St. Charles County, MO County License Regulations

[Ord. No. 19-061, 7-29-2019]

Any Person desiring to receive a County License shall make written application to the St. Charles County Registrar in a format prescribed by the County Registrar. If a Person desires to receive a County License for more than one (1) Facility, a separate application shall be required for each individual Facility.

An application for the County License must contain the following:

A completed Application for County Medical Marijuana Business License, which shall include the type of Facility the applicant shall operate. All information requested on the form must be completed.

A completed Application for a Zoning Confirmation for the proposed location of the Facility, as provided in Section 277.300(A). All information requested on the form must be provided.

An Operating Plan, as provided in Section 277.300(B).

The appropriate MDHSS license and/or certification required by the MDHSS for the type of Facility to which the County License shall apply, and in accordance with Section 277.300(C). The MDHSS License does not have to be submitted at the time of application, but must be submitted before final approval of any application for County License will be granted.

Proof of insurance evidencing that the applicant has acquired appropriate general liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) for each occurrence.

A Medical Marijuana Business License Fee of two hundred twenty-five dollars and zero cents ($225.00).

[Ord. No. 19-061, 7-29-2019]

Zoning Confirmation. Applicants must submit a completed Application for a Zoning Confirmation to the Community Development Department Division of Planning and Zoning, pursuant to Section 405.531 and pay the fee set forth in Section 425.020(F) for issuing such Zoning Confirmation. Such Zoning Confirmation shall be issued if the proposed location of the Facility complies with the County's zoning and location standards set out in Chapter 405, OSCCMo. The Zoning Confirmation may be issued prior to issuance of the relevant license and/or certification by the Missouri Department of Health and Senior Services. A Zoning Confirmation shall be valid for one (1) year from the date of issuance. If the Zoning Confirmation expires prior to final approval of an Application for County Medical Marijuana Business License, a new Application for a Zoning Confirmation must be submitted by the applicant and approved by the Community Development Department Division of Planning and Zoning before final approval of an Application for County Medical Marijuana Business License will be granted.

Operating Plan.

An applicant for a County License must provide, at the time of filing such an application, a detailed Operating Plan. Such plan shall include a floor plan showing the layout of the Facility and the principal uses of the floor area depicted and a security plan detailing what measures shall be taken in compliance with Section 277.540 of this Chapter. Such operating plan shall comply with all State and local laws and regulations applicable to such a Facility. Such Operating Plan must be approved by the Community Development Department Division of Building and Code Enforcement.

Upon issuance of a County License, a County licensee shall operate the Facility in accordance with the approved Operating Plan.

Any proposed amendments or revisions to the approved Operating Plan must be submitted to the County Registrar and approved by the Community Development Department Division of Building and Code Enforcement before implementation of such change.

MDHSS License. Applicants and County licensees must possess the valid license and/or certification from the Department certifying the applicant as a Licensee to operate the appropriate Facility. If such License has been assigned, sold, given, leased, sublicensed, or otherwise transferred to applicant from the original Licensee, then applicant must also present documentation from the Department providing consent to such transfer in accordance with State law.

County License Approval. When an applicant has successfully met all of the requirements for issuance of a County License, the County Registrar shall issue such County Medical Marijuana Business License. Such County License shall be subject to all conditions of relevant State approvals and approved operating and security plans as if fully rewritten therein. Such license shall be valid for three (3) years from the date of issuance.

Renewal Procedure.

At least thirty (30) days and not more than ninety (90) days prior to the expiration of the County License, a County licensee may apply to the Registrar for a renewal thereof. Applications for renewal made less than thirty (30) days prior to the expiration of the County License are not guaranteed to receive notice of decision on the renewal before the County License expiration date.

The County licensee shall indicate any changes from the information furnished to the Registrar at the time of the original application.

The renewal application shall include the Medical Marijuana Business License Renewal Fee of two hundred twenty-five dollars and zero cents ($225.00).

The Registrar shall renew said County License for an additional three-year period if the County licensee meets all requirements for issuance of a County License.

Grounds For Denial Of A County Medical Marijuana Business License.

An application for a County Medical Marijuana Business License or application for renewal may be denied by the County Registrar if the applicant has:

Committed any act which, if committed by a County licensee, would be grounds for suspension or revocation of the County License under this Chapter;

Previously been denied a County License for cause, or previously had a County License revoked for cause;

Knowingly made any false statement or misrepresentation on the application or in connection with the processing of the application;

Submitted an incomplete application; or

Failed to comply with the requirements of this Chapter, Chapter 405 OSCCMo, or any other applicable provisions of OSCCMo.

If an application for a County License or application for renewal is denied, such reason for denial shall be in writing and provided to the applicant.

Any determination of non-issuance may be appealed under the provisions of Section 536.150, as amended.

Suspension and Revocation Procedure for a County Medical Marijuana Business License.

The Registrar may suspend a County License for a period of up to ninety (90) days if he or she finds one (1) or more of the following:

Intentional misstatement or misleading statements of fact in the application not discovered until after the issuance of said license;

Violation of the County licensee's Operating Plan;

Violation of any of the terms of the County Medical Marijuana Business License;

Violation of any of the terms of the MDHSS License; or

Violation of any of the requirements of this Chapter, Chapter 405 OSCCMo, or any other applicable provisions of OSCCMo.

In the event that the Registrar suspends a County License, the Registrar shall provide notice of the reason(s) for the suspension to the County licensee in writing sent by certified mail or hand delivered to the County licensee. The County licensee, upon request, shall be entitled to a hearing before the Registrar or his or her designee within five (5) business days from the request to provide information or evidence that the County licensee meets each of the requirements for a County License. The decision of the Registrar after the hearing and the reasons therefore shall be sent by certified mail or hand delivered to the County licensee.

Upon proof shown that the basis for suspension has been cured, the Registrar may reinstate the County licensee's County License and shall provide written notice sent by certified mail or hand delivered to the County licensee.

Failure to cure the violation(s) within the ninety-day suspension period shall result in the revocation of the County License. Such notice of revocation shall by sent by certified mail or hand delivered to the County licensee.