[Ord. No. 19-34, 1-7-2020]
Unless specifically defined in this Chapter, definitions shall
be in accordance with the Article XIV, Section 1 of the Missouri Constitution
and the Missouri Department of Health and Senior Services (or its
successor) regulations governing medical marijuana facilities, which
are currently in 19 CSR 30-95.
[Ord. No. 19-34, 1-7-2020]
All medical marijuana facilities shall always comply with all
laws and regulations issued by the Missouri Department of Health and
Senior Services (or its successor) and the Municipal Code related
to medical marijuana facilities. If the State's laws and regulations
are more restrictive than the City's, than the more restrictive requirement
applies.
[Ord. No. 19-34, 1-7-2020]
No medical marijuana facility shall be operated without a valid
business license, an occupancy permit, and a valid license issued
by the Missouri Department of Health and Senior Services (or its successor).
[Ord. No. 19-34, 1-7-2020]
A.
No
medical marijuana dispensary facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing elementary or secondary
school or property owned by a school district, as elementary and secondary
schools are defined by State laws and regulations governing medical
marijuana facilities.
B.
No
medical marijuana cultivation facilities licensed by the Missouri
Department of Health and Senior Services (or its successor), and authorized
to operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing elementary or secondary
school or property owned by a school district, as elementary and secondary
schools are defined by State laws and regulations governing medical
marijuana facilities.
C.
No
medical marijuana-infused products manufacturing facilities licensed
by the Missouri Department of Health and Senior Services (or its successor),
and authorized to operate under Article XIV, Section 1 of the Missouri
Constitution, including one co-located, shall be initially sited or
expanded, at the time of application for license or for zoning approval,
within one thousand (1,000) feet of any then-existing elementary or
secondary school or property owned by a school district, as elementary
and secondary schools are defined by State laws and regulations governing
medical marijuana facilities.
D.
No
medical marijuana testing facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing elementary or secondary
school or property owned by a school district, as elementary and secondary
schools are defined by State laws and regulations governing medical
marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
A.
No
medical marijuana dispensary facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing church as church is
defined by State laws and regulations governing medical marijuana
facilities.
B.
No
medical marijuana cultivation facilities licensed by the Missouri
Department of Health and Senior Services (or its successor), and authorized
to operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing church as church is
defined by State laws and regulations governing medical marijuana
facilities.
C.
No
medical marijuana-infused products manufacturing facilities licensed
by the Missouri Department of Health and Senior Services (or its successor),
and authorized to operate under Article XIV, Section 1 of the Missouri
Constitution, including one co-located, shall be initially sited or
expanded, at the time of application for license or for zoning approval,
within one thousand (1,000) feet of any then-existing church as church
is defined by State laws and regulations governing medical marijuana
facilities.
D.
No
medical marijuana testing facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing church as church is
defined by State laws and regulations governing medical marijuana
facilities.
[Ord. No. 19-34, 1-7-2020]
A.
No
medical marijuana dispensary facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing daycare center as daycare
is defined by State laws and regulations governing medical marijuana
facilities.
B.
No
medical marijuana cultivation facilities licensed by the Missouri
Department of Health and Senior Services (or its successor), and authorized
to operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing daycare center as daycare
is defined by State laws and regulations governing medical marijuana
facilities.
C.
No
medical marijuana-infused products manufacturing facilities licensed
by the Missouri Department of Health and Senior Services (or its successor),
and authorized to operate under Article XIV, Section 1 of the Missouri
Constitution, including one co-located, shall be initially sited or
expanded, at the time of application for license or for zoning approval,
within one thousand (1,000) feet of any then-existing daycare center
as daycare is defined by State laws and regulations governing medical
marijuana facilities.
D.
No
medical marijuana testing facilities licensed by the Missouri Department
of Health and Senior Services (or its successor), and authorized to
operate under Article XIV, Section 1 of the Missouri Constitution,
including one co-located, shall be initially sited or expanded, at
the time of application for license or for zoning approval, within
one thousand (1,000) feet of any then-existing daycare center as daycare
is defined by State laws and regulations governing medical marijuana
facilities.
[Ord. No. 19-34, 1-7-2020]
Measurements shall be made in accordance with State laws and
the Missouri Department of Health and Senior Services (or its successor)
regulations governing medical marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
The medical marijuana dispensary facility's hours of operation
shall be limited to 8:00 a.m. to 8:00 p.m., Sunday through Saturday.
No sales or distribution of medical marijuana or any other products
sold to the public shall take place outside of the hours of operation.
No persons not employed by the facility shall be on the premises without
being approved by the facilities' security personnel and shall be
required to obtain and display an after-hours pass.
[Ord. No. 19-34, 1-7-2020]
A.
Medical
marijuana facilities shall only sell medical marijuana or medical
marijuana-infused products to a qualified patient in possession of
a valid qualified patient identification card or a caretaker of a
qualified patient, or patients, in possession of a valid qualified
caretaker card issued from the Missouri Department of Health and Senior
Services or its successor.
B.
The
medical marijuana facility shall be located and operated from a permanent
and fixed enclosed structure and may not be located in a trailer,
cargo container, or motor vehicle, and the structure shall not be
mobile or operate from a transitory location. Any and all cultivation,
processing, storage, display, sales or other distribution of marijuana
shall occur within the enclosed structure and shall not be visible
from the exterior of the building.
C.
The
medical marijuana facility shall not sell to customers who are in
cars or who consume the sold products in cars parked on the facility,
nor shall it sell products through a sales window, to customers who
are in cars, for the immediate consumption by the customer either
on or off the premises.
D.
The
medical marijuana facility shall not provide delivery services for
any of its products unless otherwise allowed by State law.
E.
All
medical marijuana facilities shall have installed and operational
at all times a ventilation system or odor mitigation system to prevent
any odor of marijuana from leaving the building or individual unit
where the facility operates from so that no odor of marijuana shall
be detectable by a person with normal sense of smell beyond the building
or unit where the facility operates. The facility shall not use any
equipment or process that creates noise, dust, vibration, glare, fumes,
odors or electrical interference detectable to the normal senses beyond
the building or unit where the facility operates.
F.
No
medical marijuana facility shall create or cause any public nuisance.
G.
If
a medical marijuana facility elects to sell devices, contrivances,
instruments, and paraphernalia for inhaling or otherwise consuming
marijuana, including, but not limited to, rolling papers, and related
tools, water pipes, and vaporizers, said items shall only be sold
to an individual who is a qualified patient in possession of a valid
qualified patient identification card or a caretaker of a qualified
patient, or patients, in possession of a valid qualified caretaker
card.
H.
No
medical marijuana facility shall display signage or advertisements
with the "marijuana" or "cannabis," or any other word, phrase, or
symbol commonly understood to refer to marijuana unless the word or
phrase is immediately proceeded by the word "medical" in the same
type and font as all other words and symbols.
I.
No
medical marijuana facility shall advertise or promote the recreational
or other use of medical marijuana that is inconsistent with the medical
use of medical marijuana.
J.
No
medical marijuana facility shall allow marijuana to be consumed on
the premises or within the parking lot used by the facility.
K.
No
medical marijuana facility shall operate unless the license issued
by the Missouri Department of Health and Senior Services (or its successor),
is openly and conspicuously placed at the entrance to the facility.
L.
No
person under the age of eighteen (18), except a patient when accompanied
by a parent or legal guardian, shall be allowed on the premised of
the medical marijuana facility.
M.
No
medical marijuana facility shall operate unless all the safety and
security requirements as required by the Missouri Department of Health
and Senior Services (or its successor) are in place and fully functional
at all times. All security records shall be available to law enforcement
upon request.
N.
The
medical marijuana facility shall display a sign on the interior of
the facility indicating that a patient identification card or primary
caregiver identification card, issued from the Missouri Department
of Health and Senior Services (or its successor), is required and
must be presented to purchase medical marijuana and marijuana-infused
products.
O.
Within
thirty (30) days of ceasing operations, all medical marijuana-related
products, supplies, and equipment, including signage, shall be removed
from the facility.
P.
It
shall be unlawful for any person to distribute, transmit, give, dispense,
or otherwise provide medical marijuana as a home occupation.
Q.
The
regulations contained in this Chapter shall be in addition to any
and all regulations contained elsewhere in the Municipal Code or Zoning
Ordinance.
