[Ord. No. 1224-19-15, 11-7-2019]
The following words shall have the meanings set forth below, unless the context clearly dictates otherwise, or unless contradicted by the definition provided by the State Statute or Missouri Constitution, Article
XVI.
CHILD DAY-CARE CENTER
Is a child-care program conducted in a location where care
is provided for compensation for children not related to the child-care
provider.
CHURCH
Includes churches, synagogues, temples or other places of
worship.
MARIJUANA OR MARIHUANA
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
the seed thereof and resin extracted from the plant and marijuana-infused
products.
MARIJUANA-INFUSED PRODUCTS
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.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
or to a medical marijuana-infused products facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer or consume marijuana and
provided for in this Section to a qualifying patient, a primary caregiver,
another medical marijuana dispensary facility, a medical marijuana
testing facility, or a medical marijuana-infused products facility.
MEDICAL MARIJUANA FACILITY
A medical marijuana dispensary, medical marijuana cultivation
facility, medical marijuana testing facility, and medical marijuana-infused
products facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transfer, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused products manufacturing
facility.
SCHOOL
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 1224-19-15, 11-7-2019]
A medical marijuana facility licensed by the State of Missouri
may be located in the I-1 Industrial District. A permitted use in
the C-1 Commercial District shall include a medical marijuana dispensary
facility. No medical marijuana facility may be located closer than
five hundred (500) feet to any other medical marijuana facility. No
medical marijuana facility may be located within eight hundred (800)
feet of any school, child day-care center, or church. No medical marijuana
facility may be located with five hundred (500) feet of the R-1 single
and two-family district, R-2 mobile home district, and R-3 multifamily
district. No medical marijuana facility shall be located within five
hundred (500) feet of a public park.
[Ord. No. 1224-19-15, 11-7-2019]
A. In the case of a freestanding facility, the distance between the
facility and the school, day care, or church shall be measured from
the external wall of the facility structure closest in proximity to
the school, day care, or church to the closest point of the property
line of the school, day care, or church.
B. In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest in proximity to the school, day care, or church.
C. Measurements shall be made along the shortest path between the demarcation
points that can be traveled by foot.
[Ord. No. 1224-19-15, 11-7-2019]
Medical marijuana businesses shall be required to have a City
business license as provided by the City Code of the City of Palmyra,
Missouri, but shall not be required to have any other City-issued
license.
[Ord. No. 1224-19-15, 11-7-2019]
A. A medical marijuana dispensary shall not be open to the public or
make any sales of marijuana or marijuana-infused products between
the hours of 10:00 P.M. and 8:00 A.M. the following day.
B. No medical marijuana of any type may be consumed or ingested or administered
on the premises of a medical marijuana dispensary, nor shall the licensee
permit consumption, ingestion, or the administering of the same.
C. A medical marijuana dispensary shall require any customer to display
the customer's qualifying patient identification card or a primary
caregiver identification card, from the Department of Health and Senior
Services at the time of each purchase.
D. No person under the age of eighteen (18) years old shall be allowed
into a medical marijuana dispensary, except that a qualifying patient
who is under the age of eighteen (18) years but who has been emancipated
by a court order, and a qualifying patient under the age of eighteen
(18) years when accompanied by the qualifying patient's parent, guardian,
or primary caregiver.
E. A medical marijuana dispensary shall display its State-issued license,
visible to the public, at all times.
F. No medical marijuana dispensary shall emit any odor of marijuana
which is capable of being smelled by a person of ordinary senses outside
of the boundary of the lot on which the facility is located.
[Ord. No. 1224-19-15, 11-7-2019]
No person shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the licensee and designed to prohibit unauthorized access.
[Ord. No. 1224-19-15, 11-7-2019]
A. A medical marijuana dispensary shall be operated from a fixed and
permanent location. No medical marijuana dispensary shall be permitted
to operate from a movable, mobile, or transitory location. This Section
shall not prevent the physical delivery of medical marijuana to a
patient holding a qualified patient identification card for medical
marijuana issued by the State of Missouri or another state, or to
a person holding a valid primary caregiver identification card for
medical marijuana issued by the State of Missouri or another state,
if:
1.
The marijuana was lawfully purchased by the patient or the patient's
primary caregiver from the licensed medical marijuana dispensary;
2.
The marijuana is delivered only to the patient or the patient's
primary caregiver;
3.
The marijuana is delivered only by the medical marijuana dispensary
or an employee of the medical marijuana dispensary;
4.
The marijuana is delivered only to a location within the City;
and
5.
The marijuana is delivered only by the use of a motor vehicle,
bicycle, or other lawful means of transportation.
6.
Medical marijuana may not be delivered by drone or any remotely
operated vehicle, or by any self-navigating vehicle unless a human
occupies such self-navigating vehicle.
[Ord. No. 1224-19-15, 11-7-2019]
Devices, contrivances, instruments, and paraphernalia for inhaling,
consuming, ingesting, or administering marijuana, including, but not
limited to, rolling papers and related tools, water pipes, and vaporizers
may lawfully be sold at a medical marijuana dispensary. Such items
may only be sold or provided to a person holding a qualifying patient
identification card for medical marijuana issued by the State of Missouri
or another state, or to a person holding a primary caregiver identification
card for medical marijuana issued by the State of Missouri or another
state.
[Ord. No. 1224-19-15, 11-7-2019]
A. A medical marijuana dispensary shall provide adequate security on
the premises, including, but not limited to, the following:
1.
Security surveillance cameras installed to monitor the main
entrance and exit along with the interior and exterior of the premises
to discourage and to facilitate the reporting of criminal acts and
nuisance activities occurring at the premises. Security video shall
be preserved for at least seventy-two (72) hours.
2.
Robbery and burglary alarm systems which are professionally
monitored and maintained in good working condition.
3.
A locking safe permanently affixed to the premises that is suitable
for storage of all of the salable inventory of marijuana if marijuana
is to be stored overnight on the premises.
4.
Exterior lighting that illuminates the exterior walls of the
business.