A. Applications And Permits Required:
2. An application for marijuana business must include a site plan, building plans, and such other information deemed necessary by the community development department.
a. The applicant must submit a copy of their state license(s) for the marijuana business.
(1) If the applicant does not yet have a state license, conditional approval that the proposed marijuana business meets all other applicable requirements of the City Code may be issued by the City.
3. Zoning And Land Use permits shall be obtained, and all applicable permit fees and impact fees, as per the City of Belgrade impact fee ordinance, shall be paid prior to construction or occupancy.
B. Business Permit Required:
1. General Applicability:
a. A marijuana business may not cultivate, grow, manufacture, test, transport, dispense or otherwise produce, handle, or sell marijuana or marijuana products without a state license and a final marijuana business permit approved and issued by the city.
b. The applicant shall provide proof of insurance for the marijuana business.
c. A marijuana business permit shall be valid for one specified location only.
d. A marijuana business permit shall only be valid for the type or types of marijuana business activities stated in the permit.
e. A marijuana business permit may not be transferred.
f. A marijuana business permit must be renewed annually.
2. Conditions of Permit:
a. As a condition of receiving a marijuana business permit, any authorized city employee, including but not limited to police, fire inspectors, building inspectors, city engineers, planning officials, zoning officials, and other employees or officials designated by the City Manager, may without notice during normal business hours inspect any premises under permit pursuant to this code to determine compliance with this code, the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq., and any other state or local law, rule, or regulation. All persons authorized herein to inspect permit holders and marijuana businesses shall have the authority to enter, without a search warrant, during normal business hours, premises that require a marijuana business permit, premises holding a marijuana business permit, and premises for which the marijuana business permit has been suspended or revoked.
b. The city may deny, suspend, or revoke a marijuana business permit if the city has reasonable cause to believe the permit holder has, or the issuance of the marijuana business permit would violate a provision of this code or state law. The City Manager may suspend or revoke a marijuana business permit if a permit holder’s state license(s) have been suspended or revoked. A marijuana business permit shall remain suspended until a final adjudication on the state license, any penalty imposed by the state has been satisfied, and the state license has been reinstated. While a marijuana business permit or a marijuana state license is suspended or revoked, marijuana business is prohibited from engaging in marijuana business activities within the City of Belgrade’s Zoning Jurisdiction. The operation of a marijuana business without a valid marijuana business permit issued by the city is unlawful. Any person operating a such marijuana business is subject to penalty as provided in Title 1, Chapter 4, City Code of Belgrade, and Title 45, MCA.
c. An applicant or permit holder may appeal any decision of the city to deny, suspend, or revoke a marijuana business permit to the 18th Judicial District Court. An appeal must be made by filing a complaint setting forth the grounds form relief, and the nature of the relief demanded with the district court within 30 days following the notice of the city’s action.
C. General Regulations:
1. State Code Compliance:
a. Compliance with 50-40-104 Mont. Code. Ann. (Montana Indoor Clean Air Act) is required.
b. All signage associated with a marijuana business shall meet the standards of Chapter 5 of this Title and the Montana Marijuana Regulation and Taxation Act, MCA 16-12-101 et seq. In addition, no signage shall use the word “marijuana”, “cannabis”, or any other word or phrase commonly understood to refer to marijuana.
c. Words, phrases and expressions, not otherwise defined herein are subject to the definitions set forth in Section 16-12-102, MCA.
2. Activities Prohibited On Site:
a. Persons under the age of 21 shall be prohibited from entering a marijuana business.
b. The sale or consumption of alcohol within or on the premises of a marijuana business is prohibited.
c. Consumption of marijuana within or on the property of a marijuana business is prohibited.
d. Cultivation of marijuana is only permitted in marijuana production facilities that are in physically separate detached buildings.
3. Building Requirements:
a. All marijuana products shall be in a locked cabinet except when being accessed for distribution.
b. All marijuana business activities including dispensing, storage, testing, production and cultivation shall be conducted in a building equipped with a ventilation system that filters out the odors of the marijuana, so it is not detectable from the exterior of the facility or from any adjoining premises. All venting, filter, and lighting systems must comply with applicable city and state building, fire, mechanical, and electrical codes.
c. A marijuana business must comply with all state and local building, fire, electrical, food safety, and mechanical codes, rules, and regulations.
d. All marijuana businesses shall be equipped with a secure safe for storing marijuana not being actively cultivated when the facility is not open.
e. A marijuana business shall provide adequate security on premises. The minimum-security requirements include the following:
(1) Security surveillance cameras are installed to monitor the main entrance along the interior and exterior of the premises to discourage crime and facilitate the reporting of criminal acts and nuisance activities. The security video shall be preserved for at least 72 hours.
(2) Robbery and burglar alarm systems monitored by a proprietary supervising station.
f. Product Visibility:
(1) Marijuana and marijuana products, accessories, and associated paraphernalia shall not be visible from a public sidewalk, street, or right-of-way.
D. Distance Measurement: For the purposes of this section, specified distances will be measured in a straight line, without regard to intervening structures from the property line of a public or quasipublic building (including schools), church, synagogue, or other places of worship, park, or residence, to the property line of the marijuana business.
E. Prohibited Locations:
1. Marijuana businesses shall not be located within 500 feet of the following:
a. Lots used for public or quasipublic buildings or churches as defined by Chapter 8 of this Title; or
b. Any residence, in any direction, located in R, N, RS, MR, and CL districts; or
c. In any direction, of Lewis and Clark Park.
Exception: Marijuana businesses within 500 feet of properties listed in Section a., b., and c above may be located on Main Street between Weaver Street and Kennedy Street. No marijuana business located on Main Street between Weaver Street and Kennedy Street shall be located within 500 feet of an existing marijuana business.
2. No marijuana business shall be allowed in the following locations:
a. Within a residential zoning district.
b. Educational and Institutional (EI) district.
c. A building containing residential units at the time of establishment of the business.
d. A building that contains a hotel, motel, or any room for overnight lodging at the time of establishment of the business.
F. Applicability To Existing Operations:
1. Marijuana businesses operating within the City of Belgrade’s Zoning Jurisdiction in existence prior to the effective date of this Article, whether or not currently in possession of a marijuana business permit, shall comply with the provisions of this Article within six (6) months of the effective date of this Article. Marijuana businesses operating outside of the City of Belgrade’s Zoning Jurisdiction prior to the effective date of this Article, or in an area that does not have underlying zoning prior to the effective date of this Article, shall comply with the provisions of this Article within (6) months of adoption of zoning by the city in such areas.
G. Nothing in this section shall be construed to create a private right of action regarding the acquisition, possession, cultivation, manufacture, delivery, transfer, transport, sale or dispensing of marijuana. (Ord. 2023-7, 7-17-2023; amd. Ord. 2024-1, 2-20-2024)