HomeMy WebLinkAboutOrdinance 12- 1834 amending Section 16.08.160 BMC, Number of Medical Marijuana Storefront Businesses CJ
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ORDINANCE NO. 1834
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA
AMENDING SECTION 16.08.160, BOZEMAN MUNICIPAL CODE RELATED TO THE
NUMBER OF MEDICAL MARIJUANA STOREFRONT BUSINESSES AUTHORIZED TO
CONDUCT BUSINESS WITHIN THE CITY OF BOZEMAN.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section I
That Section 16.08.160.A.2, BMC, shall be amended to read as follows:
Sec. 16.08.160.-License; application; fee; change; confidentiality.
A. Business licenses.
I. 1n addition to complying with the requirements of MCA tit. 50, ch. 46, and section
16.08.150.E, any individual or entity desiring to conduct any transaction, use, or business
regarding medical marijuana within the City of Bozeman must first submit and obtain approval
for an application for a business license under this chapter from the director of finance and pay
the fec(s) for such license(s) as established by this Code. An activity where a duly licensed
medical doctor engages in the review of a person's medical condition for purposes of
recommending medical marijuana and who does not provide medical marijuana to a qualifying
patient is not subject to these licensing requirements but may be subject to other requirements of
this Code.
2. There shall be the following types of business licenses related to medical marijuana
activities conducted in the city regardless of whether the medical marijuana is sold, bartered,
exchanged, or gifted:
a. Storefront/retail locations. Any person or entity that provides a location other than the
residence of the person's or entity's qualifying patient where a transaction or use related to
medical marijuana is engaged in for more than three qualifying patients registered by the
state to the applicant or the applicant's employees or agents shall, prior to engaging in such
transaction or use, obtain a medical marijuana storefront license. As of August 25, 2012, the
maximum number of medical marijuana storefront Iicenses shall be 20. The limitation on the
maximum number of licenses under this subsection shall repeal automatically one year after
the effective date of the ordinance from which this division is derived.
Provisional Adoption ORDINANCE No.1834 Regarding Medical Marijuana
Page l of 4
b. Delivery. Any person or entity that delivers medical marijuana within the city to more
than three qualifying patients or another entity regardless of whether the medical marijuana
is sold, bartered, exchanged, or gifted shall prior to engaging in such activity obtain a
medical marijuana delivery license.
C. Growing andlor processing. Any person or entity that operates a facility for the
purpose of growing and/or processing medical marijuana shall prior to engaging in such
activity obtain a medical marijuana grow license.
A person or entity desiring to engage in an activity related to medical marijuana must obtain
a separate license for each activity described in this subsection A.2 except a person or entity
obtaining a medical marijuana storefront license may also under said license deliver medical
marijuana from that location without obtaining a separate medical marijuana delivery
license.
Section z
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
Section 3
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments that
were incurred, or proceedings that began before the effective date of this ordinance except any
application for a city zoning or business license not approved as of the effective date of this ordinance
must comply with the terms of this ordinance prior to approval.
Section 4
Codification Instruction.
The provisions of Sections 1 shall be codified as appropriate in Chapter 16, Article 4 of the
Bozeman Municipal Code, as amended.
Section 5
Provisional Adoption ORDINANCE NO.I534 Regarding Medical Marijuana
Page 2 of 4
Effective Date.
The effective date of this ordinance is 30 days after passage on final reading.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first
reading at a regular session held on the 91h day of July, 2012,
SEAN A. BECKER
Mayor
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Provisional Adoption ORDINANCE NO.1834 Regarding Medical Marijuana
Page 3 of 4
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on initial reading
at a regular session held on the 23rd day of July, 2012.
ZSiEAN A. BECKER
Mayor
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APPROVED AS TO FORM:
SULLIVAN
City Attorney
Provisional Adoption ORDINANCE NO.1834 Regarding Medical Marijuana
Page 4 of 4