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Home My Public Portal AboutORD15975BILL NO. 2019-072 SPONSORED BY Councilman Graham ORDINANCE NO. 156) 75 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17, LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS RELATED TO MEDICAL MARIJUANA FACILITIES. 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 City Code of Ordinances to allow for the licensing and regulation of medical marijuana facilities in accordance with state regulations. NOW, THEREFORE, 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. 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 ca regivers. 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: `' WI/YAW /g) 2Q F Presiding Officer ATTEST: ' ' City Clerk Approved: ,/9'l/N, (q( Carrie Tergin, Mayor (erfr\ APPROVED AS TO FORM: