(A) Marijuana dispensaries shall not be open to the public or make any sales between the hours of 10:00 p.m. and 8:00 a.m.
(B) No marijuana, of any type, may be consumed on the premises of a marijuana dispensary, nor shall the licensee permit such consumption.
(C) Any medical marijuana dispensary shall require any customer to display the customer's permit card from the Department of Health and Senior Services or other proof of eligibility at the time of each purchase.
(D) No person under the age of 21 who is not a qualifying patient shall be allowed into a comprehensive marijuana dispensary facility. No person under the age of 21 shall be allowed into any micro-business dispensaries. No person under the age of 18 years old shall be allowed into a medical marijuana dispensary. The foregoing notwithstanding, a qualifying patient who is too young to enter a medical marijuana dispensary, a comprehensive marijuana dispensary, or a micro-business, may do so if such qualifying patient is accompanied by a parent or guardian or if such qualifying patient has been emancipated and shows proof of emancipation.
(E) A marijuana dispensary shall have displayed its state-issued license and the city issued license pursuant to this section visible to the public at all times.
(F) Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana dispensary shall be permitted to operate from a moveable, mobile, or transitory location. This section shall not prevent the physical delivery of marijuana to a customer, patient, or the patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so allowed by law, if:
(1) The marijuana was lawfully purchased;
(2) The marijuana is delivered only by the permittee or an employee of the permittee;
(3) The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.
(G) Marijuana accessories (formerly called paraphernalia) designed or intended for use in consuming marijuana may be sold at a marijuana dispensary.
(H) A marijuana dispensary shall provide adequate security on the premises of the marijuana dispensary including, but not limited to, the following:
(1) Security surveillance cameras installed to monitor the main entrance along with the interior and exterior of the premises to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises, and security video shall be preserved for at least 72 hours by the permittee;
(2) Alarm systems that are professionally monitored and maintained in good working conditions;
(3) A locking safe permanently affixed to the premises, or a locked secure storage room, that is suitable for storage of all of the saleable inventory of marijuana if marijuana is to be stored overnight on the premises; and
(4) Exterior lighting that illuminates the exterior walls of the business and is compliant with the City Code.
(I) Location.
(1) A dispensary may not be located within 1,000 legally walkable feet of a then- existing elementary or secondary school, state-licensed child day-care center, or church (see RSMo. § 650.010 B(27) for the definition of 'then existing').
(2) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(3) The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.
(Ord. 472, passed 3-1-2023)