The following regulations apply to all marijuana facilities and medical marijuana facilities:

(1)

No new medical facility or marijuana facility shall be initially sited within 750 feet of any then-existing elementary or secondary school, child daycare center, or church or within 150 feet of any building containing a residential unit or single family home.

In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church 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, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church 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, daycare, or church closest in proximity to the facility.

Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

For purposes of this section,

1.

A "daycare" means a child-care facility, as defined by RSMo 210.201, or its successor provisions, that is licensed by the state of Missouri.

2.

A "elementary or secondary school" means any public school as defined in RSMo 160.011, or any private school giving instruction in a grade or grades not higher than the 12 ^th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.

3.

A "church" means a permanent building primarily and regularly used as a place of religious worship.

4.

"Then existing" means any school, daycare, 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. All medical marijuana facilities' and marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.

(3)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility or marijuana facility.

(4)

Hours of operation. All medical marijuana facilities and 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 7:00 a.m.

(5)

Residential dwelling units prohibited. No medical marijuana facility or marijuana facility shall be located in a building that contains a residence.

(6)

Ventilation required. All medical marijuana facilities and 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 on which the facility is located.

(7)

Security requirements. All medical marijuana facilities and marijuana facilities shall comply with all security requirements set forth and approved by the department of health and senior services and set forth in Article XIV of the Missouri Constitution.

(8)

Signage (outside/inside). All signs must comply with the requirements set forth and approved by the Department of Health and Senior Services. A sign master plan shall be submitted and approved by city staff in accordance with chapter 1600-signs.

(9)

Occupancy inspection required. All new medical marijuana facilities and marijuana facilities shall obtain a certificate of occupancy prior to operation.

(10)

Lighting (indoor/outdoor). All lighting shall be energy efficient (LED) and in accordance with chapter 181-outdoor lighting.

(Ord. No. 4.487, § 3, 8-12-2019; Ord. No. 4.653, § 2, 10-23-2023)