[R.O. 1996 § 425.010; Ord. No. 2476, 9-23-2019]
For the purpose of this Chapter,
the following words shall have the meanings set forth below:
ADMINISTER
The direct application of marijuana to a qualifying patient
by way of the following methods:
[Ord. No. 2437, 9-25-2023]
1.
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
2.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
3.
Application of ointments or balms;
4.
Transdermal patches or suppositories; or
5.
Consuming marijuana-infused food products.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive
marijuana dispensary facility, or a comprehensive marijuana-infused
products manufacturing facility.
[Ord. No. 2437, 9-25-2023]
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, transport to or from,
and sell marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones") to a medical facility, comprehensive facility,
or marijuana testing facility. A comprehensive marijuana cultivation
facility need not segregate or account for its marijuana products
as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana shall
include the creation of prerolls. but shall not include the manufacture
of marijuana-infused products.
[Ord. No. 2437, 9-25-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on-site or off-site, sell, transport to or from, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
qualifying patient or primary caregiver, as those terms are defined
in Section I of Article XIV, of the Missouri Constitution, or to a
consumer, anywhere on the licensed property or to any address as directed
by the patient, primary caregiver, or consumer and consistent with
the limitations of this Chapter and as otherwise allowed by law, to
a comprehensive facility, a marijuana testing facility, or a medical
facility. Comprehensive dispensary facilities may receive transaction
orders at the dispensary directly from the consumer in person, by
phone, or via the internet, including from a third party. A comprehensive
marijuana dispensary facility need not segregate or account for its
marijuana products as either non-medical marijuana or medical marijuana
but shall collect all appropriate tangible personal property sales
tax for each sale, as set forth in this Chapter and provided for by
general or local law. A comprehensive marijuana dispensary facility's
authority to process marijuana shall include the creation of prerolls.
[Ord. No. 2437, 9-25-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process,
package, store, manufacture, transport to or from a medical facility,
comprehensive facility, or marijuana testing facility, and sell marijuana-infused
products, prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another marijuana-infused
products manufacturing facility. A comprehensive marijuana-infused
products manufacturing facility need not segregate or account for
its marijuana products as either non-medical marijuana or medical
marijuana.
[Ord. No. 2437, 9-25-2023]
CONSTITUTION
The Constitution of the State of Missouri.
[Ord. No. 2437, 9-25-2023]
CONSUMER
A person who is at least twenty-one (21) years of age.
[Ord. No. 2437, 9-25-2023]
DAY CARE
A child-care facility, as defined by Section 210.201, RSMo.,
that is licensed by the State of Missouri.
DEPARTMENT
The Department of Health and Senior Services, or its successor
agency.
DIRECTLY
The shortest possible practicable route from the medical
marijuana facility to the permitted destination or destinations, without
any voluntary detours or additional stops.
[Ord. No. 2437, 9-25-2023]
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in a grade or grades not higher
than 12th grade, including any property owned by the public or private
school that is regularly used for extracurricular activities, but
does not include any private school in which education is primarily
conducted in private homes.
ENCLOSED, LOCKED FACILITY
1.
An indoor stationary closet, room,
garage, greenhouse, or other comparable fully enclosed space equipped
with locks or other functioning security devices that permit access
to only the qualifying patient(s) or primary caregiver(s) who have
informed the department that this is the space where they will cultivate
marijuana; or
2.
An outdoor stationary structure:
a.
That is enclosed on all sides, except
at the base, by chain-link fencing, wooden slats, or a similar material
that is anchored, attached, or affixed to the ground and that cannot
be accessed from the top;
b.
In which the plants are not visible
to the unaided eye from an adjacent property when viewed by an individual
at ground level or from a permanent structure at any level; and
c.
That is equipped with locks or other
security devices that restrict access to only the qualifying patient(s)
or primary caregiver(s) who have informed the department that this
is the space where they will cultivate marijuana.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued
by the department that authorizes a qualifying patient, primary caregiver,
or employee or contractor of the licensed facility to access medical
marijuana as provided by law.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3 of 1%) on a dry-weight basis, or commodities or
products manufactured from industrial hemp.
MARIJUANA BUSINESS
Any facility licensed by the Department of Health and Senior
Services under the authority granted by Article XIV of the Missouri
Constitution.
[Ord. No. 2437, 9-25-2023]
MARIJUANA DISPENSARY
Either a medical marijuana dispensary, a comprehensive marijuana
dispensary, or a microbusiness dispensary as those terms are defined
in Art. XIV of the Missouri Constitution.
[Ord. No. 2437, 9-25-2023]
MARIJUANA FACILITY
A microbusiness, medical marijuana facility or a comprehensive
facility as those terms are defined by Art. XIV, Section 2, of the
Missouri Constitution.
[Ord. No. 2437, 9-25-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department 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, and shall also
mean a comprehensive marijuana cultivation facility, as that term
is defined in Article XIV of the Missouri Constitution.
[Ord. No. 2437, 9-25-2023]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department 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, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the department to transport marijuana
to a qualifying patient, a 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.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department 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.
[Ord. No. 2437, 9-25-2023]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the Department to acquire, process,
package, store on-site or off-site, sell, transport to or form, and
deliver marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), marijuana-infused products, and drug paraphernalia
used to administer marijuana as provided for in this Section to a
consumer, qualifying patient, as the term is defined in Section I
of Article XIV of the Missouri Constitution, anywhere on the licensed
property or to any address as directed by the consumer, qualifying
patient, or primary caregiver and, consistent with the limitations
of such Article XIV and as otherwise allowed by law, a microbusiness
wholesale facility, or a marijuana testing facility. Microbusiness
dispensary facilities may receive transaction orders at the dispensary
directly from the consumer in person, by phone, or via internet, including
from a third party. A microbusiness dispensary facility's authority
to process marijuana shall include the creation of prerolls.
[Ord. No. 2437, 9-25-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the Department to acquire, cultivate,
process, package, store on-site or off-site, manufacture, transport
to or from, deliver, and sell marijuana, marijuana seeds, marijuana
vegetative cuttings (also known as "clones"), and marijuana-infused
products to a microbusiness dispensary facility, other microbusiness
wholesale facility, or marijuana testing facility. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
marijuana plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and marijuana-infused products.
[Ord. No. 2437, 9-25-2023]
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card under this Section or in other written
notification to the department.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
THEN-EXISTING
Any school, child day care center, or church with a written
building permit from the City to be constructed, or under construction,
or completed and in use at the time a business regulated in this Chapter
first applies for either zoning or building permit, whichever comes
first.
[Ord. No. 2437, 9-25-2023]
[R.O. 1996 § 425.020; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. The distance limitations in this Chapter,
when referring to distances between marijuana facilities and churches,
day cares and elementary or secondary schools, shall be measured in
accordance with Article XIV of the Missouri Constitution.
1.
In the case of a freestanding marijuana
facility, the distance between the facility and the school, day care
or church shall be measured from the external wall of the facility
structure closest in proximity to the school, day care, or church
to the closest point of the property line of the school, day care,
or church. If the school, day care, or church is part of a larger
structure, such as an office building or strip mall, the distance
shall be measured to the entrance or exit of the school, day care,
or church closest in proximity to the facility.
2.
In the case of a marijuana facility
that is part of a larger structure, such as an office building or
strip mall, the distance between the facility and the school, day
care, or church shall be measured from the property line of the school,
day care, or church to the facility's entrance or exit closest in
proximity to the school, day care, or church. If the school, day care,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
3.
Measurements shall be made along
the shortest path between the demarcation points that can be lawfully
traveled by foot.
B. The distance limitations in this Chapter,
when referring to distances between a marijuana facility and a separate
marijuana facility shall be measured in a straight line between the
primary entrances of each marijuana facility.
[R.O. 1996 § 425.030; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. Marijuana facilities shall be required
to be properly licensed and/or certified by the Department. Each marijuana
facility in operation shall obtain a separate license, but multiple
licenses may be utilized in a single location. All licenses shall
be displayed at all times within twenty (20) feet of the main entrance
to the marijuana facility.
B. Furthermore, marijuana facilities shall be required to have a City business license as required by Title VI of the Code of the City of Grain Valley and a conditional use permit as required by Section
400.240 of this Code and any other license required by the Department. Certain activities performed in relation to such facilities may require permits from other agencies not related to the City.
[R.O. 1996 § 425.040; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. A marijuana dispensary may be located as
a conditional use in any Controlled Business District (C-B), Central
Business District (C-1), General Business District (C-2), Highway
Commercial District (C-3) and the Downtown Overlay District, upon
satisfactory compliance with the provisions of this Section:
1.
Marijuana dispensary conditional use permit applicants shall comply with all provisions of Section
400.240 of the Code of the City of Grain Valley regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2.
A marijuana dispensary shall have
the appropriate State license. An applicant may apply for a conditional
use permit upon showing that they have applied for State license as
required by law, but the conditional use permit shall not be issued
until such license has been obtained from the Missouri Department
of Health and Senior Services.
3.
A marijuana dispensary shall not
be located closer than five hundred (500) feet to any other marijuana
dispensary or marijuana facility, except when the facilities share
common ownership.
4.
No marijuana dispensary shall be
located within seven hundred and fifty (750) feet of any then-existing
elementary or secondary school, day care, or church.
5.
An applicant for a marijuana dispensary
conditional use permit shall provide the following plans and documentation
for City review and approval:
a.
A site plan for a marijuana dispensary
that shall include a floor plan showing where the various activities
will be conducted. No marijuana products shall be visible from the
exterior of the building.
b.
All City-adopted building, fire,
mechanical, plumbing, and electrical codes shall be complied with
when submitting building plans for remodel or new construction.
c.
A plan which reasonably shows that
the marijuana dispensary is capable, when functioning properly, of
preventing odors of marijuana from being detected by a person of ordinary
sense of smell beyond the boundary of the lot on which the marijuana
dispensary is located.
d.
A security plan for review and input
from the Grain Valley Police Department, which reasonably shows that
the marijuana dispensary can be kept secure from access by unauthorized
persons both during and after normal operating hours and provides
adequate overnight security for product trucks parked outside the
marijuana dispensary at any hour.
e.
A waste disposal plan for any unused
product, marijuana byproduct, or hazardous materials used as part
of normal operations by a marijuana dispensary in accordance with
Missouri Department of Health and Senior Services guidelines.
f.
All signage shall conform to the standards of Section
400.300 and Section 655.030(A)(4) of the Code of the City of Grain Valley as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6.
If an application for a marijuana
dispensary conditional use permit is approved, such conditional use
permit shall be personal to the applicant at the approved site and
shall not run with the land. In addition, the conditional use permit
shall be subject to the applicant's continued compliance with all
applicable City ordinances and State law regarding the operation of
a marijuana dispensary facility. A marijuana dispensary conditional
use permit shall be personal to the applicant and shall not be transferable.
In the event the applicant's State-issued license expires, terminates,
or is revoked for any reason, their conditional use permit shall terminate
immediately without any additional notice or action.
7.
If any change occurs from the permitted
use of a structure as a marijuana dispensary, a new conditional use
permit shall be required in all cases.
8.
The State-licensed operator of any
marijuana dispensary shall provide a copy of their State license,
issued by the Missouri Department of Health and Senior Services, to
the Community Development Department annually to confirm their continuing
licensed status with the State of Missouri. In the case of a marijuana
dispensary that was granted a conditional use permit by the City,
the State-licensed operator and the applicant to whom the conditional
use permit was issued shall be the same. The City may request such
documentation at any time.
[R.O. 1996 § 425.050; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. A marijuana cultivation facility and microbusiness
wholesale facility may be located as a conditional use in any Agricultural
District (A), Light Industrial District (M-1), Heavy Industrial District
(M-2), and Industrial Park District (I-P) upon satisfactory compliance
with the provisions of this Section:
1.
Marijuana cultivation facility and microbusiness wholesale facility conditional use permit applicants shall comply with all provisions of Section
400.240 of the Code of the City of Grain Valley regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2.
A marijuana cultivation facility
and microbusiness wholesale facility shall have the appropriate State
license. An applicant may apply for a conditional use permit upon
showing that they have applied for State license as required by law,
but the conditional use permit shall not be issued until such license
has been obtained from the Missouri Department of Health and Senior
Services.
3.
A marijuana cultivation facility
and microbusiness wholesale facility shall not be located closer than
five hundred (500) feet to any other marijuana cultivation facility
or marijuana facility, except when the facilities share common ownership.
4.
No marijuana cultivation facility
or microbusiness wholesale facility shall be located within seven
hundred and fifty (750) feet of any then-existing elementary or secondary
school, day care, or church.
5.
An applicant for a marijuana cultivation
facility and microbusiness wholesale facility conditional use permit
shall provide the following plans and documentation for City review
and approval:
a.
A site plan for a marijuana cultivation
facility or microbusiness wholesale facility that shall include a
floor plan showing where the various activities will be conducted.
b.
All City-adopted building, fire,
mechanical, plumbing, and electrical codes shall be complied with
when submitting building plans for remodel or new construction.
c.
A plan which reasonably shows that
the marijuana cultivation facility or microbusiness wholesale facility
is capable, when functioning properly, of preventing odors of marijuana
from being detected by a person of ordinary sense of smell beyond
the boundary of the lot on which the marijuana cultivation facility
or microbusiness wholesale facility is located.
d.
A security plan for review and input
from the Grain Valley Police Department, which reasonably shows that
the marijuana cultivation facility or microbusiness wholesale facility
can be kept secure from access by unauthorized persons both during
and after normal operating hours and provides adequate overnight security
for product trucks parked outside the marijuana cultivation facility
or microbusiness wholesale facility at any hour.
e.
A waste disposal plan for any unused
product, marijuana byproduct, or hazardous materials used as part
of normal operations by a marijuana cultivation facility in accordance
with Missouri Department of Health and Senior Services guidelines.
f.
All signage shall conform to the standards of Section
400.300 and Section 655.030(A)(4) of the Code of the City of Grain Valley as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6.
If an application for a marijuana
cultivation facility or microbusiness wholesale facility conditional
use permit is approved, such conditional use permit shall be personal
to the applicant at the approved site and shall not run with the land.
In addition, the conditional use permit shall be subject to the applicant's
continued compliance with all applicable City ordinances and State
law regarding the operation of a marijuana cultivation facility or
microbusiness wholesale facility. A marijuana cultivation facility
or microbusiness wholesale facility conditional use permit shall be
personal to the applicant and shall not be transferable. In the event
the applicant's State-issued license expires, terminates, or is revoked
for any reason, their conditional use permit shall terminate immediately
without any additional notice or action.
7.
If any change occurs from the permitted
use of a structure as a marijuana cultivation facility or microbusiness
wholesale facility, a new conditional use permit shall be required
in all cases.
8.
The State-licensed operator of any
marijuana cultivation facility or microbusiness wholesale facility
shall provide a copy of their State license, issued by the Missouri
Department of Health and Senior Services, to the Planning and Zoning
Commission annually to confirm their continuing licensed status with
the State of Missouri. In the case of a marijuana cultivation facility
or microbusiness wholesale facility that was granted a conditional
use permit by the City, the State-licensed operator, and the applicant
to whom the conditional use permit was issued shall be the same. The
City may request such documentation at any time.
[R.O. 1996 § 425.060; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. A marijuana-infused products manufacturing
facility may be located as a conditional use in any Agricultural District
(A), Light Industrial District (M-1), Heavy Industrial District (M-2),
and Industrial Park District (I-P) upon satisfactory compliance with
the provisions of this Section:
1.
Marijuana-infused products manufacturing facility conditional use permit applicants shall comply with all provisions of Section
400.240 of the Code of the City of Grain Valley regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2.
A marijuana-infused products manufacturing
facility shall have the appropriate State license. An applicant may
apply for a conditional use permit upon showing that they have applied
for State license, as provided by law, but the conditional use permit
shall not be issued until such license has been obtained from the
Missouri Department of Health and Senior Services.
3.
A marijuana-infused products manufacturing
facility shall not be located closer than five hundred (500) feet
to any other marijuana-infused products manufacturing facility or
marijuana facility, except when the facilities share common ownership.
4.
No marijuana-infused products manufacturing
facility shall be located within seven hundred fifty (750) feet of
any then-existing elementary or secondary school, day care, or church.
5.
An applicant for a marijuana-infused
products manufacturing facility conditional use permit shall provide
the following plans and documentation for City review and approval:
a.
A site plan for a marijuana-infused
products manufacturing facility that shall include a floor plan showing
where the various activities will be conducted.
b.
All City-adopted building, fire,
mechanical, plumbing, and electrical codes shall be complied with
when submitting building plans for remodel or new construction.
c.
A plan which reasonably shows that
the marijuana-infused products manufacturing facility is capable,
when functioning properly, of preventing odors of marijuana from being
detected by a person of ordinary sense of smell beyond the boundary
of the lot on which the marijuana-infused products manufacturing facility
is located.
d.
A security plan for review and input
from the Grain Valley Police Department, which reasonably shows that
the marijuana-infused products manufacturing facility can be kept
secure from access by unauthorized persons both during and after normal
operating hours and provides adequate overnight security for product
trucks parked outside the marijuana-infused products manufacturing
facility at any hour.
e.
A waste disposal plan for any unused
product, marijuana byproduct, or hazardous materials used as part
of normal operations by a marijuana-infused products manufacturing
facility in accordance with the Missouri Department of Health and
Senior Services guidelines.
f.
All signage shall conform to the standards of Section
400.300 and Section 655.030(A)(4) of the Code of the City of Grain Valley as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6.
If an application for a marijuana-infused
products manufacturing facility conditional use permit is approved,
such conditional use permit shall be personal to the applicant at
the approved site and shall not run with the land. In addition, the
conditional use permit shall be subject to the applicant's continued
compliance with all applicable City ordinances and State law regarding
the operation of a marijuana-infused products manufacturing facility.
A marijuana-infused products manufacturing facility conditional use
permit shall be personal to the applicant and shall not be transferable.
In the event the applicant's State-issued license expires, terminates,
or is revoked for any reason, their conditional use permit shall terminate
immediately without any additional notice or action.
7.
If any change occurs from the permitted
use of a structure as a marijuana-infused products manufacturing facility,
a new conditional use permit shall be required in all cases.
8.
The State-licensed operator of any
marijuana-infused products manufacturing facility shall provide a
copy of their State license, issued by the Missouri Department of
Health and Senior Services, to the Planning and Zoning Commission
annually to confirm their continuing licensed status with the State
of Missouri. In the case of a marijuana-infused products manufacturing
facility that was granted a conditional use permit by the City, the
State-licensed operator and the applicant to whom the conditional
use permit was issued shall be the same. The City may request such
documentation at any time.
[R.O. 1996 § 425.070; Ord. No. 2476, 9-23-2019; Ord. No. 2437, 9-25-2023]
A. A medical marijuana testing facility or
a medical marijuana transportation facility may be located as a conditional
use in any Research Park District (R-P), Light Industrial District
(M-1), Heavy Industrial District (M-2), and Industrial Park District
(I-P) upon satisfactory compliance with the provisions of this Section:
1.
Medical marijuana testing facility or medical marijuana transportation facility conditional use permit applicants shall comply with all provisions of Section
400.240 of the Code of the City of Grain Valley regarding conditional use permit applications, including, but not limited to, the requirements of this Section.
2.
A medical marijuana testing facility
or a medical marijuana transportation facility shall have the appropriate
State license. An applicant may apply for a conditional use permit
upon showing that they have applied for a State license as provided
by law for each medical marijuana transportation or testing facility
type applied for, but the conditional use permit shall not be issued
until such license has been obtained from the Missouri Department
of Health and Senior Services.
3.
A medical marijuana testing facility
or a medical marijuana transportation facility shall not be located
closer than five hundred (500) feet to any other marijuana facility,
except when the facilities share common ownership.
4.
No medical marijuana testing facility
or medical marijuana transportation facility may be located within
seven hundred and fifty (750) feet of any then-existing elementary
or secondary school, day care, or church.
5.
The applicant for a medical marijuana
testing facility or a medical marijuana transportation facility conditional
use permit shall provide the following plans and documentation for
City review and approval:
a.
A site plan for the operation that
shall include a floor plan showing where the various activities will
be conducted.
b.
All City-adopted building, fire,
mechanical, plumbing, and electrical codes shall be complied with
when submitting building plans for remodel or new construction related
to a medical marijuana facility.
c.
A plan which reasonably shows that
the medical marijuana facility is capable, when functioning properly,
of preventing odors of marijuana from being detected by a person of
ordinary sense of smell beyond the boundary of the lot on which the
medical marijuana facility is located.
d.
A security plan for review and input
from the Grain Valley Police Department, which reasonably shows that
the medical marijuana facility can be kept secure from access by unauthorized
persons both during and after normal operating hours.
e.
A waste disposal plan for any unused
product, medical marijuana byproduct, or hazardous materials used
as part of normal operations by a medical marijuana facility in accordance
with Missouri Department of Health and Senior Services guidelines.
f.
All signage shall conform to the standards of Section
400.300 and Section 655.030(A)(4) of the Code of City of Grain Valley as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
6.
If an application for a medical marijuana
testing facility or medical marijuana transportation facility conditional
use permit is approved, such conditional use permit shall be personal
to the applicant at the approved site and shall not run with the land.
In addition, the conditional use permit shall be subject to the applicant's
continued compliance with all applicable City ordinances and State
law regarding the operation of a medical marijuana testing facility
or medical marijuana transportation facility. A medical marijuana
testing facility or medical marijuana transportation facility conditional
use permit shall be personal to the applicant and shall not be transferable.
In the event the applicant's State-issued license expires, terminates,
or is revoked for any reason, their conditional use permit shall terminate
immediately without any additional notice or action.
7.
The State-licensed operator of any
medical marijuana testing facility or medical marijuana transportation
facility shall provide a copy of their State license, issued by the
Missouri Department of Health and Senior Services, to the Planning
and Zoning Commission annually to confirm their continuing licensed
status with the State of Missouri. In the case of a medical marijuana
testing facility or medical marijuana transportation facility that
was granted a conditional use permit by the City, the State-licensed
operator and the applicant to whom the conditional use permit was
issued shall be the same. The City may request such documentation
at any time.