[Ord. No. 2024-002, 1-11-2024]
A.
No marijuana facility shall be constructed, altered, or used without complying with the following regulations:
1.
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.
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.
b.
A "school" means any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
c.
A "church" means a building(s) primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples.
d.
"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.
2.
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.
3.
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.
4.
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.
5.
Residential Dwelling Units Prohibited. No marijuana facilities shall be located in a building that contains a residence.
6.
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.
7.
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.
8.
The number of total marijuana facilities located within the City limits shall be limited to three (3).
9.
All marijuana facilities shall have the following:
a.
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.
b.
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.
c.
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.
d.
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.
e.
The marijuana facility shall have sufficient exterior lighting for security purposes and shall otherwise comply with applicable City Code requirements.
f.
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.