[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
The purpose of this Article is to provide for the regulation
of the time, place and manner of the operation of marijuana-related
uses to serve the citizens and businesses of Owensville in compliance
with Missouri State law.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
As used in this Article, the following terms shall have the
meanings and usages indicated:
A facility licensed as such by the State of Missouri.
A facility licensed as such by the State of Missouri.
A facility licensed as such by the State of Missouri.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" do not include industrial hemp as defined by Missouri
law or commodities or products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including
but not limited to edible products, ointments, tinctures and concentrates.
A facility licensed as such by the State of Missouri.
A facility licensed as such by the State of Missouri.
A facility licensed as such by the State of Missouri.
A facility licensed as such by the State of Missouri.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
A.
In addition to all other pertinent and applicable laws and regulations,
the following special conditions shall apply to all businesses and
establishments selling, growing, acquiring, transporting, delivering,
cultivating, harvesting, processing, testing, manufacturing, extracting
and/or certifying marijuana and/or marijuana-infused products, including,
but not limited to, medical or comprehensive marijuana cultivation
facilities, medical or comprehensive marijuana dispensary facilities,
medical or comprehensive marijuana-infused products manufacturing
facilities, and marijuana testing facilities ("marijuana-related uses"):
1.
Location Restrictions. No medical or comprehensive marijuana
dispensary facilities shall be operated or maintained within seven
hundred fifty (750) feet of the property line of a then-existing elementary
or secondary school, child day-care center, or church. No medical
or comprehensive marijuana cultivation facilities, medical or comprehensive
marijuana-infused products manufacturing facilities, or marijuana
testing facilities shall be operated or maintained within one thousand
(1,000) feet of the property line of a then-existing elementary or
secondary school, child day-care center, or church. "Then-existing"
shall mean any elementary or secondary school, child day-care center,
or church with a written building permit from the City to be constructed,
or completed and in use at the time the marijuana-related use first
applies for either zoning or a building permit, whichever comes first.
2.
Operations And Storage. Marijuana cultivation and processing
activities shall only occur within an enclosed building. All operations
shall be within a fully secured area inside the building. All storage
of materials, products, or equipment shall be within a fully secured
area inside the building structure or outdoors on the property in
an area enclosed by a fence or wall.
3.
On-Site Usage Prohibited. No marijuana or marijuana-infused
product may be smoked, ingested, or otherwise consumed on premises
of a property upon which a marijuana-related use is conducted.
4.
Display Of License Required. The license issued by the State
of Missouri to conduct the marijuana-related use shall be displayed
prominently in a location visible from the front entrance to the facility.
5.
Hours Of Operation. All sales or distribution of marijuana and
any other products sold to the public through a medical or comprehensive
marijuana dispensary shall take place between the hours of 8:00 A.M.
and 6:00 P.M., Monday through Sunday.
a.
Medical and comprehensive marijuana dispensary facilities shall
be secured and closed to the public after hours and no persons not
employed by the medical and comprehensive marijuana dispensary facility
may be present in such a facility at any time it is closed to the
public.
b.
All Marijuana-Related Uses Other Than Medical And Comprehensive
Marijuana Dispensary Facilities. No persons not employed by the business
shall be on the premises at any time without being approved entry,
obtaining a visitor pass, and logged in by building security personnel.
6.
Waste Disposal. Any excess or unusable marijuana or marijuana
by-product of a marijuana-related use shall be stored securely before
final disposition, which may be done within the facility in areas
designated for disposal activities or, if necessary, outside the facility
in a locked, tamper-resistant receptacle.
7.
No marijuana-related use or facility shall emit an odor or in
any way cause a public nuisance. The applicant shall demonstrate that
the appropriate systems will be provided to prevent any odor or marijuana
or fumes from leaving the facility.
8.
Medical And Comprehensive Marijuana Facility Site Requirements.
All medical and comprehensive marijuana facilities must:
a.
Be monitored by high resolution, color, Internet-based security cameras,
which must be made available to law enforcement upon request;
b.
Contain a fireproof safe or vault attached to the building's structure
to secure cash and any processed marijuana;
c.
Have a centrally monitored fire and burglar alarm system;
d.
Equip building exteriors and parking areas with light fixtures that
are sufficient to provide illumination of at least one and one-half
(1.5) foot-candles and that must be on from dusk to dawn;
e.
Not produce noise, dust, vibration, glare, fumes, odors, or electrical
interference that can be readily noticed outside the property's boundary;
f.
Secure marijuana waste disposal receptacles and ensure they remain
in the possession and under the control of the licensee;
g.
Require any and all marijuana cultivation, processing, storage, display,
and sales to be conducted within an enclosed building not visible
from the building's exterior.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
A.
Medical and comprehensive marijuana cultivation facilities, medical
and comprehensive marijuana dispensary facilities, medical and comprehensive
marijuana-infused products manufacturing facilities, and marijuana
testing facilities shall be a permitted use in certain zoning districts,
as follows:
1.
Medical and comprehensive marijuana cultivation facilities,
medical and comprehensive marijuana-infused products manufacturing
facilities, and marijuana testing facilities shall be a permitted
use in "M-1" Light Industrial District and "M-2" Industrial District
only, and shall be prohibited in all other districts.
2.
Medical and comprehensive marijuana dispensary facilities shall
be a permitted use in "OTC" Old Town Commercial District, "C-1" Commercial
District, and "C-2" Highway Commercial District only, and shall be
prohibited in all other districts.
[Ord. No. 1423, 6-19-2023]
Any person violating this provision shall be subject to a fine
of not more than five hundred dollars ($500.00). Each day the violation
continues shall constitute a separate offense.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
If any Section, Subsection, sentence, clause, phrase or portion
of this Chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
