HomeMy WebLinkAboutFinally Adopt Ordinance 1869, Amending Ch. 16, Art. 8 BMC, Medical Marijuana1
Staff Report: Final Adoption of Ordinance 1869 Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Price, Chief of Police
SUBJECT: Final 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 22, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Final adoption of Ordinance No. 1869. BACKGROUND: The Commission previously considered this issue on July 8, 2013 and
provisionally adopted this ordinance upon the following motions:
Main Motion: It was move by Cr. Taylor, seconded by Deputy Mayor Krauss to provisionally adopt Ordinance 1869 as amended 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 (language) 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. The motion passed 5-0.
• Amendment: It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to amend the motion adding the word language: “…generally amending the municipal code language to comply…” The motion passed 5-0.
The version of the ordinance provided as an attachment to this staff memorandum reflects the
motions as made above. You will see all the changes made reflected in the attached ordinance in yellow highlights.
For further background related to the ordinance we have provided as an attachment the staff
memorandums from the July 8, 2013 hearing on provisional adoption.
We will provide a clean copy of the Ordinance (without the highlighted sections but showing all applicable changes) to the Clerk for the Mayor’s signature.
ALTERNATIVES: As suggested by the City Commission.
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Staff Report: Final Adoption of Ordinance 1869 Page 2 of 2
FISCAL EFFECTS: None directly related to the adoption of this ordinance.
UNRESOLVED ISSUES: None identified.
Attachments:
• Ordinance No. 1869, Final Adoption (showing staff suggested changes).
• Staff Memorandums (2) from July 8, 2013, action item on provisional adoption. Report compiled on: July 11, 2013.
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ORDINANCE NO. 1869
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 16, ARTICLE 8, BOZEMAN MUNICIPAL CODE RELATED TO THE NUMBER OF MEDICAL MARIJUANA STOREFRONT
BUSINESSES AND OTHER GENERAL AMENDMENTS INCLUDING AMENDMENTS
TO CHAPTER 12, ARTICLE 1, BMC AND CHAPTER 34, ARTICLE 7, BMC.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
Section 1
That Division 2 (Sales) of Chapter 16, Article 8, BMC, shall be amended to read as follows:
Sec. 16.08.150. Applicability; failure to maintain state authorization.
A. For purposes of this division, the definitions, words, phrases, and expressions as set forth in
this division are to be construed the same as those set forth in the Montana Medical Marijuana Act (MCA 50-46-101 301 et seq.).
B. Any individual or entity licensed under this division to conduct any transaction, use or
business involving medical marijuana, in addition to the requirements of this division, is
subject to all other requirements of this Code, and the Montana Medical Marijuana Act and
any limits on possession, clean air, etc. and any applicable administrative rules established by the State. Should such rules or laws change, any person or entity licensed under this
division shall immediately come into compliance with any newly adopted rules.
C. Notwithstanding the above, nothing in this Code shall be construed to authorize any person
or entity to perform any act or conduct any enterprise not in conformance with state or
federal law.
D. Compliance with this Code does not shield any person, corporation, or other legal entity
from the requirements of, or enforcement by, other governing entities, or from civil
liabilities.
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E. Each individual or entity issued a license under this division shall at all times maintain
authorization from the State of Montana under the Montana Medical Marijuana Act to acquire, possess, cultivate, manufacture, deliver, transfer, or transport medical marijuana. Failure to maintain authorization under the Medical Montana Marijuana Act shall be cause
for immediate suspension of a license issued under this division and may be cause for
revocation or cause for criminal prosecution as provided by law.
Sec. 16.08.160. License; application; fee; change; confidentiality.
A. Business licenses.
1. In 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 the use of 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 administrative services and pay the fee(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 under the Montana Marijuana Act and who does not provide medical
marijuana to a qualifying patient registered cardholder, as defined in the Montana Marijuana Act, 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 pursuant to the Montana Marijuana Act 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 registered cardholder
where a transaction or use related to medical marijuana is engaged in for more than
three qualifying patients cardholders 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 licenses 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.
b. Delivery. Any person or entity that delivers medical marijuana within the city to more than three qualifying patients registered cardholders 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 and/or processing. Any person or entity that operates a facility for the purpose of growing and/or processing medical marijuana as authorized under the Montana Marijuana Act shall prior to engaging in such activity obtain a medical
marijuana grow license.
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A person or entity desiring to engage in an activity related to medical marijuana
pursuant to the Montana Marijuana Act 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.
B. Application information. An application under this division, in addition to the requirements
of Chapter 12 of this code, section 12.02.060, shall include the following:
1. The name of all owners/principals of the business as applicable and the name of all agents, contractors or employees, if any;
2. Documentation demonstrating the applicant and all owners/principals, agents,
contractors or employees, as applicable, that may be involved in transactions regarding
medical marijuana within the city are registered with the state under the Montana Medical Marijuana Act (MCA 50-46-101 301 et seq.), and are duly authorized by state
law to acquire, possess, cultivate, manufacture, deliver, transfer, or transport medical
marijuana;
3. A sworn statement signed by the applicant verifying the number of qualifying patients
registered cardholders which name the applicant and any other owner/principal, agent, contractor, or employee of the applicant as the qualifying patient's cardholder’s
caregiver provider. The number of qualifying patients registered cardholders to be
included in the sworn statement shall include all patients cardholders who may be
registered with a caregiver provider acting as an agent, contractor, employee or
owner/principal of the applicant;
4. A statement addressing how the applicant will comply with the security requirement
provisions of section 16.08.180; and
5. Each applicant for a business license shall provide a detailed statement regarding the
nature of activities related to medical marijuana for which the applicant is engaged in
and the specific license for which an application is being submitted.
C. Duty to inform. An individual or entity licensed under this division to conduct a transaction,
use, or business related to medical marijuana must, within the time period described below,
inform the director of administrative services of the occurrence of the following:
1. Every 90 days, any change to the licensed individual or entity's number of registered
qualifying patients cardholders (including those of a principal/owner, agent, contractor, or employee); and/or
2. Every 30 days, a change in the principals of the business or a change of agents,
contractors or employees.
If either of these conditions occur, a new statement under subsection B.3 of this section is
required. Failure to inform the director of administrative services of the changes listed herein within the time periods described above shall be cause for revocation of the license pursuant to
sections 12.02.170 and 12.02.180.
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D. Public document. An application for business license under this division is a public
document except that the names of all agents, employees and/or contractors and the number of qualifying patients registered cardholders provided to the city in fulfillment of the requirements of this division are to be kept on a separate form and are to be considered
confidential by the city unless disclosure is required by law. Nothing herein shall prevent a
duly authorized agent of the city from sharing the information described in this section with
other authorized city employees or other state or local law enforcement as necessary to perform official duties.
E. Nontransferable. A license issued under this division is not transferable and the provisions
of section 12.02.080 shall not apply.
Sec. 16.08.170. Inspection.
In addition to the authorization to inspect under section 12.02.150, as a condition of receiving a business license under this division, a city employee, including city law enforcement, may without notice during normal business hours inspect any premises under license pursuant to
this division to determine whether the licensee is in compliance with the Montana Medical
Marijuana Act (MCA 50-46-101 301 et seq.), or any other state or local regulation, and may
inspect the number of plants or amount of marijuana or usable marijuana on the premises or in control of the licensee to determine whether these amounts correspond to the amounts established by the Montana Medical Marijuana Act, which the licensee is authorized to lawfully
possess.
Sec. 16.08.180. Security requirements.
Prior to issuance of a license under this division, a medical marijuana commercial business
where any amount of marijuana or usable marijuana is stored on the premises beyond normal business hours or where marijuana is grown in any amount shall be secured at all times by a
physical barrier with suitable locks and also by an electronic barrier or alarm that is designed to
detect entry by unauthorized persons at any time. In addition, any marijuana or usable marijuana
grown or stored on the premises after normal business hours shall be kept in a security safe
incorporated into the building's structure or securely attached thereto.
Section 2
That Division 3 (Public Use and Display) of Chapter 16, Article 8, BMC, shall be amended to
read as follows:
Sec. 16.08.300. Purpose and intent.
A. The purpose of this division is to identify acts regarding the medical use of marijuana as
authorized in Title 50, Chapter 46, MCA within the city that are not authorized to be
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conducted in a manner open or visible to the general public. In addition, the purpose of this
division is to identify that acts related to smoking, consuming, or displaying medical marijuana in certain public areas are to be punished as criminal acts and as such shall be subject to criminal penalties. The purpose of establishing these acts where the use is further
limited by the city as criminal is to protect the public's health, safety, and general welfare.
B. It is the intent of this division that the visible or open display, smoking, or consumption of
medical marijuana by registered cardholders is to be confined to private property where that property or portions thereof are not adapted and fitted for public travel or are not in common use by the public.
Sec. 16.08.310. Definitions.
A. The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Marijuana" has the meaning provided in MCA 50-32-101.
2. "Medical marijuana" means the uses of marijuana described in MCA 50-46-102(5).
Other phrases herein such as the "use of medical marijuana" or "the medical use of
marijuana" shall have the same meaning and include the term "usable marijuana."
3 2. "Ways of the city open to the public" means any highway, road, driveway, alley, lane, parking area, sidewalk, park, trail, or other public or private place within the city that is
adapted and fitted for the use of the public and that is in common use by the public.
Sec. 16.08.320. Public display, smoking, or consumption of medical marijuana prohibited.
No person authorized by the Montana Medical Marijuana Act (MCA 50-46-101 301 et seq.)
to acquire, possess, cultivate, manufacture, deliver, transfer, or transport medical marijuana, may, on the ways of the city open to the public, display, smoke, or consume medical marijuana
in an open or visible manner. A violation of this section is an absolute liability offense.
Sec. 16.08.330. State law superseded and applicable.
The provisions of this division shall supersede by the Montana Medical Marijuana Act
(MCA 50-46-101 301 et seq.), only in so far as this division expands the limitations on the use of medical marijuana authorized under the Montana Marijuana Act. All other provisions of state
law related to medical marijuana or M marijuana shall be applicable.
Sec. 16.08.340. Violation and penalty.
A violation of section 16.08.320 is a misdemeanor and upon conviction a person shall be
fined not more than $500.00 or imprisoned in the Gallatin County Detention Center for a period
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not to exceed six months or both such fine and imprisonment. A person so convicted shall also
be required to pay all costs and expenses of prosecution and the courts as authorized by law.
Sec. 16.08.350. No private right of action.
Nothing in this division shall be construed to create a private right of action regarding the
acquisition, possession, cultivation, manufacture, delivery, transfer, or transport of either
marijuana or medical marijuana.
Section 3 That the sections 12.01.010, 12.20.040, and 12.03.010 of Chapter 12, BMC, shall be amended to
read as follows:
Sec. 12.01.010. Definitions.
A. The following words, terms and phrases, when used in this chapter and other related regulations in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Business" is meant to include all kinds of vocations, occupations, professions,
enterprises, establishments, and all other kinds of activities and matters, together with all
devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this city, not exempted by state law or this chapter.
2. "Electronic amusement games" means any electronic game or mechanical device
operated for the sole purpose of amusement of the patrons.
3. "Going out of business sale" means a sale held in such a manner as to reasonably cause the public to believe that upon the disposal of the stock on hand, the business will cease and be discontinued. Going out of business sales shall be strictly limited to stock on hand at the
commencement of the sale.
4. "Home occupation" means the use of a portion of a dwelling as an office, studio or
workroom for occupations at home by one or more persons residing in the dwelling unit. No home occupation shall occupy more than 20 percent of the gross floor area nor more than 400 square feet of gross floor area. The activity must be clearly incidental to the use of the dwelling
for dwelling purposes, and shall not change the character or appearance thereof.
5. "Itinerant vendor" means any person engaged or employed in the business of selling to
consumers by going from consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future.
6. "License" means the authority, necessary from the city, granted the person to whom it is
issued to engage in a specific business or occupation.
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7. "Marijuana" and "usable marijuana" have the meanings as defined in the Montana
Marijuana Act (MCA 50-46-101 301 et seq.).
8. "Medical mMarijuana" means the uses of marijuana as authorized pursuant to described in and defined in the Montana Marijuana Act (MCA 50-46-101 301 et seq.). MCA 50-46-102.
Other phrases herein such as the "use of medical marijuana" or "the medical use of marijuana"
shall have the same meaning.
9. "Nonprofit organization" means any group which does not distribute pecuniary gains, profits or dividends, and pecuniary gains are not the objective of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue
Service and the state department of revenue.
10. "Person" means and includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for themselves, or for any other person, under either personal appointment or pursuant to
law.
11. "Property manager" means a person which rents or leases rental units and does
not include hotels or motels.
12. "Square footage" means the total number of square feet contained within the exterior walls of a building, used in the business operation and open to the public.
13. "Temporary premises" means any hotel, motel, roominghouse, storeroom,
building, or any part of any building whatsoever, tent, vacant lot, freight station, car or truck,
temporarily occupied for the business defined above. Temporary premises does not include sales booths, concession stands, etc. which are operated in conjunction with a community sponsored event authorized by the city commission.
14. "Transient merchant" means any person who brings into temporary premises into
the city a stock of goods, wares or articles of merchandise or notions or other articles of trade,
and who solicits, sells or offers to sell, or exhibits for sale, such stock of goods, wares or articles of merchandise or notions or other articles of trade is within the meaning of this chapter a
"transient merchant," and such definition shall continue to apply until such person is
continuously engaged at such temporary premises for a period of one year.
Sec. 12.02.040. Exemptions.
A. No license shall be required of any person or entity for any mere delivery in the city of
any property purchased or acquired in good faith from such person or entity as the person or
entity's regular place of business outside the city where no intent by such person is shown to
exist to evade the provisions this chapter.
B. No license shall be required of any nonprofit organization as defined by this chapter.
C. No license shall be required of any person under 18 years of age.
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D. No license shall be required for any property manager managing on renting less than
three rental units.
E. The exemptions listed in subsections A, B, C, and D of this section do not apply to a transaction, use, or business involving medical marijuana.
Sec. 12.03.010. Business license fees.
All business license fees, unless otherwise specified in this chapter, shall be based on the
square footage of the business being licensed in consideration of the costs of administering this chapter and the regulatory costs incurred. The fee schedule is as follows:
LICENSE FEE SCHEDULE
GENERAL BUSINESSES:
Square Footage Registration & License Fee (in dollars) Special Services &
Regulatory Inspection
Fee (in dollars)
Total Fee
(in dollars)
0 - 199 25 0 25
200 - 999 25 25 50
1,000 - 1,999 25 50 75
2,000 - 4,999 25 100 125
5,000 - 9,999 25 175 200
10,000 & Over 25 225 250
SPECIFIC BUSINESSES:
Registration & License
Fee (in dollars)
Special
Services &
Regulatory
Inspection
Fee (in dollars)
Total
Fee
(in
dollars)
Itinerant Vendors 25 5 30
Home Occupation 10 -0- 10
Transient Merchants 25 50 75
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Pawnbrokers 25 125 150
Carnivals/Rodeos/Fairs Per Visit not to
exceed 7 consecutive days
25 200 225
Going-Out-Of-Business 25 25 50
Hotels/Motels
1 — 15 Rooms 25 25 50
15 + Rooms (+$2.00/Rm)* 25 25+* Varies
Transfer Fee 10 -0- 10
Amusement Games/Machine (M) 15/M 15/M
Machines depicting sexual
activity/Machine (M)
25/M 75/M 100/M
Medical mMarijuana 25 125 150
Emergency Medical Service 500 -0- 500
Section 4
That the following sections of Chapter 34, Article 7, BMC, shall be amended to read as follows:
Sec. 34.07.040. Advertising standards.
A. The subject matter of all advertisement shall be limited to speech that proposes a commercial transaction.
B. Prohibited advertising copy and graphics.
1. Advertisement that is unlawful or relates to illegal activity.
2. Advertisement that is obscene or would be in violation of MCA 45-8-206 (public display or dissemination of obscene material to minors).
3. Advertising of alcohol or tobacco products.
4. Advertising of commercial advertisements by political candidates for public office and
advertisements concerning ballot issues.
5. Advertising of contraception products or hygiene products of an intimate personal nature.
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6. Advertising of products or services with sexual overtones such as escort services, or
establishments featuring X-rated or pornographic movies or products.
7. Advertisement that depicts violence and/or anti-social behavior.
8. Advertisement that is false, misleading, or deceptive.
9. Advertisement using threatening, obscene, profane, vulgar, or abusive language.
10. Advertisement that holds up individuals or groups of people to public ridicule, derision,
or embarrassment.
11. Advertisement that supports or opposes a candidate, issue, or cause, or which advocates
or opposes a religion, denomination, religious creed, tenet, or belief.
12. Advertisements may not be placed on park or trail benches or picnic tables that currently
contain "In Memoriam" plaques.
13. No advertisements shall be placed on the exterior of any city-owned structures.
14. Advertisements that portray or depict any activities, products, or services related to
medical marijuana as authorized pursuant to and defined in the Montana Marijuana Act (MCA
50-46-101 301 et seq.).
Section 5
Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 6
Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Section 7
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 8
Codification. This Ordinance shall be codified as indicated in Section 1 – 4.
Section 7 Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
###### End of Ordinance Except for Signature Page ######
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PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 8th day of July, 2013.
____________________________________ Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 22nd of
July, 2013. The effective date of this ordinance is August, 21, 2013.
_________________________________
Sean Becker Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Staff Report: Provisional Adoption of Ordinance XXXX Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Ron Price, Chief of Police
SUBJECT: 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: Provisionally adopt Ordinance 1869 establishing a cap of twenty (20)
on medical marijuana storefront businesses, removing the automatic annual repeal for the number of storefront licenses, and generally amending municipal code to comply with the
enacted changes to the Montana Marijuana Act.
BACKGROUND: In August 2010, the City Commission adopted Ordinance 1786 creating
municipal code provisions related to medical marijuana business licensing and use. The Commission included a one-year cap of 20 on the number of storefront businesses authorized to
conduct business within the city of Bozeman. Under the municipal code, this cap was set to
automatically expire on August 25, 2011. On July 11, 2011, the City Commission adopted
Ordinance 1811 setting the cap at 211 and extending the expiration as August 25, 2012. On July
23, 2012, the City Commission adopted Ordinance 1834 again extending the expiration of the cap to August 22, 2013. I bring this ordinance before you to determine whether the cap should
remain, be made permanent, or, at the Commission’s discretion, be extended for an additional
year. Additionally, this ordinance requests amendments to the code to align it with changes in
definition and codification within the Montana Marijuana Act.
Currently, the city of Bozeman has four medical marijuana storefront licensees. As the city
business licenses are renewed at the beginning of the calendar year, these business licenses are
valid for one-year contingent upon continued compliance with the municipal code requirements
and state law. The Applicant must, of course, comply with state law and all applicable administrative rules.
1 Ordinance 1786 allowed all applications for city of Bozeman storefront business licenses submitted prior to the effective date of
the ordinance to be reviewed and approved. Thus, the number exceeded the originally set cap of 20.
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Staff Report: Provisional Adoption of Ordinance XXXX Page 2 of 2
UNRESOLVED ISSUES: As you know, there are some unresolved issues related to the
commercial aspects of medical marijuana stemming from the 2011 Montana Legislature’s
adoption of SB423, now codified as the Montana Marijuana Act (MCA 50-46-301 et seq.). There are numerous changes to the Montana Marijuana Act that affect the city’s business
licensing program. The change that perhaps most critically impacts the city’s program is the
requirement that a “provider” (formerly “caregiver”) serve no more than three “registered
cardholders” (formerly “qualifying patients”) and cannot take any financial remuneration for
doing so. See MCA 50-46-308(3) - number of registered cardholders a provider may assist, (4) - provider may accept reimbursement from a cardholder only for the provider's application or renewal fee, (6)(a) -provider may not accept anything of value for services or products, (6)(b) -
provider may not buy/sell marijuana or marijuana products.
In January 2013, by district court order, the State of Montana was preliminarily enjoined from enforcing section 50-46-308(3), (4), (6)(a) and (6)(b), MCA. Other aspects of the Montana Marijuana Act remain law and the proposed amendments to our municipal code reflect those
changes, primarily definitions and re-codification.
The city’s municipal code does not provide protection from full compliance with state law as the city’s codes currently require all businesses that have a city business license to maintain compliance with all state and federal laws (see 16.08.150, BMC). Thus, all city of Bozeman
licensees are required by state law and also by the municipal code to be in full and continuing
compliance with the Montana Marijuana Act. Failure to comply with state law can result in
revocation of the business license, civil penalties, and possible criminal prosecution.
It is my recommendation to refrain from a whole scale reform of the city of Bozeman’s
municipal code provisions related to medical marijuana until the attempts at overturning sections
of the Montana Marijuana Act have run their course. I also recommend that the Commission
remove the extension language and permanently limit the number of storefront licenses to 20 and make the noted amendments to address definitions and re-codification.
ALTERNATIVES: With continuing uncertainty regarding medical marijuana in Montana, the
Commission may wish to consider retaining the existing extension language and readdress the
issue in Summer 2014.
As a second option, the Commission may desire to change the length of time for which the cap
will be in place. If so, the Commission will need to amend the reference to the phrase “one-
year” as that phrase occurs in the last sentence of the subsection 16.08.160.A.2.a, BMC.
FISCAL EFFECTS: None directly related to the adoption of this ordinance.
Attachments:
• Ordinance 1869 for Provisional Adoption
Report compiled on: June 13, 2013
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Supplemental 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 1868 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:
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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)
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