City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 19-34, 1-7-2020]
Unless specifically defined in this Chapter, definitions shall be in accordance with the Article XIV, Section 1 of the Missouri Constitution and the Missouri Department of Health and Senior Services (or its successor) regulations governing medical marijuana facilities, which are currently in 19 CSR 30-95.
[Ord. No. 19-34, 1-7-2020]
All medical marijuana facilities shall always comply with all laws and regulations issued by the Missouri Department of Health and Senior Services (or its successor) and the Municipal Code related to medical marijuana facilities. If the State's laws and regulations are more restrictive than the City's, than the more restrictive requirement applies.
[Ord. No. 19-34, 1-7-2020]
No medical marijuana facility shall be operated without a valid business license, an occupancy permit, and a valid license issued by the Missouri Department of Health and Senior Services (or its successor).
[Ord. No. 19-34, 1-7-2020]
A. 
No medical marijuana dispensary facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing elementary or secondary school or property owned by a school district, as elementary and secondary schools are defined by State laws and regulations governing medical marijuana facilities.
B. 
No medical marijuana cultivation facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing elementary or secondary school or property owned by a school district, as elementary and secondary schools are defined by State laws and regulations governing medical marijuana facilities.
C. 
No medical marijuana-infused products manufacturing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing elementary or secondary school or property owned by a school district, as elementary and secondary schools are defined by State laws and regulations governing medical marijuana facilities.
D. 
No medical marijuana testing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing elementary or secondary school or property owned by a school district, as elementary and secondary schools are defined by State laws and regulations governing medical marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
A. 
No medical marijuana dispensary facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing church as church is defined by State laws and regulations governing medical marijuana facilities.
B. 
No medical marijuana cultivation facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing church as church is defined by State laws and regulations governing medical marijuana facilities.
C. 
No medical marijuana-infused products manufacturing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing church as church is defined by State laws and regulations governing medical marijuana facilities.
D. 
No medical marijuana testing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing church as church is defined by State laws and regulations governing medical marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
A. 
No medical marijuana dispensary facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing daycare center as daycare is defined by State laws and regulations governing medical marijuana facilities.
B. 
No medical marijuana cultivation facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing daycare center as daycare is defined by State laws and regulations governing medical marijuana facilities.
C. 
No medical marijuana-infused products manufacturing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing daycare center as daycare is defined by State laws and regulations governing medical marijuana facilities.
D. 
No medical marijuana testing facilities licensed by the Missouri Department of Health and Senior Services (or its successor), and authorized to operate under Article XIV, Section 1 of the Missouri Constitution, including one co-located, shall be initially sited or expanded, at the time of application for license or for zoning approval, within one thousand (1,000) feet of any then-existing daycare center as daycare is defined by State laws and regulations governing medical marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
Measurements shall be made in accordance with State laws and the Missouri Department of Health and Senior Services (or its successor) regulations governing medical marijuana facilities.
[Ord. No. 19-34, 1-7-2020]
The medical marijuana dispensary facility's hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Sunday through Saturday. No sales or distribution of medical marijuana or any other products sold to the public shall take place outside of the hours of operation. No persons not employed by the facility shall be on the premises without being approved by the facilities' security personnel and shall be required to obtain and display an after-hours pass.
[Ord. No. 19-34, 1-7-2020]
A. 
Medical marijuana facilities shall only sell medical marijuana or medical marijuana-infused products to a qualified patient in possession of a valid qualified patient identification card or a caretaker of a qualified patient, or patients, in possession of a valid qualified caretaker card issued from the Missouri Department of Health and Senior Services or its successor.
B. 
The medical marijuana facility shall be located and operated from a permanent and fixed enclosed structure and may not be located in a trailer, cargo container, or motor vehicle, and the structure shall not be mobile or operate from a transitory location. Any and all cultivation, processing, storage, display, sales or other distribution of marijuana shall occur within the enclosed structure and shall not be visible from the exterior of the building.
C. 
The medical marijuana facility shall not sell to customers who are in cars or who consume the sold products in cars parked on the facility, nor shall it sell products through a sales window, to customers who are in cars, for the immediate consumption by the customer either on or off the premises.
D. 
The medical marijuana facility shall not provide delivery services for any of its products unless otherwise allowed by State law.
E. 
All medical marijuana facilities shall have installed and operational at all times a ventilation system or odor mitigation system to prevent any odor of marijuana from leaving the building or individual unit where the facility operates from so that no odor of marijuana shall be detectable by a person with normal sense of smell beyond the building or unit where the facility operates. The facility shall not use any equipment or process that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the building or unit where the facility operates.
F. 
No medical marijuana facility shall create or cause any public nuisance.
G. 
If a medical marijuana facility elects to sell devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers, and related tools, water pipes, and vaporizers, said items shall only be sold to an individual who is a qualified patient in possession of a valid qualified patient identification card or a caretaker of a qualified patient, or patients, in possession of a valid qualified caretaker card.
H. 
No medical marijuana facility shall display signage or advertisements with the "marijuana" or "cannabis," or any other word, phrase, or symbol commonly understood to refer to marijuana unless the word or phrase is immediately proceeded by the word "medical" in the same type and font as all other words and symbols.
I. 
No medical marijuana facility shall advertise or promote the recreational or other use of medical marijuana that is inconsistent with the medical use of medical marijuana.
J. 
No medical marijuana facility shall allow marijuana to be consumed on the premises or within the parking lot used by the facility.
K. 
No medical marijuana facility shall operate unless the license issued by the Missouri Department of Health and Senior Services (or its successor), is openly and conspicuously placed at the entrance to the facility.
L. 
No person under the age of eighteen (18), except a patient when accompanied by a parent or legal guardian, shall be allowed on the premised of the medical marijuana facility.
M. 
No medical marijuana facility shall operate unless all the safety and security requirements as required by the Missouri Department of Health and Senior Services (or its successor) are in place and fully functional at all times. All security records shall be available to law enforcement upon request.
N. 
The medical marijuana facility shall display a sign on the interior of the facility indicating that a patient identification card or primary caregiver identification card, issued from the Missouri Department of Health and Senior Services (or its successor), is required and must be presented to purchase medical marijuana and marijuana-infused products.
O. 
Within thirty (30) days of ceasing operations, all medical marijuana-related products, supplies, and equipment, including signage, shall be removed from the facility.
P. 
It shall be unlawful for any person to distribute, transmit, give, dispense, or otherwise provide medical marijuana as a home occupation.
Q. 
The regulations contained in this Chapter shall be in addition to any and all regulations contained elsewhere in the Municipal Code or Zoning Ordinance.