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Platte City, MO
Platte County
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Table of Contents
Table of Contents
[Ord. No. 1894, 6-25-2019]
Medical Marijuana is, by law, a restricted product that is regulated differently than other products. The provisions of this Chapter establish vital regulation of the sale, distribution, cultivation and processing of medical marijuana in order to promote responsible consumption, combat illegal underage use, and achieve other important policy goals such as maintaining an orderly marketplace composed of licensed producers, importers, distributors, and retailers. The City Clerk shall be responsible for issuing medical marijuana licenses and maintaining license information.
[Ord. No. 1894, 6-25-2019]
The following definitions apply to this Chapter of the City Code:
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or any private schools giving instruction in a grade or grades not higher than the twelfth (12th) grade, but which does not include any private school in which the education is primarily conducted in private residences or homes.
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 manufacturing 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 marijuana as provided for in this Section to a qualifying patient, primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, 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.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to transport marijuana to a qualifying patient, primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-transportation facility.
[Ord. No. 1894, 6-25-2019]
A. 
No person shall cultivate, process/infuse, transport, sell or offer for sale medical Marijuana in the City of Platte City without a currently valid business license issued by the City. A separate license shall be required for each of the categories and subcategories of medical marijuana operations in which the licensee desires to engage as set forth herein.
1. 
Dispensary (Retail Sale) Facility.
2. 
Cultivation (Growing) Facility.
3. 
Infusion (Processing) Facility.
4. 
Testing Facility.
5. 
Transportation Facility.
B. 
Any individual, company, agency or entity applying for a City business license for a medical marijuana facility shall provide the City Clerk a valid license or other document issued by the State of Missouri verifying a current State license for the specific medical marijuana related business for which the City business license is being requested.
C. 
The address for which a City business licenses for medical marijuana is requested must be located in a zoning district in which the specific business activity is allowed.
[Ord. No. 1894, 6-25-2019]
The business license for a medical marijuana establishment shall be non-transferable. Any change of ownership or responsible managing officer shall immediately void and terminate the business license. Any new applicant must submit a new application for a business license in accordance with the conditions of this Chapter.
[Ord. No. 1894, 6-25-2019]
A. 
No building shall be constructed, altered or used for a medical marijuana dispensary without complying with the following regulations:
1. 
Buffer Requirement. No medical marijuana dispensary shall be located within three hundred (300) feet of an existing church, licensed child day care center or existing elementary or secondary school (protected buildings). Measurements shall be made in a straight line, without regard to intervening structures, from the nearest point of the enclosing wall of protected building to the nearest point of the enclosing wall of the medical marijuana facility.
2. 
Outdoor Operations And Storage Prohibited. All operations and all storage of materials, products and equipment, other than vehicles licensed for on-road use, shall be within a fully enclosed building. No outdoor storage or operations shall be permitted.
3. 
On-Site Use Prohibited. No marijuana may be smoked, ingested or otherwise consumed on the premises of a medical marijuana facility.
4. 
All medical marijuana dispensaries shall be closed to the public, nor persons not employed by the facility shall be on the premises, and no sales or distribution shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
5. 
Display Of Licenses Required. Business must openly and conspicuously display City business license and medical marijuana license issued by the State of Missouri.
6. 
Residential Dwelling Prohibited. City business license shall not be issued for medical marijuana dispensary located in a building that is used either as a permanent residence or for part-time or incidental dwelling.
7. 
Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the building. No odors shall be detected by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
8. 
Single Use Only. As a condition of receiving a City business license, medical marijuana dispensaries may not engage in medical marijuana cultivation, testing or infusion/processing activities. Medical marijuana transportation shall be limited to that transportation required to stock the dispensary to provide retail delivery to dispensary customers.
9. 
Building Plan Review Required. Applicant shall submit a building plan for review and must receive a supplemental occupancy permit prior to initiating sales to the public. Building plan review shall ensure compliance with building codes, ventilation, security and other requirements required by City and State regulations governing the licensing and operation of medical marijuana dispensaries.
[Ord. No. 1894, 6-25-2019]
A. 
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Section 100.100 of the City Code.
B. 
Each day that a violation continues shall be deemed a separate offense.
C. 
In addition to the penalty described above, violation of the provisions of this Chapter may be punishable by revocation or suspension of any conditional use permit, business license or any other license issued by the City.