A. Marijuana processing facilities are allowed in the City of Purcell but must acquire a city business license from the City Clerk. The fee shall be seven hundred fifty dollars ($750.00) per year, or other amount as set periodically by Council resolution. This fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of regulations for marijuana processing facilities. The license provide for herein shall run from July 1 to June 30 and the same will not be prorated for any license obtained after July 1 of any year.
B. Marijuana processing facility license zoning requirements:
1. Qualified zones:
a. Industrial (I-1), subject to restrictions identified in subsection C. below.
2. Prohibited zones:
a. Marijuana processing facilities are prohibited in all remaining City of Purcell zoning districts as defined in Sec 122-20 of the Municipal Code, unless the facility meets a qualified exemption identified in subsection B.3.
3. Prohibited zones with exceptions:
a. Proposed processing facilities lying within Commercial (C-1, C-2, C-3) zones shall be allowed upon meeting one of the following exemptions:
i. Water only extraction processing.
ii. Processing methods that do not involve chemicals or a chemical extraction process, including but not limited to the preparation and packaging of pre-rolls and the baking, cooking, or preparing of marijuana edible products.
b. Exempt processing facilities lying within a Commercial Zone are not prohibited from having a relationship with a marijuana retail establishment.
4. Chemical processing facilities are prohibited in all Commercial Zones unless otherwise exempt.
C. Location restrictions on marijuana processing facilities.
1. A marijuana processing facility license will not be granted to any applicant where the proposed location would be located within one thousand (1,000) feet from any entrance of the proposed permitted location to any entrance of the following property location, including streets and alleys:
a. Private or public preschool, elementary, secondary, vocational or trade school, college or university;
2. In all sections referencing places of worship or religious assemblies the location distance in feet between the place of worship or religious assembly and a marijuana processing facility, regardless of the nature of said establishment, shall be measured in a straight line from the nearest door of the marijuana processing facility to the nearest door of the church or religious assembly. The distance shall remain seven hundred fifty (750) feet.
3. A marijuana processing facility license will not be granted to any applicant where the proposed location would be located within seven hundred fifty (750) feet of any of the following locations with said distance computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located, including streets and alleys:
a. A library or museum;
b. A public playground;
c. A child care center;
d. A public park, pool, or recreation facility;
e. A juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center;
4. A marijuana processing facility license will not be granted to any applicant where the proposed location would be located within two hundred (200) feet of any of the following locations with said distance computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use is located to the nearest property line of the building or unit in which the proposed marijuana processing facility would be located, including streets and alleys:
a. A residentially zoned district.
D. Buildings where marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
E. Marijuana processing facilities must collect the applicable sales tax on all sales.
F. Any violation of this section may result in the revocation of the marijuana processing facility license for a period of up to two (2) years from the date of revocation. Determination of violations that result in revocation shall be made by the City Manager or his/her designee.
HISTORY
Added by Ord. 21-03 on 3/3/2021
Amended by Ord. 21-04 on 4/5/2021
Amended by Ord. 22-06 on 7/5/2022
Next Doc