[Ord. No. 1901, 12-16-2019]
As used in this Chapter the following terms shall have the meanings indicated:
- DAY CARE
- A Missouri Department of Health and Senior Services licensed, regulated, or childcare subsidized facility where care is provided for children by a childcare 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 does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, 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.
- MEDICAL MARIJUANA DISPENSARY FACILITY
- A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility. No other type of medical marijuana facilities, including but not limited to medical marijuana infused products manufacturing facility, marijuana cultivation facility, or marijuana testing facility, as those facilities are defined by Missouri State Statute, shall be permitted in the City of Bowling Green.
[Ord. No. 1901, 12-16-2019]
Compliance With State Law. Uses shall remain in compliance with Section 1 of Article XVI of the Missouri Constitution.
Proximity Of Dispensary Facilities To Certain Other Uses. Medical Marijuana dispensary facilities are prohibited within set distances listed below from any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship, except when the aforementioned uses establish themselves within the prohibited distance, existing medical marijuana dispensary facilities may remain. The prohibited distance shall be measured in a straight line from the outer walls of the Medical Marijuana dispensary facility to the outer walls of any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship.
The set distances medical marijuana dispensary facilities shall remain away from any elementary or secondary school, day care, church, or other building regularly used as a place of religious worship as follows a distance of at least one thousand (1,000) feet.
Proximity Of Dispensary Facilities To Other Medical Marijuana Dispensary Facilities. No medical marijuana dispensary facility shall be allowed to operate within one thousand (1,000) feet of any other medical marijuana dispensary facility.
Signage. In addition to all other applicable City Code provisions, the following shall apply to signage for medical marijuana dispensary facilities:
Dispensary 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 unless such word, phrase or symbol is immediately preceded by the word "medical" in type and font that is at least as readily discernible as all other words, phrases or symbols.
Dispensary facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than for medicinal purposes.
Zoning Classification. All medical marijuana dispensary facilities shall be located in "B-1" Highway Business Classification and shall be subject to all restrictions of same as further set forth in this Code.