Editor's Note: Former Ch. 450, Medical Marijuana Facilities,
was repealed 2-28-2023 by Ord. No. 2767. Prior history includes Ord.
No. 2760.
[Ord. No. 2767, 2-28-2023]
A.
This Chapter is intended to implement Article XIV of the Missouri
Constitution, entitled "Marijuana Use and Regulation," to protect
the right of access to marijuana and to simultaneously provide for
and protect the health, safety, welfare, and property values of the
City and its residents, businesses, property owners, and other constituents.
B.
This Chapter shall govern marijuana facilities as defined herein
and shall supersede all other conflicting zoning regulations to the
extent provided herein, but it shall have no effect on zoning regulations
not in conflict with this Chapter.
[Ord. No. 2767, 2-28-2023]
For the purposes of this Chapter, the follow terms shall have
the following meanings:
A child care facility, as defined by Section 210.201, RSMo.,
or its successor provisions, that is licensed by the State of Missouri.
A permanent building primarily and regularly used as a place
of religious worship.
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. The
term "marijuana" does not include industrial hemp, as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
Any equipment, product, material, or combination thereof
which is designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing,
ingesting, inhaling, or otherwise introducing marijuana into the human
body.
A facility licensed by the State of Missouri 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
marijuana accessories to any consumer authorized by and in accordance
with applicable law and regulations. A marijuana dispensary facility
may dispense marijuana products for medical purposes, recreational
purposes, or both, to persons at least twenty-one (21) years of age
for consumption and use as permitted by law.
Any marijuana cultivation facility, marijuana dispensary
facility, marijuana testing facility, marijuana-infused products manufacturing
facility, marijuana microbusiness facility, or any other type of marijuana-related
facility or business licensed or certified by the State of Missouri
pursuant to Article XIV of the Missouri Constitution.
Marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as "clones"), marijuana-infused products (including infused
pre-rolls), marijuana accessories, and any other marijuana product
defined and permitted by law.
[Ord. No. 2767, 2-28-2023]
A.
Marijuana facilities may be permitted and located in the following zoning districts of the City by special permit use only, issued in accord with Article XII, Special Permits, of Chapter 400, Zoning Regulations, of this Code and subject to the additional regulations of this Chapter:
1.
Marijuana facilities may be permitted in the "LID" Light Industrial
District, but no such facility shall be located: 1) within 1,000 feet
of any then-existing elementary or secondary school, child day care
center, or church, or 2) within 750 feet of (a) any property residentially
zoned, including, but not limited to, the "SR" Single-Family Residential
District, "AR" Attached Single-Family Residential District, "PASF"
Planner Attached Single-Family District, and "PRO" Planned Residential/Office
District, or b) any other marijuana facility.
2.
Marijuana dispensary facilities may be permitted in any other
non-residential zoning district, but no such facility shall be located
within 1,000 feet of: 1) any then-existing elementary or secondary
school, child day care center, or church, or 2) any other marijuana
facility.
3.
Method of measurement:
a.
For purposes of this Subsection: a) the facilities from which
a marijuana facility are to be separated, i.e., a pre-existing elementary
or secondary school, child day care center, church, or marijuana facility,
shall be referred to as a "buffered facility"; b) a "non-freestanding
facility" shall refer to a facility that is part of a larger structure,
such as an office building or strip mall; c) the referenced demarcation
points shall be those in closest proximity to each other; and d) measurements
shall be made along the shortest path between the demarcation points
that can be lawfully traveled by foot.
b.
Freestanding marijuana facility and freestanding buffered facility:
the distance shall be measured from the external wall of the marijuana
facility to the property line of the buffered facility.
c.
Freestanding marijuana facility and non-freestanding buffered
facility: the distance shall be measured from the external wall of
the marijuana facility to the nearest entrance or exit of the buffered
facility.
d.
Non-freestanding marijuana facility and freestanding buffered
facility: the distance shall be measured from the property line of
the buffered facility to the nearest entrance or exit of the marijuana
facility.
e.
Non-freestanding marijuana facility and non-freestanding buffered
facility: the distance shall be measured from the nearest entrance
or exit of the marijuana facility to the nearest entrance or exit
of the buffered facility.
[Ord. No. 2767, 2-28-2023]
A.
General.
1.
All activities of any marijuana facility shall occur only within
an enclosed building.
2.
The waiting area of a marijuana dispensary facility shall be
separated from the area of the facility used for the sale and delivery
of marijuana products by a solid wall and solid door so that persons
in the waiting area are obstructed from observing the sale and delivery
of the product.
3.
No marijuana product shall be visible through glass, windows,
or doors by a person of normal visual acuity standing at the outside
perimeter of a facility.
4.
The consumption or personal use of alcohol or any marijuana
product within any marijuana facility is prohibited, except that a
marijuana testing facility may use or consume marijuana during the
testing process and only as the use or consumption relates to the
testing process.
B.
Security.
1.
Surveillance cameras shall be installed to monitor each entrance
to a facility along with the interior and exterior of the premises
to discourage and to facilitate the reporting and investigation of
criminal acts and nuisance activities occurring on or at the premises.
Security video shall be preserved for at least ninety (90) days and
be made available to Law Enforcement Officers on demand.
2.
All salable inventory of marijuana must be kept and stored in
a secured, locked manner.
3.
A locking safe or secure vault shall be permanently affixed
or built into the premises to store any currency on-site.
4.
Professionally monitored robbery and burglary alarm systems
shall be installed and maintained in good working condition within
the facility at all times.
5.
Each facility licensee shall provide and update the Chief of
Police with the name, cellular telephone number, electronic mail address,
and facsimile number of an onsite facility employee to whom the City
may provide notice of any operating problems associated with the facility.
6.
Each facility licensee shall provide the Chief of Police with
a security plan, which shall be subject to the Chief's review
and approval and which may include additional requirements or conditions
to ensure public safety or to incorporate current best practices.
C.
Odor.
2.
All structures used for any marijuana facility shall be equipped
with odor-control filtration and ventilation systems to prevent odors
of marijuana from leaving the premises. No odor shall be detectable
by a person with a normal sense of smell at any point outside the
property boundary of the facility.
E.
It shall be unlawful for any person to grow, distribute, transmit,
give, dispense, or otherwise provide marijuana as a home occupation
unless otherwise allowed by law.
[Ord. No. 2767, 2-28-2023]
A.
No marijuana facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services, and any licensee shall be in compliance with the requirements of the license, this Chapter 450, and the Olivette City Code at all times. In addition, all license requirements, including those of this Chapter, are deemed incorporated into any special permit issued pursuant to Article XII, Special Permits, of Chapter 400, Zoning Regulations, of this Code.
B.
Any violation of the requirements noted herein, or any violation of a special use permit issued pursuant to Article XII of Chapter 400 hereof, shall be a violation of this Section, punishable upon conviction as provided in Section 100.080 hereof. In addition, such non-compliance or violation may be: 1) evidence of the existence of a public nuisance, which may be acted upon as provided in Chapter 220 hereof, and 2) grounds for revocation of any special permit issued pursuant to Article XII, Special Permits, of Chapter 400, Zoning Regulations, hereof.
Should the voters of the City elect to prohibit the operation of non-medical marijuana dispensaries as allowed by Section 2.5(1) of Article XIV of the Missouri Constitution, this Chapter 450 shall remain in full force and effect but shall thereafter be limited to the regulation of medical marijuana facilities as defined and regulated by Article XIV, Section 1 thereof.
