1. Purpose And Intent.
a. The purpose of this Subsection is to regulate the placement and operation of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
2. Definitions. See above
3. Licensing Requirements.
a. No medical facility or marijuana facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services.
b. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
c. Each medical facility or marijuana facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
4. Location Limitations.
a. No medical facility or marijuana facility shall be located within the following:
(1) One thousand (1,000) feet of a place of worship, primary or secondary school, or child day-care center.
(2) One thousand (1,000) feet of another medical facility or marijuana facility except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Facilities under the same ownership and on the same property are exempt from this requirement.
(3) One thousand (1,000) feet of a public park or public recreational facility.
(4) Five hundred (500) feet of a residential zoning district.
b. Measurements.
(1) The distances described in Subsection
(B)(4)(a)(1) shall be computed as follows:
(a) In the case of a freestanding medical facility or marijuana facility, the distance between the facility and the place of worship, primary or secondary school, or child day-care center shall be measured from the external wall of the facility structure closest in proximity to the place of worship, primary or secondary school, or child day-care center to the closest point of the property line of the place of worship, primary or secondary school, or child day-care center.
(b) In the case of a medical facility or marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the place of worship, primary or secondary school, or child day-care center shall be measured from the property line of the place of worship, primary or secondary school, or child day-care center to the facility's entrance or exit closest in proximity to the place of worship, primary or secondary school, or child day-care center.
(c) In either case, if the place of worship, primary or secondary school, or child day-care center is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the place of worship, primary or secondary school, or child day-care center closest in proximity to the facility.
(d) Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2) The distances described in Subsections
(B)(4)(a)(2),
(B)(4)(a)(3) and
(B)(4)(a)(4) shall be computed by direct measurement from the nearest property line to the nearest portion of the building housing the medical facility or marijuana facility, using a straight line.
(3) The distances described herein may be reduced by the Board of Aldermen, upon recommendation of the Planning and Zoning Commission, and in such instances, approval of a special use permit is required in accordance with Section
405.170.
5. Operation Limitations.
a. A medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility may open no earlier than 8:00 A.M. and shall close no later than 10:00 P.M. the same day. A medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility may be open seven (7) days a week.
b. No medical facility or marijuana facility shall emit an odor that may constitute a public nuisance as defined in Chapter
220 of the Municipal Code,
Nuisances. Appropriate ventilation systems to mitigate odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
c. The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a medical facility or marijuana facility is prohibited.
d. The consumption, inhalation or other personal use of marijuana or marijuana-infused products on or within the premises of a marijuana testing facility is permitted during the testing process and only as it relates to the testing process.