HomeMy Public PortalAbout2019-10-31 packetNOTICE OF MEETING AND TENTATIVE AGENDA'
City of Jefferson Public Safety Committee
Thursday, October 31, 2019
7:30 a.m.
Jefferson City Police Department — 401 Monroe
Police Training Room
TENTATIVE AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. OLD BUSINESS
4. NEW BUSINESS
a. Medical Marijuana — Criminal Provisions, Chapter 18 (Moehlman)
b. Medical Marijuana — Business Provisions, Chapter 17 (Moehlman)
c. Fire Station #4 Design & Engineering: Hardened Storm Shelter and Modification of
Existing Space (Chief Schofield)
5. OTHER BUSINESS
a. Fire Department Update (Chief Schofield)
b. Police Department Update (Chief Schroeder)
6. ADJOURN
NOTES
` Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative
formats as required under the Americans with Disabilities Act. Please allow three business days to process the
request.
Public Safety Committee Meeting
Call to Order
The September 26, 2019, Public Safety Committee meeting convened at 7:30 a.m. by
Councilman Graham.
Attendance
Present: Committee Members: Councilman Graham, Councilman Schreiber, Councilman
Mihalevich, Councilman Kemna and Councilman Hussey.
Guests: Mayor Carrie Tergin, City Administrator Steve Crowell, Fire Chief Matt
Schofield, Police Chief Roger Schroeder, Police Captain Eric Wilde, Cole County
Emergency Management Coordinator Bill Farr, and Architects Alliance
Representatives Cary Gampher and Abigail Steck.
Approval of Minutes
It was noted the minutes attached to the packets for the meeting were not the August 29th
minutes. The correct minutes were available in the paperless packets. Councilman Mihalevich
made a motion to approve the minutes of the August 29, 2019 meeting. Councilman Schreiber
seconded the motion. Minutes were approved.
Discussion of Agenda Items
OLD BUSINESS
None.
NEW BUSINESS
Architects Alliance Police Department Building Study Presentation
Chief Schroeder advised the committee had requested additional information regarding the
police department's list of needs which included an addition and renovation to the existing 40 -
year -old building. Chief Schroeder stated he was not requesting money at this time, but the
building study was a critical first step in the process. He turned the discussion over to Captain
Wilde, who was assigned the task of initiating the project.
Captain Wilde stated there were three objectives to the project: a building that would last another
40-50 years, to be a good steward of the City's tax money, and create a building that was
efficient. He introduced Cary Gampher and Abigail Steck with Architects Alliance who
produced the building study.
Mr. Gampher stated the police department building was originally designed to accommodate a
second floor. There was sufficient space at the time it was built, but growth has provided
inefficiencies over the years. The building is approximately 30,000 square feet. The addition of
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an upper level would add an additional 14,000 square feet. This would be a three-year project
and cost approximately $6.5 - $7 million dollars for the general contractor to construct the
addition. Mr. Gampher advised it is more cost efficient to renovate a building than to build a
new one. A new building would cost approximately $16 — $17 million dollars.
Ms. Steck distributed sets of renovation plans to the committee and reviewed both the existing
and proposed floor plans. It was noted that many of the current office spaces were at one time
closets and storage, and not adequate for the number of people occupying those spaces. One of
the most critical safety issues is officers walking subjects/prisoners up two flights of stairs to the
processing/interview area. This is dangerous for both the subject and the officer. Chief
Schroeder noted that there has been approximately 90% growth in the size of the department
personnel over the past 40 years, and every component in the building is strapped for space.
The committee members thanked Mr. Gampher and Ms. Steck for their presentation.
OTHER BUSINESS
Fire Department Update
Chief Schofield advised October is fire safety month, with Fire Safety Week being observed
October 6-12. The motto for the week is "Not every hero wears a cape - plan and practice your
escape". Members of the Jefferson City Fire Department and Cole County Fire Districts will take
the Fire Safety House to schools and give fire safety presentations. The Fire Department will
partner with Lowe's and the Red Cross to go house to house with free smoke detectors. Carbon
monoxide detectors will also be available.
Hose testing occurred during the month of September. Thousands of feet of hose was tested to
ensure it was in good working order.
Police Department Updates
Chief Schroeder stated Lori Blatter had been hired as the Animal Shelter Manager. Lori has a
Bachelor of Science degree in business management. She was formerly employed at SEMA as a
state floodplain management officer. Chief Schroeder advised there will be a positive new
direction with the Animal Shelter program. He noted that over 20,000 people visit the Shelter
each year.
Chief Schroeder advised the department is experiencing difficulty in generating interest in hiring.
This is being experienced on a national level. Numbers of applicants have decreased
significantly. The department currently has three communications operator and two police
officer vacancies. Applications for those positions close on October 1. To date, the City has
received only 24 officer and 13 communications operator applicants. Chief Schroeder noted the
department used to exceed 100 applicants twice a year. He is exploring every possible means of
securing interest, including recruiting high school students for communications operator
positions. The position requires the applicant be 18 years or older.
Councilman Graham asked if a factor in the low interest in hiring was pay. Chief Schroeder
stated the recent tax in St. Louis which resulted in pay increases to St. Louis police officers has
had an impact. He had lost three officers to St. Louis and one to the State of Missouri this year,
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all to significant pay increases. Salary, the police atmosphere, and media have all contributed to
the decline.
When asked about Fire Department staffing, Chief Schofield advised he had lost one firefighter
trainee last month. They have a replacement beginning employment in a couple of weeks.
Firefighters are in the same pay range as police officers and their pay is comparable to officers.
Councilman Graham asked that new employees be presented at a council meeting to be
recognized and welcomed.
Chief Schroeder advised it is difficult to convey to employees in their 20s the positive aspects of
living in Jefferson City. They tend to prefer the bigger city lifestyle. Councilman Mihalevich
stated if Jefferson City is not comparable to surrounding communities in pay, he suggested the
2016 salary study be reviewed. Chief Schroeder stated the City was competitive in pay until the
St. Louis tax increase. Columbia Police Department is also going through salary changes, and
they will likely become competitors as well. Councilman Mihalevich noted that the renovations
to the police department could be a recruiting tool, emphasizing personnel safety and comfort.
Chief Schofield stated retaining employees was a concern. They train and stay here for a couple
of years and then leave to more competitive markets. The biggest challenge is to retain talent.
Councilman Graham recommended looking at the compression issue and reviewing the salary
study. Chief Schroeder advised the department had enjoyed three years of almost no turnover.
This year the turnover will be in double digits, going from approximately 3% to over 10%.
Other Updates
Emergency Management Coordinator Bill Farr stated he had attended a long-term tornado
recovery meeting to review citizens' unmet needs with United Way's Ann Bax and
representatives of area churches. There has been approximately $300,000 donated to a fund to
use for ongoing needs. The old Sears building is being used for storage. He will attend a meeting
with FEMA tomorrow to discuss the process of recovering money expended on tornado clean up
and recovery.
Councilman Schreiber complimented Mr. Farr on his recent presentation to the Lions Club.
Chief Schroeder advised there were not enough applicants to have a Citizen Police Academy this
Fall.
Councilman Graham noted the recent shootings in Columbia. He stated that council persons,
when attending neighborhood meetings, should encourage attendees to contact police if they see
or hear anything out of the ordinary. He thanked both the police department and fire department
for keeping the city safe.
Captain Wilde advised he had moved a couple of officers out of the Traffic Unit into the
Community Action Team (CAT), and one officer has been assigned to ATF as a task force
officer to address the local increase in violent incidents and instances of gunfire.
Chief Schofield advised he had informational fliers for the Smart 911 system to promote
participation.
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Mayor Tergin advised Lt. Dave Williams would be recognized at the October 7th Council
Meeting for his Employee of the Year Award. Saturday, October 19th is the Memorial Stair
Climb at Jefferson Building.
Councilman Schreiber advised he and Councilman Hensley attended three of the Neighborhood
Watch gatherings during National Night Out. He complimented the officers who presented at the
gatherings, and advised the gatherings were well attended.
Adj ourn
Councilman Schreiber made a motion to adjourn the meeting. Councilman Mihalevich seconded
the motion. The meeting was adjourned at 8:38 a.m.
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BILL NO. 19 -
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18,
MISCELLANEOUS PROVISIONS AND OFFENSES RELATED TO CONTROLLED
SUBSTANCES
WHEREAS, on November 6, 2018, the voters of the State of Missouri approved Amendment 2
to the Constitution of the State of Missouri which legalizes medical marijuana within the State;
and
WHEREAS, the Department of Health and Senior Services, serving as the administrator of the
medical marijuana program, has developed regulations allowing for the legal use of marijuana,
an otherwise federally illegal activity; and
WHEREAS, the City Council believes it is necessary to add provisions to its Code of
Ordinances to allow for the legal use of medical marijuana in accordance with state regulations;
and
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 18 (Miscellaneous Provisions and Offenses) is hereby amended by
amending Sections 18-280 through 18-282 and adding Sections 18-283 through 18-284, to read
as follows:
Sec. 18-280. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed them by this section:
The terms `Administer,' `Marijuana,' `Marijuana infused products,' `Medical marijuana
cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused
products manufacturing facility,' `Medical marijuana testing facility,' `Medical use,'
`Primary caregiver' and `Qualifying patient' shall have the definition set forth in Article
XVI Section 1 of the Missouri Constitution.
Controlled substance. Any drug or substance included in section 195.005 through and including
section 195.425, RSMo.
Drug paraphernalia. All equipment, products and materials of any kind which are used, intended
for use, or designed for use, in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance or an imitation controlled substance in violation of sections 195.005 to
195.425, RSMo.
Identification card. A document, whether in paper or electronic format, issued by the
Missouri Department of Health and Senior Services, or its successor agency, that
authorizes a qualifying patient, primary caregiver, or employee or contractor of a
licensed medical marijuana facility to access medical marijuana as provided by law, or a
similar card issued by another state.
Medical marijuana facility. Either a `Medical marijuana cultivation facility,' `Medical
marijuana dispensary facility,' `Medical marijuana -infused products manufacturing
facility,' or a `Medical marijuana testing facility,' as defined in Article XVI Section 1 of the
Missouri Constitution, or a `medical marijuana transportation facility' as defined in
Chapter 35, the Zoning Code.
Public place. Any public or private property, or portion of public or private property, that
is open to the general public, including, but not limited to, sidewalks, streets, bridges,
parks, schools, and businesses. However, for purposes of designating a nonpublic place
within a public place, the owner or entity with control of any such property may, but is
not required to, provide one (1) or more enclosed private spaces where one (1)
qualifying patient and, if required by the owner or entity with control of any such
property, a representative of such owner or entity, may congregate for the qualifying
patient to consume medical marijuana. The qualifying patient may be accompanied by
the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the
qualifying patient's physician. The owner or entity with control of any such property may
provide such a space by individual request or designate such a space for ongoing use
and may limit use of medical marijuana in that space to uses that do not produce smoke.
Any such permission shall be given in writing and provided to the qualifying patient or
publicly posted prior to a qualifying patient's use of medical marijuana in that space.
Nothing herein shall allow conduct in violation of Chapter 15, Article III, the Jefferson
City Clean Indoor Air Ordinance.
Sec. 18-281. Possession of marijuana; penalty.
A. It is unlawful for any person to possess an amount thirty-five (35) grams or less of
marijuana except as authorized by Sec. 18-283.
B. Any person violating any provision of this section, upon conviction, shall be fined not
less than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or
shall be imprisoned for three (3) months, or shall be both fined and sentenced.
Sec. 18-282. Unlawful use of Drug Paraphernalia; penalty.
A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance or an imitation
controlled substance in violation of sections 195.005 to 195.425, RSMo, except as
authorized by Sec. 18-283.
B. Any person violating any provision of this section, upon conviction, shall be fined not less
than one hundred dollars ($100.00) no more than five hundred dollars ($500.00), or shall
be imprisoned for three (3) months, or shall be both fined and sentenced.
Sec. 18-283. Medical Marijuana.
A. Possession of medical marijuana.
a. A qualified patient in possession of a valid qualified patient identification
card shall be allowed to possess marijuana in any amount allowed by state
law.
b. A primary caregiver of a qualified patient shall be allowed to possess any
amount of marijuana allowed by state law when transporting marijuana to a
qualified patient(s) or when accompanying a qualified patient(s).
c. An owner or an employee of a medical marijuana facility shall be allowed to
possess any amount of marijuana allowed by state law within the enclosed
building licensed as such, or when delivering directly to the residence of a
qualified patient, the residence of a primary caregiver of a qualified patient,
or another medical marijuana facility.
i. The term `directly' shall mean the shortest possible practicable
route from the medical marijuana facility to the permitted destination
or destinations, without any voluntary detours or additional stops.
B. Possession of drug paraphernalia related to medical marijuana.
a. A qualified patient in possession of a valid qualified patient identification
card shall be allowed to possess drug paraphernalia for the purposes of
administering marijuana.
b. A qualified patient or a primary caregiver of a qualified patient with a valid
medical marijuana cultivation card shall be allowed to possess drug
paraphernalia for the purposes of cultivating marijuana.
C. Failure to produce medical marijuana identification card.
a. Any person who in possession of medical marijuana shall, immediately
upon the request of any law enforcement officer, produce a valid
identification card which allows such possession. Any person who fails to
immediately produce such an identification card upon request shall be
guilty of the offense of failure to produce a medical marijuana identification
card.
b. It shall be illegal for any person to possess a fraudulent or altered medical
marijuana identification card.
D. Disposal of medical marijuana.
a. No person shall dispose of marijuana or marijuana-Infused products in an
unsecured waste receptacle not in possession and control of a qualifying
patient, primary caregiver, or licensed medical marijuana facility and
designed to prohibit unauthorized access.
E. Residential cultivation.
a. To the extent allowed by State law, marijuana for medicinal purposes may
be cultivated in a residential structure, provided:
i. The structure is the primary residence of a primary caregiver or
qualifying patient and the marijuana is grown solely for the use of
the qualifying patient who resides there or who is under the care of
the primary caretaker.
ii. The residence has operating systems to assure that the emission of
fumes or vapors connected with the cultivation are not allowed out
of the building, or if the residence is in a multifamily building, that
such fumes and vapors are not allowed into any other residence.
iii. The cultivation must comply with the security and other
requirements of state law and the rules of the Department of Health
and Senior Services.
iv. The resident has notified the City Clerk, including providing proof of
eligibility, on a form provided by the City Clerk, so that law
enforcement and code officials will be aware that the cultivation is
lawfully taking place.
F. Residential and nonpublic consumption. Qualifying patients may administer
medical marijuana in their private residence, or in the residence of another with
permission, or any nonpublic place described in $ 18-230, but may not administer
marijuana in such a manner that marijuana smoke or odor exits the residence or
nonpublic place. In a multifamily or similar dwelling, medical marijuana may not
be administered in any common area.
G. Public Places. No person shall administer medical marijuana in a public place.
H. Public Nuisances
a. The smell or noxious odor emitted from smoking, consumption, or
cultivation of marijuana by a person possessing a valid state -issued
license shall be treated as a public nuisance. Any odors emitted from
cultivating or consuming marijuana shall be treated as a public nuisance.
It shall be unlawful for any person or entity to cultivate marijuana in such a manner that
constitutes a public nuisance. A public nuisance may be deemed to exist if cultivating
marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to
public health, safety, or welfare, or interferes with the reasonable enjoyment of life and
property.
Sec. 18-284. Transportation of Medical Marijuana.
1. Medical marijuana shall not be carried in public except:
a. In the original unopened package if purchased from a licensed dispensary,
or
b. In an unopened container with the original packaging, if purchased from a
licensed dispensary, or
c. In a sealed container with the name of the cultivator if produced by home
cultivation.
2. No medical marijuana shall be transported in the passenger compartment of any
vehicle within reach of the driver or any passenger unless
a. in an unopened package from a licensed dispensary; or
b. in a locked compartment
3. Subsections 1 and 2 of this section shall not apply to the transportation of
medical marijuana by a licensed medical marijuana transportation facility or its
employees in the course of their duties.
Section 2. Should any section, sentence, or clause of this Ordinance be declared invalid or
unconstitutional, such declaration shall not affect the validity of the remaining sections,
sentences, or clauses.
Section 3. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: Approved:
Presiding Officer Carrie Tergin, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
BILL NO. 19 -
SPONSORED BY COUNCILMAN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17,
LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS RELATED TO
MEDICAL MARIJUANA FACILITIES
AN ORDINANCE
WHEREAS, on November 6, 2018, the voters of the State of Missouri approved Amendment 2
to the Constitution of the State of Missouri which legalizes medical marijuana within the State;
and
WHEREAS, the Department of Health and Senior Services, serving as the administrator of the
medical marijuana program, has developed regulations allowing for the legal use of marijuana,
an otherwise federally illegal activity; and
WHEREAS, the City Council believes it is necessary to add provisions to its Code of
Ordinances to allow for the licensing and regulation of medical marijuana facilities in accordance
with state regulations; and
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 17 (Licenses, Taxation and Miscellaneous Business Regulations) is
hereby amended by adding a new Article XV, to read as follows:
ARTICLE XV. MEDICAL MARIJUANA FACILITIES
Section 17-400. Definitions
The terms `Administer,' `Marijuana,' `Marijuana Infused Products,' `Medical marijuana
cultivation facility,' `Medical marijuana dispensary facility,' `Medical marijuana -infused
products manufacturing facility,' `Medical marijuana testing facility,' `Medical use,'
`Primary caregiver' and `Qualifying patient,' shall have the definition set forth in Article
XVI Section 1 of the Missouri Constitution.
Identification card. A document, whether in paper or electronic format, issued by the
Missouri Department of Health and Senior Services, or its successor agency, that
authorizes a qualifying patient, primary caregiver, or employee or contractor of a
licensed medical marijuana facility to access medical marijuana as provided by law, or a
similar card issued by another state.
Medical marijuana facility. Either a `Medical marijuana cultivation facility,' `Medical
marijuana dispensary facility,' `Medical marijuana -infused products manufacturing
facility,' or a `Medical marijuana testing facility,' as defined in Article XVI Section 1 of the
Missouri Constitution, or a `medical marijuana transportation facility' as defined in
Chapter 35, the Zoning Code.
Public place. Any public or private property, or portion of public or private property, that
is open to the general public, including, but not limited to, sidewalks, streets, bridges,
parks, schools, and businesses. However, for purposes of designating a nonpublic place
within a public place, the owner or entity with control of any such property may, but is
not required to, provide one (1) or more enclosed, private spaces where one (1)
qualifying patient and, if required by the owner or entity with control of any such
property, a representative of such owner or entity, may congregate for the qualifying
patient to consume medical marijuana. The qualifying patient may be accompanied by
the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the
qualifying patient's physician. The owner or entity with control of any such property may
provide such a space by individual request or designate such a space for ongoing use
and may limit the use of medical marijuana in that space to uses that do not produce
smoke. Any such permission shall be given in writing and provided to the qualifying
patient or publicly posted prior to a qualifying patient's use of medical marijuana in that
space. Nothing herein shall allow conduct in violation of Chapter 15, Article III, the
Jefferson City Clean Indoor Air Ordinance.
Section 17-401. Business License Required.
A. All medical marijuana facilities shall be required to have a city business license as
required in this Chapter 17, but shall not be required to have any other city -issued
license. The cost of such license shall be $350.
B. Medical marijuana facilities shall be required to be properly licensed and/or
certified by the Missouri Department of Health and Senior Services as required by 19
CSR 30-95. Each medical marijuana facility in operation shall obtain a separate license,
but multiple licenses may be utilized in a single location. All licenses shall be displayed
at all times within twenty (20) feet of the main entrance to the medical marijuana facility.
Continued maintenance of all necessary state licenses and/or certificates shall be a
condition of a medical marijuana facility's city business license. Licenses and
certification for medical marijuana facilities suspended or revoked by the State of
Missouri will also be suspended or revoked by the City Administrator.
Section 17-402 Operation of Medical Marijuana Facilities
A. Prohibited hours of sale. Medical marijuana dispensary facilities shall not be
open to the public or make any sales between the hours of 7 p.m. and 6 a.m.
B. Unauthorized marijuana prohibited on premises. It shall be unlawful for any
marijuana other than expressly authorized to be cultivated or sold in
accordance with the regulations issued by the Department of Health and
Senior Services. .
C. Sales by certain persons restricted. It shall be unlawful for medical marijuana to
be sold by any individual other than those licensed through the State of
Missouri.
D. Purchases by unlicensed persons. It shall be unlawful for any individual who
does not possess and produce a patient identification card or primary
caregiver identification card to purchase, attempt to purchase, or have in his
possession any amount of medical marijuana.
E. Sale to unlicensed persons. It shall be unlawful to sell or attempt to sell medical
marijuana to any individual who does not possess and produce a patient
identification card or primary caregiver identification card.
F. Use of property for unlawful purposes. It shall be unlawful for any person to own,
operate, lease, occupy, or control any building, car, shed, room, basement,
structure, tent, or booth and knowingly permit medical marijuana to be
unlawfully manufactured, sold, stored, kept, or consumed therein or thereon.
G. Regulation of sale in original packages. Any marijuana or marijuana -infused
products packaged for retail sale must be packaged and sold in accordance
with the rules and regulations issued by the Department of Health and Senior
Services.
H. Unauthorized extraction. It shall be unlawful for any person to extract resins from
marijuana using dangerous materials or combustible gases without a medical
marijuana -infused products manufacturing facility license issued by the
Department of Health and Senior Services.
I. Use of medical marijuana at a licensed dispensary facility prohibited. The
consumption, inhalation, or other personal use of marijuana or other medical
marijuana -infused products on or within the premises of a medical marijuana
dispensary facility is prohibited, nor shall the licensee permit such
consumption.
J. Security plan. All medical marijuana facilities shall provide adequate security on
the premises in accordance with the regulations issued by the State of
Missouri, including, but not limited to the following:
a. Security video shall be preserved for at least ninety (90) days and be made
available to law enforcement officers upon demand.
b. A method of immediate, automatic notification to alert local law
enforcement agencies of an unauthorized breach of security at the facility.
c. Professionally monitored robbery alarm and burglar alarm systems shall be
installed and maintained in good working condition within the facility at all
times with the capability of alerting local law enforcement agencies
immediately of an unauthorized breach of security at the facility. Each
facility shall provide the chief of police with the name and telephone
number of the designated on-call facility personnel to respond to any
alarms.
d. Each facility shall provide the chief of police with the name, telephone
number, electronic mail address, and facsimile number of an on-site facility
employee to whom the City may provide notice of any operating problems
associated with the facility. It shall be the responsibility of the licensee to
keep up to date the contact information of the facility employee.
e. Each facility shall provide policies for keeping local law enforcement
updated on whether the facility employs armed security personnel and how
law enforcement can identify such personnel on-site. It shall be the
responsibility of the licensee to inform the Police Chief of any changes to
this policy.
f. Each facility shall provide a method to allow the police department real-
time remote access to the security video system as required by 19 CSR
95.040(4)(H)(C)III.
K. Permanent location required. Each medical marijuana dispensary shall be
operated from a permanent and fixed location. No medical marijuana
dispensary shall be permitted to operate from a moveable, mobile, or
transitory location. This subsection shall not prevent the physical delivery or
medical marijuana to a qualifying patient or primary caregiver at a location off
of the premises of the licensee's medical marijuana dispensary, to the extent
so permitted by law.
L. Odors. No medical marijuana facility shall emit any odor of marijuana which is
capable of being smelled by a person of ordinary senses outside of the
boundary of the lot upon with the medical marijuana facility is located.
M. Minimum Age. No person under the age of eighteen years old shall be allowed
into a medical marijuana dispensary; except that a qualifying patient who is
under the age of eighteen years but who has been emancipated by a court
order and a qualifying patient under the age of eighteen years when
accompanied by the qualifying patient's parent or guardian.
N. Sale of accessories. Devices, contrivances, instruments, and paraphernalia for
inhaling or otherwise consuming marijuana including, but not limited to,
rolling papers and related tools, water pipes, and vaporizers may lawfully be
sold at a medical marijuana dispensary. Such items may be sold or provided
only to qualifying patients or primary caregivers.
Section 2. Should any section, sentence, or clause of this Ordinance be declared invalid or
unconstitutional, such declaration shall not affect the validity of the remaining sections,
sentences, or clauses.
Section 3. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: Approved:
Presiding Officer Carrie Tergin, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor