[R.O. 2011 § 675.910; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
The Police Department and Community Development Department shall be responsible for administering and enforcing the provisions of this Chapter. The Police Department and Community Development Department are authorized to inspect any Marijuana Facility to determine compliance with this Chapter.
[R.O. 2011 § 675.920; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
A. 
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be fined up to the statutory maximum fine as provided by Missouri law for a municipal ordinance violation or be punished by imprisonment as provided by Missouri law for a municipal ordinance violation or be punished by both such fine and imprisonment. Each day's violation of or failure, refusal or neglect to comply with any provision of this Chapter shall constitute a separate and distinct offense. The penalties provided in this Section are cumulative and in addition to and are separate from any civil action to enforce this Chapter.
B. 
Violation of any provision of this Chapter by a licensee shall result in forfeiture of the licensee's City business license.
[R.O. 2011 § 675.930; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
With or without the initiation of criminal prosecution or any other legal proceedings, the City may apply to the appropriate court for injunctive relief, which would require the correction or abatement of any violation of this Chapter. The initiation or exhaustion of one (1) of these enforcement proceedings shall not be a prerequisite to the initiation of any other of these enforcement proceedings. Different types of enforcement proceedings may be pursued concurrently.
[R.O. 2011 § 675.940; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
All ordinances, codes, regulations and orders or parts thereof in conflict with the provisions of this Chapter shall not apply.
[R.O. 2011 § 675.950; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
In adopting this Chapter, the City Council is relying on and does not waive or intend to waive any of the monetary limitations or any other rights, immunities and protections provided by Sections 537.600 and 537.610, RSMo., as from time to time amended, or any other limitation, right, immunity, or protection otherwise available to the City, its officers or its employees.
[R.O. 2011 § 675.960; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
By accepting a business license, a Marijuana Facility licensee releases the City, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of facility owners, operators, employees, clients or customers for a violation of City, State or Federal laws, rules or regulations. The Director of Administration may require a Marijuana Facility licensee to execute a written instrument confirming the provisions of this Chapter.
[R.O. 2011 § 675.970; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
By accepting a business license, a Marijuana Facility licensee, jointly and severally, if more than one, agrees to indemnify and defend the City, its officers, elected officials, employees, attorneys, agents, and insurers against all liability, claims and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of a Marijuana Facility that is the subject of Amendments 2 and 3. The Marijuana Facility licensee further agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Director of Administration may require a licensee to execute a written instrument confirming the provisions of this Chapter.
[R.O. 2011 § 675.980; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
The provisions of this Chapter do not protect facility licensees, operators, employees, customers and clients of a Marijuana Facility from prosecution pursuant to any laws that may prohibit cultivation, sales, use or possession of controlled substances. In addition, as of the date of the adoption of this Chapter the cultivation, sale, possession, distribution and use of Marijuana remain violations of Federal and State law (except for conduct covered by Amendment 2 and 3), and this Chapter affords no protection against prosecution under such Federal and State laws. Licensees, operators, employees, customers and clients of a Marijuana Facility assume any and all risk and any and all liability arising or resulting from the operation of a Marijuana Facility under any City, State or Federal law. Further, to the greatest extent permitted by law, any actions taken under the provisions of this Chapter by any public officer or officers, elected or appointed officials, employees, attorneys and agents of the City shall not become a personal liability of such person of the City.
[R.O. 2011 § 675.990; Ord. No. 19-110, 5-21-2019; Ord. No. 23-071, 6-20-2023]
It is hereby declared to be the intention of the City Council that the Sections, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any phrase, clause, sentence, paragraph or Section of this Chapter shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and Sections of this Chapter, since the same would have been enacted by the City Council without the incorporation in this Chapter of any such unconstitutional phrase, clause, sentence, paragraph or Section.