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HomeMy WebLinkAboutOrdinance 13- 1869 Number of Medical Marijuana Storefront Businesses and other general amendments + e 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 Medieal Marijuana Act (MCA 50-46-4-" 301 et seq.). B. Any individual or entity licensed under this division to conduct any transaction, use or business involving ffiedieal marijuana, in addition to the requirements of this division, is subject to all other requirements of this Code, and the Montana Medieal 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. ORDINANCE NO. 1869 Page 1 of 12 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 Meal Marijuana Act to acquire, possess, cultivate, manufacture, deliver, transfer, or transport Riedieal marijuana. Failure to maintain authorization under the Medieal 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. See. 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 mediea4 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 dal marijuana under the Montana Marijuana Act and who does not provide ffledieal marijuana to a quali6,ing 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 medieal marijuana activities conducted in the city pursuant to the Montana Marijuana Act regardless of whether the dal 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 ,,, alif Ong „ registered cardholder where a transaction or use related to medieal marijuana is engaged in for more than three ^, alif ing patiep s 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 ffiedieal marijuana storefront licenses shall be 20. The limitatien on �he fnEeEimum number- of licenses undei-7 this subseetien shall r-epeal divisien is de ed b. Delivery. Any person or entity that delivers nal marijuana within the city to more than three qualifying--perms registered cardholders or another entity regardless of whether the medie-al 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 medieal marijuana as authorized under the Montana Marijuana Act shall prior to engaging in such activity obtain a fliedieal marijuana grow license. ORDINANCE NO. 1869 Page 2 of I2 A person or entity desiring to engage in an activity related to ffledieal 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 medieal marijuana storefront license may also under said license deliver medieal marijuana from that location without obtaining a separate fnedieal marijuana delivery license. B. Application information. An application under this division, in addition to the requirements of Chapter 12 of this code, seetion rn n�n� 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 marijuana within the city are registered with the state under the Montana Medieal Marijuana Act (MCA 50-464" 301 et seq.), and are duly authorized by state law to acquire, possess, cultivate, manufacture, deliver, transfer, or transport medieal marijuana; 3. A sworn statement signed by the applicant verifying the number of qua4ify ng pa4iepAs registered cardholders which name the applicant and any other owner/principal, agent, contractor, or employee of the applicant as the qualifying ratief s cardholder's effegive provider. The number of qti i ,ing pafiep s registered cardholders to be included in the sworn statement shall include all patiea4s cardholders who may be registered with a der provide 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 medieal 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 medieal 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. ORDINANCE NO. 1869 Page 3 of 12 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 patiep*ss 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. See. 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 eity 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 Medioal Marijuana Act (MCA 50-46-444 301 et seq.), or any other state or local regulation, and may inspect the number of plants or amount of marijuana ^r usable m r�uan on the premises or in control of the licensee to determine whether these amounts correspond to the amounts established by the Montana Medieal 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 medieal marijuana commercial business where any amount of marijuana or „sable m.,,.:iian 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 fn *J 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: See. 16.08.300. Purpose and intent. A. The purpose of this division is to identify acts regarding the ffledieal use of marijuana as authorized in Title 50, Chapter 46, MCA within the city that are not authorized to be conducted in a manner open or visible to the general public. In addition, the purpose of this ORDINANCE NO. 1869 Page 4 of 12 division is to identify that acts related to smoking, consuming, or displaying medal 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 medie-al 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. Otl}eTprsascTzrer-e;,' sueh as the�"use-yr-rrredi -0r "the fncarezcr-csc-vr fnaijjtiana" "usableavesamemeetna-ae ieffn " -3 2. "Ways of the city open to the public" means any highway, road, driveway, alley, Iane, 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 medieft-1 marijuana prohibited. No person authorized by the Montana Medieal Marijuana Act (MCA 50-464" 301 et seq.) to acquire, possess, cultivate, manufacture, deliver, transfer, or transport meal marijuana, may, on the ways of the city open to the public, display, smoke, or consume medieal 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 Mediea4 Marijuana Act (MCA 50-464"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 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 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. ORDINANCE NO. 1869 Page 5 of 12 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. 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. 7. "Marijuana" and "usable marijuana" have the meanings as defined in the Montana Marijuana Act (MCA 50-46-444 301 et seq.). 8. mMarijuana" means the uses of marijuana as authorized pursuant to described i-n and defined in the Montana Marijuana Act (MCA 50-464-4 301 et seq.).). n4G^ 50 46 102. ORDINANCE NO. 1869 Page 6 of 12 Othef pharases herein seek as the 11use of medieal " of 11the medieal use of 11 shall have the n 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. 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 medieal marijuana. ORDINANCE NO. 1869 Page 7 of 12 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& Total Fee Regulatory Inspection (in dollars) Fee (in dollars) 0 - 199 25 0 i 25 200- 999 25 (25 150 1,000- 1,999 125 50 75 2,000 -4,999 125 100 125 5,000 - 9,999 125 175 200 10,000 & Over I25 225 (250 SPECIFIC BUSINESSES: Registration& License Special Total Fee(in dollars) Services & Fee Regulatory (in Inspection dollars) Fee (in dollars) Itinerant Vendors 25 5 1 30 Home Occupation 10 1-0- 10 Transient Merchants 25 50 75 Pawnbrokers 25 125 150 Carnivals/Rodeos/Fairs Per Visit not to 25 200 225 exceed 7 consecutive days ORDINANCE NO. 1869 Page 8 of 12 Going-Out-Of-Business 125 �25 150 Hotels/Motels 1 — 15 Rooms 125 125 15 15 +Rooms (+$2.00/Rm)* 125 25+* i Varies Transfer Fee _ 10 -0- 10 Amusement Games/Machine(M) 1151M i 15/M Machines depicting sexual 25/M 75/M 100/M activity/Machine(M) dal mMarijuana l25 125 C 150 Emergency Medical Service 500 1-0- 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 45-5-206 (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. 6. Advertising of products or services with sexual overtones such as escort services, or establishments featuring X-rated or pornographic movies or products. ORDINANCE NO. 1869 Page 9 of 12 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 Fnedieal marijuana as authorized pursuant to and defined in the Montana Marijuana Act (MCA 50-46-444 301 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. 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 ORDINANCE NO. 1869 Page 10 of 12 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. 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. L" i i 'SEAN A. BECKER Mayor ATTEST: .BQZ", 0 STACY City Cl -,st 1 a 33 .- r ORDINANCE NO. 1869 Page 1 1 of 12 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 day of July, 2013. The effective date of this ordinance is August 21 st, 2013. /SEAN A. BECKER Mayor ATTEST: r.. 00 . r ST1'c LPL city-, . ��TI�■CO'til�, ' APPROVED AS TO FORM: GRE ULLIVAN City Attorney ORDINANCE NO. 1869 Page 12 of 12