Mitchell City Council to consider issuing four medical marijuana dispensary licenses

The Missouri-based group that submitted an application for a dispensary license is seeking to open a medical marijuana business at 1400 S. Burr St., where Mitchell’s Runnings is currently located.

Shown here is the 1620 S. Burr St. location that Native Nations Cannabis is seeking to open a medical marijuana dispensary. The Mitchell City Council tabled the application due to its close proximity of another proposed cannabis dispensary location. (Sam Fosness / Republic)

The Mitchell City Council will consider approving a handful of recently submitted medical marijuana applications on Monday.

All four of the applications are seeking medical marijuana dispensary licenses. If the council approves all four dispensary applications, Mitchell will have reached its cap of five dispensary licenses permitted to operate in city limits. The council will decide whether to grant the licenses during its 6 p.m. meeting at City Hall.

Among the applicants and entities who submitted medical cannabis dispensary applications that will be considered for approval are Mitchell resident Donald Livesay Jr., a Flandreau-based Native American cannabis group, Emmett Reistroffer of Sioux Falls and a group based out of Missouri.

The Missouri-based group that submitted an application for a dispensary license is seeking to open a medical marijuana business at 1400 S. Burr St. -- where Mitchell’s Runnings is currently located. Runnings is in the process of moving out of the 1400 S. Burr St. location and moving its business across the street into the former Kmart building.

The group would be doing business in Mitchell under the name, BWD Mitchell, LLC. If approved, BWD Mitchell’s dispensary would be dubbed BesaMe Wellness. The group operates nine BesaMe Wellness dispensaries in Missouri, with locations in Kansas City, Joplin and Smithville, to name a few.


While most of the applicants who submitted on behalf of BWD Mitchell are Missouri residents, the vice president of the company is a South Dakota resident, as required by the city’s medical cannabis licensing regulations.

As construction work advances at the 1313 S. Burr St. building, Runnings is inching closer to opening at the new and improved location, which would free up the 1400 S. Burr St. building for the group to transform it into a medical cannabis business.

Livesay Jr., an owner of the Kongo Klub on the north end of Mitchell, is interested in opening a dispensary at 501 E. Juniper Ave. The building is located next to Corona Village Mexican restaurant on the south side of Mitchell.

Anthony Reider, of Flandreau, submitted a dispensary application on behalf of Native Nations Cannabis, which was the state’s first medical marijuana dispensary to open in July following the legalization of medicinal cannabis. Native Nations Cannabis plans to open a Mitchell location on the south end of Mitchell inside the building that houses Anytime Fitness, Einstein Bros. Bagels and Fit My Feet, located at 1620 S. Burr St.

Rounding out the field of four applicants is Reistroffer, owner of Sioux Falls-based Genesis Farms LLC, who is seeking to open a medical marijuana dispensary inside Tara Volesky’s downtown building that sits on the corner of Fifth Avenue and Main Street. If approved, Reistroffer would bring downtown Mitchell its first dispensary.

However, there are some obstacles Reistroffer is up against with his plan to open a dispensary at the Main Street location since a local church sits across the street. A medical marijuana establishment cannot be within 300 feet of a church, according to the city’s zoning codes for medical cannabis establishments. Volesky’s building is fewer than 300 feet away from the Word of Life Church across the street, which means Reistroffer would need to seek a variance for the dispensary to open its doors.

Mayor Bob Everson said Reistroffer would also be required to apply for a conditional use permit to open the dispensary due to the building being located in a central business district. Though the dispensary would be within 300 feet from the Word of Life Church, located at 420 N. Main St., Everson indicated the City Council could still approve Reistroffer's application to operate a dispensary through granting him a variance and conditional use permit.

Reistroffer was among the five applicants to secure a dispensary license in the city of Sioux Falls after being drawn in the city’s lottery system. While the maximum number of dispensaries that can operate at any given time in Sioux Falls is capped at five, Reistroffer submitted 26 applications, each costing $75,000, in hopes of boosting his chances of being drawn in the lottery system.


If the council denies an application on Monday, the eight-person governing body has the option to refund the $5,000 application fee. Since the city began accepting applications in early October, the council has approved one dispensary license that was submitted by Jordan Raftis.

Raftis is set to open his dispensary, Superior Buds, in a suite inside the 1005 E. Spruce St. strip mall on the south end of Mitchell, near Walmart.

Each license-holder is also subject to an annual renewal fee of $5,000 to continue operating in Mitchell.

Consent agenda

The following items will be considered as part of the consent agenda:

  • Approve the minutes and reports from the following meetings: Nov. 15 City Council meeting; Nov. 29 special meeting.

  • Approve committee reports.

  • Approve the following raffle permits: Heart & Sole with the drawing to be held on Jan. 16, 2022; Mitchell Technical College Mavericks Rodeo with the drawing to be held on Jan. 28, 2022; Dakota Wesleyan University with the drawings to be held on Jan. 16, 2022, Feb. 2, 2022, and Feb. 16, 2022; James River Gobblers-NWTF with the drawing to be held on Feb. 5, 2022; Mitchell School District Caring Closet with the drawing to be held on Mar. 15, 2022; South Dakota Rotary with the drawing to be held on April 9, 2022; Congregational UCC Church with the drawing to be held on Nov. 6, 2022.

  • Approve accepting $3,500 donation for benches and flag poles at the Lakeview Golf Course.

  • Approve automatic supplements.

  • Approve 2020 delinquent utility billing account write-offs.

  • Approve the following 2022 renewal of vehicle for hire company applications: CabMe, LLC; Palace transit, D&J Fun Bus, E-Z Ride and Granite Springs Lodge.

  • Approve 2022 renewal of Lyft’s transportation Network Company application.

  • Approve 2022 benefit rates.

  • Approve 2022 personnel policy.

  • Approve gas and fuel quotes.

  • Approve Dec. 16 pay estimates.

  • Approve bills, payroll, salary adjustments, new employee hires, authorization of recurring payments and other expenses.

Other business

  • Recite pledge of allegiance and receive invocation from Grace Baptist church.

  • Hear citizens input.

  • Consider entering into executive session, citing legal discussion.

  • Approve applications to renew alcohol licenses.

  • Approve new vehicle for hire company application submitted by BJ’s Party Bus, LLC.

  • Approve access to a private road as requested by Dan Rew.

  • Approve Agreement No. A2021-58, American Rescue Plan Act grant in the amount of $15,304 for the Mitchell Public Library.

  • Approve developer’s agreement for the tax increment finance district No. 26. The TIF is for the 223 N. Main St. building, also known as the former Crafty Fox, renovation and development plan.

  • Approve dissolving TIF No. 11 since the debt associated with the TIF has been paid.

  • Approve resolution for the city’s 2022 compensation plan.

  • Approve setting city fees and charges for residents who do not have a smart meter reader.

  • Approve second reading of an ordinance that amends the city’s firearms policy.

  • Approve first reading of supplemental appropriations.

Sam Fosness joined the Mitchell Republic in May 2018. He was raised in Mitchell, S.D., and graduated from Mitchell High School. He continued his education at the University of South Dakota in Vermillion, where he graduated in 2020 with a bachelor’s degree in journalism and a minor in English. During his time in college, Fosness worked as a news and sports reporter for The Volante newspaper.
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