate, cease operations, and may not renew or transfer the registration certificate. In such cases, the department has the discretion: 1. To reject voluntary surrender; 2. To accept the voluntary surrender without conditions; or 3. To negotiate conditions of a voluntary surrender, including the amount of time before which the establishment or any principal officer or board member may apply for a registration certificate. 102 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:05. Revocation of registry identification card for unauthorized sale. Upon a finding that a cardholder has sold cannabis to any person who is not authorized to possess cannabis for medical purposes, the department shall initiate emergency suspension proceedings pursuant to SDCL 1-26-29 and notify the cardholder in writing of the revocation of the registry identification card, along with notice of the right to appeal. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-83 44:90:12:06. Revocation of registry identification card for serious or multiple violations. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-84 revoke a registry identification card upon finding that the cardholder has committed serious or multiple violations of SDCL chapter 34-20G, including: 1. Transferring cannabis to any person who is not authorized to possess cannabis for medical purposes; 2. Submitting false information to the department; 3. Making false statements to a law enforcement officer; 4. Allowing unauthorized use of a registry identification card; 103 June 23, 2021 5. Accepting remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2); or 6. Cultivating cannabis in violation of SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-84 CHAPTER 44:90:13 PETITIONS TO RECOGNIZE DEBILITATING MEDICAL CONDIITIONS Section 44:90:13:01 Petitions – Required forms. 44:90:13:02 Department’s decision. 44:90:13:01. Petitions – Required forms. A petition to the secretary to add a medical condition to the list of debilitating medical conditions for which a practitioner may recommend the medical use of cannabis must be submitted on forms provided by the department. The petition must include: 1. The name and address of the South Dakota resident filing the petition; 2. A clear description of the specific medical condition, defined as narrowly as possible, including any International Classification of Diseases, Tenth Revision (ICD-10) code applicable to the condition; 104 June 23, 2021 3. The diagnostic criteria for determining whether cannabis is appropriate for a patient with the medical condition; and 4. A detailed summary, with citations, of peer-reviewed research that treatment with cannabis produces superior treatment outcomes or fewer side effects, compared to currently available medications or other interventions; 5. Letters of support from two physicians currently licensed pursuant to SDCL chapter 36-4; and 6. Complete copies of any research cited in the petition. Source: _ General Authority: SDCL 34-20G-72(1) Law Implemented: SDCL 1-26-13 and 34-20G-26 Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/ 44:90:13:02. Department’s decision. The secretary’s written decision to approve or deny a petition shall be issued within 180 days of submission and shall include the factors supporting the decision, including whether the written petition, public testimony, written comments, peer-reviewed research, and consultation with practitioners support the following conclusions: 1. The proposed medical condition is recognized by the medical profession as a serious and chronic medical condition; 105 June 23, 2021 2. Treatments currently available for the proposed condition are either ineffective or produce harmful side effects; and 3. Medical use of cannabis will provide therapeutic or palliative benefits that outweigh the risks of cannabis use. Source: _ General Authority: SDCL 34-20G-72(1) Law Implemented: SDCL 34-20G-26 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-028,Version:1 Introduction and First Reading on Ordinance 21-028, an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries in the City of Brookings. Second Reading: August 10, 2021. Summary: Request First Reading of an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries in the City of Brookings. Recommendation: Staff recommends approval. Attachments: Memo Ordinance SDCL 34-20G Medical Cannabis Rules City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Steve Britzman, City Attorney Council Meeting: July 27, 2021 / August 10, 2021 Subject: Medical Cannabis Dispensary Licensing Ordinance/First Reading Person Responsible: Steve Britzman, City Attorney Summary: Request First Reading of an Ordinance Establishing Procedures for the Licensing of Medical Cannabis Dispensaries in the City of Brookings. Background: This Agenda item for the City Council is a proposed Ordinance which establishes the licensing procedures for medical cannabis dispensaries in the City of Brookings. Initiated Measure 26 (IM 26) is the name of the voter-initiated measure which authorized medical cannabis in South Dakota. It was approved by the voters and is effective as of July 1st. While there are 95 statutes which make up IM 26, there are probably 10 or fewer which relate to the role of a city in the licensing of medical cannabis. These 10 statutes are important because IM 26 provides that the Department of Health ultimately determines who receives a Registration Certificate to operate a medical cannabis dispensary following a lengthy submission by the applicant, and one of the decision criteria for the selection of the successful dispensary is the input the Department of Health receives from a city which has established a licensing procedure. Without a municipal licensing procedure, the State will not have a mechanism to obtain the input from the city as to the city’s preference for the successful dispensary. Therefore, it is important to license dispensaries, in part, so the city has the requisite information about the proposed medical cannabis dispensary so that appropriate input can be provided to the South Dakota Department of Health. IM 26 only addresses medical cannabis, and this ordinance does not in any way address or license recreational cannabis. Also, IM 26 provides that “no local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction.” Therefore, at least one dispensary would be required. Discussion: A medical cannabis dispensary is defined by IM 26 as “an entity registered with the department [of Health] pursuant to [Chapter 34-20G] that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders.” One might envision a medical cannabis dispensary as a pharmacy-like facility, though in Colorado, most medical cannabis dispensaries converted to recreational cannabis sal es when recreational cannabis was legalized, based on information provided by our consultant Bill Efting. Medical cannabis may only be sold to cardholders who have been issued valid registry identification cards by the Department of Health. A cardholder may be a qualifying patient or a designated caregiver of a qualifying patient. The Department of Health is required to issue valid registry cards to qualifying patients by November 18, 2021, and issue rules pertaining to medical cannabis by October 29, 2021. Draft rules have been published and were used to draft the accompanying medical cannabis dispensary licensing ordinance. A copy of the draft rules accompanies this Memo. The draft rules provide at Section 44:90:03:02 the operating procedures for all medical cannabis establishments. Medical cannabis establishments include 4 types: 1. Cannabis cultivation facilities; 2. Cannabis testing facilities; 3. Cannabis product manufacturing facilities; 4. Dispensaries. The proposed medical cannabis dispensary licensing ordinance only addresses dispensaries, with the other facilities to be the subject of a separate proposed licensing ordinance. It is important to note that when the South Dakota Department of Health (the “Department”) evaluates an application from a party who desires to operate a dispensary in Brookings, the Administrative Rules will require of the Applicant, the following: 1. A management plan identifying the individuals who will be in charge of day-to- day operations; 2. A site plan which in part provides sufficient detail for the Department to determine that the establishment is completely self-contained and does not have any access to any other cannabis establishment or other business; 3. Operating Days and hours; 4. A workplace safety plan covering state and f ederal workplace safety requirements; 5. Plans for compliance with all applicable safety standards contained in local ordinance; 6. A security plan indicating all doors, windows, gates, exterior lights, alarm sensors, cameras and how alarms and cameras will be monitored; 7. Any additional steps to ensure the safety of patrons and the community; 8. Plans for preventing the diversion of cannabis to non-cardholders; 9. Pre-employment screening procedures, including criminal background check; and 10. Processes for limiting access by unauthorized persons, including verification of identity for all vendors and contractors, issuance of a visitor badge, and closely monitoring all visitors. Finally, IM 26 provides the following: “If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration”. SDCL 34-20G-56 Accordingly, with a licensing ordinance in place in Brookings and the number of dispensaries limited to the number the City Council sets by separate ordinance, the City will have the data and information to respond to the Department of Health should there be more Medical Cannabis Dispensary Applicants than the number the City Council establishes for the City of Brookings. Financial Consideration: IM 26 only permits fees which are reasonable. The State charges $5000 for a medical cannabis Registration Certificate, and the Department of Health has a comprehensive document submission process which likely justifies this fee. The City typically sets all fees by Resolution, so there are not intended to be any fees set by this proposed Ordinance, and therefore I believe licensing medical cannabis dispensaries will have nominal financial impacts. We do intend to propose reasonable fees be a separate resolution to cover the costs of administering medical cannabis dispensaries, and fines for violations of the licensing ordinance. Options and Recommendation: The City Council has the following options: 1. Discuss and set the matter for a 2nd Reading; 2. Schedule a Study Session if deemed necessary; 3. Set the second reading for later in August to allow for more time to review. Supporting Documentation: Memo Ordinance SDCL 34-20G Medical Cannabis Rules 1 ORDINANCE 21-028 AN ORDINANCE ESTABLISHING PROCEDURES FOR THE LICENSING OF MEDICAL CANNABIS DISPENSARIES IN THE CITY OF BROOKINGS, SD BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AS FOLLOWS: MEDICAL CANNABIS DISPENSARIES ORDINANCE TABLE OF CONTENTS Page Section 1. Purpose and intent. 3 Section 2. Definitions. 3 a. Advertise, advertising or advertisement 3 b. Applicant 4 c. Cannabis products 4 d. Cardholder 4 e. Disqualifying felony offense 4 f. Initial application 4 g. License 4 h. Licensed premises 4 i. Licensee 4 j. Local licensing authority 4 k. Medical cannabis or cannabis 5 l. Medical cannabis code 5 m. Medical cannabis dispensary or dispensary 5 n. Medical cannabis establishment 5 o. Registry identification card 5 Section 3. Other laws/administrative rules. 5 Section 4. Authority. 6 Section 5. Medical cannabis license required. 6 Section 6. Term of license; renewal. 7 Section 7. License transfers 7 Section 8. License application. 7 Section 9. Application fee. 8 2 MEDICAL CANNABIS DISPENSARIES ORDINANCE TABLE OF CONTENTS (Cont.) Page Section 10. Annual license fee. 8 Section 11. Additional permits and licenses. 8 Section 12. Application review process. 8 Section 13. Inspections. 9 Section 14. Effect of City’s issuance of a medical cannabis dispensary 10 license. Section 15. Annual license fee non-refundable. 10 Section 16. Requirements of medical cannabis licensees. 10 Section 17. Facility standards for medical cannabis dispensaries. 11 Section 18. Medical cannabis dispensary rules of operation. 12 Section 19. License revocation and penalties. 13 Section 20. No City liability; indemnification; no defense. 13 Section 21. Signage and advertising. 14 Section 22. Compliance with other applicable laws and rules. 14 Section 23. Suspension or revocation of license; imposition of fines. 14 Section 24. License renewals; expiration of license. 15 Section 25. Change of location. 16 Section 26. Penalties. 17 3 I. Section 1. Purpose and intent. The purpose of this ordinance is to implement medical cannabis licensing requirements in a manner consistent with SDCL Chapter 34-20G and Article 44:90 of the South Dakota Administrative Rules, to protect the health, safety and welfare of the public and qualifying patients by prescribing the manner in which medical cannabis dispensaries can be conducted within the City. Further, the purpose and intent of this ordinance is to: a. Protect public health and safety through reasonable regulation of medical cannabis dispensaries as they relate to neighborhoods, patient safety, security for medical cannabis dispensaries and their personnel, and other health and safety concerns. b. Impose fees to cover the direct and indirect costs to the City of licensing and regulating medical cannabis dispensaries. Nothing in this ordinance is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable law. Section 2. Definitions. The following words and phrases, when used in this ordinance, shall have the meanings provided in this ordinance. In addition to the definitions contained in this ordinance, other terms used in this ordinance shall have the meanings provided in South Dakota Codified Law Title 34, Chapter 20G, Section 1, SDCL § 22-42-1 (Controlled Substances and Marijuana, Definitions), and Article 44:90 of the South Dakota Administrative Rules , and such definitions are hereby incorporated into this ordinance by reference. Advertise, advertising or advertisement means the act of drawing the public's attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a medical cannabis dispensary in order to promote the sale of medical cannabis by the dispensary. Applicant shall mean any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this ordinance. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Cannabis products shall mean any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures. Cardholder shall mean any person who has been issued and possesses a valid registry identification card pursuant SDCL Chapter 34-20G. Disqualifying felony offense shall mean a crime that was classified as a felony in the jurisdiction where the person was convicted. Initial application shall mean the first application filed for a dispensary. License shall mean to grant a license pursuant to this ordinance. Licensed premises shall mean the premises specified in an application for a license pursuant to this ordinance that is owned by or in possession of the licensee and within which the licensee is authorized to distribute or sell Medical Cannabis in accordance with the provisions of South Dakota Codified Law Chapter 34-20G. Licensee shall mean any person or business entity that has been issued and holds a valid, current license pursuant to this ordinance. If the licensee is an entity and not 4 a natural person, licensee shall include all persons who are the members, managers, officers, directors and shareholders of such entity. Local licensing authority shall mean the City of Brookings. Medical cannabis or cannabis shall mean cannabis as defined in Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis code shall mean SDCL Chapter 34-20G, as the same may be hereafter amended, and any other rules or regulations promulgated thereunder, including Article 44:90 of the Administrative Rules of South Dakota and as used in SDCL Chapter 34-20G. Medical cannabis dispensary or dispensary shall mean the entity registered with the South Dakota Department of Health pursuant to SDCL Chapter 34-20G and licensed by the City pursuant to this ordinance that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders. Medical cannabis dispensary does not include a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a recreational cannabis dispensary. Medical cannabis establishment shall mean a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary as those terms are defined in SDCL§ 34-20G-1. Registry identification card shall mean a document issued by South Dakota Department of Health that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-20G-29 to 34-20G-42, inclusive. Section 3. Other laws/administrative rules. If the State of South Dakota adopts any stricter regulation governing a medical cannabis dispensary than that set forth in this ordinance, the stricter regulation shall control the establishment or operation of any medical cannabis dispensary in the City. The Administrative Rules of South Dakota set forth in Article 44:90 and pertaining to medical cannabis are incorporated by reference and are made a part hereof. A licensee shall be required to demonstrate, upon demand by the City, or by law enforcement officers, that the source and quantity of any cannabis located upon the licensed premises are in full compliance with the applicable laws of the State and City. If the State prohibits the sale or other distribution of medical cannabis in any respect, any license issued under this Section shall be deemed immediately revoked by operation of law. The issuance of any license pursuant t o this ordinance shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana. Section 4. Authority. The City Council shall have the authority pursuant to the SDCL Chapter 34-20G and this ordinance to grant or deny licenses. Authorized representatives of the City of Brookings shall have the authority to inspect the premises of a medical cannabis dispensary to confirm compliance with all licensing requirements. Section 5. Medical cannabis license required. It shall be unlawful for any person to operate a medical cannabis dispensary within the jurisdictional limits of the City without first having 5 obtained a medical cannabis dispensary license to operate pursuant to the provisions of this ordinance, having a validly issued medical cannabis dispensary registration certificate in good standing from the State, and having paid all applicable fees. Such license and registration certificate shall be kept current at all times, and failure by a licensee to maintain a current medical cannabis dispensary license shall constitute a violation of this ordinance. Section 6. Term of license; renewal. Each medical cannabis dispensary license issued by the City shall be effective upon issuance, however a Certificate of Registration issued by the State of South Dakota shall be required before a licensee may conduct business as a medical cannabis dispensary in the City. Each medical cannabis license shall terminate on the last day of December of the year issued. Renewal applications shall be filed at least 30 days prior to the expiration date of the existing license. Section 7. License transfers. An application for the transfer of a medical cannabis license to a different physical location or to another person or business entity shall include all information required by the South Dakota Administrative Rules under Administrative Rule 44:90:03:01 . Section 8. License application. An application for a medical cannabis dispensary license or to renew a license previously issued under this ordinance shall be submitted to the City on forms provided by the City Clerk for such purposes: a. The name, address, and date of birth of each owner, shareholder, LLC member, partner and manager, principal officer, and board members of the proposed medical cannabis dispensary; b. Documentation reflecting the applicant’s right to possess the proposed licensed premises for the proposed use; c. A site plan reflecting the boundaries of the proposed licensed premises; d. A description of safety and security measures reflecting compliance with the City and State’s operating requirements as required by the Administrative Rule 44:90:03:02; and e. Any other additional information requested by the City Council deemed necessary for the City to evaluate the application. The City will not issue a medical cannabis dispensary license until all information required of the applicant has been submitted, and the applicant: a. Has submitted a complete application; b. Is prepared to operate the dispensary with the owners and managers as set forth in the application, all in compliance with this ordinance and any other applicable law, rule or regulation; and c. Has paid all fees. Section 9. Application fee. At the time an applicant files an application for a medical cannabis dispensary license, the applicant shall pay a non-refundable application fee to the City in an amount established by resolution of the City to defray the costs incurred by the City for processing the application. 6 Section 10. Annual license fee. Within thirty (30) days of receiving a medical cannabis dispensary registration certificate from the State of South Dakota pursuant to SDCL Chap. 34- 20G, the licensee shall pay to the City an annual license fee in an amount established by resolution of the City. The annual license fee is in addition to the initial application fee required pursuant to Section 9. The annual license fee shall be paid on the basis of a calendar year regardless of the date of license issuance, and no proration or discount shall be given. Section 11. Additional permits and licenses. A license issued pursuant to this ordinance is in addition to and does not eliminate the need for the licensee to obtain any zoning-related permits or building permits required by the Brookings Code of Ordinances. Section 12. Application review process. a. Upon receipt of a complete application, the City Manager or their representative shall review the application to determine whether the application is in compliance with the City’s ordinances. No license will be approved until the City Manager or their representative has conducted an inspection of the proposed premises to determine compliance of the proposed medical cannabis dispensary with all applicable requirements of this ordinance, and with the plans and application submittals. The City Manager or their representative shall reject any application that does not meet the requirements of this ordinance or that contains any false, misleading or incomplete information. b. Within thirty (30) days after the completion of the review of the application, the City Council shall approve or deny the license application provided the City Manager or their representative has determined that all requirements for a medical cannabis dispensary license have been satisfied. The City Clerk or their representative shall provide the reason(s) for denial of the license by first class mail to the applicant at the address provided in the application. c. If approved, the City Clerk or their representative shall issue to the applicant a cannabis license, which shall include the date of issuance, the term of the license, the name of the licensee and the physical address of the licensed premises. Section 13. Inspections. During the review of the medical cannabis dispensary license application, and at all reasonable times after a medical cannabis dis pensary license is issued, the City Manager or their representative may make any reasonable inquiries and inspections at reasonable times of the medical cannabis dispensary to determine if the premises meets or continues to meet the requirements of City ordinances and State statutes. It shall be a violation of this ordinance and grounds for revocation of any license issued hereunder for a licensee to fail to provide supplemental information or refuse inspections by the City Manager or their representative. Section 14. Effect of City’s issuance of a medical cannabis dispensary license. If approved, the City’s issuance of a license shall be subject to automatic termination if: a. The licensee does not receive or fails to qualify for the State registration certificate required under SDCL Chapter 34-20G; or b. The licensee fails to pay the annual license fee to the City within thirty (30) days of the issuance of the State registration certificate in accordance with this ordinance. 7 No licensee may engage in the sale of cannabis products unless the licensee holds a current State registration certificate and a City of Brookings medical cannabis dispensary license. Section 15. Annual license fee non-refundable. If a license is revoked pursuant to the provisions of this ordinance, the annual license fee shall not be refunded. Section 16. Requirements of medical cannabis licensees. A medical cannabis dispensary licensee is subject to the following requirements: a. A licensee shall be prohibited from employing any employee under twenty-one (21) years of age; b. In accordance with SDCL § 34-20G-67, a medical cannabis dispensary shall not share office space with or refer a patient to a practitioner; c. In accordance with SDCL § 34-20G-68, a medical cannabis dispensary shall not permit any person to consume cannabis upon the property of the licensed premises; d. A licensed premises may only be located within a zoning district which permits a medical cannabis dispensary as a permitted use; e. The licensed premises shall be located no less than one thousand feet (1,000') of a public or private school existing before the date of the medical cannabis dispensary application and no less than three hundred feet (300') from the nearest property line of any religious institution, detention facility, or any other facility identified in this ordinance or in State law that requires a distance separation from a licensed medical cannabis dispensary. No cannabis dispensary shall operate within three hundred feet (300') of another cannabis dispensary. Distances shall be measured from the closest point of the property lines including public rights of way; f. The licensed premises shall not be located within any building containing a dwelling unit, a pediatrician’s office, hotel, motel or lodging facility; Section 17. Facility standards for medical cannabis dispensaries. The medical cannabis dispensary shall be maintained in accordance with the following facility standards: a. It shall be unlawful to operate a medical cannabis dispensary outside of an enclosed building which is capable of being locked. All medical cannabis dispensary licenses shall be issued for a specific fixed location within an enclosed building. b. The facility shall have locked display cases only accessible to staff during business hours. The facility shall have a locked vault or storage cage in which all cannabis and cannabis products shall be stored during hours the dispensary is closed. c. The facility shall conform to the prevailing building and fire codes adopted by the City of Brookings. d. All exterior entrances and exits and all parking areas shall be lighted at all times after dark. e. Security cameras which comply with the South Dakota Administrative Rules for Medical Cannabis Dispensaries are required. The camera system shall securely store camera footage for no less than thirty (30) days. f. The facility shall have a functional commercial alarm system triggered by the press of a button, by the breaking of glass, and by forcing open a locked door. 8 Section 18. Medical cannabis dispensary rules of operation. Each dispensary shall be operated only in accordance with the following rules: a. The medical cannabis dispensary shall be operated and maintained in accordance with Administrative Rule 44:90:03:02, which provides the operating procedures for all medical cannabis establishment a pplication submittals filed with the South Dakota Department of Health. b. Each dispensary shall be operated and maintained in accordance with the dispensary requirements and facility standards set forth in this ordinance and all other applicable City ordinances, State laws and State administrative rules concerning medical cannabis. c. No person shall be allowed entry into the dispensary without showing a valid picture identification. d. A medical cannabis dispensary shall be ventilated so that the odor of cannabis or cannabis products cannot be detected by a person with a normal sense of smell outside the medical cannabis dispensary or on any adjoining property. e. All sales of medical cannabis shall be made in person, directly to the purchaser, within the medical cannabis dispensary. Sales shall occur only in person to the purchaser at the time of purchase within the medical cannabis dispensary. No drive up windows or other similar delivery process shall be allowed. f. No medical cannabis dispensary shall distribute or allow the distribution of any medical cannabis without charge within a medical cannabis dispensary or at any other place for purposes of promotion, advertising or any other purpose. Section 19. License revocation and penalties. a. Any medical cannabis dispensary license may be revoked or suspended in accordance with this ordinance. b. Any person operating a dispensary without a license is subject to a civil fine of up to two hundred dollars ($200.00). Each day a dispensary is operated without a license shall constitute a separate offense. c. Operating a dispensary without a license shall be deemed a public nuisance and subject to abatement as a public nuisance. Such nuisance may be abated in any manner permitted by ordinance or other applicable law, including, but not limited to an action for injunctive relief. d. A medical cannabis dispensary license is subject to suspension if a licensee or any of its employees or agents has been convicted of selling a cannabis product to any person under the age of twenty-one (21). Section 20. No City liability; indemnification; no defense. a. By accepting a license issued pursuant to this ordinance, the licensee waives any claim concerning, and releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers of the licensee for a violation of State or federal laws, rules or regulations. b. By accepting a license issued pursuant to this ordinance, all licensees, jointly and severally if more than one, agree to indemnify, defend and hold harmless the City, its officers, elected officials, employees, attorneys, agents, insurers and self -insurance pool against all liability, claims and demands on account of any injury, loss or damage, 9 including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical cannabis dispensary that is the subject of the license. All owners of a medical cannabis dispensary shall sign the license application forms and indemnification and waiver and release forms. c. The issuance of a license pursuant to this section shall not be deemed to create an exception, defense or immunity for any person in regard to any potential criminal liability the person may have under State or federal law for the cultivation, possession, sale, distribution or use of marijuana. Section 21. Signage and advertising. All exterior signage associated with a medical cannabis dispensary must comply with the zoning ordinances of the City and the Administrative Rules of South Dakota. Section 22. Compliance with other applicable laws and rules. Except as may be otherwise provided in this ordinance, any law or regulation adopted by the State governing the cultivation, production, possession, or distribution of medical cannabis use shall also apply to medical cannabis dispensaries licensed within the City. Accordingly, the South Dakota Administrative Rules set forth in Article 44:90 are incorporated in this ordinance by reference. Section 23. Suspension or revocation of license; imposition of fines. The grounds for suspension or revocation of a medical cannabis dispensary license and the procedures for such suspension or revocation shall be as provided in State law. In addition thereto, a violation of any of the provisions of this ordinance or any State law or regulation related to licens ing or operation of a medical cannabis dispensary shall be grounds for suspension or revocation of a City medical cannabis dispensary license, subject to notice and hearing. Section 24. License renewals; expiration of license. a. Renewal of License. The licensee shall apply for renewal of the medical cannabis dispensary license at least 30 days prior to the expiration of the license (December 31st of each year). If the Applicant files for renewal less than 30 days prior to the expiration date, then the City may process the renewal application if the Applicant submits a late filing fee in an amount established by resolution of the City at the time of submission of the renewal application. (1) The renewal license fee, and late fee, if applicable, shall accompany the renewal application. Such fees are nonrefundable. (2) In the event there have been any changes in the location of the premises submitted, the renewal application shall identify the proposed changes in the location. (3) In the event any person who has an interest as described in the initial medical cannabis dispensary application made to the City pursuant to this ordinance, or any dispensary owner or agent, as defined herein, has been charged with or accused of violations of any law since such disclosure, the renewal application shall include the name of the violator, the date of the violation, the court and case number where the violation was filed and the disposition of such violation. 10 (4) In the event the medical cannabis dispensary license has been suspended or revoked, or a licensee has received any notice of violation of any law, the renewal application shall include a copy of the notice, suspension or revocation. (5) The renewal application shall include verification that the medical cannabis dispensary has a valid State certificate of registration. (6) In the event there have been allegations of violations of this ordinance by any of the licensees or the dispensary submitting a renewal application, the City Manager or their representative may hold a hearing prior to approving the renewal application. The hearing shall be for purposes of determining whether the application, proposed licensee and past operation of the dispensary has been in compliance with this ordinance. If the application or the licensee does not meet the requirements of this ordinance, or the dispensary has been operated in the past in violation of this ordinance, the renewal application may be denied by the City Council or their representative, or issued with conditions. Section 25. Change of location. A medical cannabis dispensary licensee may apply to the City for a change in location of the licensed premises. The inquiry by the City into the request for a change of location of the licensed premises may include any item that may be reviewed for a new medical cannabis dispensary license, provided that the qualifications of the licensee to hold a license for a medical cannabis dispensary shall not be subject to review so long as the licensee meets all requirements of this ordinance and any provisions of State law at the time the license was originally issued and remains in compliance with this ordinance subsequent to the issuance of said license. Section 26. Penalties. In addition to the possible denial, suspension, revocation or non -renewal of a license or any other penalty provided for under the provisions of this ordinance or by State law, any person, including but not limited to, any licensee, owner, manager or employee of a medical cannabis dispensary or any customer of a medical cannabis dispensary who violates any provisions of this ordinance may be cited for such violation and shall be subject to the penalties for violation of City ordinance. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: July 27, 2021 SECOND READING: August 10, 2021 PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Oepke G. Niemeyer, Mayor 11 Bonnie Foster, City Clerk CHAPTER 34-20G MEDICAL CANNABIS 34-20G-1 Definitions. 34-20G-2 Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-3 Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-4 Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable. 34-20G-5 Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-6 Attorneys not subject to discipline for certain conduct. 34-20G-7 Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct. 34-20G-8 Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-9 Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-10 Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-11 Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. 34-20G-12 Sale or donation of cannabis seeds to cultivation facility. 34-20G-13 Seizure or forfeiture of cannabis or related property. 34-20G-14 Possession of or application for registry identification card not grounds for search. 34-20G-15 Activity conducted in accordance with chapter lawful. 34-20G-16 Enforcement of federal law by state law enforcement officers. 34-20G-17 Contracts enforceable. 34-20G-18 Unauthorized conduct. 34-20G-19 Schools and landlords--Prohibited conduct. 34-20G-20 Qualifying patient not disqualified from medical care for cannabis use. 34-20G-21 Custody and visitation rights--Child neglect or endangerment. 34-20G-22 Employment and drug testing. 34-20G-23 Conflict with employer's obligations or benefits under federal law. 34-20G-24 Ingestion of cannabis at workplace--Working under the influence of cannabis. 34-20G-25 Schools, landlords, and employers not to be penalized. 34-20G-26 Petition to add serious medical condition or treatment to list of debilitating medical conditions-- Department consideration--Judicial review. 34-20G-27 Cost reimbursement, permission to smoke cannabis on property, and permission to cultivate on rental property not required. 34-20G-28 Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. 34-20G-29 Information required for issuance of registry identification cards--Fee. 34-20G-30 Submission of information by person responsible for medical decisions for qualifying patient. 34-20G-31 Department verification of information--Issuance of registry identification card--Verification system. 34-20G-32 Background check of designated caregiver. 34-20G-33 Issuance of registry identification card to patient under age 18--Conditions. 34-20G-34 Grounds for denial or nonrenewal of qualifying patient registry identification card. 34-20G-35 Grounds for denial of application or nonrenewal of designated caregiver. 34-20G-36 Notice of reason for denial. 34-20G-37 Judicial review of application denial or nonrenewal. 34-20G-38 Temporary qualifying patient registry identification card. 34-20G-39 Temporary designated caregiver registry identification card. 34-20G-40 Availability of applications--Written certification as temporary registry identification card. 34-20G-41 Availability of applications--Temporary designated caregiver registry identification card. 34-20G-42 Contents of registry identification cards. 34-20G-43 Expiration of registry identification card. 34-20G-44 Confidential list of persons issued registry identification cards. 34-20G-45 Secure phone or web-based verification system. 34-20G-46 Required notifications to department. 34-20G-47 Notifications by designated caregiver. 34-20G-48 Issuance of new registry identification card following required notification to department. 34-20G-49 Card void upon notice to department that patient no longer qualifies--Disposal of cannabis. 34-20G-50 Theft or loss of cannabis--Notice to department. 34-20G-51 Medical purpose defense to prosecution involving cannabis. 34-20G-52 Proof of unavailability of defense to prosecution. 34-20G-53 Registry identification card not required to raise defense. 34-20G-54 Person using cannabis for medical purpose not subject to discipline or forfeiture. 34-20G-55 Application for medical cannabis establishment--Contents and conditions--Time for registration. 34-20G-56 Local government limitation on number of medical cannabis establishments. 34-20G-57 Renewal of medical cannabis establishment registration. 34-20G-58 Local government ordinances governing medical cannabis establishments. 34-20G-59 Local government prohibition of dispensaries not permitted. 34-20G-60 Local licensing of medical cannabis establishments--Fee. 34-20G-61 Criminal background check of medical cannabis establishment officers, employees, and volunteers. 34-20G-62 Employment restrictions on medical cannabis establishments. 34-20G-63 Medical cannabis establishment procedures for oversight and record keeping. 34-20G-64 Medical cannabis establishment security measures. 34-20G-65 Cultivation, harvesting, manufacturing, and packaging of cannabis. 34-20G-66 Production of cannabis products. 34-20G-67 Sharing office space and patient referrals to practitioners prohibited. 34-20G-68 Consumption of cannabis on medical cannabis establishment property prohibited. 34-20G-69 Inspection of medical cannabis establishments. 34-20G-70 Conditions for dispensing cannabis. 34-20G-71 Limitations on amount of cannabis dispensed. 34-20G-72 Promulgation of rules--Violation of required or prohibited action as misdemeanor. 34-20G-73 Civil penalty for failure to provide required notice. 34-20G-74 Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. 34-20G-75 Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. 34-20G-76 False statement to law enforcement official about medical use of cannabis as misdemeanor. 34-20G-77 Knowing submission of false records or documents to certify medical cannabis establishment as felony. 34-20G-78 Certain conduct of practitioner as misdemeanor. 34-20G-79 Breach of confidentiality of information as misdemeanor. 34-20G-80 Suspension or revocation of medical cannabis establishment registration certificate. 34-20G-81 Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. 34-20G-82 Permitted and prohibited conduct during suspension. 34-20G-83 Revocation of registry identification card for cannabis sale to unauthorized person-- Disqualification. 34-20G-84 Revocation of registry identification card for multiple or serious violations. 34-20G-85 Judicial review of revocation. 34-20G-86 Confidential data. 34-20G-87 Restrictions on data maintained by department. 34-20G-88 Permitted disclosure of data maintained by department. 34-20G-89 Restrictions on data maintained by medical cannabis establishments. 34-20G-90 Cardholder's request for department to confirm cardholder status to others. 34-20G-91 Destruction of unused media containing cardholder information. 34-20G-92 Oversight committee membership. 34-20G-93 Oversight committee duties. 34-20G-94 Annual report to the Legislature--Information excluded. 34-20G-95 Administration of medical cannabis to students. 34-20G-1.Definitions. Terms used in this chapter mean: (1) "Allowable amount of cannabis," means: (a) Three ounces of cannabis or less; (b) The quantity of cannabis products as established by rules promulgated by the department under § 34-20G-72; (c) If the cardholder has a registry identification card allowing cultivation, three cannabis plants minimum or as prescribed by physician; and (d) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated; (2) "Bona fide practitioner-patient relationship,": (a) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner has completed an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination; (b) The practitioner has consulted with the patient with respect to the patient's debilitating medical condition; and (c) The practitioner is available to or offers to provide follow-up care and treatment to the patient, including patient examinations; (3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures; (4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary; (5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis; (6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card; (7) "Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment; (8) "Debilitating medical condition,": (a) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or (b) Any other medical condition or its treatment added by the department, as provided for in § 34- 20G-26; (9) "Department," means the Department of Health; (10) "Designated caregiver," a person who: (a) Is at least twenty-one years of age; (b) Has agreed to assist with a qualifying patient's medical use of cannabis; (c) Has not been convicted of a disqualifying felony offense; and (d) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is employed; (11) "Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted; (12) "Edible cannabis products," any product that: (a) Contains or is infused with cannabis or an extract thereof; (b) Is intended for human consumption by oral ingestion; and (c) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products; (13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants. Two or more cardholders who reside in the same dwelling may share one enclosed, locked facility for cultivation; (14) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1; (15) "Medical cannabis dispensary" or "dispensary," an entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders; (16) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary; (17) "Medical cannabis establishment agent," an owner, officer, board member, employee, or volunteer at a medical cannabis establishment; (18) "Medical use," includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. The term does not include: (a) The cultivation of cannabis by a nonresident cardholder; (b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or (c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility; (19) "Nonresident cardholder," a person who: (a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition; (b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days; (c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and (d) Has submitted any documentation required by the department, and has received confirmation of registration; (20) "Practitioner," a physician who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence; (21) "Qualifying patient," a person who has been diagnosed by a practitioner as having a debilitating medical condition; (22) "Registry identification card," a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-20G-29 to 34-20G-42, inclusive; and (23) "Written certification," a document dated and signed by a practitioner, stating that in the practitioner's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition or symptom associated with the debilitating medical condition. This document shall affirm that it is made in the course of a bona fide practitioner-patient relationship and shall specify the qualifying patient's debilitating medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-2.Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (l) The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported; (2) Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis; (3) Transferring the cannabis to a testing facility; (4) Compensating a dispensary or a testing facility for goods or services provided; (5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or (6) Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-3. Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessing, or using medical cannabis in accordance with this chapter if the nonresident cardholder does not possess more than three ounces of cannabis and the quantity of cannabis products established by rules promulgated by the department under § 34-20G-72. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-4. Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient's debilitating medical condition or symptom associated with the qualifying patient's debilitating medical condition under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-5. Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct. No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, Nothing in this chapter prevents a practitioner from being sanctioned for: (1) Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or (2) Failing to properly evaluate a patient's medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-6. Attorneys not subject to discipline for certain conduct. No attorney is subject to disciplinary action by the State Bar of South Dakota or other professional licensing association for providing legal assistance to a prospective or registered medical cannabis establishment or other related to activity that is not subject to criminal penalties under law of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct. No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for: (1) Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment; (2) Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter; (3) Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or (4) Assisting a registered qualifying patient with the act of using or administering cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-8. Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No dispensary or a dispensary agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty in any manner; or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Possess, transport, or store cannabis or cannabis products; (2) Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided; (3) Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return; (4) Purchase or otherwise acquire cannabis from a cultivation facility or dispensary, and cannabis products from cannabis product manufacturing facility or dispensary; and (5) Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cardholder, nonresident cardholder, or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-9. Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cultivation facility or a cultivation facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis; (2) Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided; (3) Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return; (4) Purchase or otherwise acquire cannabis from a cultivation facility; (5) Purchase cannabis seeds from a cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction; or (6) Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related supplies or educational materials to a cultivation facility and dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-10. Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cannabis product manufacturing facility or a cannabis product manufacturing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Purchase or otherwise acquire cannabis from cultivation facility, and cannabis products or cannabis from a cannabis product manufacturing facility; (2) Possess, produce, process, manufacture, compound, convert, prepare, pack, repack, and store cannabis or cannabis products; (3) Deliver, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a dispensary or cannabis product manufacturing facility; (4) Deliver, transfer, or transport cannabis to testing facility and compensate testing facility for services provided; or (5) Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cannabis product manufacturing facility or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-11. Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No testing facility or testing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to § 34-20G-69, seizure, or penalty in any manner, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to: (1) Acquire, possess, transport, and store cannabis or cannabis products obtained from a cardholder, nonresident cardholder or medical cannabis establishment; (2) Return the cannabis or cannabis products to a cardholder, nonresident cardholder, or medical cannabis establishment from whom it was obtained; (3) Test cannabis, including for potency, pesticides, mold, or contaminants; or (4) Receive compensation for services under this section. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-12. Sale or donation of cannabis seeds to cultivation facility. A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-13. Seizure or forfeiture of cannabis or related property. Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-14. Possession of or application for registry identification card not grounds for search. Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-15. Activity conducted in accordance with chapter lawful. For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-16. Enforcement of federal law by state law enforcement officers. No law enforcement officer employed by an agency that receives state or local government funds may expend any state or local resources, including the officer's time, to effect any arrest or seizure of cannabis, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., if the officer has reason to believe that the activity is in compliance with this chapter. No officer may expend any state or local resources, including the officer's time, to provide any information or logistical support related to any activity to any federal law enforcement authority or prosecuting entity. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-17. Contracts enforceable. No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activity related to cannabis is prohibited by federal law. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-18. Unauthorized conduct. This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct: (1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice; (2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility; (3) Smoking cannabis: (a) On any form of public transportation; or (b) In any public place or any place that is open to the public; (4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis, except that a registered qualifying patient or nonresident cardholder is not considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-19. Schools and landlords--Prohibited conduct. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-20. Qualifying patient not disqualified from medical care for cannabis use. For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-21. Custody and visitation rights--Child neglect or endangerment. No person may be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a cardholder, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-22. Employment and drug testing. Except as provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to: (1) Any interaction with a person's employer; (2) Drug testing by a person's employer; or (3) Drug testing required by any state or local law, agency, or government official. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-23. Conflict with employer's obligations or benefits under federal law. The rights provided by §§ 34-20G-19 to 34-20G-25, inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under federal law or regulation. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-24. Ingestion of cannabis at workplace--Working under the influence of cannabis. No employer is required to allow the ingestion of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. A registered qualifying patient may not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-25. Schools, landlords, and employers not to be penalized. No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-26. Petition to add serious medical condition or treatment to list of debilitating medical conditions--Department consideration--Judicial review. Any resident of this state may petition the department to add a serious medical condition or treatment to the list of debilitating medical conditions as defined by this chapter. The department shall consider a petition in the manner required by rules promulgated by the department pursuant to this chapter, including public notice and hearing. The department shall approve or deny a petition within one hundred eighty days of submission. The approval or denial of any petition is a final decision of the department, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-27. Cost reimbursement, permission to smoke cannabis on property, and permission to cultivate on rental property not required. Nothing in this chapter requires: (1) A government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of cannabis; (2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke cannabis on or in that property; or (3) A landlord to allow the cultivation of cannabis on the rental property. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-28. Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-29. Information required for issuance of registry identification cards--Fee. No later than November 18, 2021, the department shall issue registry identification cards to qualifying patients who submit the following, in accordance with rules promulgated by the department: (1) A written certification issued by a practitioner within ninety days immediately preceding the date of an application; (2) The application or renewal fee; (3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required; (4) The name, address, and telephone number of the qualifying patient's practitioner; (5) The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient; (6) If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition; (7) The name of no more than two dispensaries that the qualifying patient designates, if any; and (8) If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-30. Submission of information by person responsible for medical decisions for qualifying patient. If the qualifying patient is unable to submit the information required by § 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-31. Department verification of information--Issuance of registry identification card-- Verification system. Except as provided in § 34-20G-32, the department shall: (1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal application; (2) Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and (3) Enter the registry identification number of any dispensary the patient designates into the verification system. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-32. Background check of designated caregiver. The department may conduct a background check of a designated caregiver in order to carry out the provisions of § 34-20G-31. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-33. Issuance of registry identification card to patient under age 18--Conditions. The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless: (1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and (2) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to: (a) Allow the qualifying patient's medical use of cannabis; (b) Serve as the qualifying patient's designated caregiver; and (c) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-34. Grounds for denial or nonrenewal of qualifying patient registry identification card. The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant: (1) Does not provide the required information, fee, or materials; (2) Previously had a registry identification card revoked; or (3) Provided false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver. The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if: (l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34- 20G-l; (2) The applicant does not provide the information required; (3) The designated caregiver previously had a registry identification card revoked; or (4) The applicant or the designated caregiver provide false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-36. Notice of reason for denial. The department shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-37. Judicial review of application denial or nonrenewal. Denial of an application or renewal under § 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-38. Temporary qualifying patient registry identification card. Until a qualifying patient who has submitted an application and the required fee to the department receives a registry identification card or a denial, a copy of the patient' s application, written certification, and proof that the application was submitted to the department is deemed a registry identification card. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-39. Temporary designated caregiver registry identification card. Until a designated caregiver whose qualifying patient has submitted an application and the required fee receives a registry identification card or a denial, a copy of the qualifying patient's application, written certification, and proof that the application was submitted to the department is deemed a registry identification card. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-40. Availability of applications--Written certification as temporary registry identification card. Until twenty-five days after the department makes applications available, a valid, written certification issued within the previous year shall be deemed a registry identification card for a qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-41. Availability of applications--Temporary designated caregiver registry identification card. Until twenty-five days after the department makes applications available, the following is considered a designated caregiver registry identification card: (1) A copy of a qualifying patient' s valid written certification issued within the previous year; and (2) A signed affidavit attesting that the person has significant responsibility for managing the well-being of the patient and that the person has been chosen to assist the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-42. Contents of registry identification cards. A registry identification card shall contain all of the following: (1) The name of the cardholder; (2) A designation of whether the cardholder is a qualifying patient or a designated caregiver; (3) The date of issuance and expiration date of the registry identification card; (4) A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder; (5) If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist; (6) A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use; (7) A photograph of the cardholder; and (8) The phone number or website address where the card can be verified. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-43. Expiration of registry identification card. A registry identification card expires one year after the date of issue. Unless the practitioner states in the written certification that the qualifying patient would benefit from cannabis until a specified earlier date, then the registry identification card expires on that date. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-44. Confidential list of persons issued registry identification cards. The department shall maintain a confidential list of any person to whom the department has issued a registry identification card and the addresses, phone number, and registry identification number of each person. The list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-45. Secure phone or web-based verification system. Within one hundred twenty days of July 1, 2021, the department shall establish a secure phone or web- based verification system. The verification system shall allow law enforcement personnel and medical cannabis establishments to enter a registry identification number and determine whether the number corresponds with a current, valid registry identification card. The system may disclose only: (1) Whether the identification card is valid; (2) The name of the cardholder; (3) Whether the cardholder is a qualifying patient or a designated caregiver; (4) Whether the cardholder is permitted to cultivate cannabis plants; (5) The registry identification number of any affiliated registered qualifying patient; and (6) The registry identification of the qualifying patient's dispensary or dispensaries, if any. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-46. Required notifications to department. The following notifications are required: (1) A registered qualifying patient shall notify the department of any change in the applicant’s name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change; (2) A registered designated caregiver shall notify the department of any change in the caregiver ’s name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change; (3) Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department; (4) If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department; (5) If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and (6) Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-47. Notifications by designated caregiver. Any notification that a registered qualifying patient is required to make under this chapter may be made by the patient's designated caregiver if the qualifying patient is unable to make the notification due to age or medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-48. Issuance of new registry identification card following required notification to department. If a cardholder notifies the department of any item listed in § 34-20G-46, but remains. eligible under this chapter, the department shall issue the cardholder a new registry identification card with a new random ten-digit alphanumeric identification number within ten days of receiving the updated information and a twenty dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-49. Card void upon notice to department that patient no longer qualifies--Disposal of cannabis. If the registered qualifying patient's certifying practitioner notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, the card is void. However, the registered qualifying patient shall have fifteen days to dispose of or give away any cannabis in the registered qualifying patient's possession. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-50. Theft or loss of cannabis--Notice to department. A medical cannabis establishment shall notify the department within one business day of any theft or significant loss of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-51. Medical purpose defense to prosecution involving cannabis. Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that: (1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person; (2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, six cannabis plants minimum or as prescribed by a physician, and the cannabis produced by those plants; (3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and (4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-52. Proof of unavailability of defense to prosecution. An affirmative defense and motion to dismiss shall fail if the prosecution proves that: (1) The person had a registry identification card revoked for misconduct; or (2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-53. Registry identification card not required to raise defense. A person is not required to possess a registry identification card to raise the affirmative defense set forth in § 34-20G-51. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-54. Person using cannabis for medical purpose not subject to discipline or forfeiture. If a person demonstrates the person's medical purpose for using cannabis pursuant to this chapter, except as provided in § 34-20G-18, the person is not subject to the following for the person's use of cannabis for medical purposes: (1) Disciplinary action by an occupational or professional licensing board or bureau; or (2) Forfeiture of any interest in or right to any property other than cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-55. Application for medical cannabis establishment--Contents and conditions--Time for registration. Not later than ninety days after receiving an application for a medical cannabis establishment, the department shall register the prospective medical cannabis establishment and issue a registration certificate and a random ten-digit alphanumeric identification number if all of the following conditions are satisfied: (1) The prospective medical cannabis establishment has submitted all of the following: (a) The application fee; (b) An application, including: (i) The legal name of the prospective medical cannabis establishment; (ii) The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application; (iii) The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and (iv) Any additional information requested by the department; (c) Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures; (d) If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions; (e) If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit; (2) None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked; (3) None of the principal officers or board members is under twenty-one years of age; and (4) At least one principal officer is a resident of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-56. Local government limitation on number of medical cannabis establishments. If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-57. Renewal of medical cannabis establishment registration. The department shall issue a renewal registration certificate within ten days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment if the establishment's registration certificate is not under suspension and has not been revoked. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-58. Local government ordinances governing medical cannabis establishments. A local government may enact an ordinance not in conflict with this chapter, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-59. Local government prohibition of dispensaries not permitted. No local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-60. Local licensing of medical cannabis establishments--Fee. A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-61. Criminal background check of medical cannabis establishment officers, employees, and volunteers. Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-62. Employment restrictions on medical cannabis establishments. A medical cannabis establishment may not employ any person who: (1) Was convicted of a disqualifying felony offense; or (2) Is under twenty-one years of age. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-63. Medical cannabis establishment procedures for oversight and record keeping. Each medical cannabis establishment shall have operating documents that include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-64. Medical cannabis establishment security measures. A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-65. Cultivation, harvesting, manufacturing, and packaging of cannabis. All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-66. Production of cannabis products. No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-67. Sharing office space and patient referrals to practitioners prohibited. A medical cannabis establishment may not share office space with or refer a patient to a practitioner. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-68. Consumption of cannabis on medical cannabis establishment property prohibited. A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-69. Inspection of medical cannabis establishments. A medical cannabis establishment is subject to inspection by the department during business hours. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-70. Conditions for dispensing cannabis. Before cannabis may be dispensed to a cardholder or nonresident cardholder, a dispensary agent: (1) Shall make a diligent effort to verify that the registry identification card or registration presented to the dispensary is valid; (2) Shall make a diligent effort to verify that the person presenting the documentation is the person identified on the document presented to the dispensary agent; (3) May not dispense an amount of cannabis to a person that would cause the person to possess more than the allowable amount of cannabis; and (4) Shall make a diligent effort to verify that the dispensary is the current dispensary that was designated by the cardholder or nonresident cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-71. Limitations on amount of cannabis dispensed. A dispensary may not dispense more than three ounces of cannabis to a nonresident cardholder or a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. A dispensary shall ensure compliance with the limitation under this section by maintaining internal, confidential records that include records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-72. Promulgation of rules--Violation of required or prohibited action as misdemeanor. Not later than October 29, 2021, the department shall promulgate rules pursuant to chapter 1-26: (1) Governing the manner in which the department shall consider petitions from the public to add a debilitating medical condition or treatment to the list of debilitating medical conditions as defined by this chapter, including public notice of and an opportunity to comment in public hearings on the petitions; (2) Establishing the form and content of registration and renewal applications submitted under this chapter; (3) Establishing a system to numerically score competing medical cannabis establishment applicants, in cases where more applicants apply than are allowed by the local government, that includes analysis of: (a) The preference of the local government; (b) In the case of dispensaries, the suitability of the proposed location and its accessibility for patients; (c) The character, veracity, background, qualifications, and relevant experience of principal officers and board members; and (d) The business plan proposed by the applicant, that in the case of a cultivation facility or dispensary shall include the ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients; (4) Governing the manner in which the department shall consider applications for and renewals of registry identification cards, that may include creating a standardized written certification form; (5) Governing medical cannabis establishments to ensure the health and safety of qualifying patients and prevent diversion and theft without imposing an undue burden or compromising the confidentiality of a cardholder, including: (a) Oversight requirements; (b) Record-keeping requirements; (c) Security requirements, including lighting, physical security, and alarm requirements; (d) Health and safety regulations, including restrictions on the use of pesticides that are injurious to human health; (e) Standards for the manufacture of cannabis products and both the indoor and outdoor cultivation of cannabis by a cultivation facility; (f) Requirements for the transportation and storage of cannabis by a medical cannabis establishment; (g) Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent; (h) Standards for the safe manufacture of cannabis products, including extracts and concentrates; (i) Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events; (j) Requirements and procedures for the safe and accurate packaging and labeling of medical cannabis; and (k) Certification standards for testing facilities, including requirements for equipment and qualifications for personnel; (6) Establishing procedures for suspending or terminating the registration certificates or registry identification cards of cardholders and medical cannabis establishments that commit multiple or serious violations of this chapter; (7) Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following: (a) The length of time it typically takes for a product to take effect; (b) Disclosing ingredients and possible allergens; (c) A nutritional fact panel; and (d) Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis; (8) Establishing procedures for the registration of nonresident cardholders and the cardholder's designation of no more than two dispensaries, which shall require the submission of: (a) A practitioner's statement confirming that the patient has a debilitating medical condition; and (b) Documentation demonstrating that the nonresident cardholder is allowed to possess cannabis or cannabis preparations in the jurisdiction where the nonresident cardholder resides; (9) Establishing the amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder may possess; and (10) Establishing reasonable application and renewal fees for registry identification cards and registration certificates, according to the following: (a) Application fees for medical cannabis establishments may not exceed five thousand dollars, with this upper limit adjusted annually for inflation; (b) The total fees collected shall generate revenues sufficient to offset all expenses of implementing and administering this chapter; (c) A sliding scale of patient application and renewal fees based upon a qualifying patient's household income; (d) The fees charged to qualifying patients, nonresident cardholders, and caregivers shall be no greater than the costs of processing the application and issuing a registry identification card or registration; and (e) The department may accept donations from private sources to reduce application and renewal fees. A violation of a required or prohibited action under any rule authorized by this section is a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-73. Civil penalty for failure to provide required notice. A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-74. Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. A person convicted under this section may not continue to be affiliated with the medical cannabis establishment and is disqualified from any future affiliation with any medical cannabis establishment under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-75. Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-76. False statement to law enforcement official about medical use of cannabis as misdemeanor. A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by this chapter. If a person convicted of violating this section is a cardholder, the person is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-77. Knowing submission of false records or documents to certify medical cannabis establishment as felony. A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-78. Certain conduct of practitioner as misdemeanor. A practitioner who knowingly refers patients to a medical cannabis establishment or to a designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment is guilty of a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-79. Breach of confidentiality of information as misdemeanor. It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-80. Suspension or revocation of medical cannabis establishment registration certificate. The department may on its own motion or on complaint, after investigation and opportunity for a public hearing at which the medical cannabis establishment has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple negligent or knowing violations or for a serious and knowing violation by the registrant or any of its agents of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-81. Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. The department shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. A suspension may not be for a longer period than six months. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-82. Permitted and prohibited conduct during suspension. A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-83. Revocation of registry identification card for cannabis sale to unauthorized person-- Disqualification. The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-84. Revocation of registry identification card for multiple or serious violations. The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-85. Judicial review of revocation. Revocation under § 34-20G-80 is a final decision of the department subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-86. Confidential data. Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder or medical cannabis establishment, including data on designated caregiver or practitioner, is private data that is confidential. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-87. Restrictions on data maintained by department. Data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-88. Permitted disclosure of data maintained by department. Data kept or maintained by the department may be disclosed solely for: (1) The verification of a registration certificate or registry identification card pursuant to this chapter; (2) Submission of the annual report required by this chapter; (3) Notification of state or local law enforcement of an apparent criminal violation of this chapter; (4) Notification of state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card; or (5) Notification of the South Dakota Board of Medical and Osteopathic Examiners if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-89. Restrictions on data maintained by medical cannabis establishments. Any information kept or maintained by a medical cannabis establishment may only identify a cardholder by registry identification number and may not contain names or other personal identifying information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-90. Cardholder's request for department to confirm cardholder status to others. At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-91. Destruction of unused media containing cardholder information. Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-92. Oversight committee membership. The Executive Board of the Legislative Research Council shall appoint an oversight committee comprised of: one member of the House of Representatives, one member of the Senate, one Department of Criminal Investigation agent, one staff member from the Office of the Attorney General, two representatives of law enforcement, one representative from the department, one practitioner with experience in medical cannabis issues, one nurse, one board member or principal officer of a cannabis testing facility, one person with experience in policy development or implementation in the field of medical cannabis, and three qualifying patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-93. Oversight committee duties. The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding: (1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis; (2) The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients; (3) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating; (4) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders; (5) Any recommended additions or revisions to the department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature; and (6) Any research studies regarding health effects of medical cannabis for patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-94. Annual report to the Legislature--Information excluded. The department shall report annually to the Legislature on the number of applications for registry identification cards received, the number of qualifying patients and designated caregivers approved, the number of registry identification cards revoked, the number of each type of medical cannabis establishment registered, and the expenses incurred and revenues generated from the medical cannabis program. The department may not include identifying information on a qualifying patient, designated caregiver, or practitioner in the report. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 34-20G-95. Administration of medical cannabis to students. The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the new school year following passage of this chapter. The departments shall implement substantively identical provisions to Colorado Revised Statute 22-1- 119.3 as of January 1, 2019. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021. 1 June 23, 2021 ARTICLE 44:90 MEDICAL CANNABIS Chapter 44:90:01 Definitions. 44:90:02 Registry identification cards. 44:90:03 Registration certificates. 44:90:04 Establishments. 44:90:05 Cannabis cultivation facilities. 44:90:06 Cannabis testing facilities. 44:90:07 Cannabis product manufacturing facilities. 44:90:08 Cannabis dispensaries. 44:90:09 Sampling and testing. 44:90:10 Packaging, labeling, and advertising. 44:90:11 Recordkeeping. 44:90:12 Enforcement. 44:90:13 Petitions to recognize debilitating medical conditions. 2 June 23, 2021 CHAPTER 44:90:01 DEFINITIONS 44:90:01:01. Definitions. Terms defined in SDCL 34-20G-1 shall have the same meaning in this article. In addition, terms used in this article mean: (1) “Agent identification badge,” means a credential issued by the department to an establishment for the use by an agent while performing work-related duties; (2) “Allowable quantity of cannabis products,” means an amount of cannabis products that may be possessed by a cardholder or nonresident cardholder pursuant to SDCL 34-20G-1(1)(b); (3) “Analyte,” means a chemical, compound, element, bacteria, yeast, fungus, or toxin that is identified or measured by testing; (4) “Analytical test,” means the use of a single technology to detect the presence or concentration of a single analyte on one or more matrices; (5) “Batch identifier,” means a unique number or code assigned by an establishment to a quantity of cannabis, cannabis extract, or cannabis products for testing; (6) “Cannabis beverage,” means a liquid edible cannabis product with a concentration of less than 1 mg of THC per ounce of liquid; (7) “Cannabis extract,” means the resin extracted from any part of a cannabis plant; (8) “Cannabis oil,” means an edible cannabis product using a food safe oil as the primary ingredient; 3 June 23, 2021 (9) “Cannabis waste,” means cannabis flower or trim, cannabis seeds, cannabis products, byproducts containing cannabis, or cannabis plants, excluding stalks without trichomes and root balls, that are unfit for retail transfer to another cannabis establishment; (10) “Certificate of analysis,” means a written report of the results of analytical testing, including whether the results indicate compliance with this article; (11) “Chain of custody,” means documentation of the handling of cannabis and cannabis products to ensure the accuracy of cannabis testing and preventing diversion; (12) “Collective,” means two or more cardholders who physically assist each other in the act of cultivation or processing of cannabis for medical use, except that the sharing of an enclosed, locked facility for cultivation by two or more cardholders in their own dwelling shall not be considered a collective; (13) “Competitive application,” means a medical cannabis establishment application that is scored numerically by the department, in cases where more applicants apply than are allowed by the local government; (14) “Concentrated cannabis,” means cannabis extract or a compound, manufacture, salt, derivative, mixture, or preparation from such resin, including hashish; (15) “Equivalent cannabis weight,” means the weight, in ounces, that a given quantity of cannabis product counts against the total allowable amount of cannabis under 34-20G-1(1); (16) “Exit packaging,” means a bag (single use or reusable), box, or other container for use in transporting cannabis, cannabis extract, or cannabis products after purchase at a dispensary; (17) “Extended plant count,” means the authorized cultivation of more than three plants simultaneously for a single patient’s use; 4 June 23, 2021 (18) “Flower,” means the pistillate reproductive organs of a mature cannabis plant, whether processed or unprocessed, including the flowers and buds of the plant; (19) “Immature plant,” means a cannabis plant that is larger than a seedling but has not yet flowered; (20) “Index factor,” means the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor, for the year immediately preceding the year of adjustment; (21) “Inhaled cannabis product,” means cannabis concentrate or a cannabis product that is intended to be consumed by inhalation, including pre-rolled cannabis cigarettes, vaporizer cartridges, and vaporizer pens; (22) “Inherently hazardous substance,” means any solvent or chemical, other than ethanol, with a flash point at or lower than 100 degrees Fahrenheit; (23) “Inventory record,” means a daily electronic record of all cannabis, including seeds, seedlings, plants, extracts, or products; (24) “Inventory tracking system,” means an electronic system specified by the department for the purposes of identifying and preventing diversion and protecting patients from unsafe cannabis, cannabis extracts, or cannabis products; (25) “ISO/IEC 17025 accreditation,” means accreditation by the International Accreditation Service (IAS), the American Association for Laboratory Accreditation (A2LA), the ANSI National Accreditation Board (ANAB), or another laboratory accreditation board that the testing facility meets General Requirements for the Competence of Testing and Calibration 5 June 23, 2021 Laboratories developed by the International Organization for Standardization and the International Electrotechnical Commission for a particular analyte and technology; (26) “Low-income qualifying patient,” means a qualifying patient whose household has a gross monthly income that is 130 percent or less of the federal poverty level; (27) “Marketing layer,” means the outermost layer of a retail sale container, which is most predominantly apparent and visible; (28) “Matrix,” means a component or substrate that contains an analyte being tested for; (29) “Mature plant,” means a cannabis plant that has flowered; (30) “Method,” means a body of procedures and techniques for performing an activity, including sampling, chemical analysis or quantification, systematically presented in the order in which they are to be executed; (31) “Nationally recognized testing laboratory,” means an independent laboratory recognized by the Occupational Health and Safety Administration pursuant to 29 CFR section 1910.7 (2020); (32) “Non usable,” means unfit for sale or transfer; (33) “Sample identifier,” means a unique number or code assigned to a sample to be tested by a testing facility, either by the establishment submitting the sample or an agent of the testing facility; (34) “Seedling,” means a nonflowering cannabis plant or rooted cutting that measures 24 inches or less from the base of the main plant stalk to the most distant point of the plant's leaf stems or branches; 6 June 23, 2021 (35) “Synthetic,” means formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources; (36) “Technology,” means a specific arrangement of analytical instruments, detection systems and/or preparation techniques; (37) “Testing sample record,” means a daily electronic record maintained by an establishment of batch identifiers, sample identifiers, and associated information; (38) “THC,” means delta-9 tetrahydrocannabinol; (39) “Tincture,” means a liquid edible cannabis product with a concentration of greater than 1 mg of THC per ounce of liquid in the form of ethanol, propylene glycol, glycerin, or food safe oil; (40) “Topical cannabis product,” means a non-edible cannabis product that is intended to be applied topically, including salves, creams, lotions, transdermal patches, or balms; (41) “Transaction record,” means a daily electronic record created and maintained by a dispensary to track transactions with patients; (42) “Transfer record,” means a daily electronic record of any acquisition of seeds, seedlings, plants, cannabis, or cannabis products and any transfer of cannabis or cannabis products to another medical cannabis establishment; (43) “Trim,” means trichome-containing leaves of the cannabis plant that have been intentionally removed during cultivation; and (44) “Valid form of personal identification,” means an unexpired form of identification acceptable for voter identification pursuant to SDCL section 12-18-6.1. Source: 7 June 23, 2021 General Authority: Law Implemented: Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html CHAPTER 44:90:02 REGISTRY IDENTIFICATION CARDS Section 44:90:02:01 Practitioner’s written certification – Debilitating Medical Condition – Recommendation for medical use of cannabis. 44:90:02:02 Practitioner certification – Recommendation for cultivation of cannabis – Extended plant count. 44:90:02:03 Patient registry identification card application requirements – Initial application. 44:90:02:04 Patient designation of caregivers – Minor patients – Person responsible for making medical decisions -- Designation by residents of health care facility or residential care facility. 44:90:02:05. Application to cultivate cannabis -- Patient designation of caregivers to cultivate cannabis. 44:90:02:06 Registry identification card renewal requirements. 44:90:02:07 Change of designation of caregivers – Change of designation to cultivate. 44:90:02:08 Nonresident registration – Required documentation. 8 June 23, 2021 44:90:02:09 Nonresident registration – Identification number. 44:90:02:10 Allowable quantity of cannabis products. 44:90:02:11 Fees for registry identification cards. 44:90:02:01. Practitioner’s written certification – Debilitating medical condition – Recommendation for medical use of cannabis. 1. Except in connection with nonresidents, the department shall reject a written certification not issued by a physician currently licensed pursuant to SDCL chapter 36-4. 2. A practitioner’s written certification shall be on a form supplied by the Department and shall include: (A) The practitioner’s name and address; (B) The practitioner’s South Dakota medical license and National Practitioner Identification numbers; (C) Certification that the practitioner has assessed the patient's medical history and current medical condition, including an in-person physical examination; (D) The date on which the physical examination was conducted; (E) Certification that the patient has a debilitating medical condition, as defined by 34-20G- 1(8), specifying the International Classification of Diseases, Tenth Revision (ICD-10) code; (F) Certification that the practitioner and patient have discussed treatment options for the patient’s debilitating medical condition, including the benefits and risks of the medical use of cannabis; (G) Certification that the practitioner is available for further consultation with the patient as required; 9 June 23, 2021 (H) The date, if applicable, on which the patient’s need for the medical use of cannabis is expected to end; and (I) The number of caregivers, if more than one, that the patient’s age or medical condition necessitates. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/ 44:90:02:02. Practitioner certification – Recommendation for cultivation of cannabis – Extended plant count. 1. Except in connection with nonresidents, the department shall reject a recommendation for the cultivation of cannabis not issued by a physician currently licensed pursuant to SDCL chapter 36-4. 2. Unless the practitioner specifies otherwise, a recommendation to allow cultivation of cannabis shall be for three plants and shall expire on the same date as the patient’s registry identification card. 3. If the practitioner recommends the cultivation of more than three plants, the recommendation shall specify the reasons for the extended plant count, including: 10 June 23, 2021 (A) The research on which the practitioner relied in calculating the amount of cannabis required by the patient and that the risks associated with using that amount of cannabis are outweighed by the benefits; (B) The difficulty the patient would experience in obtaining an adequate supply of cannabis from dispensaries due to the patient’s place of residence or level of disability; (C) The practitioner’s reasoning as to why the extended plant count does not create an undue risk of diversion or abuse; and (D) Any other factors justifying the recommendation. 4. A recommendation for the cultivation of more than three plants shall expire 90 days after the date of the recommendation. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 44:90:02:03. Patient registry identification card application requirements – Initial application. A person with a debilitating medical condition, or the person responsible for making medical decisions for that person, must apply for a patient registry identification card by submitting: 1. A completed application on a form supplied by the Department, which shall contain all information required by SDCL 34-20G-29 and 34-20G-33; 2. A completed practitioner certification on a form supplied by the Department; 3. A photocopy of a valid form of personal identification; 4. A photograph meeting all requirements for a United States passport; 11 June 23, 2021 5. If a low-income patient, documentation of household income, including: (A) If employed, wage stubs or earning statements for the past 30 days; (B) If self-employed, most recent federal income tax return and self-employment ledgers; (C) Proof of all other income (including Social Security, Supplemental Security Income, workers’ compensation, unemployment benefits, Bureau of Indian Affairs general assistance, child support, rental income, veterans’ benefits, pensions, and interest income) for the previous 12 months; and (D) Most recent financial statement from checking accounts, savings accounts, certificates of deposit, credit union accounts, retirement accounts, stocks, bonds, or dividends; and 6. The required fee, pursuant to ARSD 44:90:02:11. Source: _ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 and 34-20G-33 44:90:02:04. Patient designation of caregivers – Minor patients – Person responsible for making medical decisions -- Residents of health care facility or residential care facility. 1. A qualifying patient may designate an eligible individual as a caregiver by submitting: (A) A completed designation on a form supplied by the Department; (B) The caregiver’s sworn statement that the caregiver has not been convicted of a disqualifying felony offense in the previous 10 years; (C) Any additional fees. 2. A qualifying patient under 21 years of age must designate at least one caregiver. 12 June 23, 2021 3. Each person designated as a caregiver to one or more qualifying patients shall submit to the Division of Criminal Investigation once every 2 years: (A) A photocopy of a valid form of personal identification; (B) A Division of Criminal Investigation fingerprint card processed by a local law enforcement agency; (C) An authorization and release form releasing the results of a state-only background check to the department, and payment of any fee charged by the Division of Criminal Investigation. 4. A caregiver must submit a photograph meeting all requirements for a United States passport once every 5 years. 5. A caregiver must acknowledge in writing the prohibition of remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2). 6. If a practitioner has recommended that a patient younger than 18 years of age have multiple caregivers, the custodial parents or legal guardians may designate other caregivers as advised. 7. The person responsible for making medical decisions for a qualifying patient 18 years of age or older, if qualified to be a caregiver, shall be designated caregiver to the qualifying patient. If the practitioner has recommended that the patient have multiple caregivers, the person responsible for making medical decisions may designate other caregivers as advised. 8. The designation of a caregiver who is an employee of a health care facility or residential care facility to act as a caregiver on the premises of the facility requires the signature of an officer of the facility. 13 June 23, 2021 9. The designation shall have the same expiration date as the expiration of the qualifying patient’s registry identification card. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-1(10), 34-20G-2(2), 34-20G-30, SDCL 34-20G-31, 34-20G- 33, 34-20G-35, and 34-20G-39 44:90:02:05. Application to cultivate cannabis -- Patient designation of caregivers to cultivate cannabis. 1. A patient applying to cultivate cannabis or designate a caregiver to cultivate cannabis on the patient’s behalf must submit: (A) A practitioner’s recommendation for the cultivation of cannabis; (B) A diagram and photographs of the enclosed, locked facility in which the cannabis will be cultivated; and (C) The fee required by ARSD 44:90:02:11. 2. A qualifying patient under 21 years of age may not cultivate cannabis but may designate a caregiver to cultivate cannabis on the patient’s behalf. 3. Upon approval of the application, the Department will issue a two-part registry identification card to the patient or caregiver designated to cultivate cannabis: (A) One part of the registration card must be posted inside the enclosed, locked facility in which the cannabis is cultivated; and (B) The other part of the registration card must be carried by the patient or caregiver. 4. Only one person may cultivate cannabis on behalf of a patient, except that: 14 June 23, 2021 (A) A qualifying patient may share the designation with a designated caregiver who resides in the same dwelling; and (B) Two custodial parents or legal guardians of a qualifying patient under 18 years of age who reside in the same dwelling may share the designation. 5. The entirety of a patient’s cannabis must be cultivated in a single enclosed, locked facility. 6. No caregiver may simultaneously cultivate an extended plant count for more than one qualifying patient. 7. Two or more caregivers may not form a collective. 8. Two or more caregivers may not cultivate cannabis in a single-unit building or in a unit of a multi-unit building, unless expressly permitted by SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-1(10), 34-20G-1(13), 34-20G-29, 34-20G-33, and 34-20G- 51 44:90:02:06. Registry identification card renewal requirements. 1. A qualifying patient shall submit a renewal application, with the required fee, up to 45 days prior to the expiration of the patient’s registry identification card on a form supplied by the department. 2. A qualifying patient may designate caregivers, including changing the designation, at the time of renewal on a form supplied by the Department. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-29 and 34-20G-32 15 June 23, 2021 44:90:02:07. Change of designation of caregivers – Change of designation to cultivate. 1. A qualifying patient or the qualifying patient’s legal representative may change the designation of caregivers at any time, including: (A) Substituting a new caregiver for a previously designated caregiver; (B) Adding an additional caregiver if recommended by a practitioner; (C) Adding a caregiver while a resident of a health care or residential care facility; or (D) If cannabis cultivation is authorized, designating a caregiver to cultivate cannabis for the patient, or changing or ending such designation. 2. The process for designating a replacement caregiver or designating an additional caregiver shall be the same as designation at the time of an initial or renewal application, with the addition of any fee for issuing new registry identification cards to the patient and all caregivers. 3. If the change results in the removal of one or more caregivers: (A) The patient shall notify each such caregiver in writing and shall certify to the department that notice has been given; (B) The caregiver shall have 15 days to return the registry identification card associated with that patient; and 4. If the application indicates that the patient no longer wishes a caregiver to cultivate cannabis on the patient’s behalf or wishes a different caregiver to cultivate cannabis on the patient’s behalf: (A) The patient shall notify the current caregiver in writing and shall certify to the department that notice has been given; 16 June 23, 2021 (B) The caregiver shall have 15 days to return the registry identification card and dispose of the cannabis plants and any cannabis and cannabis products that were produced from the allowable plants; and 5. A caregiver shall provide written notice to the patient or the person legally responsible for making medical decisions for the patient and shall notify the department on a form supplied by the department if the caregiver no longer wishes to act as the patient’s caregiver. The caregiver shall return the registry identification card associated with the patient immediately upon submitting such notice and, if applicable, shall dispose of cannabis plants and any cannabis and cannabis products that were produced from the allowable plants. 6. Upon giving notice of a patient’s death pursuant to SDCL 34-20G-46(2), a caregiver shall, within 15 days, return the registry identification card associated with the patient and, if applicable, shall dispose of cannabis plants and any cannabis and cannabis products that were produced from the allowable plants. Source: __ General Authority: SDCL 34-20G-72(4) Law Implemented: SDCL 34-20G-46 and 34-20G-48 44:90:02:08. Nonresident registration – Required documentation. 1. The department shall accept any of the following as sufficient documentation of a nonresident’s debilitating medical condition: (A) Practitioner certification issued in the person’s jurisdiction of residence and listing a debilitating medical condition consistent with SDCL 34-20G-1; 17 June 23, 2021 (B) Practitioner certification issued in the person’s jurisdiction of residence, along with additional medical records indicating a debilitating medical condition recognized by the department pursuant to SDCL 34-20G-1; or (C) Practitioner certification on a form supplied by the department. 2. The department shall accept, as a nonresident’s authorization to use medical cannabis, registry identification cards or their equivalent from any state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that enacts legislation allowing patients to purchase, at minimum, cannabis or cannabis products containing 5,000 mg of THC per month, except jurisdictions that limit the medical use of cannabis to hemp, as defined in SDCL 38-35-1, and its derivatives. Source: __ General Authority: SDCL 34-20G-72(8) Law Implemented: SDCL 34-20G-1(19) 44:90:02:09. Nonresident registration – Identification number. 1. The department shall issue to a nonresident cardholder who has met all registration requirements a nonrenewable 10-digit identification number, which shall expire on the earliest of: (A) Six months from the date of issuance of the identification number; (B) The expiration date of the nonresident’s proof of authorization issued by the jurisdiction where the nonresident cardholder resides; or (C) Any earlier expiration date specified by the practitioner’s statement. 18 June 23, 2021 2. The registration number shall be valid at no more than two dispensaries, which shall be designated by the nonresident cardholder at the time of registration. Source: __ General Authority: SDCL 34-20G-72(8) Law Implemented: SDCL 34-20G-1(19) 44:90:02:10. Allowable quantity of cannabis products. 1. Under SDCL 34-20G-1(1)(b), cardholders and nonresident cardholders may possess a quantity of cannabis products with an equivalent cannabis weight totaling 3 ounces minus the amount of cannabis flower and trim possessed pursuant to SDCL 34-20G-1(1)(a). 2. The equivalent cannabis weight of cannabis products shall be: Type of cannabis Amount equivalent to one ounce of cannabis Concentrated cannabis 8,000 mg Vaporizer pens or cartridges 8,000 mg Edibles (including tinctures, oils, or beverages tested by a certified testing facility) 80 servings providing 10 mg of THC Tinctures, oils, or beverages (untested) 30 milliliters/1 fluid ounce Topical (ointment or cream) 12 fluid ounces Transdermal patches (tested) 80 doses of 10 mg THC Transdermal patches (untested) 12 patches Source: __ General Authority: SDCL 34-20G-72(9) Law Implemented: SDCL 34-20G-1(1)(b), 34-20G-2, and 34-20G-3 44:90:02:11. Fees for registry identification cards. 19 June 23, 2021 1. The base fee for initial application and yearly renewal of a patient registry identification card for a resident of South Dakota shall be: (A) $20 for a low-income qualifying patient; and (B) $100 for all other applicants. 2. Qualifying patients shall submit an additional $20 fee for the issuance of any caregiver registry identification card, except no fee shall be charged for the designation of a caregiver at the time of the initial or renewal application. 3. An additional $20 fee is required for the printing of a two-part registry identification card for patients electing to cultivate cannabis or designate a caregiver to cultivate cannabis. 4. Nonresidents shall submit a $100 fee with a registration application. 5. All fees imposed under this section shall be nonrefundable. Source: __ General Authority: SDCL 34-20G-72(10) Law Implemented: SDCL 34-20G-29, 34-20G-31, 34-20G-3 CHAPTER 44:90:03 REGISTRATION CERTIFICATES Section 44:90:03:01 Application for registration certificate – Components of complete application. 44:90:03:02 Operating procedures – Required contents – All medical cannabis establishments. 20 June 23, 2021 44:90:03:03 Cannabis cultivation facility operating procedures – Additional requirements. 44:90:03:04 Cannabis testing facility operating procedures – Additional requirements. 44:90:03:05 Cannabis product manufacturing facility operating procedures – Additional requirements. 44:90:03:06 Cannabis dispensary operating procedures – Additional requirements. 44:90:03:07 Compliance with local zoning requirements – Form of certification. 44:90:03:08 Local registration, license, or permit – Department verification. 44:90:03:09 No registration certificate revocation – Department verification. 44:90:03:10 No disqualifying felonies – Form of certification. 44:90:03:11 Department review of competitive application – Scoring criteria. 44:90:03:12 Department notification of applicants – Tiebreaking procedures. 44:90:03:13 Fees for registration certificate – Application and renewal – Change in location or ownership. 44:90:03:01. Application for registration certificate – Components of complete application. 1. An initial application for a registration certificate for any type of medical cannabis establishment shall include: (A) A completed application form; (B) Operating procedures consistent with this article; (C) Proof of property owner’s consent to cultivation or manufacturing; (D) Certification of compliance from the local municipality or county ensuring applicant’s proposed plans and location meet all local zoning and ordinance requirements; (E) Copies of all required registrations, licenses, or permits; 21 June 23, 2021 (F) Photocopies of a valid form of identification issued in South Dakota, or its equivalent issued in another U.S. jurisdiction, for all principal officers and board members; (G) Photocopies of organizing documents, operating agreements, management agreements, bylaws, or other legal documents relating to the applicant’s business structure; (H) Certification that background checks have been completed for all medical cannabis establishment agents; and (I) The applicable fee. 2. A renewal application for a registration certificate: (A) Is required every 12 months or whenever 50 percent or more of the ownership interest in the establishment has been transferred since the most recent renewal application; and (B) Shall include all components of an initial application, except that a detailed description of any changes to operating procedures, or a certification that no such changes exist, may be substituted for a complete set of operating procedures. 3. An application for the transfer of a registration certificate to a different physical location shall include: (A) A completed change of location form; (B) Diagrams of all locations in which cannabis will be cultivated, harvested, dried, stored, manufactured, or destroyed; (C) A detailed description of any changes to operating procedures, or a certification that no such changes exist; (D) Certification of compliance with all local zoning requirements; (E) Copies of all required registration, licenses, or permits reflecting the establishment’s new address; and 22 June 23, 2021 (F) The applicable fee. 4. An application to transfer less than 50 percent of the ownership interest in a medical cannabis establishment shall include: (A) A completed transfer of ownership interest form; (B) Photocopies of a valid form of identification issued in South Dakota, or its equivalent issued in another U.S. jurisdiction, for any new principal officers and board members; (C) Certification that background checks have been completed for any new medical cannabis establishment agents; and (D) The applicable fee. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1) 44:90:03:02. Operating procedures – Required contents – All medical cannabis establishments. The operating procedures of any medical cannabis establishment shall include: 1. A management plan identifying the individuals who will be in charge of day-to-day operations of the establishment, including compliance with this article and SDCL chapter 34- 20G and their specific management roles; 2. A site plan, which shall: (A) Identify any areas in which cannabis will be cultivated, harvested, dried, stored, manufactured, tested, or destroyed; (B) Indicate the types of activities that will take place in those areas; 23 June 23, 2021 (C) Identify a means of legal ingress onto property from the closest maintained public right of way; and (D) Provide sufficient detail for the Department to determine that the establishment is completely self-contained and does not have any access to any other cannabis establishment or other business, except by public right of way. 3. Operating days and hours; 4. A workplace safety plan consistent with 29 CFR Part 1910 (2020), covering personal protective equipment, hazard assessment, safe equipment operation, proper application of agricultural chemicals, ladder use, hazard communication and other state and federal workplace safety requirements; 5. Plans for compliance with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22; 6. A security plan indicating all doors, windows, gates, exterior lights, alarm sensors, cameras, and how alarms and cameras will be monitored; 7. Any additional steps to ensure the safety of patrons and the community; 8. Plans for preventing the diversion of cannabis to non-cardholders; 9. A waste management plan for disposal of cannabis waste and, if applicable, wastewater that conforms to federal, state, or local rules, regulations, and laws; 10. Pre-employment screening procedures, including criminal background check; and 11. Processes for limiting access by unauthorized persons, including verification of identity for all vendors and contractors, issuance of a visitor badge, and closely monitoring all visitors. Source: _ General Authority: SDCL 34-20G-72(2) and 34-20G-72(3) Law Implemented: SDCL 34-20G-55(1)(c) 24 June 23, 2021 44:90:03:03. Cannabis cultivation facility operating procedures – Additional requirements. The operating procedures for a cultivation facility shall provide the Department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 1. Plans to obtain an adequate supply of cannabis seeds or seedlings; 2. The number of mature cannabis plants, or size of plant canopy, to be cultivated; 3. The number of seedlings to be cultivated; 4. Plans for wastewater and waste disposal for the cultivation facility and the applicant’s certification of compliance with all state and federal laws; 5. The lights, irrigation, greenhouses and other equipment to be used and the approval listing; 6. Plans for providing electricity, water and other utilities necessary for the normal operation of the cultivation facility; 7. Plans for ventilation and filtration systems that reduce the potential for mold; and 8. A list of all pesticides, fungicides, insecticides, and fertilizers that will be present or used. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:04. Cannabis testing facility operating procedures – Additional requirements. 25 June 23, 2021 The written operating procedures for a testing facility shall provide the Department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including without limitation: 1. A policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial, or other influences that may adversely affect the quality of their work or diminish confidence in its competence, impartiality, judgement, or operational integrity; 2. A signed disclosure by the owner(s) stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cannabis cultivation facility, cannabis product manufacturing facility, or cannabis dispensary; 3. A quality control and quality assurance manual; 4. A list of analytical tests, specifying the analyte and technology for each, the applicant intends to offer and: (A) Prior to July 1, 2024, proof that the applicant is working with an accreditation body to ensure compliance with applicable rules and ensure progress towards achieving ISO/IEC 17025 accreditation including all proposed analytical tests within its scope of accreditation; or (B) On or after July 1, 2024, proof of ISO/IEC 17025 accreditation for each analytical test proposed; 5. Standard operating procedures for all preanalytical, analytical, and post-analytical processes performed by the laboratory; 6. Protocols for performing validation studies of all analytical tests to be performed; 26 June 23, 2021 7. Protocols for biannual proficiency testing and documenting successful completion of above 80 percent; 8. A program to assess and document, at least annually, the competency of all technical and scientific staff that perform preanalytical, analytical, and postanalytical processes; 9. Policies and procedures that ensure the protection of its clients’ confidential information and proprietary rights, including procedures for protecting the electronic storage and transmission of results; 10. Policies and procedures for collection and receipt of samples for mandatory or other testing; 11. Chain of custody protocols and a sample chain of custody form; and 12. Equipment to be used and its listing by a nationally recognized testing laboratory. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html 44:90:03:05. Cannabis product manufacturing facility operating procedures – Additional requirements. The operating procedures for a cannabis product manufacturing facility shall provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 27 June 23, 2021 1. A description of the classes of products, such as extracts, inhaled products, edible products, beverages, topical products, ointments, oils, and tinctures, that will be manufactured by the establishment; 2. A detailed description of the manufacturing processes that will occur on the premises, including: (A) Mechanical extraction using potable water, ice, dry screening or sieving, cryonic extraction, pressure, or temperature; (B) Infusion into propylene glycol, glycerin, or food-grade fats; (C) Extraction using food-grade ethanol; and (D) Extraction using an inherently hazardous substance; 3. A diagram illustrating in which areas of the premises each manufacturing activity will occur; 4. A diagram illustrating the areas of the premises where any solvent, excluding water, chemical or potentially hazardous substance will be stored; 5. Plans for ventilation and filtration systems that reduce the risk of fire or respiratory harm within the facility; 6. Certification from a professional engineer licensed in this state of the safety of the equipment used for cannabis extraction and the location of the equipment and the professional engineer's approval of the standard operating procedures for the cannabis extraction; 7. Documentation from a professional engineer licensed in this State or a state or local official authorized to certify compliance that the equipment used for cannabis extraction and the location of the equipment comply with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22; and 28 June 23, 2021 8. Documentation from the manufacturer of the cannabis extraction system or a professional engineer licensed in this State showing that a professional grade, closed-loop extraction system that recovers the solvents used to produce cannabis extract is used by the establishment. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:06. Cannabis dispensary operating procedures – Additional requirements. The operating procedures for a dispensary shall provide the department with sufficient detail to determine the establishment’s compliance with this article and SDCL chapter 34-20G, including: 1. Plans to obtain an adequate supply of cannabis, cannabis extracts, and cannabis products; 2. Types of products offered; 3. Verification of identification card and purchase limits; 4. Advertising plan, including onsite signs; 5. Training plan; 6. Point-of-sale software to be used, including documentation of its interoperability with the inventory tracking system; 7. Parking; 8. Accessibility to individuals with disabilities; and 9. Suitability of location for maximizing access by cardholders. Source: _ General Authority: SDCL 34-20G-72(2) and 34-20G-72(3) 29 June 23, 2021 Law Implemented: SDCL 34-20G-55(1)(c) 44:90:03:07. Compliance with local zoning requirements – Form of certification. Each initial or renewal application shall include the application’s certification, on a form supplied by the department, of compliance with all applicable city and county zoning requirements, including any city or county odor ordinances or regulations. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(d) 44:90:03:08. Local registration, license, or permit – Department verification. 1. Each initial or renewal application shall include either: (A) A certification, on a form supplied by the department, that the applicant is not required to obtain any city or county registration, license, or permit; or (B) Copies of all required registrations, licenses, or permits. 2. The department may contact the city or county to verify the absence of registration, licensing, or permitting requirements or to verify the form and content of such documents. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(1)(e) and 34-20G-60 44:90:03:09. No registration certificate revocation – Department verification. 30 June 23, 2021 Each initial or renewal application shall include a certification, on a form supplied by the department, that none of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-55(2) 44:90:03:10. No disqualifying felonies – Form of certification. With each initial or renewal application: 1. Each principal officer or board member shall aver that the individual has not been convicted of any violent felony offense in the previous 10 years, whether in South Dakota or another jurisdiction. 2. The signatory to the application shall aver that the applicant has conducted background checks on all principal officers and board members within 90 days of the initial application or within two years of a renewal application. Source: _ General Authority: SDCL 34-20G-72(2) Law Implemented: SDCL 34-20G-61 and 34-20G-62 44:90:03:11. Department review of competitive applications – Scoring criteria. 31 June 23, 2021 In cases where more applicants apply than are allowed by the local government, the department shall numerically score competitive applications according to the following criteria: 1. The city or county limiting the number of establishments, in response the department’s inquiry, has endorsed the application as beneficial to the community (1 point). 2. The city or county limiting the number of establishments has not informed the department the location specified in the application is unsuitable, due to zoning regulations or inaccessibility to the public, for the proposed use (1 point). 3. All principal officers and board members have certified that they have not, in the previous 10 years, in any U.S. jurisdiction: (A) Been convicted of a criminal offense involving fraud or false statements to a unit of government (1 point); or (B) Served as a principal officer or board member of any business that has had a license or permit suspended or revoked for violations of laws or regulations relating to cannabis, alcohol, tobacco, or gaming (1 point). 4. The applicant has submitted a floorplan with sufficient detail to enable the department to determine where all activities listed in the operating procedures will take place (1 point). 5. The applicant has submitted a business plan outlining the details contained in SDCL 34-20G- 72(3)(d) (1 point). Source: _ General Authority: SDCL 34-20G-72(3) Law Implemented: SDCL 34-20G-56 32 June 23, 2021 44:90:03:12. Department notification of applicants – Tiebreaking procedures. 1. The dispensary applicant with the highest score shall be awarded a registration certificate. 2. If the city or county has enacted an overall limit on the number of establishments, the department shall award registration certificates, in order of final score, until the limit is reached. 3. If the city or county has enacted a limit on establishments by establishment type, the department shall award registration certificates, in order of final score, until the limit is reached for each establishment type. 4. If applicants are tied for one or more openings in a locality, the affected applicants shall have the opportunity to view, in person or via videoconference, a random drawing to determine the successful applicants. 5. The notification of unsuccessful applicants shall identify the department’s decision as a final department action subject to judicial review. Source: _ General Authority: SDCL 34-20G-72(3) Law Implemented: SDCL 34-20G-56 and 34-20G-59 44:90:03:13. Fees for registration certificates – Application and renewal – Change in location or ownership. 1. Applicants shall submit a $5,000 fee with an initial or renewal application for a registration certificate. 2. Establishments shall submit a $250 fee with an application to (A) Operate at a different physical location. 33 June 23, 2021 (B) Transfer an ownership interest to any person not listed on the establishment’s most recent initial or renewal application. 3. Establishments shall submit a $50 fee with each request for an agent identification badge. 4. The fees imposed under this section shall increase annually based on the index factor. 5. The fees imposed under this section shall be nonrefundable. Source: __ General Authority: SDCL 34-20G-72(10) Law Implemented: SDCL 34-20G-55 CHAPTER 44:90:04 ESTABLISHMENTS Section 44:90:04:01 Change in management – Duty to report. 44:90:04:02 Corrective and preventive action – Written procedures. 44:90:04:03 Duty to report criminal activity to department. 44:90:04:04 Duty to report criminal activity to law enforcement. 44:90:04:05 Lighting. 44:90:04:06 Doors and windows. 44:90:04:07 Placement of security cameras. 44:90:04:08 Recording by security cameras – Access by department. 44:90:04:09 Storage of camera footage. 44:90:04:10 Alarm system. 44:90:04:11 Notification to department. 34 June 23, 2021 44:90:04:12 Agent identification badges to be obtained by establishments. 44:90:04:13 Agent identification badges to be displayed. 44:90:04:14 Controlled access – Verification of identity. 44:90:04:15 Visitor badges to be worn by contractors performing work at a medical cannabis establishment. 44:90:04:16 Operation of agricultural, industrial, or other heavy equipment – Training requirements. 44:90:04:17 Record-keeping -- Use of inventory tracking system– Training requirements. 44:90:04:18 Security protocols– Training requirements. 44:90:04:19 Vehicle requirements – Establishments. 44:90:04:20 Transport manifests – Form and content. 44:90:04:21 Storage during transport. 44:90:04:22 Conduct during transport. 44:90:04:23 Transport incident notification. 44:90:04:24 Health and safety standards for storage. 44:90:04:25 Storage while awaiting test results. 44:90:04:01. Change in management – Duty to report. An establishment shall remain under the direction of the individuals identified in its management plan and shall provide the department an updated management plan within seven days after any change in management personnel occurs. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63 44:90:04:02. Corrective and preventive action – Written procedures. 35 June 23, 2021 An establishment shall maintain and follow written procedures for implementing corrective action and preventive action, including: 1. Analysis of processes, work operations, reports, records, service records, complaints, returned product, and other sources of data to identify existing and potential root causes of nonconformance or other quality problems; 2. Identifying any actions needed to correct and prevent recurrence of nonconformance and other quality problems; 3. Verifying the corrective action or preventive action to ensure that such action is effective and does not adversely affect finished products or processes; 4. Implementing and recording changes in methods and procedures needed to correct and prevent identified quality problems; 5. Ensuring the information related to quality problems or nonconformance is disseminated to those directly responsible for assuring the quality of products or the prevention of such problems; 6. Submitting relevant information on identified quality problems and corrective action and preventive action documentation, and confirming the result of the evaluation, for management review; and 7. Ensuring that cannabis or cannabis products that do not meet safety standards are quickly identified and destroyed or remediated to prevent harm to patients. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63, 34-20G-71 36 June 23, 2021 44:90:04:03. Duty to report criminal activity to department. In addition to notice required by SDCL 34-20G-50, an establishment shall provide notice to the department within one business day upon its discovery of any plan or other action of any person to: 1. Steal cannabis plants, cannabis, cannabis products, cannabis paraphernalia, equipment, or money; 2. Sell or otherwise provide cannabis plants, cannabis, cannabis products, or cannabis paraphernalia to unauthorized persons; 3. Purchase or otherwise obtain cannabis plants, cannabis, cannabis products, or cannabis paraphernalia by unauthorized persons; 4. Falsify inventory records or transport manifests; or 5. Commit any other crime relating to the operation of the establishment. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-50, 34-20G-63, and 34-20G-64 44:90:04:04. Duty to report criminal activity to law enforcement. Any criminal activity reported to the department shall also be reported to a local law enforcement agency. Source: __ General Authority: SDCL 34-20G-72(5)(a) Law Implemented: SDCL 34-20G-63 and 34-20G-88 37 June 23, 2021 44:90:04:05. Lighting. (1) Any gate or perimeter entry point of a medical cannabis establishment must have lighting sufficient for observers to see, and cameras to record, any activity within ten feet of the gate or entry. (2) A motion detection lighting system may be employed to light required areas in low-light conditions. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:06. Doors and windows. Commercial grade locks, intended for facilities requiring high levels of physical security, are required on all perimeter entry doors. All windows must be in good condition and lockable. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:07. Placement of security cameras. All establishments must permanently fix security cameras: 1. At each exterior door and gate to allow identification of persons entering or exiting the premises. 38 June 23, 2021 2. At each door separating non-public areas of a dispensary from areas in which sales to patients and caregivers are made, to allow identification of persons entering or exiting non-public areas. 3. In sufficient number to allow the viewing, in its entirety, of any area where cannabis, cannabis plants, cannabis products, or cannabis waste are cultivated, manufactured, stored, destroyed, disposed, or prepared for transfer, sale, or testing. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:08. Recording by security cameras – Access by department. 1. Video surveillance shall meet the following minimum requirements: (A) Minimum resolution of 720 pixels; (B) Internet protocol (IP) compatibility supporting live viewing by the department over a secure internet connection; (C) Minimum of 15 frames per second; and (D) Clear and accurate display of time and date. 2. The cameras shall be set to record 24 hours a day at all establishments, except cameras placed at exterior doors used by patients to enter or exit the dispensary, which to ensure patient privacy shall be set to record only outside of the dispensary’s operating hours. 3. Surveillance systems shall have a backup power source allowing for recording and transmitting video for a minimum of two hours in the event of a power failure. Source: __ 39 June 23, 2021 General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:09. Storage of camera footage. 1. An establishment must maintain surveillance recordings for a minimum of 180 days, either: (A) On a surveillance system storage device secured on the premises in a lockbox, cabinet, or closet and alarmed with motion and seismic sensors to protect from employee tampering or criminal theft; or (B) Stored on a secure third-party server. 2. All video recordings are subject to inspection by any department employee or law enforcement officer and must be copied and provided to the department or law enforcement officer upon request. 3. Licensees must maintain a list of all persons with access to video surveillance recording and written procedures for controlling access to recordings. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:04:10. Alarm system. 1. Monitored sensors are required on all exterior doors, windows, and gates. 2. Alarm systems must be monitored by a security company capable of contacting the establishment and, if necessary, law enforcement. 40 June 23, 2021 3. The system must include an audible alarm, which must be capable of being disabled remotely by the security company. 4. Surveillance systems shall alert the security company in the event of a power failure and shall operate for a minimum of four hours on backup power. Source: __ General Authority: SDCL 34-20G-72(__) Law Implemented: SDCL 34-20G-__ 44:90:04:11. Notification to department. An establishment must notify local law enforcement and the department within 24 hours upon learning of any unauthorized entry or theft of cannabis, cannabis plants, or cannabis products. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-50 44:90:04:12. Agent identification badges to be obtained by establishments. 1. A medical cannabis establishment must obtain an agent identification badge for any agent before that person is permitted to perform duties on the site of the establishment or transport cannabis, cannabis extracts, or cannabis products. 2. The application for an agent identification badge shall be made on a form supplied by the department, which shall include an attestation that the establishment has obtained a criminal background check on the applicant in the previous two years, and which shall be 41 June 23, 2021 accompanied by a photograph meeting the requirements for a United States passport and the required fee. 3. The identification badge shall remain the property of the department. 4. An establishment must inform the department immediately if the individual ceases to be an agent of the establishment. The badge shall become void and shall be returned to the department. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:13. Agent identification badges to be displayed. A medical cannabis establishment must provide a department-issued agent identification badge to each agent, who must display this badge whenever on the premises of the establishment or transporting cannabis, cannabis extract, or cannabis products. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:14. Controlled access – Verification of identity. 1. No medical cannabis establishment shall share premises with or permit access directly from another medical cannabis establishment, business that sells alcohol or tobacco, or, if allowed by law, other cannabis establishment. 42 June 23, 2021 2. A medical cannabis establishment must verify the age and identity of anyone entering the premises. 3. Unless permitted by ARSD 44:90:08:01, no person shall be allowed to enter the premises other than agents of the establishment, cardholders, contractors 21 years of age or older hired by the establishment, employees or agents of the department, law enforcement officers, employees or agents of other local or state agencies with regulatory authority, including fire marshals, electrical inspectors, pesticide control staff and environmental inspectors, for the purpose of exercising such regulatory authority. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-65 44:90:04:15. Visitor badges to be worn by contractors performing work at a medical cannabis establishment. A medical cannabis establishment must issue a visitor badge to any temporary contractor of the establishment whose scope of work will not involve the handling of cannabis, cannabis plants, cannabis extracts, or cannabis products, including a carpenter, electrician, plumber, engineer, or alarm technician. Such contractors shall work under the direct supervision of a medical cannabis establishment agent whenever working in an area in which cannabis plants, cannabis, cannabis extracts, or cannabis products are present. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-65 43 June 23, 2021 44:90:04:16. Operation of agricultural, industrial, or other heavy equipment – Training requirements. 1. Establishment agents shall receive thorough training in the safe operation of any heavy agricultural equipment, industrial equipment such as extraction and packaging equipment, and other heavy equipment such as forklifts, before operating such equipment. 2. Establishment agents shall complete OSHA-approved certification courses prior to using any equipment if required under local ordinance or state law. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-72(5)(g) 44:90:04:17. Record-keeping – Use of inventory tracking system – Training requirements. 1. Prior to performing duties onsite or transporting cannabis, an establishment agent shall receive at minimum two hours of training in record keeping, which shall be documented in the establishment’s records. 2. Any establishment agent who will enter data into the inventory tracking system required by the department shall additionally receive at minimum two hours of hands-on training; and 3. At least one establishment agent shall receive at minimum four hours of training to act as an administrator of the inventory tracking system. Source: __ General Authority: SDCL 34-20G-72(g) Law Implemented: SDCL 34-20G-__ 44 June 23, 2021 44:90:04:18. Security protocols– Training requirements. Each establishment agent shall receive training in all aspects of the establishment’s security protocol, focusing on the agent’s role in deterring and preventing theft and preventing unauthorized access to the premises. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-64 44:90:04:19. Vehicle requirements – Establishments. Establishments must provide the following information to the department for each vehicle that will be used to transport cannabis, cannabis concentrate, or cannabis products, including samples for testing: 1. Make, model, and license plate number; 2. Proof of a valid insurance policy; 3. A description, with photos as necessary, of a locking compartment to be used to secure cannabis, cannabis extracts, and cannabis products; 4. Verification that the vehicle has a functioning alarm system; and 5. A description of how the cannabis, cannabis extracts, or cannabis products will be maintained in an appropriate temperature range. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 45 June 23, 2021 44:90:04:20. Transport manifests – Form and content. 1. A transport manifest is required for all authorized transfers of any amount of cannabis, cannabis extracts, or cannabis products, except retail sales at a dispensary. 2. The transport manifest shall contain: (A) The name, address, phone number, and license number of the establishment transporting the cannabis, cannabis extracts, or cannabis products; (B) The name, address, phone number, and license number of the establishment receiving the items; (C) The phone number and web address of the department’s secure verification system; (D) Description and quantities, either by weight or unit, of all items, including samples, contained in each transport; (E) Date of transport and approximate time of departure and arrival; (F) Vehicle make, model and license plate number; (G) The name and signature of driver and any other agent accompanying the transport; and (H) The name and signature of the person accepting the transport, upon delivery. 3. A separate transport manifest must be prepared for each medical cannabis establishment that will receive cannabis, cannabis extracts, or cannabis products. 4. The vehicle must carry three copies of each transport manifest: (A) One for the recipient; (B) One to be returned to the originating establishment for the purposes of record keeping; and 46 June 23, 2021 (C) One to be provided at the request of law enforcement or an agent of the department, if the vehicle is involved in a traffic stop or collision. 5. Any cannabis, cannabis products, or cannabis extracts, including samples, that are refused by the intended recipient shall be noted on the transport manifest and noted in the establishments inventory records after the items are returned. 6. A transport manifest shall not otherwise be altered after departing from the originating premises. 7. The transport manifest does not take the place of a chain-of-custody form that may be required of the establishment. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:21. Storage during transport. 1. All cannabis or cannabis products being transported must be contained within an enclosed, locked area in the transport vehicle and out of public view. 2. Samples of cannabis, cannabis extracts, and cannabis products for testing shall be transported in appropriately labeled sample collection containers with tamper evident seals affixed. 3. All cannabis, cannabis extracts, or cannabis products being transported to another establishment, other than samples for testing, shall be transported within sealed containers identifying the recipient. 4. A cannabis product manufacturing facility or dispensary transporting any edible product requiring refrigeration to another establishment must provide refrigerated transport. 47 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:22. Conduct during transport. 1. Only agents of the establishment, wearing agent identification badges, and who are listed on each transport manifest, may be in the vehicle. 2. Any vehicle transporting cannabis, cannabis extract, or cannabis products must travel directly to the destinations listed on transport manifests, making stops only: (A) For meals, when the transport lasts more than three hours round trip; (B) For rest periods required by law; (C) To refuel; or (D) Under exigent circumstances, including collisions, traffic stops, mechanical breakdowns, weather emergencies, or medical emergencies. 3. The agents may not remove the cannabis, cannabis extracts, or cannabis products from the vehicle until arrival at the destination listed on the transport manifest, except under exigent circumstances in consultation with the department. 4. An establishment agent must make a vehicle used for the transport of cannabis, cannabis extract, or cannabis products immediately available for inspection upon request of the department. 5. Upon law enforcement stop or other contact all persons in the vehicle shall identify themselves with their agent identification badges and all transport manifests. Source: __ 48 June 23, 2021 General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:23. Transport incident notification. 1. Any traffic stop, breakdown, or collision involving a vehicle being used by an establishment to transport cannabis, cannabis extract, or cannabis products, or any unscheduled stop lasting more than two hours shall be reported to the department within one business day. 2. Any theft or break-in involving a vehicle being used by an establishment to transport cannabis, cannabis extract, or cannabis products shall be reported to local law enforcement immediately and to the department within one business day. 3. If exigent circumstances require removal of cannabis from the vehicle prior to arrival at the destination listed on the transport manifest, the establishment agents shall make a good faith effort to contact the department for direction. If unable to contact the department, the establishment agents shall make good faith efforts to protect the shipment from diversion. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:24. Health and safety standards for storage. A medical cannabis establishment shall store cannabis, and cannabis products, unless on display for sale: 1. In secure, sealed containers that prevent against damage from light, water, insects, or rodents; and 49 June 23, 2021 2. Under environmental conditions, including refrigeration of any perishable edible product, that will protect against physical, chemical, or microbial contamination and damage from temperature or humidity. Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 44:90:04:25. Storage while awaiting test results. A cultivation facility or cannabis product manufacturing facility awaiting testing results must: 1. Enter the identification number of the batch and the identification number of the samples associated with the batch into the establishment’s inventory records; 2. Store the batch in one or more sealed containers enclosed on all sides; and 3. Affix to the container(s) a label including the following information: (A) The establishment’s identification number; (B) The batch number entered into inventory records; (C) Name and identification number of the testing facility that will perform the tests; (D) The sample’s unique identification number (E) The date the samples were taken; and (F) In bold, capital letters, no smaller than 12-point font, “PRODUCT NOT TESTED” Source: __ General Authority: SDCL 34-20G-72(5)(f) Law Implemented: SDCL 34-20G-8, 34-20G-9, 34-20G-10, and 34-20G-11 50 June 23, 2021 CHAPTER 44:90:05 CANNABIS CULTIVATION FACILITIES Section 44:90:05:01 Cultivation activities – Compliance with operating procedures. 44:90:05:02 Packaging and labeling cannabis for retail sale. 44:90:05:03 Cultivation equipment - Safety. 44:90:05:04 Cultivation area. 44:90:05:05 Hours of operation – Exigent circumstances. 44:90:05:06 Fences and greenhouses. 44:90:05:07 Safe application of pesticides and other chemicals used in cultivation– Training requirements. 44:90:05:08 Application of pesticides. 44:90:05:09 List of approved active ingredients in pesticides. 44:90:05:10 Safety of cannabis -- Use or presence of prohibited pesticides – Contaminants. 44:90:05:01. Cultivation activities – Compliance with operating procedures. A cultivation facility must have onsite, whenever establishment agents are present, a principal officer or other manager with responsibility for ensuring that all activities comply with the establishment’s operating procedures, including: 1. Propagating and cultivating cannabis plants; 2. Trimming, drying, curing, and storing cannabis; 3. Packaging cannabis, including testing samples; 4. Transporting cannabis to another establishment, including testing samples; and 51 June 23, 2021 5. Maintaining all required records. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:02. Packaging and labeling cannabis for retail sale. A cultivation facility may package and label for retail sale in packages of three ounces or less: 1. Cannabis flower and trim; and 2. Pre-rolled cannabis cigarettes, containing only cannabis flower or trim and an unflavored paper wrapper. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:03. Cultivation equipment - Safety. All electrical equipment, including but not limited to growing lights, cultivation equipment and packaging equipment, must be listed by a nationally recognized testing laboratory. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:04. Cultivation area. 52 June 23, 2021 Any cultivation of seedlings, immature plants, or mature plants must take place in: 1. An indoor facility meeting all security requirements of this article; 2. One or more greenhouses meeting all security requirements of an indoor facility; or 3. Within a secured fenced in area meeting all security requirements, either outdoors or in greenhouses not meeting security requirements. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:05. Hours of operation – Exigent circumstances. Agents of a cultivation facility may not, outside of the hours of operation stated on the operating plan of record, plant, feed, water, treat, move, harvest, dry, cure, package, destroy, or dispose cannabis, except: 1. Under exigent circumstances in which prompt action is necessary to protect inventory from destruction; and 2. With notice to the department within one business day regarding the character of the emergent circumstances, the activities to be conducted and the hours during which such activities will occur. Source: __ General Authority: SDCL 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 44:90:05:06. Fences and greenhouses. 53 June 23, 2021 1. Any cultivation facility cultivating, processing, or storing cannabis outdoors or in greenhouses or other structures that do not meet all security requirements for buildings must secure such cultivation areas with fencing and lighting. 2. Fencing and all gates must be secure, at least six feet high and obscure, or have a cover that obscures, regulated activities from being readily viewed from outside of the fenced in area. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:05:07. Safe application of pesticides and other chemicals used in cultivation– Training requirements. 1. Any establishment agent who applies a department-approved fungicide, insecticide, or rodenticide shall hold a current pesticide applicator certification issued by the South Dakota Department of Agriculture and Natural Resources pursuant to ARSD chapter 12:56:05. 2. Any establishment agent who applies or uses other agricultural chemicals shall have training in their safe use, including mitigating any risks to humans, animals, or waterways. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-72(5)(d) 44:90:05:08. Application of pesticides. 1. The use of a pesticide in the cultivation of cannabis is prohibited unless it: (A) Is listed in the cultivation facility’s operating procedures filed with the department; and 54 June 23, 2021 (B) Contains only those active ingredients approved by the department pursuant to ARSD section 44:90:05:11 of this article. 2. An approved pesticide shall be applied only by an establishment agent with a current pesticide applicator license and only in a manner consistent with the label. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-11 44:90:05:09. List of approved active ingredients in pesticides. 1. The following synthetic chemical agents are approved as active ingredients in pesticides when used in a manner consistent with the label: (A) Auxin; (B) Azadirachtin; (C) Capric acid; (D) Caprylic acid; (E) Citric acid; (F) Copper octoanoate; (G) Cytokinins; (H) Diatomaceous earth; (I) Gibberellic acid; (J) Horticultural oils; (K) Hydrogen peroxide; (L) Indole-3-butyric acid; 55 June 23, 2021 (M) Insecticidal soaps; (N) Iron phosphate; (O) Methoprene; (P) Peroxyacetic acid; (Q) Petroleum oils; (R) Phosphorous acid, including salts thereof; (S) Potassium bicarbonate; (T) Potassium silicate; (U) Potassium sorbate; (V) Sodium bicarbonate; (W) Sodium ferric EDTA; (X) Sodium laurel sulfate; and (Y) Sulfur. 2. The following bacterial or fungal agents are approved as active ingredients in pesticides when used in a manner consistent with the label: (A) Bacillus amyloliquefaciens strain D747; (B) Bacillus subtilis QST; (C) Bacillus thuringiensis; (D) Beauveria bassianaa; (E) Burkholderia spp. Strain A396; (F) Gliocladium virens; (G) Harpin alpha beta; (H) Isaria fumosorosea; 56 June 23, 2021 (I) Myrothecium verrucaria; (J) Reynoutria sachalinensis; (K) Trichoderma asperellum strain T34; and (L) Trichoderma harzianum. 3. The following plant extracts are approved as active ingredients in pesticides when used in a manner consistent with the product label: (A) Capsaicin; (B) Castor oil; (C) Cinnamon oil; (D) Clove oil; (E) Corn oil; (F) Cottonseed oil; (G) Garlic oil; (H) Geraniol; (I) Geranium oil; (J) Lemongrass oil; (K) Linseed oil; (L) Neem oil; (M) Olive oil; (N) Peppermint oil; (O) Pyrethrins; (P) Rosemary oil; (Q) Sesame oil; 57 June 23, 2021 (R) Soybean oil; and (S) Thyme oil. Source: __ General Authority: SDCL 34-20G-72(5)(d) Law Implemented: SDCL 34-20G-9 44:90:05:10. Safety of cannabis -- Use or presence of prohibited pesticides – Contaminants. 1. The use or presence at a medical cannabis establishment of any pesticide listing an active ingredient not on the approved list shall be considered a violation of this article and SDCL chapter 34-20G. 2. The knowing use or presence at a medical cannabis establishment of any pesticide listing as an active ingredient a synthetic chemical agent not on the approved list shall be considered a serious violation of this article and SDCL chapter 34-20G. 3. The knowing use or presence at a medical cannabis establishment of any pesticide listing a nonsynthetic substance prohibited in organic crop production under 7 CFR section 205.602 (2021) shall be considered a serious violation of this article and SDCL chapter 34-20G. 4. Cannabis shall be considered non usable if it contains detectable levels of any of the following contaminants: (A) Residual pesticides unless approved by the department; (B) Residual solvents other than ethanol, glycerin, propylene glycol, or cooking fats; (C) Mold, yeast, or mycotoxins; (D) Coliform bacteria, enterobacteriaceae, e. coli, or salmonella; or (E) Cadmium, lead, arsenic, or mercury. 58 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(d) and 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9 CHAPTER 44:90:06 CANNABIS TESTING FACILITIES Section 44:90:06:01 Required Accreditation and Registration – ISO/IEC 17025 – Drug Enforcement Agency. 44:90:06:02 Adherence to standard operating procedures – Quality control and quality assurance -- Sample collection. 44:90:06:03 Chain of custody protocols. 44:90:06:04 Mandatory testing for pesticides. 44:90:06:05 Testing of samples by State Public Health Laboratory or another laboratory. 44:90:06:01. Required Accreditation and Registration – ISO/IEC 17025 – Drug Enforcement Agency. 1. Prior to July 1, 2024, all cannabis testing facilities must work with an accreditation body to ensure compliance with applicable rules and ensure progress towards achieving ISO/IEC 17025 accreditation, with a scope of accreditation that includes all analytical tests performed by the facility. 59 June 23, 2021 2. On or after July 1, 2024, a cannabis testing facility may not accept cannabis or cannabis products for testing unless the facility is ISO/IEC accredited and the analytical tests to be performed are within the facility’s scope of accreditation. 3. A cannabis testing facility shall be registered with the Drug Enforcement Agency pursuant to 21 CFR part 1301 (2019). Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 Reference: International Organization for Standardization & International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing and Calibration Laboratories. https://www.iso.org/standard/66912.html 44:90:06:02. Adherence to standard operating procedures – Quality control and quality assurance -- Sample collection. 1. A cannabis testing facility shall adhere to its operating procedures, including: (A) The written procedures for all preanalytical, analytical, and post-analytical processes (B) Its quality control and quality assurance manual; (C) Completion of validation studies of all analytical tests to be performed; (D) Proficiency testing at an interval defined by the accrediting body; (E) Achieves a passing score on each proficiency test, or in the event of a non-passing score, completes remediation as defined by the accrediting body; and (F) A program to assess and document, at least annually, the competency of all technical and scientific staff that perform preanalytical, analytical, and postanalytical processes. 60 June 23, 2021 2. Each cannabis testing facility shall adopt standard operating procedures for the collection of samples for testing, which shall address: (A) Minimum and maximum batch size for cannabis and cannabis products; (B) Standards for the assignment of batch identifiers and sample identifiers; (C) Minimum quantity of cannabis and cannabis products needed for each analytical test; (D) Methodology for collecting material that is representative of the entire batch being tested; (E) Cleaning, sanitizing, and other methods for preventing sample contamination; (F) Containers to be used for sample collection, including methods for sealing; and (G) Prevention of damage or degradation during storage and transport. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:06:03. Chain of custody protocols. 1. The chain of custody protocols developed by a cannabis testing facility shall be approved by the department and must address: (A) Recording the possession of samples from the time of sampling through destruction; (B) Retaining for not less than 90 days any residual samples in the container in which the sample was submitted; (C) Handling procedures during collection, transport, and testing to avoid loss, damage, diversion, contamination, or misidentification of samples; and (D) The use of a chain of custody form that documents the collection, transport, receipt, testing, and destruction of samples. 61 June 23, 2021 2. The chain of custody form shall include the sample location, the number and types of containers, the mode of collection, the authorized individual who collected the sample, the date and time of collection, and requested analyses. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:06:04. Reporting of test results. 1. The results of any analytical test of cannabis or cannabis products shall be provided to the cannabis cultivation facility or cannabis cultivation facility in the form of a certificate of analysis. 2. The cannabis testing facility shall update the inventory tracking system to reflect whether the analytical test has revealed the presence of any analyte that renders the cannabis or cannabis products non usable. Source: __ General Authority: SDCL 34-20G-72(5)(d), 34-20G-72(5)(e), 34-20G-72(5)(h), and 34-20G- 72(5)(k) Law Implemented: SDCL 34-20G-9, SDCL 34-20G-10, and SDCL 34-20G-11 44:90:06:05. Analytical testing result verification. 62 June 23, 2021 1. Prior to July 1, 2024, all medical Cannabis or Cannabis products tested by state-certified laboratories shall be subject to routine confirmation testing by the department or department designee. (A) Upon request, the laboratory shall submit residual material from samples with complete testing results to the department or department designee. (B) The department or department designee will perform testing using an acceptable method to verify initial results. (C) Results of confirmation testing will be made available to the originating laboratory, and (1) If initial testing results are found to be conforming, no additional action will be taken; (2) If discordant results are encountered, the sample will be subjected to a third and final round of testing; and (3) If a third round of testing reveals discordant results, the cannabis testing facility shall stop all testing of cannabis and cannabis products pending completion of a corrective action plan approved by the department. 2. On or after July 1, 2024, the department shall not require routine confirmation testing for analytical tests within the scope of certification for an ISO/IEC 17025 certified cannabis testing facility, provided the cannabis testing facility: (A) Participates in a proficiency testing program as defined by the ISO17025 accrediting body; (B) Performs proficiency testing at an interval defined by the accrediting body; and (C) Achieves a passing score on each proficiency test, or in the event of a non-passing score, completes remediation as defined by the accrediting body. Source: __ 63 June 23, 2021 General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 and 34-20G-69 CHAPTER 44:90:07 CANNABIS PRODUCT MANUFACTURING FACILITIES Section 44:90:07:01 Manufacturing practices. 44:90:07:02 Prohibited manufacturing activities. 44:90:07:03 Extraction – Approved operating procedures. 44:90:07:04 Generally safe extraction methods. 44:90:07:05 Potentially hazardous extraction methods. 44:90:07:06 Extraction using inherently hazardous substances. 44:90:07:07 Edible cannabis products. 44:90:07:01. Manufacturing practices. 1. A cannabis product manufacturing facility must follow standard operating procedures to ensure workplace, environmental, and product safety, including: (A) Ensuring that all equipment and surfaces that come into contact with cannabis or other ingredients are food grade and nonreactive; (B) Maintaining all counters and surface areas in a manner that reduces the potential for development of microbials, molds, mildew, fungi and other contaminants; (C) Providing adequate refrigeration for ingredients and products during manufacture, storage, or transport; 64 June 23, 2021 (D) Ensuring that all electrical equipment is listed by a nationally recognized testing laboratory or inspected annually by a professional engineer licensed in South Dakota; and (E) Storing all chemicals in a safe manner. 2. As applicable, all agents of a cannabis product manufacturing facility must: (A) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present; (B) Use proper eye protection, respiratory protection and gloves; (C) Use only water that is potable and ice that is made from potable water; and (D) Undergo safety training on fire prevention and safe operation of equipment used for manufacturing. 3. Any cannabis product shall be considered non usable if it contains detectable levels of any of the following contaminants: (A) Residual pesticides, unless approved by the department; (B) Residual solvents other than ethanol, glycerin, propylene glycol, or cooking fats; (C) Mold, yeast, or mycotoxins; (D) Coliform bacteria, enterobacteriaceae, e. coli, or salmonella; or (E) Cadmium, lead, arsenic, or mercury. Source: __ General Authority: SDCL 34-20G-72(5)(d), 34-20G-72(5)(e) and 34-20G-72(5)(h) Law Implemented: SDCL 34-20G-10 44:90:07:02. Prohibited manufacturing activities. 65 June 23, 2021 A cannabis product manufacturing facility may not: 1. Manufacture a product in the distinct shape of human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age; 2. Manufacture a cannabis product by adding or infusing cannabis into a commercially available non-cannabis end product; 3. Manufacture any edible cannabis product that has more than 10 milligrams of THC per serving; 4. Package in a marketing layer an edible cannabis product with more than 100 milligrams of total THC; 5. Manufacture a product using cannabis, concentrate, or extract that has not passed any test declared mandatory by the department; 6. Manufacture cannabis products intended for non-human consumption; 7. Manufacture products that do not contain cannabis on the same premises as cannabis products; or 8. Extract cannabis using pressurized canned flammable fuel, including butane or propane in containers intended for camp stoves, handheld torch devices, refillable cigarette lighters, or similar consumer products. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:03. Extraction – Approved operating procedures. 66 June 23, 2021 1. A cannabis product manufacturing facility must conform with the standard operating procedures for extraction methods described in its operating procedures and shall not extract cannabis using any other methods without prior written approval by the department. 2. A cannabis product manufacturing facility performing extraction may be subject to inspection by the state fire marshal, local fire department, building inspector or code enforcement officer to confirm that no health or safety concerns are present, and that the facility complies with all applicable safety standards contained in local ordinance, SDCL chapter 11-10, ARSD article 61:15, and ARSD chapter 20:44:22. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:04. Generally safe extraction methods. The following methods of extraction are permissible if listed in the establishment’s operating procedures on file with the department: 1. Mechanical extraction using: (A) Potable water and ice made from potable water; (B) Dry screening or sieving; (C) Cryogenic or subzero processing not involving a solvent; and (D) Pressure and temperature. 2. Infusion of cannabis in food grade fats or synthetic food additives: (A) Propylene glycol; (B) Glycerin; and (C) Butter, olive oil, or other typical cooking fats. 67 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:05. Potentially hazardous extraction methods. The department will permit extraction using the following substances, if 99 percent or greater in purity and if the department deems storage, preparation, electrical, gas monitoring, fire suppression, and exhaust systems methods to be adequate: 1. Carbon dioxide; 2. Another liquid chemical, compressed gas, or commercial product that has a flashpoint above 100 degrees Fahrenheit; or 3. Ethanol, including solutions of ethanol and water; Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:06. Extraction using inherently hazardous substances. 1. Extraction using an inherently hazardous substance requires prior physical inspection and written approval by a professional engineer licensed in South Dakota that the establishment’s storage, preparation, electrical, gas monitoring, fire suppression, and exhaust systems are adequate. 2. Any extraction method using inherently hazardous substances must be listed in the operating procedures on file with the department and use an agent of 99 percent or greater purity. 68 June 23, 2021 3. The resulting extract shall not exceed residual limits for the solvent established by the department as part of testing requirements. 4. The following solvents may be used in approved inherently hazardous extraction: (A) Butane; (B) Propane; (C) Acetone; (D) Heptane; or (E) Pentane. 5. Any other inherently hazardous substance shall be approved only upon written application to the Department explaining the safety and efficacy of the selected method. 6. All flammable gas must be odorized in compliance with state and federal regulations. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 44:90:07:07. Edible cannabis products. A cannabis product manufacturing facility that has declared edible cannabis products as part of their operating plan of record must: 1. Obtain a South Dakota food service establishment license, pursuant to SDCL chapter 34-18, covering ongoing activities at the location identified in the operating plan; 2. Employ a Certified Food Service Manager meeting department specifications; 3. Comply with all applicable standards of ARSD 44:02:07, and the city or county in which the establishment is located. 69 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-10 CHAPTER 44:90:08 CANNABIS DISPENSARIES Section 44:90:08:01 Preventing unauthorized access – Age verification. 44:90:08:02 Preventing unauthorized sales – Training requirements. 44:90:08:01. Preventing unauthorized access – Age verification. 1. No dispensary shall allow entry into areas containing cannabis without first identifying an individual as a cardholder or other person authorized pursuant to ARSD 44:90:04:14. 2. No dispensary shall allow entry to a patient who is under 21 years of age. 3. Acceptable methods of controlling access include: (A) Verification at an external cashier window or ticket window, followed by unlocking an exterior door to admit the individual into the building; (B) Verification at a cashier window or ticket window located in an entryway with a locked interior door that prevents access to any area containing cannabis, followed by unlocking the interior door; and 70 June 23, 2021 (C) Verification by an agent outside a locked exterior or interior door, followed by unlocking the door. 4. Verification shall not take place in any area in which a person may access cannabis without passing through a lockable door. 5. Any website or mobile application developed or hosted by an establishment shall: (A) Include verification that the visitor is 21 years of age or older; (B) Require the cardholder’s or nonresident cardholder’s registry identification number for verification of any online purchases; and (C) Limit online sales to cardholders and nonresident cardholders who previously have made a purchase of cannabis or cannabis products at the dispensary. Source: __ General Authority: SDCL 34-20G-72(5)(c) Law Implemented: SDCL 34-20G-64 44:90:08:02. Preventing unauthorized sales – Training requirements. Before interacting with any cardholder, all employees of a dispensary shall be trained to: 1. Determine the authenticity of registry identification cards, including temporary registry identification cards and nonresident registration credentials; 2. Ensure that the person presenting a temporary or department-issued registry identification card or nonresident registration credential is the authorized cardholder; 71 June 23, 2021 3. Use the verification system, including all options for accessing the system by phone, point- of-sale software, or mobile application; 4. Track the amount of cannabis dispensed for a patient’s use, including consolidating the amounts in sales to the patient and the patient’s caregiver; and 5. Verify that the dispensary has been designated to make sales to the patient or the patient’s designated caregiver. Source: __ General Authority: SDCL 34-20G-72(5)(g) Law Implemented: SDCL 34-20G-70 and 34-20G-71 CHAPTER 44:90:09 SAMPLING AND TESTING 44:90:09:01 Mandatory testing prior to transfer. 44:90:09:02 Creation of batches – Collection of samples. 44:90:09:03 Packaging of samples for testing. 44:90:09:01. Mandatory testing prior to transfer. 1. No cannabis or cannabis products shall be transferred by a cannabis cultivation facility or cannabis product manufacturing facility to a cannabis product manufacturing facility or cannabis dispensary unless: (A) A cannabis testing facility has tested the cannabis or cannabis product and determined it to be in compliance with this article; and 72 June 23, 2021 (B) The cannabis or cannabis product is accompanied by a certificate of analysis issued by the cannabis testing facility. 2. Except samples for testing, any cannabis or cannabis products transferred from a cannabis cultivation facility or a cannabis product manufacturing facility without a certificate of analysis shall be considered non usable. 3. A cannabis product manufacturing facility or cannabis dispensary shall maintain the certificate of analysis for any cannabis or cannabis product for 180 days or until all of the cannabis or cannabis product has been transferred or disposed of, whichever is later. 4. The licensee submitting the cannabis or cannabis product for testing shall pay all fees associated with this testing. Source: __ General Authority: SDCL 34-20G-72(5)(d) and 34-20G-72(5)(e) Law Implemented: SDCL 34-20G-9, 34-20G-10, and 34-20G-11 44:90:09:02 Creation of batches -- Collection of samples. 1. A cannabis cultivation facility or cannabis product manufacturing facility must: (A) Divide cannabis or cannabis products into batches as directed by a registered cannabis testing facility; and (B) Assign a unique batch identifier to the cannabis or cannabis product. 2. When cannabis is harvested or trimmed: 73 June 23, 2021 (A) Cannabis flower shall be assigned to a batch containing a single strain from single harvest date; and (B) Cannabis trim may be assigned to a batch containing multiple strains and from multiple trimming dates. 3. A cannabis cultivation facility or cannabis product manufacturing facility must submit for laboratory testing at minimum one sample from of each batch of cannabis or cannabis product or as directed by the cannabis testing facility based on batch size. 4. All collections of samples for testing to be performed by a cannabis testing facility shall be performed by an agent of either the testing facility or the establishment submitting the sample. 5. The collection of samples shall comply in all manner with the testing facility’s standard operating procedures. Source: __ General Authority: SDCL 34-20G-72(5)(k) Law Implemented: SDCL 34-20G-11 44:90:10:03. Packaging of samples for testing. All samples of cannabis, cannabis extracts, or cannabis products shall be transferred to a testing facility in sealed, child-resistant, and tamper-evident containers that are supplied by a testing facility or that meet criteria specified by a testing facility. Source: __ General Authority: SDCL 34-20G-72(5)(k) 74 June 23, 2021 Law Implemented: SDCL 34-20G-11 44:90:10:04. Receipt of results. 1. Upon receipt of a certificate of analysis indicating that cannabis or cannabis products comply with SDCL chapter 34-20G and this article, the cannabis cultivation facility or cannabis product manufacturing facility may transfer the cannabis or cannabis products to another establishment, subject to this article. 2. Upon receipt of a certificate of analysis indicating that cannabis or cannabis products are non usable, the cannabis or cannabis shall not be transferred and may be subject to destruction according to this article. CHAPTER 44:90:10 PACKAGING, LABELING, AND ADVERTISING Section 44:90:10:01 Packaging for transfer or sale - General requirements. 44:90:10:02 Packaging for retail sale – General requirements. 44:90:10:03 Packaging of cannabis flower or trim or inhaled cannabis products for retail sale. 44:90:10:04 Packaging of edible cannabis products for retail sale - Tinctures, oils, and beverages excluded. 44:90:10:05 Packaging of cannabis tinctures and oils for retail sale. 44:90:10:06 Packaging of cannabis beverages for retail sale. 44:90:10:07 Packaging of topical cannabis products for retail sale. 75 June 23, 2021 44:90:10:08 Labeling required. 44:90:10:09 Format of labeling – Font size – Multiple labels. 44:90:10:10 Labeling claims – Results of testing. 44:90:10:11 Expected effects – Time to take effect – Duration of effect. 44:90:10:12 Ingredients – Allergen warnings. 44:90:10:13 Contents – Net weight or volume -- Nutritional information. 44:90:10:14 Required warnings – Indication that edible product contains cannabis – Side effects – Legal status of cannabis. 44:90:10:15 Identifying information – Establishment identification number – Batch -- Dates. 44:90:10:16 Labeling prohibitions. 44:90:10:17 Prohibited forms of advertising. 44:90:10:18 Target audience – Establishments and adult cardholders only – Prohibition on advertising to practitioners. 44:90:10:19 Prohibited content – Advertisements. 44:90:10:20 Required information. 44:90:10:21 Nonconforming advertising. 44:90:10:01. Packaging for transfer or sale -- General requirements. 1. All cannabis or cannabis products must be packaged for transfer or sale in containers that: (A) Are fully enclosable; (B) Are resealable; (C) Protect the packaged item from contamination; and (D) Do not impart any toxic or deleterious substance to the packaged item. 2. A cultivation facility shall package all flower, trim, or pre-rolled cigarettes for retail sale before transfer to a dispensary. 76 June 23, 2021 3. A cannabis product manufacturing facility shall package all cannabis products for retail sale before transfer to a dispensary. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:02. Packaging for retail sale – General requirements. 1. A dispensary must transfer any cannabis, cannabis concentrate, or cannabis products to the patient or caregiver in packaging that is: (A) Child-resistant in compliance with compliant with 16 CFR part 1700 (2020); (B) Tamper-evident, using a sealing method that provides clear, lasting evidence that the packaged has previously been opened; (C) Resealable, except for single-serving cannabis products; and (D) Opaque. 2. Unless otherwise specified by this article, each packaging requirement may be met either by the container provided by the cultivation facility or cannabis product manufacturing facility or by exit packaging supplied by the dispensary at the time of sale. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-8, 34-20G-9, and 34-20G-10 77 June 23, 2021 44:90:10:03. Packaging of cannabis flower or trim or inhaled cannabis products for retail sale. Cannabis flower or trim or an inhaled cannabis product shall be transferred by a dispensary only in a container that is fully enclosed on all sides, as follows: 1. If the container is soft sided, it must be four mil or greater in thickness; or 2. If container has rigid sides, it must have a lid or enclosure that can be placed tightly and securely on the container. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:04. Packaging of edible cannabis products for retail sale -- Tinctures, oils, and beverages excluded. 1. Single-serving edible cannabis products: (A) Shall be placed into a child-resistant container that may or may not be resealable; and (B) May be bundled into a larger marketing layer so long as the total amount of active THC per marketing layer does not exceed 100 milligrams. 2. Multiple-serving edible cannabis products: (A) Shall either be placed into either a resealable container or with individual servings heat- sealed into packaging made of plastic four mil or greater in thickness with no easy-open tab, dimple, corner or flap; (B) Shall contain 100 milligrams or less of total THC per multiple-serving container; and 78 June 23, 2021 (C) Shall clearly indicate the size of a serving if the edible product is not in a form that indicates a serving. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:05. Packaging of cannabis tinctures and oils for retail sale. 1. A cannabis tincture or oil shall be packaged in a glass or plastic vial, either: (A) With a resealable child-resistant cap; or (B) With a resealable cap and enclosed in a child-resistant soft-sided container made of plastic four mil or greater in thickness and heat sealed. 2. The packaging shall include a measuring device such as a measuring cap or dropper. Hash marks on the bottle or package do not qualify as a measuring device. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:06. Packaging of cannabis beverages for retail sale. 1. Single-serving cannabis beverages that do not contain more than 10 milligrams of THC shall be packaged in: (A) A child-resistant container; or (B) A metal can with a stay tab mechanism opening; or (C) A glass bottle with a cork or metal crown style bottle cap. 79 June 23, 2021 2. Multiple-serving cannabis beverages that contain more than 10 milligrams of THC but no more than 100 milligrams of THC shall: (A) Be packaged in a child-resistant container that has a resealing cap or closure; and (B) Include a measuring device such as a measuring cap or dropper; hash marks on the bottle or package do not qualify as a measuring device. 3. Cannabis beverages packaged according to this section may be bundled into a larger marketing layer so long as the total amount of THC per marketing layer does not exceed 100 milligrams. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:07. Packaging of topical cannabis products for retail sale. 1. Salves, creams, lotions and balms shall be packaged in a child-resistant container that has a resealing cap or closure compliant with 16 CFR part 1700 (2020). 2. Transdermal patches shall be packaged in a plastic four mil or greater in thickness to prevent unintended access to and ingestion by children or pets and be heat sealed with no easy-open tab, dimple, corner or flap, as to make it difficult for a child to open. Source: __ General Authority: SDCL 34-20G-72(5)(j) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:08. Labeling required. 80 June 23, 2021 1. All cannabis, cannabis extract, and cannabis products shall be labeled in accordance with this chapter before sale or transfer to the patient or caregiver. (A) Prior to transferring cannabis to a dispensary, a cultivation facility must label the marketing layer of each container. (B) Prior to transferring cannabis products to a dispensary, a cannabis product manufacturing facility must label each the marketing layer of each container. 2. Unless otherwise specified, all required information may be printed directly on, or printed on a sticker attached to the marketing layer of the cannabis, cannabis extract, or cannabis product. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:09. Format of labeling – Font size – Multiple labels. All required information shall be printed clearly in English in type no smaller than 6-point font (1/12 inch). An establishment may affix an extendable, accordion-style, label, layered label, or multiple labels to the marketing layer, provided none of the required information is obstructed and the label can be easily identified by a patient or caregiver as containing important information. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 81 June 23, 2021 44:90:10:10. Labeling claims -- Results of testing. 1. The results of any testing mandated by the department shall be included on the label of any cannabis or cannabis product. 2. No label shall contain claims regarding cannabinoid potency or the absence of microbials, metals, solvents, or pesticides except to list the results of analytical tests performed by a registered cannabis testing facility. Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:11. Expected effects – Time to take effect – Duration of effect. 1. The label of any cannabis or cannabis product shall indicate: (A) The length of time, in hours or minutes, that it may take the patient to feel effects; and (B) The length of time the patient should expect the effects to last. 2. The estimated time to take effect and duration of effect shall be based on the best estimate of the establishment printing the label. 3. All edible products, except ethanol-based tinctures, shall additionally contain the following warning: “Effects of this product may not be felt for up to 4 hours.” Source: __ General Authority: SDCL 34-20G-72(7)(a) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:12. Ingredients – Allergen warnings. 82 June 23, 2021 1. The label of any cannabis or cannabis product shall identify any pesticides used in cultivation. 2. The label of any cannabis product shall list all ingredients and, if applicable, gases, solvents, or other chemicals used in extraction. 3. The label of any edible cannabis product shall identify any major allergens contained in the product in accordance with 21 USC section 343 (2021), including milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soybeans. Source: __ General Authority: SDCL 34-20G-72(7)(c) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:13. Contents – Net weight or volume -- Nutritional information. 1. The label’s statement of net contents shall identify the net weight or volume of the cannabis, cannabis extract, or cannabis product, expressed: (A) If a solid, in both ounces and grams/milligrams; or (B) If a liquid or colloid, in both fluid ounces and milliliters. 2. The label of any cannabis product shall state the equivalent cannabis weight, calculated according to the equivalent cannabis weight table included in section 44:90:02:10 of this article. 3. The label of any edible cannabis product shall identify the size, expressed in ounces and grams/milligrams, fluid ounces or millimeters, or number of pieces, of a serving providing 10 mg of THC and the number of servings per marketing layer; 83 June 23, 2021 4. The label of vaporizing cartridges, pens, and topical cannabis products shall be expressed in the weight of concentrate used to manufacture the product within the marketing layer in milligrams or grams and ounces. 5. Any edible cannabis product shall be labeled with a nutritional fact panel in accordance with 21 CFR part 101 (2018). Source: __ General Authority: SDCL 34-20G-72(7) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:14. Required warnings -- Indication that edible product contains cannabis – Side effects – Legal status of cannabis. 1. The department shall design a standard symbol that indicates an item contains cannabis or cannabis extract, which shall be used by all registered establishments. 2. This standard symbol shall appear on the front or most predominantly displayed area of the marketing layer of an edible cannabis product, no smaller than 1/2 inch by 1/2 inch. 3. All cannabis and cannabis products shall carry the following warning statement in no smaller than 6-point font: “For medical use by qualifying patients only. There may be health risks associated with the use of this product. There may be additional health risks associated with the use of this product for women who are pregnant, breastfeeding, or planning on becoming pregnant. Do not drive a motor vehicle or operate heavy machinery while using this product.” Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 84 June 23, 2021 44:90:10:15. Identifying information – Establishment identification number – Batch -- Dates. The container or exit packaging for any cannabis or cannabis product sold by a dispensary shall identify: 1. The registration number of any cultivation facility, cannabis product manufacturing facility, or dispensary involved in the cultivation, processing, or sale of the item; 2. Batch numbers; 3. Cultivation date of cannabis flower or trim; and 4. Production date of cannabis products Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:16. Labeling prohibitions. No label shall: 1. Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a testing laboratory certified in accordance with this article; 2. Make claims regarding health or physical benefits to the consumer; 3. Include any false or misleading statements; 4. Obscure identifying information or warning statements; 5. Use any trademark without authorization; 85 June 23, 2021 6. Depict a human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age; 7. Include the word “candy” or “candies”; or 8. Refer to any item typically marketed to persons under 21 years of age. Source: __ General Authority: SDCL 34-20G-72(7)(d) Law Implemented: SDCL 34-20G-9 and 34-20G-10 44:90:10:17. Prohibited forms of advertising. No establishment shall advertise: 1. On a sign or billboard, except that a dispensary may advertise on signs on its own premises; 2. By distributing handbills in public areas or on publicly owned property; 3. Through direct mail, phone, text, or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature; 4. On television or radio; 5. Through a practitioner or health care facility, including placement of advertising material onsite or targeting their patients through direct mail, phone, text, or email. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-33 and 34-20G-78 44:90:10:18. Target audience – Establishments and adult cardholders only – Prohibition on advertising to practitioners. 86 June 23, 2021 1. Advertisements shall be targeted as directly as possible to: (A) Other establishments; (B) Cardholders who are 21 years of age or older; and (C) Readers of medical publications. 2. Advertisements may not target: (A) Non-cardholders, including: (1) Suggesting a medical evaluation; or (2) Interacting with the public at events sponsored by the establishment; (B) Anyone under the age of 21, including: (1) Depicting anyone under 21 years of age; or (2) Using cartoons, toys, or other products or images commonly associated with or marketed to individuals under 21 years of age; or (C) Practitioners or health care facilities, other than advertising in medical publications. 3. Any advertising on websites, social media, or mobile applications shall include: (A) A verification that the recipient is a cardholder 21 years of age or older; and (B) A permanent opt-out feature. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-33, 34-20G-74 and 34-20G-78 44:90:10:19. Prohibited content – Advertisements. No advertisement for a medical cannabis establishment shall: 1. Make deceptive, false or misleading statements; 87 June 23, 2021 2. Make claims related to potency (beyond listing of cannabinoid content verified by a testing facility); 3. Depict consumption of cannabis or cannabis products; 4. Depict pregnancy, breastfeeding, or operating a motorized vehicle, boat or machinery; 5. Depict or refer to candy or a specific type of candy; 6. Use a trademark associated with a non-cannabis product, including parody or other use that has similarity to the original; 7. Encourage the transportation of cannabis across state lines or otherwise encourage illegal activity; 8. Assert that cannabis is safe because it is regulated by the department, tested by a testing facility, or otherwise endorsed by any government agency; 9. Make claims that cannabis has curative or therapeutic effects; 10. Claim any health or physical benefits; or 11. Encourage excessive or rapid consumption. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-7 44:90:10:20. Required information. Any advertisement shall contain the following information: 1. A statement “For medical use by qualifying patients only”; and 2. The medical cannabis establishment identification number. Source: __ 88 June 23, 2021 General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-7 44:90:10:21. Nonconforming advertising. 1. Any nonconforming advertising shall be considered a violation of this article and SDCL chapter 34-20G. 2. Upon notification by the department, the establishment shall cease the nonconforming advertisements and remove any nonconforming advertising from websites, social media, mobile applications, or signs. 3. Failure to cease or remove the advertising within 48 hours shall be considered a serious and knowing violation of this article and SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(5)(i) Law Implemented: SDCL 34-20G-80 CHAPTER 44:90:11 RECORDKEEPING Section 44:90:11:01 Inventory tracking system – Required use. 44:90:11:02 Retention of records – Electronic and paper – Amended records. 44:90:11:03 Daily inventory record. 44:90:11:04 Daily transfer record. 44:90:11:05 Daily testing sample record. 89 June 23, 2021 44:90:11:06 Cultivation facility inventory records – Additional requirements. 44:90:11:07 Cannabis product manufacturing facility inventory records – Additional requirements. 44:90:11:08 Testing facility inventory records – Additional requirements. 44:90:11:09 Dispensary inventory records – Additional requirements. 44:90:11:10 Daily transaction record. 44:90:11:11 Department access to and use of establishment records. 44:90:11:01. Inventory tracking system – Required use. Establishments are required to use an electronic inventory tracking system prescribed by the department to create all required inventory records, transfer records, testing sample records, and transaction records. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:02. Retention of records -- Electronic and paper – Amended records. 1. A cannabis establishment must maintain, for a minimum of 18 months, records to enable the department to identify and prevent diversion of cannabis and to protect patients from unsafe cannabis and cannabis products, including: (A) All point of sale records, whether in electronic or paper form; (B) Transport manifests; and (C) Daily inventory records, transfer records, testing sample records, and transaction records. 2. No inventory record, transfer record, testing sample record, or transaction record shall be altered after the date on which it was created. 90 June 23, 2021 3. If necessary, an amended inventory record, transfer record, testing sample record, or transaction record may be created, but the original record shall be subject to record retention requirements. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:03. Daily inventory record. 1. A cannabis establishment must maintain and update by midnight each day of operation, an electronic record of the establishment’s inventory of cannabis, including seeds, seedlings, plants, extracts, products, and waste. 2. The inventory record shall use the following units of measure: (A) Seeds, seedlings, and plants shall be quantified in whole numbers; (B) Quantities of cannabis flower, trim, extracts, or pre-rolled cannabis cigarettes shall be expressed in grams and ounces; (C) Quantities of edible cannabis products shall be expressed in whole numbers of servings, each providing 10 mg of THC; (D) Quantities of vaporizing cartridges, pens, and transdermal patches shall be expressed in the number of marketing layers and the net weight of concentrate per marketing layer in milligrams. (E) Quantities of topical cannabis products other than transdermal patches shall be expressed in the number of marketing layers and the net volume of the topical product in fluid ounces. 91 June 23, 2021 3. The inventory record shall reflect: (A) The destruction of cannabis or disposal of cannabis waste; (B) Theft or other loss; and (C) Data from the transfer record. 4. The inventory record shall be maintained securely and shall not identify any cardholder other than by the cardholder’s identification number. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:04. Daily transfer record. 1. A cannabis establishment must maintain and update by midnight, an electronic record of all cannabis, including any seeds, plants, extracts, or products, obtained from a cardholder or another establishment, and all cannabis transferred to another establishment. 2. The transfer record shall use the same units of measure as the inventory record. 3. The transfer record shall reflect all transport manifests. 4. The transfer record shall be maintained securely and shall not identify any cardholder except by the cardholder’s identification number. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:05. Daily testing sample record. 92 June 23, 2021 1. A cannabis establishment must maintain and update by midnight, an electronic testing sample record, including: (A) The batch identifier and quantity of each batch from which samples were drawn; (B) The sample identifier of each sample created, its quantity, and the batch identifier associated with the sample; (C) The tests to be performed; and (D) Test results, including a note of whether the testing facility has indicated the batch is safe or unsafe for transfer to another establishment. 2. The quantity of each batch and each sample shall be expressed in the same units as the inventory record. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 44:90:11:06. Cultivation facility inventory records – Additional requirements. 1. The inventory record of a cultivation facility shall include a unique identifier for each seedling or plant greater than 12 inches in height, which shall also be printed on a tag or label affixed to the growing container or a tag around the plant’s stalk. 2. The inventory record shall be updated each time: (A) A seedling exceeds its size limit and is considered a plant; (B) A plant flowers for the first time; (C) A plant is trimmed or harvested; (D) A testing batch is created; or 93 June 23, 2021 (E) Cannabis is packaged for retail sale. 3. The record for a testing batch must indicate the unique identifier for each plant used to produce the batch. 4. The record for cannabis packaged and labeled for transfer to a dispensary shall include the number of marketing layers and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:07. Cannabis product manufacturing facility inventory records – Additional requirements. 1. The inventory record of a cannabis product manufacturing facility shall include the batch identification number of each testing batch of cannabis obtained from a cultivation facility. 2. The inventory record shall be updated each time: (A) A quantity of extract or concentrated cannabis is made from cannabis flower or trim; (B) A quantity of cannabis product is made from concentrated cannabis, cannabis extract, flower, or trim; or (C) A quantity of cannabis product is packaged for retail sale. 3. Any extract must be assigned to a testing batch, which shall: (A) Consist only of extract produced on a single day using the same extraction method; and (B) Be entered into the inventory record with the identifier of any testing batch of cannabis from which it was produced. 94 June 23, 2021 4. Any cannabis product must be assigned to a testing batch, which shall: (A) Consist only of a single type of product produced on a single day; and (B) Be entered into the inventory record with the identifier or any testing batch of cannabis or cannabis extract from which it was produced. 5. The record for cannabis extracts or products packaged and labeled for transfer to a dispensary shall include the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:08. Testing facility inventory records – Additional requirements. 1. A testing facility shall maintain and update by midnight each day of operation, an inventory record of: (A) All samples in its possession, with unique identifiers and quantities expressed in units specified in its operating procedures; and (B) All other cannabis, cannabis extracts, and cannabis products acquired for training or reference purposes; 2. The inventory record shall reflect: (A) The quantity of each sample rendered unusable by testing; (B) The quantity of each sample returned to the establishment; (C) The quantity of each sample destroyed or disposed of; and 95 June 23, 2021 (D) The quantity of any sample lost, stolen, or otherwise unaccounted for. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 44:90:11:09. Dispensary inventory records – Additional requirements. 1. The inventory record of a dispensary shall include all cannabis, cannabis extracts, and cannabis products, including the type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement. 2. The inventory record shall be updated each day of operation to reflect: (A) Any cannabis, cannabis extracts, or cannabis products received from another establishment; (B) Sales to qualifying cardholders, which shall include the cardholder’s identification number; (C) Returns of merchandise from cardholders, whether to be resold, returned to another establishment, or destroyed; (D) Transfers to another establishment, including returns; and (E) Destruction of cannabis. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-88 96 June 23, 2021 44:90:11:10. Daily transaction record. 1. A dispensary shall maintain and shall update by midnight each day of operation, a transaction record, which shall include: (A) The type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according to the relevant labeling requirement, for each sale or return; and (B) The cardholder identification number associated with each quantity. 2. The transaction record shall contain no other identifying information relating to a cardholder. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and 34-20G-71 44:90:11:11. Department access to and use of establishment records. 1. The department’s agents: (A) Shall have access to all records, including transport manifests during an inspection of an establishment or vehicle, or in response to a written or telephone inquiry. (B) May compare inventory onsite or in delivery vehicles to the establishment’s inventory records. (C) May compare transport manifests or observed deliveries to the establishment’s transfer records. 2. Upon the discovery of any inconsistencies in the establishment’s record-keeping, the department shall: 97 June 23, 2021 (A) Make a determination of whether the inconsistences are knowing or negligent; (B) Inform the establishment in writing of its findings; (C) If applicable, initiate suspension or revocation proceedings; and (D) If applicable, refer possible criminal violations to state and local law enforcement. Source: __ General Authority: SDCL 34-20G-72(5)(b) Law Implemented: SDCL 34-20G-63 and SDCL 34-20G-88 CHAPTER 44:90:12 ENFORCEMENT Section 44:90:12:01 Department inspection of establishments – Corrective action plan. 44:90:12:02 Suspension or revocation of registration certificates for serious violations. 44:90:12:03 Suspension or revocation of a registration certificate for multiple violations. 44:90:12:04 Voluntary surrender of registration certificate. 44:90:12:05 Revocation of registry identification card for unauthorized sale. 44:90:12:06 Revocation of registry identification card for serious or multiple violations. 44:90:12:01. Department inspection of establishments – Corrective action plan. 1. Agents of the department may conduct routine, unannounced inspections and inspections in response to complaints. 98 June 23, 2021 2. Agents of the department: (A) Must present identification before commencing an inspection of an establishment; (B) Shall have complete and unrestricted access to establishments during business hours or when establishment agents are present for the purposes of inspections, sample collection, testing, interviews, or other investigations; (C) May collect samples of cannabis and cannabis products and perform analytical tests on those samples or submit them to a cannabis testing facility for testing; (D) May inspect the contents of any vehicle used by an establishment to transport cannabis, cannabis extracts, or cannabis products, examine the manifest; and (E) Shall have access to inventory records and certificates of analysis maintained by the establishment, including collecting paper or electronic copies for further review. 3. The department shall provide an establishment the results of any analytical tests performed on samples taken from the establishment and shall inform the establishment whether the cannabis or cannabis products from which the samples were taken are non usable; 4. Upon the discovery of suspected violations of this article or SDCL chapter 34-20G, agents of the department may order the establishment to comply with a corrective action plan, which may include: (A) Modifying operating procedures to comply with this article and SDCL chapter 34-20G; (B) Halting transfer of cannabis or cannabis products that are mislabeled or otherwise pose a threat to public health; and (C) Destroying or remediating cannabis or cannabis products that pose a threat to public health. Source: __ General Authority: SDCL 34-20G-72(6) 99 June 23, 2021 Law Implemented: SDCL 34-20G-69 44:90:12:02. Suspension or revocation of registration certificates for serious violations. 1. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate for any knowing violation of this article or SDCL chapter 34-20G that involves dishonesty, diversion, or threat to public health or safety, including knowingly: (A) Selling or otherwise transferring cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent; (B) Making a false statement to a law enforcement official; (C) Sharing confidential information about a cardholder for monetary gain or to cause harm to the cardholder; (D) Submitting false records or documentation required by the department to certify a medical cannabis establishment; (E) Failing to meet obligations or conditions agreed to in the application for a registration certificate; (F) Dispensing, transferring, or selling cannabis while a registration certificate is suspended; (G) Obtaining cannabis seeds, cannabis seedlings, cannabis plants, cannabis, cannabis extract, or cannabis products in violation of this article or SDCL chapter 34-20G; (H) Failing to enter cannabis seedlings, cannabis plants, cannabis, cannabis extracts, or cannabis products into the establishment’s inventory records; (I) Applying pesticides to cannabis plants without following all requirements of this article; 100 June 23, 2021 (J) Using solvents without authorization or in an unsafe manner; (K) Misrepresenting the results of laboratory analysis (L) Transferring non usable cannabis or cannabis products; or (M) Committing any misdemeanor or felony offense in connection with the operation of a medical cannabis establishment. 2. Upon the discovery of violations that pose an ongoing threat to public health, safety, or welfare, the department may initiate emergency suspension proceedings pursuant to SDCL 1- 26-29. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:03. Suspension or revocation of a registration certificate for multiple violations. 1. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate upon finding that the establishment has committed multiple violations of this article or SDCL chapter 34-20G, including: (A) Serious violations of this article or SDCL chapter 34-20G; (B) Negligent violations of this article or SDCL chapter 34-20G; (C) Deviation from operating procedures in a manner that poses a threat to public safety or health, including the availability of cannabis, cannabis extract, or cannabis products to qualifying patients, including low-income qualifying patients; (D) Sharing a cardholder’s personal information; 101 June 23, 2021 (E) Minor or technical violations of this article that did not result in diversion of cannabis or harm to public health or safety; (F) Violations of local ordinances governing the time, place, and manner of a medical cannabis establishment that may operate in the locality; (G) Failure to allow agents of the department or any law enforcement agency access to an establishment during normal business hours; or (H) Failure to provide a notice required by this article or SDCL chapter 34-20G. (1) Upon the discovery of violations that pose an ongoing threat to public health, safety, or welfare, the department may initiate emergency suspension proceedings pursuant to SDCL 1-26-29. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:04. Voluntary surrender of registration certificate. An establishment may offer to voluntarily surrender its registration certificate, cease operations, and may not renew or transfer the registration certificate. In such cases, the department has the discretion: 1. To reject voluntary surrender; 2. To accept the voluntary surrender without conditions; or 3. To negotiate conditions of a voluntary surrender, including the amount of time before which the establishment or any principal officer or board member may apply for a registration certificate. 102 June 23, 2021 Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-80 and 34-20G-81 44:90:12:05. Revocation of registry identification card for unauthorized sale. Upon a finding that a cardholder has sold cannabis to any person who is not authorized to possess cannabis for medical purposes, the department shall initiate emergency suspension proceedings pursuant to SDCL 1-26-29 and notify the cardholder in writing of the revocation of the registry identification card, along with notice of the right to appeal. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-83 44:90:12:06. Revocation of registry identification card for serious or multiple violations. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-84 revoke a registry identification card upon finding that the cardholder has committed serious or multiple violations of SDCL chapter 34-20G, including: 1. Transferring cannabis to any person who is not authorized to possess cannabis for medical purposes; 2. Submitting false information to the department; 3. Making false statements to a law enforcement officer; 4. Allowing unauthorized use of a registry identification card; 103 June 23, 2021 5. Accepting remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2); or 6. Cultivating cannabis in violation of SDCL chapter 34-20G. Source: __ General Authority: SDCL 34-20G-72(6) Law Implemented: SDCL 34-20G-84 CHAPTER 44:90:13 PETITIONS TO RECOGNIZE DEBILITATING MEDICAL CONDIITIONS Section 44:90:13:01 Petitions – Required forms. 44:90:13:02 Department’s decision. 44:90:13:01. Petitions – Required forms. A petition to the secretary to add a medical condition to the list of debilitating medical conditions for which a practitioner may recommend the medical use of cannabis must be submitted on forms provided by the department. The petition must include: 1. The name and address of the South Dakota resident filing the petition; 2. A clear description of the specific medical condition, defined as narrowly as possible, including any International Classification of Diseases, Tenth Revision (ICD-10) code applicable to the condition; 104 June 23, 2021 3. The diagnostic criteria for determining whether cannabis is appropriate for a patient with the medical condition; and 4. A detailed summary, with citations, of peer-reviewed research that treatment with cannabis produces superior treatment outcomes or fewer side effects, compared to currently available medications or other interventions; 5. Letters of support from two physicians currently licensed pursuant to SDCL chapter 36-4; and 6. Complete copies of any research cited in the petition. Source: _ General Authority: SDCL 34-20G-72(1) Law Implemented: SDCL 1-26-13 and 34-20G-26 Reference: National Center for Health Statistics. (2021). International Classification of Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/ 44:90:13:02. Department’s decision. The secretary’s written decision to approve or deny a petition shall be issued within 180 days of submission and shall include the factors supporting the decision, including whether the written petition, public testimony, written comments, peer-reviewed research, and consultation with practitioners support the following conclusions: 1. The proposed medical condition is recognized by the medical profession as a serious and chronic medical condition; 105 June 23, 2021 2. Treatments currently available for the proposed condition are either ineffective or produce harmful side effects; and 3. Medical use of cannabis will provide therapeutic or palliative benefits that outweigh the risks of cannabis use. Source: _ General Authority: SDCL 34-20G-72(1) Law Implemented: SDCL 34-20G-26 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-021,Version:2 Second Reading and Action on Ordinance 21-021, an Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health. Summary: This Ordinance will dissolve the Board of Health. The board meets once a year, and the purpose has evolved from community health matters to items only impacting solid waste. Many of the original community health oversight is now handled by other entities and the state per state statute. The Sustainability Council now provides insight into recycling and similar solid waste opportunities. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: DJ Buthe, Public Works Director Council Meeting: July 13, 2021 / July 27, 2021 Subject: Dissolving the Board of Health Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: This Ordinance will dissolve the Board of Health. The board meets once a year, and the purpose has evolved from community health matters to items only impacting solid waste. Many of the original community health oversight is now handled by other entities and the state per state statute. The Sustainability Council now provides insight into recycling and similar solid waste opportunities. Background: SDCL 9-32-2 provided guidance to municipalities to appoint a Board of Health. SDCL 9-32-2. City board of health--Powers and duties. Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health. Source: SL 1890, ch 37, art V, § 1, subdiv 61; RPolC 1903, § 1229, subdiv 61; SL 1913, ch 119, § 53, subdiv 61; RC 1919, § 6170 (9); SDC 1939, § 45.0202 (1); SL 1981, ch 44, § 36; SL 1992, ch 60, § 2. The Board of Health was originally established pre-1964 to exercise a general supervision over the health of the City with full powers to take all steps and all measures necessary to promote the cleanliness and healthfulness of the City. The Board of Health also provides general recommendation over the sanitary conditions of the City, the operation of the Brookings Regional Landfill and the City Solid Waste Collection System. They meet once a year. The Sustainability Council will continue to provide insight on the topics the Board of Health was responsible for. Item Details: Approving this Ordinance will dissolve the Board of Health. Over the years the health oversight is now managed by the Department of Health and other resources as determined by state law. The board meets once a year to hear of existing operations and future endeavors. The current board members are encouraged to seek volunteer opportunities with other volunteer boards, committees, and commissions such as the Sustainability Council. Legal Consideration: City Attorney Steve Britzman has reviewed the Ordinance. Strategic Plan Consideration: Service and Innovation Excellence– opportunity to consolidate volunteer boards and streamline operations. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance Ordinance 21-021 An Ordinance repealing Article II of Chapter 42 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the Board of Health Be It Ordained and Enacted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Brookings Ordinance Sections 42-31 through 42-70, and pertaining to the Board of Health are hereby repealed. II. Any or all Ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading and Adoption: July 27, 2021 Published: July 30, 2021 CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-024,Version:2 Public Hearing and Action on Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. Summary: Carla Kwasniewski has applied for a Conditional Use Permit to operate a hair salon within a single- family home, which is a major home occupation in the Residence R-1B single-family district. Recommendation: The Development Review Team recommends approval.The Planning Commission voted 5 - 0 recommending approval of the conditional use permit request with the following conditions: 1)The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2)The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3)Only residents of the dwelling may be employed or participate in the home occupation. 4)Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. Attachments: Memo Ordinance City Council Legal Notice Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 / July 27, 2021 Subject: Kwasniewski Conditional Use Permit - Major Home Occupation - 2029 Elmwood Drive Person(s) Responsible: Mike Struck, Community Development Director Summary: Carla Kwasniewski has applied for a Conditional Use Permit to operate a hair salon within a single-family home, which is a major home occupation in the Residence R-1B single-family district. Background: Carla and Scott Kwasniewski recently purchased the home at 2029 Elmwood Drive. The home had been previously renovated for a rental apartment in a portion of the basement of the home. This portion of the basement has a separate entrance providing direct access to the space, which the applicant would now like to reuse as a hair salon. A hair salon is considered a major home occupation. Item Details: The salon will include one chair and appointments are required. Two parking spaces are required for a major home occupation. This would be in addition to the two parking spaces required for the single-family dwelling. The two-stall garage and driveway leading to the garage will be sufficient. Since appointments are required, only one parking spot at a given time should be occupied by a customer. In the case of overlapping appointments, the remaining parking space in the driveway could be utilized or a car may park temporarily on the street. The applicant proposes to operate the hair salon between the hours of 10:00 a.m. – 7:00 p.m. Monday through Thursday. The salon will not be open during the weekend. The applicant has completed the major home occupation checklist which suggests that all conditions of approval will be met. The applicant may place a small sign on the lot. A sign is allowed so long as it meets the sign regulations for a residential district. Legal Consideration: None Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re- development, future growth Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Development Review Team recommends approval. The Planning Commission voted 5 – 0 recommending approval of the conditional use permit request with the following conditions: 1) The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2) The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3) Only residents of the dwelling may be employed or participate in the home occupation. 4) Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. Supporting Documentation: Ordinance City Council Legal Notice Legal Notice Planning Commission Minutes Application Major Home Occupation Checklist Aerial Map Site Plan Ordinance 21-024 An Ordinance pertaining to an Application for a Conditional Use Permit to establish a Hair Salon as a Major Home Occupation in a Residence R-1B Single-Family District Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use Permit shall be approved to operate a hair salon on Lot 5, Block 4, East Acres Second Addition also known as 2029 Elmwood Drive with the following conditions: 1) The Conditional Use Permit is for the applicant only and cannot be transferred to future property owners. 2) The Conditional Use Permit allows for a maximum of one service chair in the hair salon home occupation. 3) Only residents of the dwelling may be employed or participate in the home occupation. 4) Any signage requires a sign permit and must conform to the standards and allowances set for a residential district. All sections and ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading: July 27, 2021 Published: CITY OF BROOKINGS __________________________ Oepke G. Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 21-024 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 27, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-024, an Ordinance to permit by Conditional Use a Hair Salon in a Residence R-1B Single-Family District on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive . At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 16th day of July, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN That Carla Kwasniewski has submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 5, Block 4, East Acres Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single-family district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, July 6, 2021, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 25th day of June, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #4a - Carla Kwasniewski submitted an application for a Conditional Use Permit on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single-family district. (Aiken/ Fargen) Motion to approve the Conditional Use Permit application with the recommendations from City Staff;1. The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2. Any signage requires a sign permit and must conform to standards and allowances set for a residential district. (Pierce/Aiken) Amendment to the motion to state “only 1 chair allowed” and “no non-residential employees allowed”. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – Kwasniewski’s recently purchased this property which had previously had a rental unit in the basement. This portion of the basement has a separate entrance providing direct access to the space where the application would like to have a hair salon. This type of home occupation will require two parking spaces and parking is sufficient for this request. The applicant will provide a walk way which will direct customers to the salon. This permit is for the applicant only and cannot be transferred to subsequent property owners. Mills requested the requirements for the signage. Miller stated that in all residential districts you can have a maximum of 16 square feet of signage. Pierce asked if the signage could have lighting? Struck explained that they cannot have any electronic or illuminated signage in a residential district. Kwasniewski explained that she might put a sign up for a short period of time, but ultimately she doesn’t plan to keep a sign up. She does not plan to have much traffic but the parking in their driveway will be sufficient. Mills asked about the walk way that she plans to install? Kwasniewski stated that there is already a walk way installed. Peterson, 2038 Elmwood Drive, would like the permit to state that only 1 chair will be allowed in the salon. There is also a fire hydrant near this property. Miller stated that parking will not be an issue because off-street parking will be available. 2029 Elmwo od Drive 74 ft City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-025,Version:2 Public Hearing and Action on Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. Summary: The City of Brookings has submitted an ordinance establishing zoning regulations for cannabis establishments. Recommendation: The Planning Commission voted 5 - 0 recommending approval of the ordinance. The Development Review Team recommends approval. Attachments: Memo Legal Notice - Council Mtg. Legal Notice Planning Commission Minutes Ordinance - Clean Ordinance - Marked City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: July 13, 2021 / July 27, 2021 Subject: Cannabis Establishments Person(s) Responsible: Mike Struck, Community Development Director Summary: The City of Brookings has submitted an ordinance establishing zoning regulations for cannabis establishments. Background: Initiated measure (IM26), which legalized medical cannabis in the State of South Dakota, provides that the South Dakota Department of Health shall set rules for medical cannabis establishments no later than October 29, 2021. The Department of Health released their draft rules the week of June 21st. The Department of Health regulations pertain to the licensing requirements and provide guidance to local municipalities on licensing of cannabis establishments. However, local municipalities are responsible for addressing the zoning aspect of cannabis establishments. Item Details: The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment, and buffer distances. The types of establishments are defined and the definitions closely mirror the definitions adopted by the State of South Dakota; however, they are not exactly the same. The main difference is the City approached the zoning regulations from the perspective of cannabis being legal, whereas the State definitions referenced medical cannabis. Cannabis dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy uses are the B-1, B-2, B-2A, B-3, and B-4 districts. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 Light District, as these uses closely resemble other business uses more commonly located in industrial parks due to the size of the facility, utility needs, and odors. Per the feedback from City Council at the July 13, 2021, City Council meeting, staff has changed the ordinance to establish a uniform 300 -foot buffer between dispensaries. Legal Consideration: The City Attorney’s Office reviewed and edited the ordinance. Strategic Plan Consideration: Economic Growth – community improvements, equitable opportunities, community appearance, city-owned land, land purchasing policy, future development/re - development, future growth Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing The Planning Commission voted 5 – 0 recommending approval of the ordinance. The Development Review Team recommends approval. Supporting Documentation: Memo Legal Notice – Council Mtg. Legal Notice Planning Commission Minutes Ordinance – Clean Ordinance - Marked Ordinance 21-025 An Ordinance Creating Zoning Regulations for Cannabis Establishments. Whereas, Initiated Measure 26 (IM 26), regarding Medical Cannabis, was passed by South Dakota voters in November 2020; and Whereas, the provisions of IM 26 have been codified under South Dakota Codified Laws (SDCL) Chapter 34-20G; and Whereas, such state statutes explicitly provide local governments with certain regulatory authority over aspects of cannabis establishments, including zoning matters; and Whereas, the City of Brookings has the lawful authority to regulate other aspects relating to cannabis establishments by and through its use of existing municipal powers. Be It Ordained by the City Of Brookings, South Dakota as follows: Section 1. That a NEW DIVISION be ADDED to the Brookings Municipal Code under Chapter 94 – Zoning, Article VI Supplemental Regulations– to read as follows: “Division 6. – Cannabis Establishments 94-500: Intent: In order to promote the public health, safety and general welfare of the city, the city council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasona bly restrict the opportunity of cannabis establishments to locate in the city, but is for the purpose of preventing a concentration of certain cannabis establishments in any one area. 94-501: Definitions: Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34 -20G-1. Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis. Cannabis cultivation facility: a licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related s upplies to a cannabis establishment. Cannabis dispensary: a licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational ma terials at retail to a consumer. Cannabis product manufacturing facility: a licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary. Cannabis testing facility: a licensed entity authorized to analyze the safety and potency of cannabis. Cannabis establishment: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary. 94-502: Regulations Relating to Cannabis Cultivation Facilities: No cannabis cultivation facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis cultivation facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-503: Regulations Relating to Cannabis Testing Facilities: No cannabis testing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis testing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-504: Regulations Relating to Cannabis Product Manufacturing Facilities: No cannabis product manufacturing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis product manufacturing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-505: Regulations Relating to Cannabis Dispensaries: A. No cannabis dispensary shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis dispensary shall be considered a permitted use in the following districts: Business B-1 Central District, Business B-2 District, Business B-2A Office District, Business B- 3 Heavy District, and Business B-4 Highway District. B. No cannabis dispensary shall operate within three hundred feet (300') of an educational institution, religious institution, preschool, detention facility, or another cannabis dispensary. Distances shall be measured from the closest point of the property lines. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: July 13, 2021 Second Reading: July 27, 2021 Published: July 30, 2021 CITY OF BROOKINGS, SD ____________________________ Oepke G. Niemeyer, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk Ordinance 21-025 An Ordinance Creating Zoning Regulations for Cannabis Establishments. Whereas, Initiated Measure 26 (IM 26), regarding Medical Cannabis, was passed by South Dakota voters in November 2020; and Whereas, the provisions of IM 26 have been codified under South Dakota Codified Laws (SDCL) Chapter 34-20G; and Whereas, such state statutes explicitly provide local governments with certain regulatory authority over aspects of cannabis establishments, including zoning matters; and Whereas, the City of Brookings has the lawful authority to regulate other aspects relating to cannabis establishments by and through its use of existing municipal powers. Be It Ordained by the City of Brookings, South Dakota as follows: Section 1. That a NEW DIVISION be ADDED to the Brookings Municipal Code under Chapter 94 – Zoning, Article VI Supplemental Regulations– to read as follows: “Division 6. – Cannabis Establishments 94-500: Intent: In order to promote the public health, safety and general welfare of the city, the city council adopts the following regulations, recognizing that it has a great interest in the present and future character of the city's residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasona bly restrict the opportunity of cannabis establishments to locate in the city, but is for the purpose of preventing a concentration of certain cannabis establishments in any one area. 94-501: Definitions: Unless an alternative definition is explicitly stated in this section, this chapter utilizes the definitions for cannabis related terms which are defined by SDCL 34 -20G-1. Cannabis (or Marijuana): all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis. Cannabis cultivation facility: a licensed entity that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supp lies to a cannabis establishment. Cannabis dispensary: a licensed entity that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials at retail to a consumer. Cannabis product manufacturing facility: a licensed entity that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a cannabis dispensary. Cannabis testing facility: a licensed entity authorized to analyze the safety and potency of cannabis. Cannabis establishment: a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a cannabis dispensary. 94-502: Regulations Relating to Cannabis Cultivation Facilities: No cannabis cultivation facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis cultivation facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-503: Regulations Relating to Cannabis Testing Facilities: No cannabis testing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis testing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-504: Regulations Relating to Cannabis Product Manufacturing Facilities: No cannabis product manufacturing facility shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis product manufacturing facility shall be considered a permitted use in the following districts: Industrial I-1 Light District. 94-505: Regulations Relating to Cannabis Dispensaries: A. No cannabis dispensary shall be owned or operated at a location within the city’s zoning jurisdiction except as provided by this section. A cannabis dispensary shall be considered a permitted use in the following districts: Business B-1 Central District, Business B-2 District, Business B-2A Office District, Business B- 3 Heavy District, and Business B-4 Highway District. B. No cannabis dispensary shall operate within three hundred feet (300') of an educational institution, religious institution, preschool, or detention facility,. No cannabis dispensary shall operate within one thousand feet (1,000') of or another cannabis dispensary., except in the Business B-1 Central District, which no cannabis dispensary shall operation within three hundred feet (300’) of another cannabis dispensary. Distances shall be measured from the closest point of the property lines. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. First Reading: Second Reading: Published: CITY OF BROOKINGS, SD ______________________________ Oepke G.Niemeyer, Mayor ATTEST: ___________________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING Ordinance 21-025 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, July 27, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-025, an Ordinance establishing zoning regulations for cannabis establishments. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 16th day of July, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to the inclusion of Cannabis Establishments as a use and corresponding supplemental regulations related to the siting of such Cannabis Establishments. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, July 27, 2021, in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 16th day of July, 2021. ____________________________ Bonnie Foster City Clerk Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL MINUTES Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #1 – Roll Call Item #2 – (Mills/Aiken) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #3 – (Pierce/Mills) Motion to approve the June 6, 2021 Planning Commission Minutes. All present voted aye. MOTION CARRIED. Item #4a - Carla Kwasniewski submitted an application for a Conditional Use Permit on Lot 5, Block 4, East Acres Second Addition, also known as 2029 Elmwood Drive. The request is to operate a hair salon within a single-family home, which is a major home occupation, in the Residence R-1B single- family district. (Aiken/ Fargen) Motion to approve the Conditional Use Permit application with the recommendations from City Staff;1. The conditional use permit is for the applicant only and cannot be transferred to subsequent property owners. 2. Any signage requires a sign permit and must conform to standards and allowances set for a residential district. (Pierce/Aiken) Amendment to the motion to state “only 1 chair allowed” and “no non-residential employees allowed”. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. Item #4b- Granted Properties LLC submitted an application for a Conditional Use Permit on Lot 1, Block 2, Folsom Addition, also known as 530 1st St S; and Lot 2 and Lot 3, Block 2, Folsom Addition, also known as 110 6th Ave S. The request is to operate contractor’s shops with mixed business/residential in a Business B-3 heavy district. (Mills/Fargen) Motion to remove from the table. All present voted aye. MOTION CARRIED. (Aiken/Meusburger) Motion to approve the Conditional Use Permit application. (Motion made at the May 4, 2021 meeting.) Mills must recuse himself from voting on the item due to ex parte communication with the applicants. A quorum of the Planning Commission was not present to vote on the item. (Pierce/Aiken) Motion to table to the August 3, 2021 meeting. All present voted aye. MOTION CARRIED. Item #5a - Brookings County Title Co submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 excluding Lot H-1, Cheevers Addition, also known as 418 6th Street. (Pierce/Aiken) Motion to approve the site plan with the exception to allow five (5’) foot planting strip instead of the ten (10’) foot planting strip along the 6th Street right-of-way. All present voted aye. MOTION CARRIED. Item #5b- CD Properties LLC submitted an application for approval of a Commercial Corridor Design Review Overlay District site plan on Lot 1 of Aldrich’s Addition, formerly known as 1402 and 1404 6th Street. (Mills/ Fargen) Motion to approve the site plan. (Fargen/Aiken) Amendment to the motion to state “Approval of the site plan but allowing an opportunity for the City and the developer to work out an agreement with either a privacy fence or enhanced living fence in the southeast corner and require transom windows on the north side to more closely achieve the 20% window glazing facade. All present voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. (Pierce/Mills) Motion to adjourn the meeting at 7:55 to reconvene in a different meeting room. All present voted aye. MOTION CARRIED. (Fargen/Mills) Motion to reconvene the meeting at 8:01 in Community Room #300. All present voted aye. MOTION CARRIED. Items #5c – The City of Brookings submitted amendments to Chapter 94, Zoning, pertaining to the inclusion of Cannabis Establishments as a use and corresponding supplemental regulations related to the siting of such Cannabis Establishments. (Pierce/Fargen) Motion to approve the amendments. (Aiken/Mills) Amendment to the motion to add the B-4 District to the Cannabis Dispensaries. Pierce voted no. All others voted aye. AMENDMENT CARRIED. Motion as amended was voted on. All present voted aye. MOTION CARRIED. The meeting adjourned at 8:32 p.m. _______________________ _________________________________ Ryan Miller, City Planner Ashley Biggar, Vice-Chairperson Planning Commission Brookings, South Dakota July 6, 2021 OFFICIAL SUMMARY Vice-Chairperson Ashley Biggar called the meeting of the City Planning Commission to order on Tuesday July 6, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, LeeAnn Pierce and Biggar. Absent were James Drew, Gregg Jorgenson and Jason Meusburger. Also present were Community Development Director Mike Struck, City Planner R yan Miller, Carla Kwasniewski, Mary Ann Peterson, Grant Leffelbein, Theodore Elverson, James Drew, and Jay Larsen. Item #4a – Kwasniewski’s recently purchased this property which had previously had a rental unit in the basement. This portion of the basement has a separate entrance providing direct access to the space where the application would like to have a hair salon. This type of home occupation will require two parking spaces and parking is sufficient for this request. The applicant will provide a walkway which will direct customers to the salon. Mills requested the requirements for the signage. Miller stated that in all residential districts you can have a maximum of 16 square feet of signage. Pierce asked if the signage could have lighting? Struck explained that they cannot have any electronic or illuminated signage in a residential district. Kwasniewski explained that she might put a sign up for a short period of time, but ultimately she doesn’t plan to keep a sign up. She does not plan to have much traffic but the parking in their driveway will be sufficient. Mills asked about the walk way that she plans to install? Kwasniewski stated that there is already a walk way installed. Peterson, 2038 Elmwood Drive, would like the permit to state that only one chair will be allowed in the salon. There is also a fire hydrant near this property. Miller stated that parking will not be an issue because off-street parking will be available. Item #4b – This item was tabled at the May 4, 2021 meeting. The request is for seven contractor shops on the first floor and four two-bedroom residential units on the second floor. The applicants have added some proposed covenants to the plan. This project has received a variance for a reduced buffer yard on the south side allowing for a 20’ setback rather than the required 30’ setback. The parking will be met based on the site plan provided and they do have two accesses onto the property. There is currently a house on the property that will be demolished. The request in being recommended for denial, from the Development Review Team, based on the incompatibly of uses. However, the applicants are willing to apply covenants to the property to satisfy some of the concerns. Leffelbein and Elverson noted that the building will be sprinkled and there will be a two-hour separation between the units. They also anticipate that most of the storage will be hobby storage and not used for contractor shops. They also feel that this project will bring additional residential/rental units closer to the downtown area. The plan is to keep storage clean and organized. They do not anticipate much traffic from the contractor’s that will be using these shops. Mills feels that the Planning Commission doesn’t have reason to deny this request. The applicant/property owners are the ones that will have to deal with renting out these properties and it is their concern. The applicants are trying to bring housing and affordable housing to town. Biggar asked if there are other developments like this around town. Miller stated no, not exactly like this one. Fargen asked if a residential house would be permitted in a B-3 District. Miller stated no, however “Mixed business/residential use” could be applied for through the Conditional Use Permit application process. Fargen also asked for clarification of where the twelve parking spaces are located, the site plan doesn’t show twelve spaces. Fargen is most concerned about chemicals and chemical storage in the contractor shops below. Leffelbein and Elverson stated that they would have to complete inspections to verify the OSHA rules are being followed. Pierce asked if City Staff could regulate the types of contractor shops that could be allowed in this development. Miller explained that this would be a large task. Item #5a – This is a redevelopment project on the corner of 6th Street and 5th Avenue. The proposal will be for a new building facing 6th Street. Parking is planned for the west and south sides of this building. The building will be setback 5’from the front (north) property line and 18’6” from the front (east) property line. Drew, representing the development, explained that they shifted the parking and the dumpster area based on a recommendation from the Development Review Team. With this shift, they were also able to add a green space island that ultimately increased the green space on the development. The landscaping plan is consistent with the landscaping regulations of the zoning ordinance with the exception of the 10’ planting strip along the 6th Street right-of-way however there is no front yard setback therefore the option exists for the developer to build up to the property line. Foundation plantings meet the zoning requirements and tree planting requirements will be accomplished with the plan. Aiken appreciates the plan and the work that was put into this plan to be presented to the Commission. Item #5b – This project is for the redevelopment of two lots located at 1402 and 1404 6th Street. These two lots have been combined and have been rezoned to a B-2 district. The plan is to build a coffee shop at this location. There will be one access coming off of 6th Street, into the parking area. There is a drive thru planned for this development also. A variance to the east side yard buffer yard was approved by the Board of Adjustment in April and the parking requirements are met for this plan. The developers plan to install a fence along the west and south property lines to provide a buffer between this development and the adjacent residential lots. An outdoor patio is planned for this development, which is allowed in the Commercial Corridor Overlay District. This plan does not meet the requirement of 20% window coverage on the 6th Street (north) side of the building. Mechanical equipment will be located on the roof of the property and the parapet roof aids in the screening of this equipment. Drew, representing CD Properties LLC, explained that they added a pedestrian sidewalk and screening from the transformer based on recommendations. He explained that they eliminated one access off of 6th Street to make this a user friendly spot. With this plan, they needed to move the drive-thru to the north side of the building which explained why they were not able to meet the window requirement on the 6th Street (north) side. Biggar asked how many cars will be able to be stacked in the drive-thru and exit lane? Aiken is also concerned about how vehicles will exit to the west and not cause a stacking issue. Struck explained that the Public Works Director doesn’t feel this will be an issue since there is a turn lane that could be utilized for the exit process. Aiken asked if the landscaping were to be dressed up, would this improve the view of the north side of the building. Mills feels that since the drive-thru on the north side will typically have a vehicle located at it, you won’t look directly at just the side of the building. Fargen is concerned about the view on the east side of the building more than the north side of the building. Drew stated that if the Commission feels that additional windows should be added; they could propose adding windows at a higher height on the north side. Fargen likes the idea and proposal that Drew offered to install the additional windows at the higher height. Aiken concurred. Jay Larsen, 1347 5th Street, doesn’t have an issue with the building but has issues with the site. He stated that they will be affected by the lighting, smells and noise coming from this business. Larsen feels that the site plan has changed since he last saw it. He spoke with the Parks and Recreation Director and they feel that the chain link fence will not be sufficient. Larsen would like to see the Commission require a fence that will increase the screening along the east side. Mills asked for clarification on this requirement that Larsen is proposing. Larsen stated that he would like the chain link fence replaced with a full size, full material fence to provide additional privacy. Struck did talk with the Dusty Rodiek, the Parks and Recreation Director, and he is concerned with the privacy on the east side of this development. He has no concerns with the setback but would like to see the chain link fence be replaced with something that will provide the additional privacy. Larsen is also concerned that there isn’t any green space other than along the lot lines and along the north side. Fargen asked for clarification of the fencing that Drew plans to install. Drew explained that there is 6- foot vinyl fencing along the south on the east end of this lot and he will plan to attach to that fence and continue to the west, across the south and connect with a fence that will be installed along the west side. Drew isn’t sure what type of fence Larsen is requesting be installed along the east side. Larsen stated that the site line isn’t their concern, it’s the smells, lighting and privacy and therefore they would like to see a privacy fence installed. Pierce asked if the current 6-foot fence along the south side helps buffer the headlights? Larsen explained that their property sits higher than this area being developed so therefore they will be affected by headlights. Aiken wondered if shrubbery could be used instead of fencing. Larsen stated that since the developers were granted a 5-foot buffer yard variance, there won’t be room for shrubbery. Pierce feels that the Commission should require fencing around the perimeter of this site along with the six tree plantings along the south side. Fargen wonders if the biggest concern is just the southeast corner of the fencing and if just this portion should be required to be replaced/installed. Drew again explained that there will be a fence along the whole south side and the east side already has a slatted chain link fence. Drew stated that they would be willing to install a 6-foot privacy fence from the south east corner going north and ending at the south end of the building. Item #5c – Struck explained that this is a new Zoning Ordinance that has been written by City Staff and the City Attorney. The City looked at this and didn’t reference this ordinance as “medical.” The proposed ordinance identifies different types of cannabis establishments, appropriate zoning districts for each type of establishment and buffer distances. The Dispensary regulations were drafted in a manner to closely align with a pharmacy use and the proposed zoning districts customarily associated with retail/pharmacy. Cannabis testing facilities, product manufacturing facilities, and cultivation facilities are proposed in the Industrial I-1 district. These uses closely resemble other business uses in this area due to size, needs and odors. This ordinance applies to the zoning and not the licensing requirements. A cannabis dispensary shall be considered a permitted use in the B-1, B-2, B-2A and B-3 Heavy District. Additionally, a dispensary shall not operate within 300’ of an educational institution, religious institution, preschool or detention facility. In all the listed districts, other than the B-1 Central District, only 1 cannabis dispensary shall be allowed within 1,000 feet of each other. Aiken feels that the B-4 district should also be in this ordinance. Mills agrees. The meeting adjourned at 8:32 p.m. ______________________ __________________________ Ryan Miller, City Planner Ashley Biggar, Vice-Chairperson City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0361,Version:1 Public Hearing and Action on a Temporary Alcohol Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota for the SDSU College of Engineering Fall Kickoff Reception to be held on August 19, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Summary: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for the SDSU College of Engineering Fall Kickoff Reception to be held August 19, 2021, at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 27, 2021 Subject: Temporary Alcohol Application: Aramark Educational Services, LLC Person(s) Presenting: Bonnie Foster, City Clerk Summary: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for the SDSU College of Engineering Fall Kickoff Reception to be held August 19, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Item Details: Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for the SDSU College of Engineering Fall Kickoff Reception to be held August 19, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. Legal Consideration: City Attorney Steve Britzman has reviewed the application. Strategic Plan Consideration: Service and Innovation Excellence– performance mgmt., governance, operations, intergovernmental relations, policy review Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval. Supporting Documentation: Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public heari ng at 6:00 p.m., Tuesday, July 27, 2021, in the Brookings City & County Government Center, 520 Third Stree t, to consider a Temporary Alcohol License Application from Aramark Educational Services, LLC, to operate within the City of Brookings, South Dakota, for the College of Engineering Fall Kickoff Reception to be held August 19, 2021 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 16th day of July, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost: $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-062,Version:1 Action on Resolution 21-062, a Resolution amending the Consolidated Fee Schedule. Summary:This resolution will update Bob Shelden Field Rental Fees, Contract Police Reserve Officer Security Fees, and False Security Alarm Fees. Recommendation: Staff recommends approval. Attachments: Memo Resolution Consolidated Fee Schedule - Marked Consolidated Fee Schedule - Clean City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ashley Rentsch, Deputy Finance Manager Council Meeting: July 27, 2021 Subject: Resolution 21-062, a Resolution Amending the Consolidated Fee Schedule Person(s) Responsible: Erick Rangel, CFO Dusty Rodiek, Parks, Recreation & Forestry Director Dave Erickson, Police Chief Summary: This resolution will update Bob Shelden Field Rental Fees, Contract Police Reserve Officer Security Fees, and False Security Alarm Fees. Background: The City of Brookings charges fees to offset operational expenses and ensure the financial sustainability of programs and services. Staff aggregated all City fees into the Consolidated Fee Schedule, which was adopted by City Council as part of the 2021 Budget process. The Consolidated Fee Schedule is revised two times a year and updated to ensure City fees are up-to-date and align with current markets. Item Details: The City of Brookings charges fees for a variety of activities within the Parks and Recreation Department to offset operational expenses. Departmental fees are evaluated biannually, with proposed changes being reviewed by the Parks, Recreation & Forestry Advisory Board. Following the completion of the Bob Shelden Athletic Complex upgrades, Parks Department staff has determined rental rates per game for college baseball (SDSU and outside teams), adult baseball, practice and special events, and a security deposit. All of these fees are new, and they will allow for the exclusive use of the playing field, press box, concession area, and offset the costs of preparation and cleaning. These fees are consistent with the Park Master Plan findings which indicated residents support fees for adult sports and recreational programming. Comparable rates for similar communities were researched and reviewed. The proposed fees maintain consistency with “like” services in the market area and will more effectively support operations and reduce the level of subsidy required to provide services. The proposed fees were approved by the Park Advisory Board at their April 6, 2021 meeting. The Police Department added a Contract Police Officer Security Fee per hour for reserve officers to distinguish from the cost for contracting full-time officers for these services. The Police Department has also added False Security Alarm Fees to offset the costs of responding to these calls. The False Security Alarm Fees will be effective upon passage of a corresponding ordinance. Legal Consideration: None. Strategic Plan Consideration: These fee schedule updates support Fiscal Responsibility by offsetting the cost of providing services and maintaining facilities with adequate user fees. Those who benefit from the services or utilize the facilities will incur the costs, rather than subsidizing them with other General Fund revenues. Financial Consideration: Fees have been established for Bob Shelden Athletic Complex rentals, which will offset field maintenance costs. Rates have been established for contracting reserve officers for security and responding to false alarms, which will offset the costs of providing services and responding to calls. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a study session 4. Deny 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Consolidated Fee Schedule – Marked Consolidated Fee Schedule – Clean Resolution 21-062 Resolution Amending the Consolidated Fee Schedule W hereas, the adopted Municipal Code and City Policies make references to fees charged; and W hereas, it is prudent that the fees be reviewed for cost effectiveness . Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following Consolidated Fee Schedule as defined in the attached schedule. Dated at Brookings, SD, this 27th day of July, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________________ Bonnie Foster, City Clerk City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Airport Land Lease Per Square Foot For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13 $0.13 0% For Commercial Hangars 19-075 Sec. 18-42 $0.17 $0.17 0% Late Fee Payment (After 30 Days)19-075 Sec. 18-42 3% of lease 3% of lease Fuel Flowage Per Gallon FBO 19-075 Sec. 18-42 $0.06 $0.06 0% Per Gallon Others 19-075 Sec. 18-42 $0.06 $0.06 0% Late Payment (after the 12th day of the month)3% of net gallons 3% of net gallons 0% Crop Land Lease 19-075 Sec. 18-42 Based on Bid Based on Bid Tie Down Fee Per Day for Tie Down 3 Days or Longer (Collected by FBO with a 10% Collection Fee)19-075 Sec. 18-42 $25.00 $25.00 0% Hangar/Aerial Application Fee 19-075 Sec. 18-42 $25.00 $50.00 100% Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00 $50.00 0% ARFF Fee 19-075 Sec. 18-42 $100.00 $100.00 0% Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 0% Collection Fee) Light/Mid Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $20.00 $20.00 0% Supermid/Heavy Jet 19-075 Sec. 18-42 $40.00 $40.00 0% Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00 $250.00 0% Labor Rates (Per Hour/1 Hour Minimum) With Equipment 19-075 Sec. 18-42 $75.00 $75.00 0% Without Equipment 19-075 Sec. 18-42 $50.00 $50.00 0% Escort Fee 19-075 Sec. 18-42 $20.00 $20.00 0% Self Fueling Permit Sec. 18-42 $100.00 $100.00 0% Gate Card 19-075 Sec. 18-42 $10.00 $20.00 100% Late Fee Payment (After 30 Days)Sec. 18-42 3% of amount due 3% of amount due 0% Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00 $45.00 0% City Clerk Circuses/Carnivals Each Circus Per Day 19-075 Sec. 26-35 $75.00 $75.00 0% Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00 $25.00 0% Commercial Garbage Haulers License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% House Movers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Plumbing Contractor License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% Vehicles for Hire First vehicle for hire per year 19-075 Sec. 26-35 $25.00 $25.00 0% Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00 $10.00 0% Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00 $100.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00 $5.00 0% Transportation Network Company License 19-075 Sec. 26-282 $250.00 $250.00 0% License - New Drivers 19-075 Sec. 26-282 $25.00 $25.00 0% Per Year 19-075 Sec. 26-282 $15.00 $15.00 0% Food Truck (Per Year)19-075 Sec. 26-424 $75.00 $75.00 0% Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00 $50.00 0% Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00 $75.00 0% Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00 $25.00 0% Cost for Copies Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25 $0.25 0% 11" x 17" (Per Page)19-075 Sec. 3-03 $0.50 $0.50 0% Code Enforcement Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00 $45.00 0% Rental Dwelling License Inspection Fees (Per Structure) First and Second Inspection 19-075 Sec. 22-405 $0.00 $0.00 Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00 $50.00 0% Collection/Landfill Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00 $18.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax) 1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00 $90.00 0% Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00 $115.00 0% Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00 $140.00 0% Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00 $165.00 0% Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00 $190.00 0% Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00 $217.00 0% Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00 $243.00 0% Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00 $268.00 0% Dumpster Charges - Additional Pick Up 1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00 $29.00 0% Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00 $47.00 0% Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00 $58.00 0% 240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00 $5.00 0% Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Service Area Fee 19-075 Sec. 70-203 $9.50 $9.50 0% Uncovered Load Fee 19-075 Sec. 70-203 $10.00 $10.00 0% 500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00 $5.00 0% Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00 $15.00 0% Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50 $7.50 0% Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00 $12.00 0% Mobile Homes 19-075 Sec. 70-203 $250.00 $250.00 0% Tires ATV 19-075 Sec. 70-203 $2.00 $2.00 0% Car 19-075 Sec. 70-203 $4.00 $4.00 0% Pickup 19-075 Sec. 70-203 $6.00 $6.00 0% Tire on Rim 19-075 Sec. 70-203 $8.00 $8.00 0% Truck 19-075 Sec. 70-203 $13.00 $13.00 0% Tractor 19-075 Sec. 70-203 $35.00 $35.00 0% Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours 20-045 $1.00 $1.00 0% Hourly Rate for Over Three (3) Hours 20-045 $2.00 $2.00 0% City of Brookings and Brookings County Use 20-045 Exempt Exempt Engineering - Residential Building Permit Fees The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings - Single-family dwellings, duplexes, townhouses Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $70.00 $85.00 21% Finished Basements Per Square Foot 19-075 Sec. 22-35 $30.00 $40.00 33% Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $18.00 $25.00 39% Attached Garages Per Square Foot 19-075 Sec. 22-35 $20.00 $25.00 25% Detached Garages Per Square Foot 19-075 Sec. 22-35 $18.00 $20.00 11% Building Permit Fee Schedule Group R-3 and U Occupancies Only Total Valuation $1.00 to 1,200.00 19-075 Sec. 22-35 $20.00 $20.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change $1,200.01 to 2,000.00 19-075 Sec. 22-35 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 0% $2,000.01 to $25,000.00 19-075 Sec. 22-35 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00.0% $25,000.01 to 50,000.00 19-075 Sec. 22-35 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. 0% $50,000.01 to 100,000.00 19-075 Sec. 22-35 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. 0% $100,000.01 and Up 19-075 Sec. 22-35 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof 0% Commercial Building Permit Fees The value to be used in computing the building permit fee for all commercial construction, remodeling, renovation, and repairs shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site improvements and parking lot costs. 19-075 Sec. 22-35 0% Total Valuation 19-075 Sec. 22-35 City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change $100,000.01 to 500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 0% $500,000.01 to 1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 0% $1,000,000.00 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof.0% Other Inspection Fees Inspection: sidewalks & curb ramps Sec. 22-35 $0.00 $25.00 New Fee Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00 $50.00 0% Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00 $50.00 0% Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00 $50.00 0% One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft.19-075 Sec. 22-35 $25.00 $30.00 20% Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $25.00 $30.00 20% Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R- 3 Uses 19-075 Sec. 22-35 $25.00 $30.00 20% Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00 $200.00 0% Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00 $50.00 0% Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00 $50.00 0% Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00 $75.00 0% Work commencing before permit issuance: The minimum investigation fee shall be equal to the amount of the permit fee required by code.19-075 Sec. 22-35 0% Fire Fire Protection System Fees City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Retrofitted Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Kitchen Hood Extinguishing Systems 19-075 Sec. 34-81 $90.00 $90.00 0% Kitchen Hood Extinguishing Systems Modification 19-075 Sec. 34-81 $45.00 $45.00 0% Clean Agent or Other Total Flooding System (Per Square Foot)19-075 Sec. 34-81 $0.20 $0.20 0% Fire Alarm Systems 19-075 Sec. 34-81 $75.00 plus $.45 per each ignition and signaling device $75.00 plus $.45 per each ignition and signaling device Fire Alarm System Modifications 19-075 Sec. 34-81 $37.50 plus $.45 per each ignition and signaling device $37.50 plus $.45 per each ignition and signaling device False Alarm Fire Calls When Trucks Roll First Call 19-075 $0.00 $0.00 Second Call 19-075 $50.00 $50.00 0% Third Call 19-075 $100.00 $100.00 0% Flammable and Combustible Liquid Fees Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00 $90.00 0% Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00 $45.00 0% Site Plan Review Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00 $45.00 0% Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Fire Incident Reports 19-075 Sec. 3-03 $10.00 $10.00 0% Industrial Land Crop Land Lease 19-075 Based on Bid Library Out of County Library Card Per Individual 19-075 Sec. 54-32 $35.00 $35.00 0% Per Family 19-075 Sec. 54-32 $45.00 $45.00 0% Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25 $2.25 0% Fines (Per Day Books)19-075 Sec. 54-32 $0.10 $0.10 0% Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00 $1.00 0% Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00 $5.00 0% Parks, Recreation, and Forestry Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00 $65.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Mowing (First Hour)19-075 Sec. 62-89 $150.00 $150.00 0% Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00 $85.00 0% Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00 $125.00 0% Sidewalk Snow Removal (First Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00 $125.00 0% Sidewalk Snow Removal (Second Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00 $175.00 0% DED Removal/BMU Line Clearance 19-075 Sec. 62-170 Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00 $160.00 0% Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00 $130.00 0% Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00 $70.00 0% Equipment Rental Rates Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00 $25.00 0% Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00 $50.00 0% Ball Field Rental Rates Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00 $75.00 0% Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00 $35.00 0% Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00 $65.00 0% Bob Shelden Field Rental - per game - College baseball - outside teams $325.00 0% Bob Shelden Field Rental - per game - SDSU College baseball $250.00 0% Bob Shelden Field Rental - per game - Adult baseball $100.00 0% Bob Shelden Field Rental - per game - practice/special events $25.00 0% Bob Shelden Field Rental - per game - Penalty/Deposit - seeds, tobacco, gum $250.00 0% Fishback Soccer Park Rental Rates Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00 $25.00 0% Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00 $120.00 0% Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 $60.00 0% Family of Three (3)19-075 Sec. 62-45 $150.00 $150.00 0% Additional Family 19-075 Sec. 62-45 $25.00 $25.00 0% Daily Admission 19-075 Sec. 62-45 $6.00 $6.00 0% Discount Cards 19-075 Sec. 62-45 $54.00 $54.00 0% Larson Ice Center Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00 $140.00 0% Non groomed ice 19-075 Sec. 62-45 $100.00 $100.00 0% Dryland training 19-075 Sec. 62-45 $60.00 $60.00 0% Daily Admission 19-075 Sec. 62-45 $4.00 $5.00 25% Punch Card 19-075 Sec. 62-45 $25.00 $45.00 80% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Skate/Helmet Rental 19-075 Sec. 62-45 $3.00 $5.00 67% Adult Hockey 19-075 Sec. 62-45 $10.00 $10.00 0% Adult Leagues Sand Volleyball League 19-075 Sec. 62-45 $60.00 $60.00 0% Adult Kickball League 19-075 Sec. 62-45 $60.00 $60.00 0% Fall Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Winter Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Both Volleyball Sessions 19-075 Sec. 62-45 $305.00 $305.00 0% Coed Volleyball 19-075 Sec. 62-45 $205.00 $205.00 0% Basketball 19-075 Sec. 62-45 $205.00 $205.00 0% Reservations Community Gardens (Per Season)19-075 Sec. 62-45 $30.00 $30.00 0% 5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00 $20.00 0% Picnic Shelter Reservations Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00 $15.00 0% Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00 $25.00 0% Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00 $20.00 0% Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00 $30.00 0% Larson Nature Center Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00 $200.00 0% Classroom (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Building (Per Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Equipment Rental (Per Hour) - Kayaks, Bikes, Paddleboards)19-075 Sec. 62-45 $5.00 $7.00 40% Camping Camp Site with Electricity 19-075 Sec. 62-45 $25.00 $25.00 0% Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00 $10.00 0% Recreation Programs Red Cross Lessons - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Wee Waders - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Junior Lifeguarding - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00 $25.00 0% Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00 $33.00 0% Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00 $45.00 0% Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00 $27.00 0% Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00 $19.00 0% Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00 $24.00 0% Learn to Skate 30 minutes - Early Bird 19-075 Sec. 62-45 $30.00 $30.00 0% 45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% 60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00 $50.00 0% Red Cross Lessons 19-075 Sec. 62-45 $41.00 $41.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Wee Waders 19-075 Sec. 62-45 $41.00 $41.00 0% Junior Lifeguarding 19-075 Sec. 62-45 $46.00 $46.00 0% Aqua Aerobics 19-075 Sec. 62-45 $31.00 $31.00 0% First Tee Golf Program 19-075 Sec. 62-45 $95.00 $95.00 0% Little Duffers 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Golf Lessons 19-075 Sec. 62-45 $40.00 $40.00 0% Junior Tennis Academy 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Tennis Lessons 19-075 Sec. 62-45 $60.00 $60.00 0% Tee Ball 19-075 Sec. 62-45 $50.00 $50.00 0% Kickstart Soccer 19-075 Sec. 62-45 $35.00 $35.00 0% Fishin' Fridays 19-075 Sec. 62-45 $24.00 $24.00 0% Kayaking Class 19-075 Sec. 62-45 $30.00 $30.00 0% Learn to Skate 30 minutes 19-075 Sec. 62-45 $40.00 $40.00 0% 45 Minutes 19-075 Sec. 62-45 $50.00 $50.00 0% 60 Minutes 19-075 Sec. 62-45 $60.00 $60.00 0% Planning and Zoning Change of Zone 19-075 Sec. 66-29 $250.00 $250.00 0% Planned Development District 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan 19-075 Sec. 66-29 $100.00 $100.00 0% Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 $100.00 0% Board of Adjustment 19-075 Sec. 94-42 $150.00 $150.00 0% Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00 $200.00 0% Final Plats 19-075 Sec. 66-29 $160.00 $160.00 0% Vacation 19-075 Sec. 66-29 $150.00 $150.00 0% I-1R Site Plan 19-075 Sec. 66-29 $150.00 $150.00 0% Conditional Use 19-075 Sec. 66-29 $250.00 $250.00 0% Annexation 19-075 $150.00 $150.00 0% Zoning & Use Registration Permit 19-075 Sec. 66-29 $60.00 $75.00 25% Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00 $20.00 0% Tax Increment Financing Application 19-075 $1,000.00 $1,000.00 0% Permanent Signs Square Feet From 0 to less than 30 19-075 Sec. 94-467 $30.00 $30.00 0% From 30 to less than 60 19-075 Sec. 94-467 $35.00 $35.00 0% From 60 to less than 90 19-075 Sec. 94-467 $40.00 $40.00 0% From 90 to less than 120 19-075 Sec. 94-467 $45.00 $45.00 0% From 120 to less than 150 19-075 Sec. 94-467 $50.00 $50.00 0% From 150 to less than 180 19-075 Sec. 94-467 $55.00 $55.00 0% From 180 to less than 210 19-075 Sec. 94-467 $60.00 $60.00 0% From 210 to less than 240 19-075 Sec. 94-467 $65.00 $65.00 0% From 240 to less than 270 19-075 Sec. 94-467 $70.00 $70.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change From 270 to less than 300 19-075 Sec. 94-467 $75.00 $75.00 0% From 300 to less than 330 19-075 Sec. 94-467 $80.00 $80.00 0% From 330 to less than 360 19-075 Sec. 94-467 $85.00 $85.00 0% From 360 to less than 390 19-075 Sec. 94-467 $90.00 $90.00 0% From 390 to less than 420 19-075 Sec. 94-467 $95.00 $95.00 0% From 420 to less than 450 19-075 Sec. 94-467 $100.00 $100.00 0% From 450 to less than 480 19-075 Sec. 94-467 $105.00 $105.00 0% From 480 to less than 510 19-075 Sec. 94-467 $110.00 $110.00 0% From 510 to less than 540 19-075 Sec. 94-467 $115.00 $115.00 0% From 540 or more 19-075 Sec. 94-467 $120.00 $120.00 0% Non- Permanent Signs 19-075 Sec. 94-467 $20.00 $20.00 0% Portable Signs Per Week 19-075 Sec. 94-467 $20.00 $20.00 0% Portable Signs Per Month (Maximum Permit Period Shall Not Carry Over from One Permit Period to the Next)19-075 Sec. 94-467 $50.00 $50.00 0% Banner Signs 19-075 Sec. 94-467 Exempt Parking in Municipal Lots Permitted Parking in Municipal Parking Lots Six-Month Permit 19-075 Sec. 82-525 $100.00 $100.00 0% Annual Permit 19-075 Sec. 82-525 $180.00 $180.00 0% Police Department Moving of Structure Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00 $50.00 0% Contract Police Officer Security Per Reserve Officer, Per Hour $35.00 0% Per Officer, Per Hour $45.00 $50.00 False Security Alarm 0% First Call $0.00 0% Second Call $50.00 0% Third Call $100.00 0% 0% Accident Reports Per Report 19-075 Sec. 3-03 $5.00 $5.00 0% Pictures (Each)19-075 Sec. 3-03 $4.00 $4.00 0% Storm Drainage Unit Financial Charge 19-075 Sec. 72-20 0.000625 0.000625 0% Street Department Sign Repairs (Traffic Accidents and Vandalism)19-075 Replacement Cost, Labor, Sales Tax, and Excise Tax Replacement Cost, Labor, Sales Tax, and Excise Tax Street Repairs 19-075 Material Replacement Cost Material Replacement Cost City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. 19-075 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total Article 1 In General 19-075 14-2 Unwanted animals (per head acceptance fee)$20.00 $0.00 $20.00 19-075 14-3 Disturbance of Peace $30.00 $72.50 $102.50 19-075 14-4 Animals on school grounds, property or recreation areas $30.00 $72.50 $102.50 19-075 14-6 Number of pets limited $25.00 $72.50 $97.50 19-075 14-7 Unattended animals in standing vehicles $60.00 $72.50 $132.50 19-075 14-8 Stray, abandoned or unkempt animals $30.00 $72.50 $102.50 19-075 14-9 Public nuisance $30.00 $72.50 $102.50 Article 2 Cruelty to Animals and Related Charges 19-075 14-41 Cruelty to animals - generally $125.00 $72.50 $197.50 19-075 14-42 Teasing, baiting, or harassing animals $30.00 $72.50 $102.50 19-075 14-43 Humane care of animals $30.00 $72.50 $102.50 19-075 14-44 Poisoning of animals $125.00 $72.50 $197.50 19-075 14-45 Instigating or allowing fights between animals $250.00 $72.50 $322.50 19-075 14-47 Restraint of animal in vehicle $30.00 $72.50 $102.50 Article 3 Domestic Animals (Dogs and Cats Excepted) 19-075 14-81 Proximity of livestock to dwellings $30.00 $72.50 $102.50 19-075 14-82 Proximity of fowl to dwellings $30.00 $72.50 $102.50 19-075 14-83 Swine (per head)$30.00 $72.50 $102.50 19-075 14-84 Sanitary condition required $30.00 $72.50 $102.50 19-075 14-85 Keeping of Bees - prohibited $60.00 $72.50 $132.50 19-075 14-86 Pigeons $30.00 $72.50 $102.50 19-075 14-87 Livestock running at large (per head)$30.00 $72.50 $102.50 19-075 14-88 Fowl at large (per head)$30.00 $72.50 $102.50 19-075 14-89 Picketing $30.00 $72.50 $102.50 19-075 14-90 Keeping of game birds prohibited $30.00 $72.50 $102.50 Article 4 Division 1 Dogs and Cats - Generally 19-075 14-121 Dogs running at large 19-075 1st unlicensed $30.00 $72.50 $102.50 19-075 1st licensed $15.00 $72.50 $87.50 19-075 2nd offense $40.00 $72.50 $112.50 19-075 3rd and subsequent offenses $60.00 $72.50 $132.50 19-075 14-122 Impoundment of dogs (per impoundment)$25.00 $72.50 $97.50 Animal Control City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 14-123 Disturbing of the peace $30.00 $72.50 $102.50 19-075 14-125 Defecation disposal $30.00 $72.50 $102.50 19-075 14-126 Vicious or biting dog 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-127 Guard dogs (failure to post warning)$60.00 $72.50 $132.50 14-128 Sanitary conditions required $30.00 $72.50 $102.50 Article 4 - Division 2 Dogs and Cats - Licensing Requirements 19-075 14-151 License required $30.00 $72.50 $102.50 19-075 14-153 Rabies vaccination required $60.00 $72.50 $132.50 19-075 14-154 City License Fee (Altered)$10.00 $72.50 $82.50 19-075 14-154 City License Fee (Unaltered)$15.00 $72.50 $87.50 19-075 14-157 Dog or cat to wear tag $15.00 $72.50 $87.50 Article 4 - Division 3 Dogs and Cats - Impoundment and Redemption 19-075 14-182 Impoundment fees (per head)$25.00 $72.50 $97.50 Per day feed/care $20.00 $72.50 $92.50 19-075 14-186 Alternate Procedure $30.00 $72.50 $102.50 19-075 14-187 Pickup and transportation fee $30.00 $72.50 $102.50 19-075 Article 5 Wild or Dangerous Animals 19-075 14-221 Registration required $60.00 $72.50 $132.50 19-075 14-223 Running at large 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-224 Wild, hybrid or dangerous animals prohibited (fine & Seizure)$125.00 $72.50 $197.50 19-075 14-227 Owner to report escape of dangerous animals or animals not indigenous to State $125.00 $72.50 $197.50 19-075 14-229 Public nuisance (possession of wild, hybrid or dangerous animals prohibited)$125.00 $72.50 $197.50 19-075 14-230 Animals declared as a biting, dangerous or vicious animal prohibited $125.00 $72.50 $197.50 19-075 Article 6 - Division 1 Pet Shelters - Generally 19-075 14-263 Commercial pet shelter prohibited $30.00 $72.50 $102.50 19-075 14-264 Number of pets $60.00 $72.50 $132.50 19-075 14-265 Adequate facilities required $30.00 $72.50 $102.50 19-075 Article 6 - Division 2 Pet Shelters - License City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 14-291 License required $30.00 $72.50 $102.50 Miscellaneous Offenses 19-075 6-3 Open Container (Alcoholic Beverage) (Beer, Wine, Liquor in Vehicle or on Street $60.00 $72.50 $132.50 19-075 6-142 Attempt to Purchase $60.00 $72.50 $132.50 19-075 6-143 Misrepresentation of Age $60.00 $72.50 $132.50 19-075 6-73 Possession of Keg Restricted $60.00 $72.50 $132.50 19-075 70-35 Littering $60.00 $72.50 $132.50 19-075 58-33 Resisting an Officer $60.00 $72.50 $132.50 19-075 58-36 Fleeing from a Police Officer $60.00 $72.50 $132.50 19-075 58-161 Public Urination $60.00 $72.50 $132.50 19-075 58-162 Disturbing the Peace - House Parties 19-075 58-162 First Offense $60.00 $72.50 $132.50 19-075 58-162 Second Offense (Within One (1) Year Period)$100.00 $72.50 $172.50 19-075 58-162 Third Offense (Within One (1) Year Period)$200.00 $72.50 $272.50 19-075 62-180 Hours Parks Open to the Public $60.00 $72.50 $132.50 19-075 70-37 Littering $60.00 $72.50 $132.50 19-075 70-107 Location of Collection Containers $30.00 $72.50 $102.50 19-075 74-141 - 74-149 Excavation Offenses $100.00 $72.50 $172.50 19-075 74-211 Failure to Remove Snow from Sidewalk $60.00 $72.50 $132.50 19-075 82-312 Texting While Driving $60.00 $72.50 $132.50 Parking Offenses with Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $35.00 $72.50 $107.50 19-075 82-427 Places Where Standing and Parking is Prohibited $35.00 $72.50 $107.50 19-075 82-428 Places Where Stopping is Prohibited $35.00 $72.50 $107.50 19-075 82-432 Parking in Excess of 72 Hours $35.00 $72.50 $107.50 19-075 82-433 Parking in Alleys $35.00 $72.50 $107.50 19-075 82-461 Designation of Prohibited Parking $35.00 $72.50 $107.50 19-075 82-462 Designation of Limited Parking $35.00 $72.50 $107.50 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$35.00 $72.50 $107.50 19-075 82-464 Parking at Night in Business Section $35.00 $72.50 $107.50 19-075 82-465 Parking Prohibited During Snow Removal $50.00 $72.50 $122.50 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $72.50 $172.50 19-075 82-521 Maximum Duration of Parking $35.00 $72.50 $107.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 94-431(2)Front Yard Parking Prohibited $35.00 $72.50 $107.50 Parking Offenses If Paid Within 72 Hours/Without Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $30.00 $0.00 $30.00 19-075 82-427 Places Where Standing and Parking is Prohibited $30.00 $0.00 $30.00 19-075 82-428 Places Where Stopping is Prohibited $30.00 $0.00 $30.00 19-075 82-432 Parking in Excess of 72 Hours $30.00 $0.00 $30.00 19-075 82-433 Parking in Alleys $30.00 $0.00 $30.00 19-075 82-462 Designation of Limited Parking $30.00 $0.00 $30.00 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$30.00 $0.00 $30.00 19-075 82-464 Parking at Night in Business Section $30.00 $0.00 $30.00 19-075 82-465 Parking Prohibited During Snow Removal $40.00 $0.00 $40.00 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $0.00 $100.00 19-075 82-521 Maximum Duration of Parking $30.00 $0.00 $30.00 19-075 94-431(2)Front Yard Parking Prohibited $20.00 $0.00 $20.00 Traffic Driving Offenses 19-075 82-127 Failure to Comply with Warning Ticket $60.00 $72.50 $132.50 19-075 82-167 Traffic Signals $60.00 $72.50 $132.50 19-075 82-203 Duty to Provide Information $60.00 $72.50 $132.50 19-075 82-206 Unattended Vehicle $60.00 $72.50 $132.50 19-075 82-207 Property Damage $60.00 $72.50 $132.50 19-075 82-208 Immediate Notice $60.00 $72.50 $132.50 19-075 82-241 Driver's License Violation $60.00 $72.50 $132.50 19-075 82-242 Age of Driver $60.00 $72.50 $132.50 19-075 82-243 License Plate Violation $60.00 $72.50 $132.50 19-075 82-244 Maximum Passengers $60.00 $72.50 $132.50 19-075 82-246 Driving on Sidewalk $60.00 $72.50 $132.50 19-075 82-247 Exhibition Driving $60.00 $72.50 $132.50 19-075 82-248 Following Too Closely $60.00 $72.50 $132.50 19-075 82-249 Following Fire Apparatus $60.00 $72.50 $132.50 19-075 82-251 Unsafe Backing $60.00 $72.50 $132.50 19-075 82-252 Driving Over Fire Hose $60.00 $72.50 $132.50 19-075 82-271 Driving on Left Side of Street $60.00 $72.50 $132.50 19-075 82-276 Driving on Divided Highway $60.00 $72.50 $132.50 19-075 82-277 Overtaking Vehicles/Pass to Left Required; Cutting in Front $60.00 $72.50 $132.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 82-279 Passing in No Passing Zone $60.00 $72.50 $132.50 19-075 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed $60.00 $72.50 $132.50 19-075 82-303 82-304 82-305 Exceeding Limits Maximum Speed Speed Zones 1-5 MPH Over Speed Limit $19.00 $72.50 $91.50 6-10 MPH Over Speed Limit $39.00 $72.50 $111.50 11-15 MPH Over Speed Limit $59.00 $72.50 $131.50 16-20 MPH Over Speed Limit $79.00 $72.50 $151.50 21-25 MPH Over Speed Limit $99.00 $72.50 $171.50 Over 25 MPH Over Speed Limit (Court Appearance)$154.00 $72.50 $226.50 19-075 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit $34.00 $72.50 $106.50 6-10 MPH Over Speed Limit $74.00 $72.50 $146.50 11-15 MPH Over Speed Limit $114.00 $72.50 $186.50 16-20 MPH Over Speed Limit $154.00 $72.50 $226.50 21-25 MPH Over Speed Limit $194.00 $72.50 $266.50 Over 25 MPH Over Speed Limit (Court Appearance)$200.00 $72.50 $272.50 19-075 82-309 Reckless Driving $70.00 $72.50 $142.50 19-075 82-310 Careless Driving $60.00 $72.50 $132.50 82-312 Texting While Driving $100.00 $72.50 $172.50 19-075 82-332 Right Turn $60.00 $72.50 $132.50 19-075 82-333 Left Turn $60.00 $72.50 $132.50 19-075 82-334 U-Turn Restricted $60.00 $72.50 $132.50 19-075 82-337 Cutting Corner $60.00 $72.50 $132.50 19-075 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily $60.00 $72.50 $132.50 19-075 82-365 Vehicle Entering Stop Intersection $60.00 $72.50 $132.50 19-075 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping $60.00 $72.50 $132.50 19-075 82-367 Obedience to Stop and Yield $60.00 $72.50 $132.50 19-075 82-369 Stop at Railroad Crossing Signal $60.00 $72.50 $132.50 19-075 82-392 Obedience (One Way Streets and Alleys)$60.00 $72.50 $132.50 19-075 82-424 Manner of Use of Diagonal Parking Spaces $60.00 $72.50 $132.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 82-561 Lights on Vehicle $60.00 $72.50 $132.50 19-075 82-563 Obstruction of Vision $60.00 $72.50 $132.50 19-075 82-565 Exhaust System $60.00 $72.50 $132.50 19-075 82-603 Pedestrian Right-of-Way $60.00 $72.50 $132.50 19-075 82-605 Jaywalking $60.00 $72.50 $132.50 19-075 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way $60.00 $72.50 $132.50 19-075 82-684 Operation of Snowmobiles on Public Property $60.00 $72.50 $132.50 19-075 82-721 Clinging to Moving Vehicles $60.00 $72.50 $132.50 19-075 82-751 Bicycle Offense $25.00 $72.50 $97.50 19-075 82-842 Driving Through Processions $60.00 $72.50 $132.50 Housing and Zoning Offenses 19-075 22-374 Agent Required $60.00 $72.50 $132.50 19-075 22-401 Licensing of Leased Dwelling Units $60.00 $72.50 $132.50 19-075 22-402 Filing of Application Forms $60.00 $72.50 $132.50 19-075 22-405 Payment of License Fees $60.00 $72.50 $132.50 19-075 22-432 Failure to Comply with Smoke Detector Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-433 Failure to Comply with Exit Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-434 Failure to Comply with Parking Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 94-123(c) 94-124(c) 94-125(c) 94-126(c) 94-127(c) 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinances Violations First Offense $200.00 $72.50 $272.50 Second Offense $200.00 $72.50 $272.50 City of Brookings Edgebrook Golf Course Rates Fee Description Early Bird Regular Unlimited Golf Youth 190.00 225.00 Young Adult 465.00 550.00 Senior/Veteran 465.00 550.00 Young Adult Couple 520.00 610.00 Senior Couple 520.00 610.00 Individual 550.00 650.00 Couples 630.00 750.00 Family 720.00 850.00 College Student 255.00 300.00 Unlimited Golf + Half Cart Package Young Adult 725.00 850.00 Senior/Veteran 725.00 850.00 Young Adult Couple 780.00 920.00 Senior Couple 780.00 920.00 Individual 745.00 875.00 Couples 805.00 950.00 Family 850.00 1,000.00 College Student 455.00 535.00 Punch Cards 10/18 Hole Rounds 240.00 10/9 Hole Rounds 185.00 10/Par 3 Course Rounds 55.00 Green Fees 9 holes 16.00 18 holes 24.00 9 holes (Weekday - Senior/Veterans) 13.00 18 holes (Weekday - Senior/Veterans) 20.00 Carts Fees 9 holes 10.00 18 holes 15.00 Driving Range Bucket of range balls 5.00 Add on to membership - Individual 150.00 Add on to membership - Family/Couple 200.00 City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Airport Land Lease Per Square Foot For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13 $0.13 0% For Commercial Hangars 19-075 Sec. 18-42 $0.17 $0.17 0% Late Fee Payment (After 30 Days)19-075 Sec. 18-42 3% of lease 3% of lease Fuel Flowage Per Gallon FBO 19-075 Sec. 18-42 $0.06 $0.06 0% Per Gallon Others 19-075 Sec. 18-42 $0.06 $0.06 0% Late Payment (after the 12th day of the month)3% of net gallons 3% of net gallons 0% Crop Land Lease 19-075 Sec. 18-42 Based on Bid Based on Bid Tie Down Fee Per Day for Tie Down 3 Days or Longer (Collected by FBO with a 10% Collection Fee)19-075 Sec. 18-42 $25.00 $25.00 0% Hangar/Aerial Application Fee 19-075 Sec. 18-42 $25.00 $50.00 100% Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00 $50.00 0% ARFF Fee 19-075 Sec. 18-42 $100.00 $100.00 0% Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 0% Collection Fee) Light/Mid Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $20.00 $20.00 0% Supermid/Heavy Jet 19-075 Sec. 18-42 $40.00 $40.00 0% Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00 $250.00 0% Labor Rates (Per Hour/1 Hour Minimum) With Equipment 19-075 Sec. 18-42 $75.00 $75.00 0% Without Equipment 19-075 Sec. 18-42 $50.00 $50.00 0% Escort Fee 19-075 Sec. 18-42 $20.00 $20.00 0% Self Fueling Permit Sec. 18-42 $100.00 $100.00 0% Gate Card 19-075 Sec. 18-42 $10.00 $20.00 100% Late Fee Payment (After 30 Days)Sec. 18-42 3% of amount due 3% of amount due 0% Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00 $45.00 0% City Clerk Circuses/Carnivals Each Circus Per Day 19-075 Sec. 26-35 $75.00 $75.00 0% Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00 $25.00 0% Commercial Garbage Haulers License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% House Movers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00 $50.00 0% Plumbing Contractor License 19-075 Sec. 26-35 $50.00 $50.00 0% Each annual renewal 19-075 Sec. 26-35 $25.00 $25.00 0% Vehicles for Hire First vehicle for hire per year 19-075 Sec. 26-35 $25.00 $25.00 0% Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00 $10.00 0% Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00 $100.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00 $5.00 0% Transportation Network Company License 19-075 Sec. 26-282 $250.00 $250.00 0% License - New Drivers 19-075 Sec. 26-282 $25.00 $25.00 0% Per Year 19-075 Sec. 26-282 $15.00 $15.00 0% Food Truck (Per Year)19-075 Sec. 26-424 $75.00 $75.00 0% Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00 $50.00 0% Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00 $75.00 0% Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00 $25.00 0% Cost for Copies Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25 $0.25 0% 11" x 17" (Per Page)19-075 Sec. 3-03 $0.50 $0.50 0% Code Enforcement Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00 $45.00 0% Rental Dwelling License Inspection Fees (Per Structure) First and Second Inspection 19-075 Sec. 22-405 $0.00 $0.00 Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00 $50.00 0% Collection/Landfill Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00 $18.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00 $4.00 0% Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax) 1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00 $90.00 0% Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00 $115.00 0% Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00 $140.00 0% Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00 $165.00 0% Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00 $190.00 0% Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00 $217.00 0% Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00 $243.00 0% Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00 $268.00 0% Dumpster Charges - Additional Pick Up 1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00 $29.00 0% Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00 $35.00 0% Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00 $47.00 0% Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00 $58.00 0% 240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00 $5.00 0% Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00 $43.00 0% Service Area Fee 19-075 Sec. 70-203 $9.50 $9.50 0% Uncovered Load Fee 19-075 Sec. 70-203 $10.00 $10.00 0% 500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00 $5.00 0% Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00 $21.00 0% Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00 $15.00 0% Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50 $7.50 0% Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00 $12.00 0% Mobile Homes 19-075 Sec. 70-203 $250.00 $250.00 0% Tires ATV 19-075 Sec. 70-203 $2.00 $2.00 0% Car 19-075 Sec. 70-203 $4.00 $4.00 0% Pickup 19-075 Sec. 70-203 $6.00 $6.00 0% Tire on Rim 19-075 Sec. 70-203 $8.00 $8.00 0% Truck 19-075 Sec. 70-203 $13.00 $13.00 0% Tractor 19-075 Sec. 70-203 $35.00 $35.00 0% Electric Vehicle Charging Station Rates Hourly Rate for First Three (3) Hours 20-045 $1.00 $1.00 0% Hourly Rate for Over Three (3) Hours 20-045 $2.00 $2.00 0% City of Brookings and Brookings County Use 20-045 Exempt Exempt Engineering - Residential Building Permit Fees The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. Dwellings - Single-family dwellings, duplexes, townhouses Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $70.00 $85.00 21% Finished Basements Per Square Foot 19-075 Sec. 22-35 $30.00 $40.00 33% Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $18.00 $25.00 39% Attached Garages Per Square Foot 19-075 Sec. 22-35 $20.00 $25.00 25% Detached Garages Per Square Foot 19-075 Sec. 22-35 $18.00 $20.00 11% Building Permit Fee Schedule Group R-3 and U Occupancies Only Total Valuation $1.00 to 1,200.00 19-075 Sec. 22-35 $20.00 $20.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change $1,200.01 to 2,000.00 19-075 Sec. 22-35 $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $10 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and including $2,000, for valuation in excess of $1,100.00 0% $2,000.01 to $25,000.00 19-075 Sec. 22-35 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00.0% $25,000.01 to 50,000.00 19-075 Sec. 22-35 $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. 0% $50,000.01 to 100,000.00 19-075 Sec. 22-35 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. 0% $100,000.01 and Up 19-075 Sec. 22-35 $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof $433.00 for the first $100,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof 0% Commercial Building Permit Fees The value to be used in computing the building permit fee for all commercial construction, remodeling, renovation, and repairs shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site improvements and parking lot costs. 19-075 Sec. 22-35 0% Total Valuation 19-075 Sec. 22-35 City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change $100,000.01 to 500,000.00 19-075 Sec. 22-35 $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $639.50 for the first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000.00 0% $500,000.01 to 1,000,000.00 19-075 Sec. 22-35 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 0% $1,000,000.00 and Up 19-075 Sec. 22-35 $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof. $3,539.50 for the first $1,000,000 plus $2.00 for each additional $1,000 or fraction thereof.0% Other Inspection Fees Inspection: sidewalks & curb ramps Sec. 22-35 $0.00 $25.00 New Fee Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00 $50.00 0% Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00 $50.00 0% Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00 $50.00 0% One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft.19-075 Sec. 22-35 $25.00 $30.00 20% Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $25.00 $30.00 20% Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and R- 3 Uses 19-075 Sec. 22-35 $25.00 $30.00 20% Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00 $200.00 0% Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00 $50.00 0% Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00 $50.00 0% Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00 $75.00 0% Work commencing before permit issuance: The minimum investigation fee shall be equal to the amount of the permit fee required by code.19-075 Sec. 22-35 0% Fire Fire Protection System Fees City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Retrofitted Fire Sprinkler Systems 19-075 Sec. 34-81 $75.00 plus $.45 per sprinkler head $75.00 plus $.45 per sprinkler head Kitchen Hood Extinguishing Systems 19-075 Sec. 34-81 $90.00 $90.00 0% Kitchen Hood Extinguishing Systems Modification 19-075 Sec. 34-81 $45.00 $45.00 0% Clean Agent or Other Total Flooding System (Per Square Foot)19-075 Sec. 34-81 $0.20 $0.20 0% Fire Alarm Systems 19-075 Sec. 34-81 $75.00 plus $.45 per each ignition and signaling device $75.00 plus $.45 per each ignition and signaling device Fire Alarm System Modifications 19-075 Sec. 34-81 $37.50 plus $.45 per each ignition and signaling device $37.50 plus $.45 per each ignition and signaling device False Alarm Fire Calls When Trucks Roll First Call 19-075 $0.00 $0.00 Second Call 19-075 $50.00 $50.00 0% Third Call 19-075 $100.00 $100.00 0% Flammable and Combustible Liquid Fees Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00 $90.00 0% Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00 $45.00 0% Site Plan Review Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00 $45.00 0% Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00 $45.00 0% Fire Incident Reports 19-075 Sec. 3-03 $10.00 $10.00 0% Industrial Land Crop Land Lease 19-075 Based on Bid Library Out of County Library Card Per Individual 19-075 Sec. 54-32 $35.00 $35.00 0% Per Family 19-075 Sec. 54-32 $45.00 $45.00 0% Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25 $2.25 0% Fines (Per Day Books)19-075 Sec. 54-32 $0.10 $0.10 0% Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00 $1.00 0% Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00 $5.00 0% Parks, Recreation, and Forestry Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00 $65.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Mowing (First Hour)19-075 Sec. 62-89 $150.00 $150.00 0% Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00 $85.00 0% Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00 $125.00 0% Sidewalk Snow Removal (First Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00 $125.00 0% Sidewalk Snow Removal (Second Offense) Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00 $175.00 0% DED Removal/BMU Line Clearance 19-075 Sec. 62-170 Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00 $160.00 0% Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00 $130.00 0% Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00 $90.00 0% Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00 $70.00 0% Equipment Rental Rates Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00 $25.00 0% Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00 $50.00 0% Ball Field Rental Rates Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00 $75.00 0% Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00 $35.00 0% Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00 $65.00 0% Bob Shelden Field Rental - per game - College baseball - outside teams $325.00 0% Bob Shelden Field Rental - per game - SDSU College baseball $250.00 0% Bob Shelden Field Rental - per game - Adult baseball $100.00 0% Bob Shelden Field Rental - per game - practice/special events $25.00 0% Bob Shelden Field Rental - per game - Penalty/Deposit - seeds, tobacco, gum $250.00 0% Fishback Soccer Park Rental Rates Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00 $25.00 0% Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00 $25.00 0% Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00 $120.00 0% Hillcrest Aquatics Center Season Pass Individual 19-075 Sec. 62-45 $60.00 $60.00 0% Family of Three (3)19-075 Sec. 62-45 $150.00 $150.00 0% Additional Family 19-075 Sec. 62-45 $25.00 $25.00 0% Daily Admission 19-075 Sec. 62-45 $6.00 $6.00 0% Discount Cards 19-075 Sec. 62-45 $54.00 $54.00 0% Larson Ice Center Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00 $140.00 0% Non groomed ice 19-075 Sec. 62-45 $100.00 $100.00 0% Dryland training 19-075 Sec. 62-45 $60.00 $60.00 0% Daily Admission 19-075 Sec. 62-45 $4.00 $5.00 25% Punch Card 19-075 Sec. 62-45 $25.00 $45.00 80% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Skate/Helmet Rental 19-075 Sec. 62-45 $3.00 $5.00 67% Adult Hockey 19-075 Sec. 62-45 $10.00 $10.00 0% Adult Leagues Sand Volleyball League 19-075 Sec. 62-45 $60.00 $60.00 0% Adult Kickball League 19-075 Sec. 62-45 $60.00 $60.00 0% Fall Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Winter Women's Volleyball 19-075 Sec. 62-45 $165.00 $165.00 0% Both Volleyball Sessions 19-075 Sec. 62-45 $305.00 $305.00 0% Coed Volleyball 19-075 Sec. 62-45 $205.00 $205.00 0% Basketball 19-075 Sec. 62-45 $205.00 $205.00 0% Reservations Community Gardens (Per Season)19-075 Sec. 62-45 $30.00 $30.00 0% 5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00 $20.00 0% Picnic Shelter Reservations Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00 $15.00 0% Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00 $25.00 0% Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00 $20.00 0% Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00 $30.00 0% Larson Nature Center Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00 $200.00 0% Classroom (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00 $50.00 0% Building (Per Hour)19-075 Sec. 62-45 $100.00 $100.00 0% Equipment Rental (Per Hour) - Kayaks, Bikes, Paddleboards)19-075 Sec. 62-45 $5.00 $7.00 40% Camping Camp Site with Electricity 19-075 Sec. 62-45 $25.00 $25.00 0% Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00 $10.00 0% Recreation Programs Red Cross Lessons - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Wee Waders - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Junior Lifeguarding - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00 $25.00 0% Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00 $33.00 0% Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00 $45.00 0% Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00 $35.00 0% Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00 $27.00 0% Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00 $19.00 0% Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00 $24.00 0% Learn to Skate 30 minutes - Early Bird 19-075 Sec. 62-45 $30.00 $30.00 0% 45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00 $40.00 0% 60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00 $50.00 0% Red Cross Lessons 19-075 Sec. 62-45 $41.00 $41.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change Wee Waders 19-075 Sec. 62-45 $41.00 $41.00 0% Junior Lifeguarding 19-075 Sec. 62-45 $46.00 $46.00 0% Aqua Aerobics 19-075 Sec. 62-45 $31.00 $31.00 0% First Tee Golf Program 19-075 Sec. 62-45 $95.00 $95.00 0% Little Duffers 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Golf Lessons 19-075 Sec. 62-45 $40.00 $40.00 0% Junior Tennis Academy 19-075 Sec. 62-45 $40.00 $40.00 0% Adult Tennis Lessons 19-075 Sec. 62-45 $60.00 $60.00 0% Tee Ball 19-075 Sec. 62-45 $50.00 $50.00 0% Kickstart Soccer 19-075 Sec. 62-45 $35.00 $35.00 0% Fishin' Fridays 19-075 Sec. 62-45 $24.00 $24.00 0% Kayaking Class 19-075 Sec. 62-45 $30.00 $30.00 0% Learn to Skate 30 minutes 19-075 Sec. 62-45 $40.00 $40.00 0% 45 Minutes 19-075 Sec. 62-45 $50.00 $50.00 0% 60 Minutes 19-075 Sec. 62-45 $60.00 $60.00 0% Planning and Zoning Change of Zone 19-075 Sec. 66-29 $250.00 $250.00 0% Planned Development District 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan 19-075 Sec. 66-29 $100.00 $100.00 0% Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00 $250.00 0% Final Development Plan Amendment 19-075 Sec. 66-29 $100.00 $100.00 0% Board of Adjustment 19-075 Sec. 94-42 $150.00 $150.00 0% Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00 $200.00 0% Final Plats 19-075 Sec. 66-29 $160.00 $160.00 0% Vacation 19-075 Sec. 66-29 $150.00 $150.00 0% I-1R Site Plan 19-075 Sec. 66-29 $150.00 $150.00 0% Conditional Use 19-075 Sec. 66-29 $250.00 $250.00 0% Annexation 19-075 $150.00 $150.00 0% Zoning & Use Registration Permit 19-075 Sec. 66-29 $60.00 $75.00 25% Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00 $20.00 0% Tax Increment Financing Application 19-075 $1,000.00 $1,000.00 0% Permanent Signs Square Feet From 0 to less than 30 19-075 Sec. 94-467 $30.00 $30.00 0% From 30 to less than 60 19-075 Sec. 94-467 $35.00 $35.00 0% From 60 to less than 90 19-075 Sec. 94-467 $40.00 $40.00 0% From 90 to less than 120 19-075 Sec. 94-467 $45.00 $45.00 0% From 120 to less than 150 19-075 Sec. 94-467 $50.00 $50.00 0% From 150 to less than 180 19-075 Sec. 94-467 $55.00 $55.00 0% From 180 to less than 210 19-075 Sec. 94-467 $60.00 $60.00 0% From 210 to less than 240 19-075 Sec. 94-467 $65.00 $65.00 0% From 240 to less than 270 19-075 Sec. 94-467 $70.00 $70.00 0% City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change From 270 to less than 300 19-075 Sec. 94-467 $75.00 $75.00 0% From 300 to less than 330 19-075 Sec. 94-467 $80.00 $80.00 0% From 330 to less than 360 19-075 Sec. 94-467 $85.00 $85.00 0% From 360 to less than 390 19-075 Sec. 94-467 $90.00 $90.00 0% From 390 to less than 420 19-075 Sec. 94-467 $95.00 $95.00 0% From 420 to less than 450 19-075 Sec. 94-467 $100.00 $100.00 0% From 450 to less than 480 19-075 Sec. 94-467 $105.00 $105.00 0% From 480 to less than 510 19-075 Sec. 94-467 $110.00 $110.00 0% From 510 to less than 540 19-075 Sec. 94-467 $115.00 $115.00 0% From 540 or more 19-075 Sec. 94-467 $120.00 $120.00 0% Non- Permanent Signs 19-075 Sec. 94-467 $20.00 $20.00 0% Portable Signs Per Week 19-075 Sec. 94-467 $20.00 $20.00 0% Portable Signs Per Month (Maximum Permit Period Shall Not Carry Over from One Permit Period to the Next)19-075 Sec. 94-467 $50.00 $50.00 0% Banner Signs 19-075 Sec. 94-467 Exempt Parking in Municipal Lots Permitted Parking in Municipal Parking Lots Six-Month Permit 19-075 Sec. 82-525 $100.00 $100.00 0% Annual Permit 19-075 Sec. 82-525 $180.00 $180.00 0% Police Department Moving of Structure Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00 $50.00 0% Contract Police Officer Security Per Reserve Officer, Per Hour $35.00 0% Per Officer, Per Hour $45.00 $50.00 False Security Alarm 0% First Call $0.00 0% Second Call $50.00 0% Third Call $100.00 0% 0% Accident Reports Per Report 19-075 Sec. 3-03 $5.00 $5.00 0% Pictures (Each)19-075 Sec. 3-03 $4.00 $4.00 0% Storm Drainage Unit Financial Charge 19-075 Sec. 72-20 0.000625 0.000625 0% Street Department Sign Repairs (Traffic Accidents and Vandalism)19-075 Replacement Cost, Labor, Sales Tax, and Excise Tax Replacement Cost, Labor, Sales Tax, and Excise Tax Street Repairs 19-075 Material Replacement Cost Material Replacement Cost City of Brookings Fee Schedule Fee Description Resolution City Code 2020 Fee 2022 Fee % Change The base valuation to determine permit fees for residential buildings and additions are based on a dollar per square foot schedule per the following. The bid price must be quoted for renovations or remodels. 19-075 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total Article 1 In General 19-075 14-2 Unwanted animals (per head acceptance fee)$20.00 $0.00 $20.00 19-075 14-3 Disturbance of Peace $30.00 $72.50 $102.50 19-075 14-4 Animals on school grounds, property or recreation areas $30.00 $72.50 $102.50 19-075 14-6 Number of pets limited $25.00 $72.50 $97.50 19-075 14-7 Unattended animals in standing vehicles $60.00 $72.50 $132.50 19-075 14-8 Stray, abandoned or unkempt animals $30.00 $72.50 $102.50 19-075 14-9 Public nuisance $30.00 $72.50 $102.50 Article 2 Cruelty to Animals and Related Charges 19-075 14-41 Cruelty to animals - generally $125.00 $72.50 $197.50 19-075 14-42 Teasing, baiting, or harassing animals $30.00 $72.50 $102.50 19-075 14-43 Humane care of animals $30.00 $72.50 $102.50 19-075 14-44 Poisoning of animals $125.00 $72.50 $197.50 19-075 14-45 Instigating or allowing fights between animals $250.00 $72.50 $322.50 19-075 14-47 Restraint of animal in vehicle $30.00 $72.50 $102.50 Article 3 Domestic Animals (Dogs and Cats Excepted) 19-075 14-81 Proximity of livestock to dwellings $30.00 $72.50 $102.50 19-075 14-82 Proximity of fowl to dwellings $30.00 $72.50 $102.50 19-075 14-83 Swine (per head)$30.00 $72.50 $102.50 19-075 14-84 Sanitary condition required $30.00 $72.50 $102.50 19-075 14-85 Keeping of Bees - prohibited $60.00 $72.50 $132.50 19-075 14-86 Pigeons $30.00 $72.50 $102.50 19-075 14-87 Livestock running at large (per head)$30.00 $72.50 $102.50 19-075 14-88 Fowl at large (per head)$30.00 $72.50 $102.50 19-075 14-89 Picketing $30.00 $72.50 $102.50 19-075 14-90 Keeping of game birds prohibited $30.00 $72.50 $102.50 Article 4 Division 1 Dogs and Cats - Generally 19-075 14-121 Dogs running at large 19-075 1st unlicensed $30.00 $72.50 $102.50 19-075 1st licensed $15.00 $72.50 $87.50 19-075 2nd offense $40.00 $72.50 $112.50 19-075 3rd and subsequent offenses $60.00 $72.50 $132.50 19-075 14-122 Impoundment of dogs (per impoundment)$25.00 $72.50 $97.50 Animal Control City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 14-123 Disturbing of the peace $30.00 $72.50 $102.50 19-075 14-125 Defecation disposal $30.00 $72.50 $102.50 19-075 14-126 Vicious or biting dog 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-127 Guard dogs (failure to post warning)$60.00 $72.50 $132.50 14-128 Sanitary conditions required $30.00 $72.50 $102.50 Article 4 - Division 2 Dogs and Cats - Licensing Requirements 19-075 14-151 License required $30.00 $72.50 $102.50 19-075 14-153 Rabies vaccination required $60.00 $72.50 $132.50 19-075 14-154 City License Fee (Altered)$10.00 $72.50 $82.50 19-075 14-154 City License Fee (Unaltered)$15.00 $72.50 $87.50 19-075 14-157 Dog or cat to wear tag $15.00 $72.50 $87.50 Article 4 - Division 3 Dogs and Cats - Impoundment and Redemption 19-075 14-182 Impoundment fees (per head)$25.00 $72.50 $97.50 Per day feed/care $20.00 $72.50 $92.50 19-075 14-186 Alternate Procedure $30.00 $72.50 $102.50 19-075 14-187 Pickup and transportation fee $30.00 $72.50 $102.50 19-075 Article 5 Wild or Dangerous Animals 19-075 14-221 Registration required $60.00 $72.50 $132.50 19-075 14-223 Running at large 19-075 1st offense $125.00 $72.50 $197.50 19-075 2nd offense $250.00 $72.50 $322.50 19-075 3rd offense (fine and animal forfeited)$250.00 $72.50 $322.50 19-075 14-224 Wild, hybrid or dangerous animals prohibited (fine & Seizure)$125.00 $72.50 $197.50 19-075 14-227 Owner to report escape of dangerous animals or animals not indigenous to State $125.00 $72.50 $197.50 19-075 14-229 Public nuisance (possession of wild, hybrid or dangerous animals prohibited)$125.00 $72.50 $197.50 19-075 14-230 Animals declared as a biting, dangerous or vicious animal prohibited $125.00 $72.50 $197.50 19-075 Article 6 - Division 1 Pet Shelters - Generally 19-075 14-263 Commercial pet shelter prohibited $30.00 $72.50 $102.50 19-075 14-264 Number of pets $60.00 $72.50 $132.50 19-075 14-265 Adequate facilities required $30.00 $72.50 $102.50 19-075 Article 6 - Division 2 Pet Shelters - License City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 14-291 License required $30.00 $72.50 $102.50 Miscellaneous Offenses 19-075 6-3 Open Container (Alcoholic Beverage) (Beer, Wine, Liquor in Vehicle or on Street $60.00 $72.50 $132.50 19-075 6-142 Attempt to Purchase $60.00 $72.50 $132.50 19-075 6-143 Misrepresentation of Age $60.00 $72.50 $132.50 19-075 6-73 Possession of Keg Restricted $60.00 $72.50 $132.50 19-075 70-35 Littering $60.00 $72.50 $132.50 19-075 58-33 Resisting an Officer $60.00 $72.50 $132.50 19-075 58-36 Fleeing from a Police Officer $60.00 $72.50 $132.50 19-075 58-161 Public Urination $60.00 $72.50 $132.50 19-075 58-162 Disturbing the Peace - House Parties 19-075 58-162 First Offense $60.00 $72.50 $132.50 19-075 58-162 Second Offense (Within One (1) Year Period)$100.00 $72.50 $172.50 19-075 58-162 Third Offense (Within One (1) Year Period)$200.00 $72.50 $272.50 19-075 62-180 Hours Parks Open to the Public $60.00 $72.50 $132.50 19-075 70-37 Littering $60.00 $72.50 $132.50 19-075 70-107 Location of Collection Containers $30.00 $72.50 $102.50 19-075 74-141 - 74-149 Excavation Offenses $100.00 $72.50 $172.50 19-075 74-211 Failure to Remove Snow from Sidewalk $60.00 $72.50 $132.50 19-075 82-312 Texting While Driving $60.00 $72.50 $132.50 Parking Offenses with Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $35.00 $72.50 $107.50 19-075 82-427 Places Where Standing and Parking is Prohibited $35.00 $72.50 $107.50 19-075 82-428 Places Where Stopping is Prohibited $35.00 $72.50 $107.50 19-075 82-432 Parking in Excess of 72 Hours $35.00 $72.50 $107.50 19-075 82-433 Parking in Alleys $35.00 $72.50 $107.50 19-075 82-461 Designation of Prohibited Parking $35.00 $72.50 $107.50 19-075 82-462 Designation of Limited Parking $35.00 $72.50 $107.50 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$35.00 $72.50 $107.50 19-075 82-464 Parking at Night in Business Section $35.00 $72.50 $107.50 19-075 82-465 Parking Prohibited During Snow Removal $50.00 $72.50 $122.50 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $72.50 $172.50 19-075 82-521 Maximum Duration of Parking $35.00 $72.50 $107.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 94-431(2)Front Yard Parking Prohibited $35.00 $72.50 $107.50 Parking Offenses If Paid Within 72 Hours/Without Court Appearance 19-075 82-421 Position of Parking on Two-Way Road $30.00 $0.00 $30.00 19-075 82-427 Places Where Standing and Parking is Prohibited $30.00 $0.00 $30.00 19-075 82-428 Places Where Stopping is Prohibited $30.00 $0.00 $30.00 19-075 82-432 Parking in Excess of 72 Hours $30.00 $0.00 $30.00 19-075 82-433 Parking in Alleys $30.00 $0.00 $30.00 19-075 82-462 Designation of Limited Parking $30.00 $0.00 $30.00 19-075 82-463 Illegal Parking (2 Hour Downtown or Medary)$30.00 $0.00 $30.00 19-075 82-464 Parking at Night in Business Section $30.00 $0.00 $30.00 19-075 82-465 Parking Prohibited During Snow Removal $40.00 $0.00 $40.00 19-075 82-468 Parking in Disabled Space Without Permit $100.00 $0.00 $100.00 19-075 82-521 Maximum Duration of Parking $30.00 $0.00 $30.00 19-075 94-431(2)Front Yard Parking Prohibited $20.00 $0.00 $20.00 Traffic Driving Offenses 19-075 82-127 Failure to Comply with Warning Ticket $60.00 $72.50 $132.50 19-075 82-167 Traffic Signals $60.00 $72.50 $132.50 19-075 82-203 Duty to Provide Information $60.00 $72.50 $132.50 19-075 82-206 Unattended Vehicle $60.00 $72.50 $132.50 19-075 82-207 Property Damage $60.00 $72.50 $132.50 19-075 82-208 Immediate Notice $60.00 $72.50 $132.50 19-075 82-241 Driver's License Violation $60.00 $72.50 $132.50 19-075 82-242 Age of Driver $60.00 $72.50 $132.50 19-075 82-243 License Plate Violation $60.00 $72.50 $132.50 19-075 82-244 Maximum Passengers $60.00 $72.50 $132.50 19-075 82-246 Driving on Sidewalk $60.00 $72.50 $132.50 19-075 82-247 Exhibition Driving $60.00 $72.50 $132.50 19-075 82-248 Following Too Closely $60.00 $72.50 $132.50 19-075 82-249 Following Fire Apparatus $60.00 $72.50 $132.50 19-075 82-251 Unsafe Backing $60.00 $72.50 $132.50 19-075 82-252 Driving Over Fire Hose $60.00 $72.50 $132.50 19-075 82-271 Driving on Left Side of Street $60.00 $72.50 $132.50 19-075 82-276 Driving on Divided Highway $60.00 $72.50 $132.50 19-075 82-277 Overtaking Vehicles/Pass to Left Required; Cutting in Front $60.00 $72.50 $132.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 82-279 Passing in No Passing Zone $60.00 $72.50 $132.50 19-075 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed $60.00 $72.50 $132.50 19-075 82-303 82-304 82-305 Exceeding Limits Maximum Speed Speed Zones 1-5 MPH Over Speed Limit $19.00 $72.50 $91.50 6-10 MPH Over Speed Limit $39.00 $72.50 $111.50 11-15 MPH Over Speed Limit $59.00 $72.50 $131.50 16-20 MPH Over Speed Limit $79.00 $72.50 $151.50 21-25 MPH Over Speed Limit $99.00 $72.50 $171.50 Over 25 MPH Over Speed Limit (Court Appearance)$154.00 $72.50 $226.50 19-075 82-306 Speeding in School Zones 1-5 MPH Over Speed Limit $34.00 $72.50 $106.50 6-10 MPH Over Speed Limit $74.00 $72.50 $146.50 11-15 MPH Over Speed Limit $114.00 $72.50 $186.50 16-20 MPH Over Speed Limit $154.00 $72.50 $226.50 21-25 MPH Over Speed Limit $194.00 $72.50 $266.50 Over 25 MPH Over Speed Limit (Court Appearance)$200.00 $72.50 $272.50 19-075 82-309 Reckless Driving $70.00 $72.50 $142.50 19-075 82-310 Careless Driving $60.00 $72.50 $132.50 82-312 Texting While Driving $100.00 $72.50 $172.50 19-075 82-332 Right Turn $60.00 $72.50 $132.50 19-075 82-333 Left Turn $60.00 $72.50 $132.50 19-075 82-334 U-Turn Restricted $60.00 $72.50 $132.50 19-075 82-337 Cutting Corner $60.00 $72.50 $132.50 19-075 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily $60.00 $72.50 $132.50 19-075 82-365 Vehicle Entering Stop Intersection $60.00 $72.50 $132.50 19-075 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping $60.00 $72.50 $132.50 19-075 82-367 Obedience to Stop and Yield $60.00 $72.50 $132.50 19-075 82-369 Stop at Railroad Crossing Signal $60.00 $72.50 $132.50 19-075 82-392 Obedience (One Way Streets and Alleys)$60.00 $72.50 $132.50 19-075 82-424 Manner of Use of Diagonal Parking Spaces $60.00 $72.50 $132.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 82-561 Lights on Vehicle $60.00 $72.50 $132.50 19-075 82-563 Obstruction of Vision $60.00 $72.50 $132.50 19-075 82-565 Exhaust System $60.00 $72.50 $132.50 19-075 82-603 Pedestrian Right-of-Way $60.00 $72.50 $132.50 19-075 82-605 Jaywalking $60.00 $72.50 $132.50 19-075 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys, Sidewalks, Boulevards, and Rights-of-Way $60.00 $72.50 $132.50 19-075 82-684 Operation of Snowmobiles on Public Property $60.00 $72.50 $132.50 19-075 82-721 Clinging to Moving Vehicles $60.00 $72.50 $132.50 19-075 82-751 Bicycle Offense $25.00 $72.50 $97.50 19-075 82-842 Driving Through Processions $60.00 $72.50 $132.50 Housing and Zoning Offenses 19-075 22-374 Agent Required $60.00 $72.50 $132.50 19-075 22-401 Licensing of Leased Dwelling Units $60.00 $72.50 $132.50 19-075 22-402 Filing of Application Forms $60.00 $72.50 $132.50 19-075 22-405 Payment of License Fees $60.00 $72.50 $132.50 19-075 22-432 Failure to Comply with Smoke Detector Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-433 Failure to Comply with Exit Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 19-075 22-434 Failure to Comply with Parking Requirement First Offense $155.00 $72.50 $227.50 Second Offense $155.00 $72.50 $227.50 Third Offense $200.00 $72.50 $272.50 City of Brookings Fines and Violations Schedule Resolution City Code Section Offense Fine Costs Total 19-075 94-123(c) 94-124(c) 94-125(c) 94-126(c) 94-127(c) 94-128(c) 94-129(c) 94-130(c) All Other Zoning Ordinances Violations First Offense $200.00 $72.50 $272.50 Second Offense $200.00 $72.50 $272.50 City of Brookings Edgebrook Golf Course Rates Fee Description Early Bird Regular Unlimited Golf Youth 190.00 225.00 Young Adult 465.00 550.00 Senior/Veteran 465.00 550.00 Young Adult Couple 520.00 610.00 Senior Couple 520.00 610.00 Individual 550.00 650.00 Couples 630.00 750.00 Family 720.00 850.00 College Student 255.00 300.00 Unlimited Golf + Half Cart Package Young Adult 725.00 850.00 Senior/Veteran 725.00 850.00 Young Adult Couple 780.00 920.00 Senior Couple 780.00 920.00 Individual 745.00 875.00 Couples 805.00 950.00 Family 850.00 1,000.00 College Student 455.00 535.00 Punch Cards 10/18 Hole Rounds 240.00 10/9 Hole Rounds 185.00 10/Par 3 Course Rounds 55.00 Green Fees 9 holes 16.00 18 holes 24.00 9 holes (Weekday - Senior/Veterans) 13.00 18 holes (Weekday - Senior/Veterans) 20.00 Carts Fees 9 holes 10.00 18 holes 15.00 Driving Range Bucket of range balls 5.00 Add on to membership - Individual 150.00 Add on to membership - Family/Couple 200.00 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0358,Version:1 Discussion on City Council Vacancy Process Summary: On July 30th, Council Member Nick Wendell will resign his position as City Council Member. Guidance on the next steps is found in the City Charter and City Council Policy. This item is presented to allow proper discussion for the selection and appointment process to fill the vacant Council seat. Attachments: Memo City Attorney Memo Resolution 90-10: City Council Policy - City Council Vacancies Code of Ethics - City Council DRAFT Press Release and Application Proposed Timeline City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: July 27, 2021 Subject: Discussion on City Council Vacancy Process Person(s) Responsible: Bonnie Foster, City Clerk Steve Britzman, City Attorney Summary: On July 30th, Council Member Nick Wendell will resign his position as City Council Member. Guidance on the next steps is found in the City Charter and City Council Policy. This item is presented to allow proper discussion for the selection and appointment process to fill the vacant Council seat. Background: In the past 10 years, the City Council has filled the following City Council vacancies by the application process set forth in Resolution 90 -10 – City Council Policy: City Council Vacancies:  April 2017 – City Council Member Keith Corbett elected to position of Mayor, appointed Holly Tilton Byrne  February 2016 – City Council Member Scott Meyer resigned, appointed David M. Meyer  May 2009 – City Council Member Tim Reed elected to position of Mayor, appointed Jael Thorpe  April 2021 – City Council Member Oepke “Ope” Niemeyer elected to position of Mayor, appointed Wayne Avery Item Details: The City of Brookings has a City Charter and a City Council Policy in place which outlines the procedure to fill City Council Vacancies. The City Charter provides the following guidance with respect to vacancies on the City Council: City Charter: Section 2.06 – Vacancies: (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. In 2003, the City Council adopted the enclosed Policy on City Council Vacancies, which was amended in October 12, 2010, which established procedures in the event a City Council vacancy occurs. This attachment includes the application and outlines the procedure Council could follow to fill the vacant position. Supporting Documentation: City Attorney Memo Resolution 90-10: City Council Policy – City Council Vacancy City Council Code of Ethics DRAFT Press Release and Application Proposed Timeline Memorandum To : Mayor Niemeyer, Council Members, Paul Briseno, City Manager, and Bonnie Foster, City Clerk From: Steven J. Britzman, City Attorney Date: July 16, 2021 Re: Procedure to fill Vacancy of the office of Council Member Discussion: This brief Memo is intended to discuss timing and procedures applicable where a Council Member resigns their Council seat leaving a vacancy. The first several sentences of Section 2.06 of our City Charter provide the procedure to address the vacancy. It provides as follows: Brookings City Charter Section 2.06(d): Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. Upon the effective date of the resignation of a Council member, a Council seat would thus be vacated and the City Council may then proceed to appoint by a majority vote of all its remaining members a qualified person to fill the vacancy until the person elected in April 2022 to serve the remainder of the unexpired term takes office. While there are State statutes which guide the procedure of filling of vacancies in municipalities which have not adopted a City Charter, those statutes are not applicable where we have both a City Charter and a specific Council procedure to fill Council vacancies. It is possible there may be questions as to how to select candidates to fill the Council vacancy, but the law is silent as to how to identify and select potential candidates to fill a Council vacancy. The Council will need to determine that procedure, but ultimately it will require a majority vote to select any candidate to fill the vacancy. Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 _____________________________________________________________ – 2 – JULY 20, 2021 2 Applicable Law: Brookings City Charter Section 2.06(d): Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. City of Brookings Governance and Ends Policies - Appendix A City Council Code of Ethics Approved May 13, 2002 Amended May 28, 2013 The mayor and council are responsible for making policy decisions for the community. The City Council provides vision, direction and leadership to the community and the organization. The City Council further represents the Brookings Community with other governmental entities and officials. In order to maintain and enhance public trust and confidence in our local government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for residents of Brookings the members of the City Council dedicate themselves to the stewardship of the public trust and therefore embrace the following ideals, seeking to:  Uphold constitutional government and the laws of the City of Brookings by recognizing I am an agent for the democratic process and not the owner of authority;  Conduct public and private life as to be an example for my fellow citizens and take responsibility for my actions, even when it is uncomfortable or unpopular to do so;  Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same treatment I wish to receive myself;  Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter, Section 7.01 (a) Conflicts of Interest provision;  Be tolerant, respectful and attentive to divergent ideas, suggestions and opinions;  Maintain and respect the confidentiality of private and confidential information, and treat all persons, claims and transactions in a fair and equitable manner;  Attend and be actively engaged in all regular and special meetings, including briefings, and public functions where my presence is expected and be prepared in the execution of such;  Be a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the City and its citizens;  Make decisions based on the merits of the issue with attention to due process and citizen participation;  Be knowledgeable and develop an understanding of local, state, and national governmental guidance, directives, regulations and ordinances pertaining to my position.  Be prepared to make unpopular decisions based on my interpretation of the public’s best interest;  Make decisions and recommendations based upon research and facts involving staff and stakeholders which considers the goals, impacts and the best interest of the greatest number of those affected. It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its Council members. Brookings Council members shall maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants including the appearance of impropriety, and never use their city position or powers for improper personal gain. The code of ethical behavior will govern members of the City Council. City Council members are encouraged to monitor their compliance and offer constructive recommendations to fellow Council members if necessary. As a member of the City Council, I accept these ideals and policy, and pledge to do in the interest and purposes for which our government has been established. Date Signature Bonnie Foster, City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 605.692.6281 bfoster@cityofbrookings-sd.gov July 28, 2021 FOR IMMEDIATE RELEASE APPLICATIONS FOR BROOKINGS CITY COUNCIL MEMBER The City of Brookings is now accepting applications for the City Council Member position which will be vacated by Council Member Nick Wendell, who has resigned from the City Council, effective July 30, 2021. The appointment term would be from August 24, 2021 - April 30, 2022. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Applications are available on the city website (www.cityofbrookings- sd.gov/citycouncil ) or at the City Clerk’s Office, 520 3rd Street, Suite 230, Brookings, SD 57006, (605) 692-6281. The completed application and other required documents must be submitted to the City Clerk’s Office no later than Wednesday, August 11, 2021, at 5:00 p.m. All applicants will be invited to attend the August 17th City Council Study Session at 5:30 p.m. to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment at the August 24th City Council Meeting at 6:00 p.m. Applicant Information Name: First Middle Last Address: Street City State ZIP Code Phone: (work) (cell) (home) Email: Employer: Occupation: Is your residence located within the city limits of Brookings? □ YES □ NO Are you a registered voter in the City of Brookings? □ YES □ NO How long have you been a resident of Brookings? 1. Please list relevant education or training: Application for Appointment for Brookings City Council City Clerk’s Office 520 3rd Street, Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 bfoster@cityofbrookings-sd.gov 2. Work experience: 3. Community Volunteer Service: 4. I would like to serve as a City Council Member because: 5. Any other information you feel is important to the City Council Members as it considers your appointment for City Council: Please return your application to the City Clerk’s Office: 520 3rd Street, Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Email: bfoster@cityofbrookings-sd.gov www.cityofbrookings-sd.gov/citycouncil Advertising Policy – The City of Brookings will notify the public of the City Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process – Applications will be accepted until Wednesday, August 11th at 5:00 p.m. All applicants will be invited to attend the August 17th City Council Study Session at 5:30 p.m. to provide additional information and respond to questions. City Council action is required to approve the appointment and is scheduled to occur on August 24th. Thank you for applying! Proposed Process and Timeline July 16 Letter received and Press Release sent of Council Member Wendell’s resignation effective July 30, 2021 July 27 Discuss process at City Council Meeting July 28 Press Release – call for applications for vacant Council seat August 11 Deadline for Applications August 17 Applicants provide comments to City Council during Study Session (This would be an added Study Session to the Council Calendar.) August 24 Action to appoint City Council Member Sept. 14 New Council Member takes Oath of Office City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0372,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 7/22/2021Page 1 of 1 powered by Legistar™ Progress ReportJuly 2021 20th Street Interchange •Project information available at www.20thstinterchange.com •Recent Updates •Negotiating with land owners for ROW & easements •City Council approved four (4) Resolutions of Necessity at July 13 meeting •Contracted to demolish two (2) of the mobile homes scheduled for removal •Next Steps •Certify utilities and ROW: Summer 2021 •Bid Project –Fall 2021 •Construction –2022 –2023 Jefferson Avenue Drainage Project •Phase 1 Finalizing •Water Main and Storm Sewer Installed •Curb/Gutter/Paving Finalizing •Phase 2 Beginning •Project Scope •Water Main •Storm Sewer •Curb & Gutter •Ramps •Storm water sump collection pilot project •Completion Date –October 2021 •Phase 1 Complete •Beginning Phase 2 •Installing last leg of storm sewer •Intersection open at the end of the week •Traffic pole installation •Completion –Sept. 2021 •Project Scope •Traffic Signals with Video Detection •Curb •Sidewalk Ramps •Turn Lanes 8th St. S. & Medary Ave. Traffic Signal •15th Avenue •Working between 3rd and 5th Streets •Sidewalk, ramps and shared use path complete •Opening between 3rd and 4th Street this week •Sidewalk Ramps •3rd Street between Medary Avenue and 17th Avenue •Completing south side then moving to north side •Faculty Drive •Storm Sewer installed •Curb and Gutter next Asphalt/Concrete Maintenance •1st Annual Event •August 21, 2021 •8am to 12pm •Swiftel Center Parking Lot •Hamlin, Deuel, Kingsbury, Lake, Mood, and Brookings County residents •Free to participate •Veolia provides handling, transport, and disposal Household Hazardous Waste •3,626 aerial shots •25 minute show •Excellent attendance Fireworks •50th Annual Brookings Arts Festival •Land and Water Conservation Grant •$47,000 •2.25 acre dog park at Sexauer Park Parks and Recreation •Monday and Friday Even •Tuesday and Saturday Odd Watering Restrictions •Registered for CALEA Accreditation •CopLogic •Safety Town Complete •185 graduates Police •16th Annual Transportation Fair •City Departments and State Patrol •480 attendees Library