[R.O. 1991 § 601.010; Ord. No. 19-1196, 7-30-2019; Ord. No. 23-1250, 10-10-2023]
As used in this Chapter the following
terms shall have the meanings indicated:
DAYCARE
A Missouri Department of Health and Senior Services licensed,
regulated, or childcare subsidized facility where care is provided
for children by a child-care provider for any part of the twenty-four
(24) hour day.
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
seed thereof and resin extracted from the plant and marijuana-infused
products. "Marijuana" or "Marihuana" do not include industrial hemp
as defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
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.
MARIJUANA FACILITY
A facility certified by the State of Missouri as a marijuana
testing facility, medical marijuana cultivation facility, medical
marijuana dispensary facility, medical marijuana-infused products
manufacturing facility, medical marijuana testing facility, medical
marijuana facility, microbusiness marijuana testing facility, or microbusiness
marijuana wholesale facility.
MEDICAL MARIJUANA FACILITY
A facility certified by the State of Missouri as a cultivation
facility, dispensary facility, infused products manufacturing facility
or testing facility.
[R.O. 1991 § 601.020; Ord. No. 19-1196, 7-30-2019; Ord. No. 23-1250, 10-10-2023]
A. Compliance With State Law. Uses shall remain in compliance with Section 1 of Article
XIV of the Missouri Constitution.
B. Proximity
Of Facilities To Certain Other Uses. Marijuana facilities are prohibited
within two hundred (200) feet from any elementary or secondary school,
daycare, church, or other building regularly used as a place of religious
worship, except when the aforementioned uses establish themselves
within the prohibited distance, existing marijuana facilities may
remain.
C. The distance of two hundred (200) feet as set forth in Subsection
(B) above shall be measured as set forth in Article
XIV of the Missouri Constitution, which states that, in the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
D. Proximity Of Facilities To Other Marijuana Facilities. No medical marijuana facility shall be allowed to operate within one thousand (1,000) feet of any other marijuana facility, as measured in Subsection
(C) above.
E. Signage. In addition to all other applicable
City Code provisions, the following shall apply to signage for marijuana
facilities:
1.
Facilities shall not use signage
or advertising with the word "marijuana" or "cannabis" or any other
word, phrase or symbol commonly understood to refer to marijuana,
nor shall any images of the marijuana plant be used in signage.