(1) The total number of retail cannabis business permits for retailers based within the city shall be two, with one retail cannabis business permit issued to a retailer located in the Civic Mixed-Use Zone (CivicMU) and one retail cannabis business permit issued to a retailer located in the Urban Agriculture Overlay Zone (-UA).

(2) The number of retail cannabis business permits for retailers (including commercial cannabis businesses engaged in retail sales) based outside the city to engage in delivery within the city shall be zero. However, should a court of competent jurisdiction, as a judicial remedy, order the city council to increase the maximum number of retail cannabis business permits issued for retailers (including commercial cannabis businesses engaged in retail sales) based outside the city to engage in delivery within the city, the number of retail cannabis business permits for retailers (including commercial cannabis businesses engaged in retail sales) based outside the city to engage in delivery within the city shall be no more than two.

(3) The maximum number of retail cannabis business permits issued for cannabis retailers based within the city or outside the city (including commercial cannabis businesses engaged in retail sales) may not be amended by the city council or regulations promulgated by the city manager pursuant to this chapter. However, (a) the city council may and shall increase the maximum number of retail cannabis business permits issued for retailers based within the city or outside the city (including commercial cannabis businesses engaged in retail sales) if ordered to do so by a court of competent jurisdiction as a judicial remedy or (b) the city council may increase the maximum number of retail cannabis business permits issued, via ordinance, for retailers based within the city to provide for one retail cannabis business permit issued for retailers based within the city per every 10,000 residents of the city as determined by the U.S. Census. (For example, in 2020, the U.S. Census determined that the city had a population of 22,811; therefore, the number of retail cannabis business permits for retailers based within the city shall be two. However, if a future U.S. Census determines that the population of the city exceeds 30,000, the city council may increase the number of retail cannabis business permits for retailers based within the city to three, unless the number of retail cannabis business permits for retailers based within the city has already been increased to three or more pursuant to subsection (2) of this section, and so on and so forth.) (Ord. 730 § 5, 2022).