[Ord. No. 844, 5-6-2019]
The Foristell Chief of Police shall be responsible for administering
and enforcement of this Chapter. The Foristell Officers are authorized
to inspect any Facility to determine compliance with this Chapter.
[Ord. No. 844, 5-6-2019]
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.
[Ord. No. 844, 5-6-2019]
All ordinances, codes, regulations and orders or parts thereof
in conflict with the provisions of this Chapter shall not apply.
[Ord. No. 844, 5-6-2019]
In adopting this Chapter the Board of Aldermen is relying on
and does not waiver or intend to waive any of the monetary limitations
or any other rights, immunities and protections provided by the 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.
[Ord. No. 844, 5-6-2019]
By accepting a business license, the 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 may result from any arrest or prosecution of Facility
owners, operator, employees, clients or customers for a violation
of City, State or Federal laws, rules or regulations. The City Clerk
may require a Facility Licensee to execute a written instrument confirming
the provisions of this Chapter.
[Ord. No. 844, 5-6-2019]
By accepting a business license, a Facility Licensee, jointly
and severally, if more than one (1), 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 Facility
that is the subject of Amendment 2. The 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 own expenses, and to bear all other costs and expenses related
thereto, including court costs and attorney fees. The City Clerk may
require a licensee to execute a written instrument confirming the
provisions of this Chapter.
[Ord. No. 844, 5-6-2019]
The provisions of this Chapter do not protect Facility Licensees,
operators, employees, customers and clients of a 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 this Chapter affords no protection
against prosecution under such Federal and State laws. Licensees,
operators, employees, customers and clients of a Facility assume any
and all risk and any and all liability arising or resulting from the
operation of a 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.
[Ord. No. 844, 5-6-2019]
It is hereby declared to be the intention of the Board of Aldermen
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 Board of Aldermen without
the incorporation in this Chapter of any such unconstitutional phrase,
clause, sentence, paragraph or Section.