City of Northmoor, MO Marijuana Facilities and Licenses

[Ord. No. 2024-002, 1-11-2024]

No marijuana facility shall be constructed, altered, or used without complying with the following regulations:

No new marijuana facility shall be initially sited within three hundred (300) feet of any then-existing school, child day-care center, or church.

For purposes of this Section:

A "child day-care center" means a childcare program conducted in a location other than the provider's permanent residence, or separate from the provider's living quarters, and licensed by the Department of Health and Senior Services (DHSS) of the State of Missouri where care is provided for children not related to the childcare provider for any part of the twenty-four (24) hour day.

A "school" means any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

A "church" means a building(s) primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples.

"Then-existing" means any school, child day-care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility first applies for either zoning or a building permit, whichever comes first.

Outdoor Operations Or Storage Prohibited. Unless licensed as a comprehensive marijuana cultivation facility, all marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility. No alcohol shall be consumed on the premises of a marijuana facility.

Hours Of Operation. All marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M. Monday through Saturday and 10:00 P.M. and 9:00 A.M. on Sunday.

Residential Dwelling Units Prohibited. No marijuana facilities shall be located in a building that contains a residence.

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 business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

Unless as otherwise set forth above, all regulations as set forth in Chapter 95 of Division 30 of Title 19 of the Code of State Regulations as now adopted or hereafter amended are incorporated herein by reference as though more fully set forth herein.

The number of total marijuana facilities located within the City limits shall be limited to three (3).

All marijuana facilities shall have the following:

A written security plan shall be submitted for the premises upon which applicant intends to conduct marijuana activities, to the Northmoor Police Department. The plan shall be submitted with the business license application. The plan shall detail security measures for the site and the transportation of marijuana and marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the property from theft or other criminal activity. Each facility shall comply with the security requirements established by DHSS.

The marijuana facility shall install and use security cameras to monitor and record all areas of the premises, except in restrooms. Such security cameras shall specifically include all areas where a person may gain or attempt to gain access to marijuana or cash maintained by the medical marijuana facility. Cameras shall be of sufficient resolution to record operations of the business to an off-site location and shall also include any parking lots or areas near the facility and all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained for a minimum of forty (40) days in a secure off-site location in the City or through a service over a network that provides on-demand access, commonly referred to as a "cloud." The off-site location shall be identified in the security plan submitted to the City and access to recordings maintained must be provided to the Northmoor Police Department upon request. Any change in location of the off-site location shall be updated with the Police Department within seventy-two (72) hours of any such change.

The marijuana facility shall install and use a secure safe for storage of all processed marijuana and cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto.

The marijuana facility shall install and use an alarm system that is monitored by a company that is staffed twenty-four (24) hours a day, seven (7) days a week. The security plan submitted to the City shall identify the company monitoring the alarm, including contact information, and must be updated with the Police Department within seventy-two (72) hours of any change of monitoring company.

The marijuana facility shall have sufficient exterior lighting for security purposes and shall otherwise comply with applicable City Code requirements.

The marijuana facility shall have a fire mitigation and prevention systems in compliance with the International Fire Code as adopted by the City of Northmoor and the applicable Fire Department.

10.

All definitions set forth in Section 405.010 are applicable to this Chapter.

[Ord. No. 2024-002, 1-11-2024]

Filing And Approval Of An Application.

Each application for a marijuana facility license shall be filed with the City Clerk on a form to be provided by the City, signed and sworn to by the applicant with identification as required by Section 600.055. Each application shall be accompanied by a proper remittance reflecting the appropriate license fee made payable to the City.

Upon approval of any application for a license, the Clerk shall grant the applicant a license to conduct a marijuana facility business in the City for a term to expire with the 30th day of June next succeeding the date of such license, unless such license be revoked or suspended for cause before the expiration of such time.

Qualifications For Licenses.

No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the County or City, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the County or City; and, except as otherwise provided under Subsection (G) of this Section, no person shall be granted a license or permit hereunder whose license for any such facility has been revoked by DHSS, or who has plead guilty to or been convicted of a violation of the provisions of any law applicable to the manufacture or sale of marijuana, or who employs in his or her business as such facility any person whose license relating to marijuana has been revoked by DHSS unless five (5) years have passed since the revocation as provided under Subsection (F) of this Section.

Additional Requirements; Exceptions.

No person, partnership or corporation shall be qualified for a license under this Chapter if such person, any member of such partnership or such corporation, or any officer, director or any stockholder owning, legally or beneficially, directly or indirectly, ten percent (10%) or more of the stock of such corporation or other financial interest therein, or ten percent (10%) or more of the interest in the business for which the person, partnership or corporation is licensed, or any person employed in the business licensed under this Chapter shall have had a license revoked under this Chapter except as otherwise provided under Subsections (F) and (G) of this Section, or shall not be a person of good moral character.

No license issued under this Chapter shall be denied, suspended, revoked or otherwise affected based solely on the fact that an employee of the licensee has been convicted of a felony unrelated to the manufacture or sale of marijuana.

A "resident corporation" is defined to be a corporation incorporated or a limited liability company organized under the laws of this State, all the officers and directors or members of which, and all the stockholders or holders of member interests, who legally and beneficially own or control sixty percent (60%) or more of the stock or member interests in amount and in voting rights, shall be qualified legal voters and taxpaying citizens of the County and municipality in which they reside and who shall have been bona fide residents of the State for a period of three (3) years continuously immediately prior to the date of filing of application for a license.

The term "financial interest" as used in this Chapter is defined to mean all interest, legal or beneficial, direct or indirect, in the capital devoted to the licensed enterprise and all such interest in the net profits of the enterprise, after the payment of reasonable and necessary operating business expenses and taxes, including interest in dividends, preferred dividends, interest and profits, directly or indirectly paid as compensation for, or in consideration of interest in, or for use of, the capital devoted to the enterprise, or for property or money advanced, loaned or otherwise made available to the enterprise, except by way of ordinary commercial credit or bona fide bank credit not in excess of credit customarily granted by banking institutions, whether paid as dividends, interest or profits, or in the guise of royalties, commissions, salaries, or any other form whatsoever.

The City Clerk shall by regulation require all applicants for licenses to file written statements, under oath, containing the information reasonably required to administer this Section. Statements by applicants for licenses shall set out, with other information required, full information concerning the residence of all persons financially interested in the business to be licensed as required by regulation. All material changes in the information filed shall be promptly reported to the City Clerk.

Any person whose license or permit issued under this Chapter has been revoked shall be automatically eligible to work as an employee of an establishment holding a license or permit under this Chapter five (5) years after the date of the revocation.

Any person whose license or permit issued under this Chapter has been revoked shall be eligible to apply and be qualified for a new license or permit five (5) years after the date of the revocation. The person may be issued a new license or permit at the discretion of DHSS. If the City denies the request for a new permit or license, the person may not submit a new application for five (5) years from the date of the denial. If the application is approved, the person shall pay all fees required by law for the license or permit. Any person whose request for a new license or permit is denied may seek a determination by the Administrative Hearing Commission as provided under Section 311.691, RSMo.