[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 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.
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. 1902, 11-19-2019]
A. No
building shall be constructed, altered or used for a medical marijuana
testing without complying with the following regulations:
1. Buffer Requirement. No medical marijuana testing facility 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 testing facilities 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.
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 testing facility 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 testing facilities may not engage in medical marijuana
cultivation and infusion/processing activities. Medical marijuana
transportation shall be limited to that transportation required to
stock the testing facility.
9. Building Plan Review Required. Applicant shall submit a building
plan for review and must receive a supplemental occupancy permit prior
to initiating medical marijuana testing. 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 testing facilities.
[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.