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