[Ord. No. 2019-06, 9-16-2019; Ord. No. 2023-04, 2-6-2023]
A. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
CHILD DAY-CARE CENTER
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
CHURCH
A Permanent building primarily and regularly used as a place of religious worship.
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" does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
MEDICAL FACILITY
Any medical marijuana cultivation facility medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in Article XIV of the Missouri Constitution, as amended.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying medical condition.
SCHOOL
Any public elementary or secondary school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, but does not include any private school in which education is primarily conducted in private homes.
B. 
Permitted Uses, Where. Licensed medical marijuana facilities shall be allowed to locate in the City as permitted uses within the "B-1" General Business Zoning District and all subordinate zoning districts thereunder that incorporate the permitted uses in the "B-1" Zoning District.
C. 
Distance Requirements.
1. 
Medical Marijuana Facilities. No new medical marijuana dispensary facility, cultivation facility, infused-product manufacturing facility and testing facility, or any combination thereof, shall be sited, at the time a site plan is submitted, within one thousand (1,000) feet of any then-existing protected school, church or child day-care center.
2. 
Protected Schools, Churches and Child Day-Care Centers. The Code Enforcement Officer shall create and use his/her best efforts to maintain a list of current schools, churches and child day-care centers for the purpose of imposing the distance requirements set out in Subsection (c)(1). An eligible school, church or child day-care center not on the list may request to be added to the list by completing a form prepared for that purpose by the Code Enforcement Officer. The request form must be accompanied by documentation to establish, to the satisfaction of the Code Enforcement Officer, in his/her sole discretion, that the applying school, church or child day-care center qualifies for the protection of the distance requirement.
3. 
Distance Measurement. Measurement shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
a. 
In the case of a freestanding facility, the distance between the facility and the school, church or child day-care center shall be measured from the external wall of the facility structure closest in proximity to the school, church or child day-care center to the closest point of the property line of the school, church or child day-care center.
b. 
If the school, church or child day-care center 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, church or child day-care center closest in proximity to the facility.
c. 
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 the school, church or child day-care center shall be measured from the property line of the school, day-care, or church to the facility's entrance or exit closes in proximity to the school, day-care or church.
D. 
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary shall take place daily between the hours of 7:00 A.M. and 10:00 P.M.
E. 
Other Standards for Medical Marijuana Facilities.
1. 
Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building, No outdoor operations, storage or cultivation shall be permitted.
2. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.
3. 
Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises of the licensed medical marijuana facility.
4. 
Ventilation Required. All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectible by a person with a normal sense of smell outside the boundary of the parcel or leased space in which the facility is located.
5. 
Plan Review. Development plans meeting the requirements of this Section 405.820 and all City codes and regulations, including, but not limited to, the current adopted building codes and the Zoning Code, shall be submitted for review and approval. The plans shall include a description of the ventilation system to be used to contain odors within the building or leased space.
F. 
Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed marijuana facility submitted development plans, listing the address of the proposed location, and advising schools and churches that they have seven (7) days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section 405.820(c).
[Ord. No. 2023-04, 2-6-2023]
A. 
Definitions. As used in this Section, the following terms shall have the meanings indicated:
CHILD DAY-CARE CENTER
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the Department pursuant to Section 2 of Article XIV of the Missouri Constitution, but shall not include a medical facility licensed under Section 1 of Article XIV of the Missouri Constitution.
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.
SCHOOL
Any public elementary or secondary school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, but does not include any private school in which education is primarily conducted in private homes.
B. 
Permitted Uses, Where. Licensed marijuana facilities shall be allowed to locate in the City as provisionally permitted uses within the "B-1" General Business Zoning District and all subordinate zoning districts thereunder that incorporate the permitted uses of the "B-1" Zoning District. This permitted use is provisional in that it shall terminate upon the passage of any ballot measure submitted to the voters prohibiting the operation of all microbusiness dispensary facilities or comprehensive marijuana dispensary facilities pursuant to Subparagraph 5 of Section 2 of Article XIV of the Missouri Constitution as amended. All persons or entities receiving a permit for the operation of a marijuana facility are hereby placed on notice that said permit is only provisional and no property interest or right is conferred hereby for any time period after the passage of any ballot measure by the voters of the city prohibiting their operation within the City.
C. 
Distance Requirements.
1. 
Marijuana Facilities. No new marijuana dispensary facility, cultivation facility, infused-product manufacturing facility and testing facility, or any combination thereof, shall be initially sited within one thousand (1,000) feet of any then-existing protected school, church or child day-care center.
2. 
Protected Schools, Churches and Child Day-Care Centers. The list of schools churches and child day-care centers established pursuant to Subsection (c)(2) of Section 405.820 of the Code shall be utilized under this Section.
3. 
Distance Measurement. Measurement shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
a. 
In the case of a freestanding facility, the distance between the facility and the school, church or child day-care center shall be measured from the external wall of the facility structure closest in proximity to the school, church or child day-care center to the closest point of the property line of the school, church or child day-care center.
b. 
If the school, church or child day-care center 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, church or child day-care center closest in proximity to the facility.
c. 
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, church or child day-care center 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.
D. 
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana facility shall take place daily between the hours of 7:00 A.M. and 10:00 P.M.
E. 
Other Standards For Marijuana Facilities.
1. 
Outdoor Operations or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building, No outdoor operations, storage or cultivation shall be permitted.
2. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.
3. 
Display Of Licenses Required. The marijuana facility license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises of the licensed marijuana facility.
4. 
Ventilation Required. All marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectible by a person with a normal sense of smell outside the boundary of the parcel or leased space in which the facility is located.
5. 
Plan Review. Development plans meeting the requirements of this Section 405.830 and all City codes and regulations, including, but not limited to, the current adopted building codes and the Zoning Code, shall be submitted for review and approval. The plans shall include a description of the ventilation system to be used to contain odors within the building or leased space.
F. 
Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed marijuana facility submitted development plans, listing the address of the proposed location, and advising schools, child day-care centers, and churches that they have seven (7) days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section 405.830(c).