NORTH SIOUX CITY, S.D. (KCAU) — A medical marijuana dispensary in North Sioux City will be able to keep its state license even though the facility violates city rules defining where dispensaries can be located.

In April, the state of South Dakota held a drawing to award four dispensary licenses in North Sioux City. Kind Care of South Dakota recieved a license for a future location at 206 Military Road.

However, a church at 205 Louis Avenue sits roughly 380 feet away. City Code states dispensaries can be no closer than 500 feet to churches, schools, and other public buildings.

Kind Care should have been disqualified from the license process, but becasue the church was missed on a city survey, the license is being granted.

“We sought the advice of our City Attorney, it was determined that the error, being clerical, was not the result of anything the applicant did necessarily wrong. We are proceeding with the applicant, they have been approved by the state for the license,” said North Sioux City Administrator, Eric Christensen.

Christensen said that if Kind Care’s license expires, then no other dispensary would be allowed to obtain the license at the same location.

North Sioux City has a cap on how many licenses it can award to marijuana dispensaries. However, residents will vote this November on a ballot petition to remove that limit.