[Ord. No. 19-061, 7-29-2019]
No Person shall operate a Facility without first having obtained
a valid County Medical Marijuana Business License ("County License")
as provided by this Chapter. Each Medical Marijuana Cultivation Facility,
Medical Marijuana Testing Facility, Medical Marijuana-Infused Products
Manufacturing Facility, Medical Marijuana Dispensary Facility, or
Medical Marijuana Transportation Facility shall require its own County
License. Each Facility shall display, without obstruction in a conspicuous
place, the County License.
[Ord. No. 19-061, 7-29-2019]
A. 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.
B. An application for the County License must contain the following:
1.
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.
2.
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.
4.
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.
5.
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.
6.
A Medical Marijuana Business License Fee of two hundred twenty-five
dollars and zero cents ($225.00).
[Ord. No. 19-061, 7-29-2019]
A. 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.
B. Operating Plan.
1.
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.
2.
Upon issuance of a County License, a County licensee shall operate
the Facility in accordance with the approved Operating Plan.
3.
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.
C. 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.
D. 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.
E. Renewal Procedure.
1.
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.
2.
The County licensee shall indicate any changes from the information
furnished to the Registrar at the time of the original application.
3.
The renewal application shall include the Medical Marijuana
Business License Renewal Fee of two hundred twenty-five dollars and
zero cents ($225.00).
4.
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.
F. Grounds For Denial Of A County Medical Marijuana Business License.
1.
An application for a County Medical Marijuana Business License
or application for renewal may be denied by the County Registrar if
the applicant has:
a.
Committed any act which, if committed by a County licensee,
would be grounds for suspension or revocation of the County License
under this Chapter;
b.
Previously been denied a County License for cause, or previously
had a County License revoked for cause;
c.
Knowingly made any false statement or misrepresentation on the
application or in connection with the processing of the application;
d.
Submitted an incomplete application; or
e.
Failed to comply with the requirements of this Chapter, Chapter
405 OSCCMo, or any other applicable provisions of OSCCMo.
2.
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.
3.
Any determination of non-issuance may be appealed under the
provisions of Section 536.150, as amended.
G. Suspension and Revocation Procedure for a County Medical Marijuana
Business License.
1.
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:
a.
Intentional misstatement or misleading statements of fact in
the application not discovered until after the issuance of said license;
b.
Violation of the County licensee's Operating Plan;
c.
Violation of any of the terms of the County Medical Marijuana
Business License;
d.
Violation of any of the terms of the MDHSS License; or
e.
Violation of any of the requirements of this Chapter, Chapter
405 OSCCMo, or any other applicable provisions of OSCCMo.
2.
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.
3.
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.
4.
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.
[Ord. No. 19-061, 7-29-2019]
No County License shall be transferred from a County licensee
to any other Person.
[Ord. No. 19-061, 7-29-2019]
Additional regulations, forms, and information may be required
by the St. Charles County Registrar of all applicants and County Licensees
so long as such requirements are not inconsistent with this Chapter
or the laws and constitutions of this State or the United States.