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St Clair City Zoning Code

ARTICLE XIX

MEDICAL MARIJUANA USES

Section A. - Medical marijuana dispensary facilities (C-2 & C-3 districts only).

(1)

State license required. All medical marijuana dispensary facilities must have the appropriate license and any other required authorization to operate the medical marijuana dispensary from the Missouri Department of Health and Senior Services to operate in the city. Applicant may seek zoning approval prior to being granted a state license, but no final approval shall be given until such state issued license has been obtained and satisfactory proof of such licensure has been provided to the city. Continued operation in the city shall always require such state licensure to remain valid.

(2)

Outdoor operations and storage. No outdoor operations or storage shall be allowed.

(3)

Odor control and nuisance. Every medical marijuana dispensary facility shall have and maintain an odor control system at least as stringent as that which is required by state regulations and shall at all times operate in such a way as to no create, engage in, or maintain a nuisance as defined in the City Code and Missouri law.

(4)

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

(5)

Hours of operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary facility shall take place between the hours of 9:00 a.m. and 10:00 p.m. Monday - Thursday and Sunday, and from 9:00 a.m. and 1:00 a.m. Friday and Saturday.

(6)

Security. Medical marijuana dispensary facilities shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the medical marijuana dispensary may be present in such facility at any time closed to the public. Medical marijuana dispensary facilities shall have and maintain security systems, equipment, personnel, and procedures at least as stringent as those which are required by state regulations and shall provide proof of such compliance during the site plan review process.

(7)

Display of license required. The medical marijuana dispensary facility license issued by the State of Missouri and any and all licenses issued by the City of St. Clair shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.

(8)

Site plan submission, review, and approval required. No medical marijuana dispensary facility shall be allowed unless the applicant submits and has approved a site plan pursuant to Article VII, Section R of the Zoning Code of the City of St. Clair.

(9)

Additional Requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Code of the City of St. Clair, all other Code Sections of the City of St. Clair, including, but not limited to the Building Code, the Licenses and Business Code, the Health and Sanitation Code, and the Offenses Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services regulating Medical Marijuana, including, but not limited to security requirements, lighting, parking, record maintenance and retention and patient verification requirements.

(10)

Transportation certification. Any medical marijuana dispensary facility that also holds and maintains certification from the Missouri Department of Health and Senior Services as a Medical Marijuana Transportation Facility may still locate in the relevant "C," Commercial District so long as the medical marijuana dispensary facility state license remains valid. Any entity that solely holds and maintains a Medical marijuana transportation facility certification must locate in the district(s) provided for non-retail medical marijuana facilities.

Section B. - Non-retail medical marijuana facilities (medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities, medical marijuana testing facilities, and medical marijuana transportation facilities) (I-1 and I-2 districts only).

(1)

State license required. All non-retail medical marijuana facilities must have the appropriate license and any other required authorization to operate the non-retail medical marijuana facility from the Missouri Department of Health and Senior Services to operate in the city. Applicant may seek zoning approval prior to being granted a state license, but no final approval shall be given until such state issued license has been obtained and satisfactory proof of such licensure has been provided to the city. Continued operation in the city shall always require such state licensure to remain valid.

(2)

Outdoor operations and storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area within the building structure, or if allowed by state regulations, outdoors on the property in an area enclosed by a fence meeting all requirements of Article VII, Section N of the Zoning Code of the City of St. Clair.

(3)

Odor control and nuisance. Every non-retail medical marijuana facility shall have and maintain an odor control system at least as stringent as that which is required by state regulations and shall at all times operate in such a way as to no create, engage in, or maintain a nuisance as defined in the City Code and Missouri law.

(4)

Onsite usage prohibited. No marijuana may be smoked, ingested, consumed, or otherwise administered on the premises of any non-retail medical marijuana facility except, in a medical marijuana testing facility when being administered for testing purposes as and only to the extent authorized by the State of Missouri Department of Health and Senior Services.

(5)

Hours of operation. All non-retail medical 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 business shall be on the premises at any time closed to the public, nor at any time while open to the public without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.

(6)

Security. Non-retail medical marijuana facilities shall have and maintain security systems, equipment, personnel, and procedures at least as stringent as those which are required by state regulations and shall provide proof of such compliance during the site plan review process.

(7)

Display of license required. The non-retail medical marijuana facility license issued by the State of Missouri and any and all licenses issued by the City of St. Clair shall be displayed in a prominent place in plain view near the front entrance of the facility as required by state regulations.

(8)

Site plan submission, review, and approval required. No non-retail medical marijuana facility shall be allowed unless the applicant submits and has approved a site plan pursuant to Article VII, Section R of the Zoning Code of the City of St. Clair.

(9)

Accreditation, standards, and procedures—Testing facilities. Every medical marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by state regulations, and utilize standards and procedures for personnel and for testing medical marijuana in all forms which are at least as stringent as those required by state regulations.

(10)

Additional requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Code of the City of St. Clair, all other Code Sections of the City of St. Clair, including, but not limited to the Building Code, the Licenses and Business Code, the Health and Sanitation Code, and the Offenses Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services regulating Medical Marijuana, including, but not limited to security requirements, lighting, parking, record maintenance and retention and patient verification requirements.

(Ord. No. 1970, § 8, 6-17-19)