BROOKINGS – The Brookings City Council will consider an application by Déjà vu SD for a medical cannabis dispensary license in the city during Tuesday’s meeting.
The meeting starts at 5:30 p.m. Tuesday with an executive session for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee.
The regular session will begin at 6 p.m. in the City & County Government Center and will have an executive session at the end of it.
The council will also consider the city manager’s contract for 2022.
Medical cannabis dispensary
City staff is requesting city council action on a medical cannabis application received from Déjà vu SD for a dispensary to be located as 604 First Ave., according to a memo by City Clerk Bonnie Foster.
The application lists Sheraz Warraich as CEO and Amar Warraich as vice president, both of Belle Fourche, of the proposed establishment.
Ordinance 21-028 outlines the application review process:
1. Upon receipt of a complete application, the city manager or his 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 his 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 his representative shall reject any application that does not meet the requirements of this ordinance or that contains any false, misleading or incomplete information.
2. Within 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 his representative has determined that all requirements for a medical cannabis dispensary license have been satisfied. The city clerk or her 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.
3. If approved, the city clerk or her 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.
City staff, city attorney, and cannabis consultant Bill Efting have reviewed the application from Déjà vu SD, according to Foster’s memo.
“The application is complete, with proof of possession of the property, by deed or purchase agreement confirmed. The site location, 604 First Ave., meets zoning requirements, with some concerns to avoid disturbing the neighboring residence. An inspection of the facility prior to opening and after remodeling will be necessary,” according to Foster’s memo.
“Once the establishment certificate is issued by the state, the city will complete a full inspection of the facility due to the many items to be installed, remodeled, etc. Staff will need to verify their facility and plan is consistent with the plan per their application,” according to Foster’s memo.
“City Attorney Steve Britzman has reviewed the application, purchase agreement and attachments, and has determined that the application and attachments satisfy the requirements for a medical cannabis license, with the license subject to city inspection prior to operation,” according to Foster’s memo.
Establishment of a medical cannabis dispensary will result in economic growth for the community, according to Foster’s memo. Financial considerations are set in Resolution 21-075, that the medical cannabis application fee is $5,000 and the medical cannabis establishment license fee is $5,000.
City manager’s contract
The city manager serves at the pleasure of and is appointed by the Brookings City Council. The city council entered into an employment agreement with City Manager Paul Briseno on April 24, 2018, according to a memo by Susan Rotert, director of human resources.
“The city manager’s compensation package is subject to adjustment based on the discretion of city council,” according to Rotert’s memo.
“It is prudent to review contractual language for relevance and identify any needed or desired adjustments at regular intervals,” according to Rotert’s memo.
“The resolution allows for city council to make adjustments to the city manager’s compensation package based on performance and merit. The resolution also adds language to the employment agreement to limit the city council’s ability to terminate the city manager without cause within the 60 days following the seating of a new city council member so as to allow any newly elected or appointed member(s) of the city council sufficient time to observe the actions and ability of the city manager to perform the duties of their office. This does not limit the termination with cause,” according to Rotert’s memo, adding that City Attorney Steve Britzman has reviewed the resolution.
Contact Jodelle Greiner at jgreiner@brookingsregister.com.
