[Added 6-12-2017 by Ord.
No. 2017-9]
Article XIV of the Zoning Code of the City of Latrobe shall apply to all medical marijuana organizations, unless noted otherwise herein.
A.
It is the intent of the City of Latrobe to provide reasonable and
responsible controls for medical marijuana organizations located within
the City of Latrobe. The City understands that medical marijuana has
the opportunity to provide countless individuals within the Commonwealth
and this City with the treatment and medication that they need. However,
the City of Latrobe must treat medical marijuana organizations like
all other land uses within the City and regulate their operations
as permitted by law, in order to maintain and enhance the public health,
safety, and welfare.
B.
Where state law, rules, and/or regulations provide more strict standards,
the state law, rules, and/or regulations shall be controlling over
this article. Should any provision of this article be preempted by
state law, rules, and/or regulations, be invalidated, or deemed unconstitutional,
that offending provision herein shall be stricken and the remainder
of this article shall remain in full force and effect.
A.
Siting. Medical marijuana organizations shall not be located within 200 feet of any residential zone district. Medical marijuana organizations shall not be located in a building that has any residential tenants at the time of the medical marijuana organization's application for a special exception under Chapter 166 of the City of Latrobe Code. Special exception status shall not be rescinded solely because a residential tenant moved into a building housing a medical marijuana organization following the filing of a completed application for a special exception.
B.
Home business. Medical marijuana organizations shall not be operated
as a home business.
C.
Compliance. Medical marijuana organizations shall operate in compliance
with the Medical Marijuana Act, Act No. 16 of 2016[1], as amended, and all regulations promulgated pursuant
thereto. Should a medical marijuana organization be in violation of
the Medical Marijuana Act, their special exception permit may be revoked
upon motion of Council.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
D.
Permit. Medical marijuana organizations may not operate unless and
until they have obtained a permit or other authorization issued by
the Department of Health of the Commonwealth to conduct activities
under the Medical Marijuana Act, Act No. 16 of 2016, as amended. A
medical marijuana organization may not apply for a special exception
under this Code unless they demonstrate that they are qualified to
apply for a permit to be issued by the Department of Health of the
Commonwealth under the Medical Marijuana Act, Act No. 16 or 2016.
E.
Indoor operations. All activities related to medical marijuana shall
be conducted by medical marijuana organizations inside of a building
or fully enclosed structure. No activities related to the dispensing,
growing, or processing of medical marijuana shall take place outside
the envelope of a building or fully enclosed structure. The transportation
of medical marijuana from one location to another shall not be subject
to this prohibition.
F.
Signs. Medical marijuana organizations shall comply the City of Latrobe sign requirements, as set forth in City of Latrobe Zoning Code Article VIII.
G.
Security. All medical marijuana organizations shall secure their
locations.
(1)
All possible methods of egress and ingress shall be locked to the
public at all times, with the exception of one public entrance to
the location, which may be unlocked during the hours of operation
of the facility. The building shall otherwise comply with the Property
Maintenance Code, the Fire Code, and all other applicable codes to
structures located within the City of Latrobe to ensure that the structure
is safe and provides adequate exits for safety and in the event of
an emergency.
(2)
The building must contain a video surveillance system that monitors
the area of the building open to the public, the location of all marijuana,
processed medical marijuana, and byproduct, regardless of form, and
all exits and entrances to the building. All exits and entrances to
the building shall be illuminated at all times to allow for video
surveillance. The video surveillance system shall contain sufficient
storage to retain a minimum of seven days worth of footage.
(3)
The building must be covered by a security system that alerts the
business owner and law enforcement should there be any unauthorized
access to the building housing the medical marijuana organization.
(4)
Medical marijuana organizations must comply with all electronic security
and surveillance requirements as implemented by the Commonwealth and
the Department of Health of the Commonwealth, as required by the Medical
Marijuana Act, Act No. 16 of 2016, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
A.
Medical marijuana. All medical marijuana shall be stored in a locked
location not accessible or visible to the public. Excepted from this
requirement is medical marijuana on display for purchase. Medical
marijuana on display for purchase must be secured in a locked case.
Medical marijuana can be in a locked display case during the dispensary's
hours of operation, plus a reasonable period of time before and after
the store is open. An employee for the Medical Marijuana Dispensary
shall be in the room housing the medical display case at all times
when the case is housing medical marijuana and the dispensary is open
to the public. Medical marijuana shall only be removed from the display
case when it is being dispensed to a patient holding a certification
issued pursuant to the Medical Marijuana Act, Act No. 16 of 2016[1], as amended, or it is being transported to or from the
secure medical marijuana storage location in the building or another
medical marijuana organization.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B.
Location. In addition to the requirements of 166-92, medical marijuana
dispensaries shall:
(1)
Only be located in commercial or industrial zone districts.
(2)
Shall not be located within 1,000 feet of any public, private, or parochial school (kindergarten through twelfth grade) or day-care center. This prohibition does not apply to any postsecondary educational facilities. This prohibition only applies to land uses existing on the date of special exception application pursuant to Chapter 166.
(3)
Medical marijuana dispensaries may be located on the same site as
a medical marijuana grower/processer.
C.
Services and supplies.
(2)
Medical marijuana dispensaries may sell services approved by the
Department of Health of the Commonwealth related to the use of medical
marijuana.
(3)
Medical marijuana may be consumed on-site, if the medical marijuana
dispensary provides a private space within the building for on-site
consumption. This private space must have water available to the patient
free of charge. The on-site physician, pharmacist, physician assistant
or certified registered nurse practitioner must consent to the on-site
consumption prior to the same, which can be denied due to any medical
or safety concern. If on-site consumption is permitted, the medical
marijuana dispensary shall also have a restroom available for public
use.
A.
Marijuana.
(1)
All marijuana, whether in seed form, a living plant, a plant that
is being processed, a plant that has been processed, medical marijuana
(as defined by 35 P.S. § 10231.103), the remains of the
plant following processing, or any other form, shall be kept at all
times in a locked location not open to the public. Medical marijuana
being transported to or from any other medical marijuana organization
pursuant to the Medical Marijuana Act, Act No. 16 of 2016[1], shall be exempt from this requirement.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2)
All refuse generated from the growing and production of medical marijuana
shall be stored in a locked location not open to the public. It shall
be disposed of in such a manner that the refuse is not accessible
to the public at large.
