§ 5.22.050. Access to establishment without warrant.

Submission and subsequent approval of an application for a marijuana establishment business license constitutes permission of entry to and reasonable inspection of the establishment by the license division, chief of police, fire chief, or their designees, with or without notice at any time. Such inspection may require more than one visit to the marijuana establishment.

(1)

Findings.  

a.

The city is permitted by statute to regulate the conduct of marijuana establishments within its corporate limits.

b.

Marijuana businesses are part of a closely regulated industry. Through ordinances and statutes, marijuana licensees are required to conduct their business within particular parameters and are prohibited from permitting or engaging in particular acts.

c.

The city has a substantial interest in preserving the public's health, safety and quality of life through, among other programs, the regulation of marijuana businesses.

d.

Inspection of commercial property on which marijuana is cultivated, sold or manufactured within the bounds of this section is a necessary component of enforcing marijuana ordinances and statutes.

(2)

Purpose.  

a.

The provisions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons patronizing or otherwise affected by a business so as to:

1.

Secure compliance with any provision of NRS Chapter 453D, the regulations or the Reno Municipal Code; and

2.

Prevent a violation of any provision of NRS Chapter 453D, the regulations or the Reno Municipal Code; or

3.

Conduct unannounced inspection of an establishment in response to an allegation of noncompliance with NRS Chapter 453D, the regulations or the Reno Municipal Code.

(3)

The license division, chief of police, fire chief or their designee may enter and inspect a marijuana establishment at any time, with or without notice, each building or the premises of a marijuana establishment to ensure compliance with the standards and regulations for business licenses, safety, health and sanitation, NRS 453D and the regulations. The license divisions, chief of police, fire chief or their designee are also granted the powers to conduct inspections and examinations to the same extent as the department is granted under the regulations. These limitations shall not be construed to prohibit action based upon any other constitutionally recognized exception to the warrant requirement.

(4)

In addition, the license division, chief of police, fire chief or their designee may upon receipt of a complaint against a marijuana establishment, except for a complaint concerning the cost of service, may enter and insect a marijuana establishment at any time, with or without notice, to investigate the premises, facility, qualifications of personnel, methods of operation, policies, procedures and records of that establishment or any other establishment which may have information pertinent to the complaint.

(5)

Refusal to allow entry pursuant to this subsection shall constitute grounds for suspension or revocation of a license as described in the Reno Municipal Code.

(Ord. No. 6467, § 3, 6-6-18)