The purpose of this section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City of Crestwood.
General requirements.
1. No medical facility, marijuana facility, or marijuana testing facility shall be operated within the City of Crestwood without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana, marijuana-infused products, marijuana-infused preroll, or preroll shall be acquired, certified, conveyed with or without consideration, cultivated, delivered, dispensed, distributed, manufactured, processed, sold, stored, tested, or transported within the City of Crestwood, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services. All medical facilities, marijuana facilities, and marijuana testing facilities shall prominently display said license in a highly visible location, easily seen by patients on the dispensary's sales floor.
2. No person under the age of twenty-one (21) shall possess or consume marijuana or marijuana-infused products in the City of Crestwood unless such person is a qualifying patient under Article XIV of the Missouri Constitution. No marijuana, marijuana-infused product, preroll, or infused preroll may be smoked, ingested, or consumed in a public place, except those areas specifically designated by the owner or person/entity in control of such premises as being permitted for the smoking, ingestion, or consumption of marijuana or marijuana-infused products, preroll, or infused preroll, and where such smoking, ingestion, or consumption is otherwise lawful under Missouri law. No marijuana may be smoked in any place in which smoking tobacco is prohibited.
3. A medical facility, marijuana facility, or marijuana testing facility shall be operated in the manner provided by Article XIV, of the Missouri Constitution, regulations promulgated by the Missouri Department of Health and Senior Services, applicable State Statutes, and this section, including, but not limited to, those restrictions set forth in Article XIV, of the Missouri Constitution, Section 2.9(3) - (12), regarding packaging, marketing, display of products, security, and extraction. Failure to comply with any such restrictions required by Article XIV of the Missouri Constitution may result in reporting to DHSS, revocation of the entity's business license, and/or revocation of the entity's conditional use permit.
4. Medical facilities, marijuana facilities, and marijuana testing facilities shall annually obtain a business license from the City as required by Chapter
13 of this Code, and shall annually pay the applicable taxes and fees required by Chapter
13 of this Code.
5. Any person who violates this section is guilty of an offense and shall be assessed a penalty in accordance with Section
1-6 of this Code. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this section. In addition to any other remedies, the City Attorney may institute an action for an injunction, mandamus or other appropriate action or proceeding to prevent violation of this section. Additionally, the City may notify appropriate officials at the Missouri Department of Health and Senior Services, or other law enforcement agencies, of violations of this section.
District regulations, conditional use permit required.
Licensed comprehensive marijuana dispensary facilities, microbusiness dispensary facilities, and medical marijuana dispensary facilities shall be permitted as a conditional uses in properties zoned C-1 or PD-C. Licensed comprehensive marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, microbusiness wholesale facilities, medical marijuana cultivation facilities, medical marijuana-infused products manufacturing facilities and marijuana testing facilities shall be permitted as a conditional uses in properties zoned M-1 or PD-M. Marijuana facilities and medical facilities, as defined in Art. XIV, § 1.2(10), of the Missouri Constitution, shall not be permitted in any other zoning district within the City.
No medical facility, marijuana facility, or marijuana testing facility shall be initially sited within 500 feet of any then-existing elementary or secondary school, child day-care center, or church. Distances shall be measured in the manner described in Art. XIV, §§ 1.7(10)(a) and 2.5(4) of the Missouri Constitution.
No medical facility, marijuana facility, or marijuana testing facility shall be located on the same premises as a physician's office.
All marijuana sales, distribution, manufacturing, cultivation and testing facilities are subject to the following restrictions relating to hours of operation.
a. All sales or distribution of marijuana, marijuana-infused products, infused preroll, preroll and any other products sold to the public through a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility, shall take place between the hours of 8:00 a.m. and 9:00 p.m., Sunday through Saturday. Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, or microbusiness dispensary facilities shall be secured and closed to the public after the hours listed in this subsection, and no persons not employed by the marijuana dispensary may be present in such a facility at any time it is closed to the public.
b. All medical marijuana-infused products manufacturing facilities, medical marijuana cultivation facilities, comprehensive marijuana-infused products manufacturing facilities, comprehensive marijuana cultivation facilities, microbusiness wholesale facilities, and marijuana testing facilities shall be closed to the public between the hours of 7:00 p.m. and 7:00 a.m. No persons not employed by the business shall be on the premises at any time.
All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure. No outdoor storage shall be permitted on the property.
The review procedure for an application for a conditional use permit under this section shall be in the manner set forth in Section
26-11 of this Code. The Board of Aldermen may impose such restrictions on the time, place, and manner of operation of such facilities as it deems appropriate for the protection of public health, safety, and welfare, and to ensure compliance with the Missouri Constitution, applicable statutes and regulations, and this section.
A separate conditional use permit shall be required for each premises used for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, comprehensive marijuana-infused products manufacturing facility, microbusiness dispensary facility, microbusiness wholesale facility, or a marijuana testing facility. No two medical marijuana cultivation facilities, medical marijuana dispensary facilities, medical marijuana-infused products manufacturing facilities, comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facilities, comprehensive marijuana-infused products manufacturing facilities, microbusiness dispensary facilities, microbusiness wholesale facilities, or marijuana testing facilities may be located within the same premises, except that a medical marijuana dispensary facility and a medical marijuana cultivation facility may be located on the same premises if both businesses are owned by the same entity. A comprehensive marijuana dispensary facility and a comprehensive marijuana cultivation facility or a comprehensive marijuana-infused products manufacturing facility may be located on the same premises if both businesses are owned by the same entity. A microbusiness marijuana dispensary facility and a microbusiness wholesale facility may be located on the same premises if both businesses are owned by the same entity.
A conditional use permit for a medical facility, marijuana facility, or marijuana testing facility is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business, or to a different owner or licensee, without the permission of the Board of Aldermen. A conditional use permit for a medical facility, marijuana facility, or marijuana testing facility is valid only for the owner(s) named thereon, the type of facility for which a conditional use permit has been granted, and the location for which the permit is issued.
An application for a conditional use permit for a medical facility, marijuana facility, or marijuana testing facility shall be filed with the Department of Public Services, with an application fee in an amount established by the Board of Aldermen. The Department of Public Services may provide forms to applicants for that purpose.
Signs.
1. A sign for a medical facility, marijuana facility, or marijuana testing facility shall comply with the requirements of Article
VII (Sign Regulations) of this chapter, or any ordinance enacted hereafter regulating signs.
2. A sign for a medical facility, marijuana facility, or marijuana testing facility shall be located on the same premises as the facility.