HomeMy WebLinkAboutMedical Marijuana Ordinance 1869 Supplemental material for 07-08-13 meetingSupplemental Staff Memorandum: Provisional Adoption of Ordinance 1869 Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney
SUBJECT: Supplemental Memorandum for Provisional Adoption of Ordinance
1869 Amending Bozeman Municipal Code (BMC) Chapter 16, Article 8 (Medical Marijuana) Relating to the Number of Licensed Medical Marijuana Storefront Businesses and Other General
Amendments.
MEETING DATE: July 8, 2013
AGENDA ITEM TYPE: Action.
RECOMMENDATION: None different than provided by Chief Price except require additional amendments reflective of the discussion below and direct staff to initiate zone text amendments
to 38.22.020, UDC (specific development standards related medical marijuana).
RECOMMENDED MOTION: I move to provisionally adopt Ordinance 1869 establishing a
cap of twenty on medical marijuana storefront businesses, removing the automatic annual repeal for the number of storefront licenses, and generally amending the municipal code to comply with
the enacted changes to the Montana Marijuana Act including the revisions to Chapters 12 and 34,
BMC, as presented by the City Attorney in his supplemental memorandum and also to direct the
Department of Community Development to initiate text amendments to 38.22.220, BMC (zoning
standards for marijuana activities) to reflect changes in statutory references.
BACKGROUND: This memorandum supplements the memorandum provided by Chief
Price for this agenda item. I overlooked the effect of adoption of Ordinance 1869 on other
provisions in the municipal code. As such, below is a list of other sections in the municipal code
that should be amended to ensure all municipal code provisions regulating activities authorized under the Montana Marijuana Act are consistent. The title for this Ordinance is sufficiently broad
to authorize including the amendments suggested here. Should the Commission determine to
accept these amendments they will be added to Ordinance 1869 for final adoption.
I. Chapter 12, Article 1, BMC (Business Licensing): This chapter contains provisions related to general business licensing. In 2010, upon adoption of municipal code
provisions related to medical marijuana, the City adopted several provisions in this article
related to business licensing that work in conjunction with the marijuana provisions in
Chpt. 16. These sections should also be amended. These include:
Supplemental Staff Memorandum: Provisional Adoption of Ordinance 1869 Page 2 of 2
a. 12.01.010.7 and .8 (definitions): amendments to reflect changes in statutory
references;
b. 12.02.010 (fee schedule): amendments to reflect changes in statutory references;
and c. 12.02.040 (exemptions from permitting requirements): amendment to reflect changes in statutory references.
II. Chapter 34, Article 7 BMC (Advertisement Space on Municipal Property): In 2010,
when the City adopted provisions regarding advertising on municipal property, the city listed “Advertisements that portray or depict any activities, products, or services related to medical marijuana” as a prohibited type of advertisement. The amendment here will be
to reflect the change in state law terminology by removing the term “medical.” From this
phrase.
UNRESOLVED ISSUES: In addition to those recognized by Chief Price in his memorandum, Chapter 38, Article 22, BMC (Standards for Specific Uses) contains a section regarding
medical marijuana operations. This section should also be amended to reflect statutory changes.
Because zone text amendments can be initiated by the City Commission (38.36.010, BMC1) I
added a phrase in the recommended motion to direct staff to initiate a text amendment to this section for review by the zoning commission.
ALTERNATIVES: None other than what was previously identified.
Report compiled on: July 8, 2013
1 Sec. 38.36.010. Initiation of amendments and changes.
A. The city commission may, from time to time, amend, supplement or change this chapter and the regulations appertaining thereto. An
amendment, supplement or change may be initiated by the city commission, city manager, zoning commission, planning board or upon petition
from an owner of property within the city.
B. The city commission, planning board or zoning commission may upon a vote of a majority of its members direct the initiation of an
amendment to this chapter and the regulations appertaining thereto. When one of these bodies initiates an amendment, the application shall be
signed by the mayor, president of the planning board or chair of the zoning commission as applicable.
C. Whenever any person or entity allowed to initiate an amendment desires a change in regulations, they may file with the planning department,
on forms provided by the city for this purpose, an application duly signed and notarized by that person or authorized representative of that entity
requesting an amendment or change of regulations.
1. When the application initiated by an owner of property, bearing the property owners signature, is filed with the department it shall
contain or be accompanied by:
a. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the
commission for that purpose so as to ensure the fullest practicable presentation of facts for the permanent record; and
b. A notarized statement by at least one of the owners of property within the area subject to the proposed changes attesting
to the truth and correctness of all facts and information presented with the petition.
(Ord. No. 1645, § 18.68.010, 8-15-2005; Ord. No. 1769, exh. M(18.68.010), 12-28-2009)