[1]
Editor's Note: The title of this chapter was amended by Ord. No. 202501.
[Ord. No. 202001, 1-13-2020; Ord. No. 202501, 2-10-2025]
As used in this Chapter the following terms shall have the meanings indicated:
CHILD DAY-CARE CENTER
A child day-care center or center, whether known or incorporated under another title or name, is a child care program licensed by the Department of Health and Senior Services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day.
CHURCH
A permanent building, either rented, owned, or leased space within a permanent building, primarily and regularly used as a place of religious worship and associated religious functions (education, fellowship, etc.)
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 containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL AND/OR RECREATIONAL MARIJUANA CULTIVATION FACILITY
An indoor or greenhouse facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical testing facility, or to a medical marijuana-infused products manufacturing facility.
MEDICAL AND/OR RECREATIONAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for this Section, to a qualifying adult, purchaser, patient, a primary caregiver, another medical or marijuana dispensary facility, a medical or marijuana testing facility, or a medical or marijuana-infused products manufacturing facility.
MEDICAL AND/OR RECREATIONAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
MEDICAL AND/OR RECREATIONAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.
MEDICAL AND/OR RECREATIONAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused products manufacturing facility.
QUALIFYING PATIENT AND/OR PURCAHSER
A Missouri resident diagnosed with at least one (1) qualifying medical condition and/or a qualified adult permitted to purchase, as set forth by Missouri Statute and Regulation.
SCHOOL
Any public elementary or secondary school as defined in § 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.
[Ord. No. 202001, 1-13-2020; Ord. No. 202501, 2-10-2025]
A. 
Permitted Uses, Where. Medical and/or recreational marijuana facilities shall be allowed to locate in the City as permitted uses as follows, it being the intent of the Board of Aldermen that this Section supplement the lists of permitted uses under the district regulations for the indicated zoning districts.
1. 
Medical And/Or Recreational Marijuana Dispensary Facility. Medical and/or recreational marijuana dispensary facilities shall be a principal permitted use in the following zoning districts: "C-1" General Commercial District, "C-2" Central Business District, "C-3" Planned Commercial District, "I-1" Light Industrial, "I-2" Heavy Industrial, and "I-3" Planned Industrial Park.
2. 
Medical and/or Recreational Marijuana Cultivation, Infused Products Manufacturing, Testing And Transportation Facilities. Medical and/or recreational marijuana cultivation, infused products manufacturing, testing and transportation facilities shall be permitted uses in the following district and all subordinate districts that incorporate the permitted uses from the following district: "I-1" Light Industrial, "I-2" Heavy Industrial, and "I-3" Planned Industrial Park.
3. 
Multiple Medical and/or Recreational Marijuana Facility Licenses Under One (1) Roof. Multiple medical marijuana operations in the same building as licensed by the Missouri Department of Health and Senior Services shall be a permitted use in the following district and all subordinate districts: "I-1" Light Industrial, "I-2" Heavy Industrial, and "I-3" Planned Industrial Park.
[Ord. No. 202001, 1-13-2020; Ord. No. 202501, 2-10-2025]
A. 
Distance Requirements.
1. 
Medical and/or Recreational Marijuana Facilities. No new medical and/or recreational 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 two hundred (200) 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 (A)(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 demarcation points that can be lawfully traveled by foot.
a. 
In the case of a dispensary in a freestanding building, the distance to the school, church, or child day-care center shall be measured from the external wall of the building 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. 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 dispensary.
b. 
In the case of a dispensary that is located in a larger structure, such as an office building or strip mall, the distance between the dispensary and the school, church, or child day-care center shall be measured from the property line of the school, church, or child day-care center to the facility's entrance or exit closest in proximity to the school, church, or child day-care center. If the school, church, or child day-care center is a 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 dispensary.
c. 
Proximity To Residential Districts. No medical and/or recreational marijuana facility shall be sited, at any time a site plan is submitted, within two hundred (200) feet of any then-existing residentially zoned parcel. In the case of a medical and/or recreational marijuana facility in a freestanding building, the distance to the residentially zoned parcel shall be measured from the closest property line of the residentially zoned parcel. In the case of a medical and/or recreational marijuana facility that is located in a larger structure, such as an office building or strip mall, the distance between the medical and/or recreational marijuana facility and the residentially zoned parcel shall be measured from the closest property line of the residentially zoned parcel to the closest facility entrance or exit. All measurements shall be in a straight line.
[Ord. No. 202001, 1-13-2020; Ord. No. 202501, 2-10-2025]
A. 
Signage. In addition to sign regulations in the City of Bonne Terre Land Use Code, the following shall apply to signage for medical marijuana facilities:
1. 
Facilities shall not use signage or advertising with the word "marijuana" or "cannabis" or any other work, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word "medical" or "recreational" in type and font that is at least readily discernible as all other words, phrases or symbols.
2. 
Facilities shall not advertise in a manner that is inconsistent with the medicinal or recreational use of medical or recreational marijuana or use advertisements that promote illegal or abusive use.
B. 
Hours Of Operation. All sales or distribution of medical and/or recreational marijuana and any other products sold to the public through a medical and/or recreational marijuana dispensary shall take place daily between the hours of 8:00 A.M. and 10:00 P.M. Medical and/or recreational marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the medical and/or recreational marijuana dispensary may be present in such a facility at any time it is closed to the public. All other medical and/or recreational marijuana facilities shall be closed to the public between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the facility shall be on the premises at any time without being approved for entry and logged in by building security personnel and are required to obtain a visitor pass.
[Ord. No. 202001, 1-13-2020; Ord. No. 202501, 2-10-2025]
A. 
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 and/or recreational marijuana facility.
4. 
Ventilation Required. All medical and/or recreational 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 detectable 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 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 lease space.
B. 
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 medical and/or recreational marijuana facility submitted development plans, listing the address of the proposed location, and advising schools and churches that they have ten (10) business days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section 630.020.