The following shall apply to any existing or former medical marijuana business located within the City of White Sulphur Springs.
(A) License Required: Any existing or former medical marijuana business shall possess a City license which was initially effective prior to November 2020 and which was continually renewed, and a valid and current state license in conformance with M.C.A. Title 16, Ch. 12. Such business shall be registered with the City through the Meagher County Sheriff's Office and shall display such license in a prominent location or make it immediately available upon request of any law enforcement officer or City official.
(1) In addition to the requirements of section (1) above, any application for a license within the City must be in compliance with M.C.A. § 16-12-301 or its successor provision, and the application shall include the following:
(a) The name of all owners/principals of the business as applicable and the name of all agents, contractors or employees, if any; and
(b) The street or physical address of the business location; and
(c) A detailed plan addressing how the applicant will comply with the security requirements of this section; and
(d) Each application shall include the information required by the State of Montana for issuance of a state license under M.C.A. Title 16, Ch. 12.
(e) An acknowledgment that the issuance of a license, either by the City or the state, is a privilege and not a right, and in considering an application for a new or renewal license, the City shall consider such factors as:
1. The qualifications of the applicant;
2. The suitability of the proposed premises;
3. Whether there is an adequate safety and security plan;
4. Whether there has been a change to the status of such businesses in Meagher County or the City pursuant to a public vote as required by M.C.A. § 16-12-301 and related provisions;
5. Whether the business was licensed in the City and in existence prior to November 3, 2020.
(2) An existing medical marijuana business shall not conduct its normal business activities after 8:00 p.m., nor before 9:00 a.m.
(B) All information obtained by any City or Meagher County Sheriff's office personnel regarding the license for an existing medical marijuana business and to whom the license is issued shall remain confidential and shall remain under the purview of the Meagher County Sheriff's Office or the City personnel authorized to receive such information, who shall be strictly prohibited from disseminating any such information to anyone other than law enforcement officers acting in their official capacity, to authorized City personnel, or to a party so requesting under subpoena duly issued by a court of competent jurisdiction.
(1) Any person, including an employee or official of the Meagher County Sheriff's Office or the City of White Sulphur Springs commits the offense of disclosure of confidential information related to registry information if the person knowingly or purposely discloses confidential information in violation of this Chapter and M.C.A. Title 16, Ch. 12.
(2) A person convicted of disclosure of confidential information related to registry information shall be fined not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed six months, or both.
(C) Fees:
(1) An existing medical marijuana business which becomes the holder of a license to conduct such existing medical marijuana business within the City of White Sulphur Springs, and which is duly registered by the State of Montana, shall obtain a license from the City in cooperation with the Meagher County Sheriff's Office and shall pay an initial licensing fee of $5,000; and shall, thereafter, pay a renewal fee of 1% of the average monthly revenue for the previous year, but not less than $3,000. Such fees shall cover the cost to the City for employee time related to paperwork, inspections, monitoring and recordkeeping associated with this provision.
(2) All license fees shall be paid upon application for such license and shall be paid annually on or before July 1 of each year. All licenses shall expire on June 30 following the issuance of the license or renewal thereof.
(3) Operation of an existing medical marijuana business without a City license under this code, or a violation of any portion of this Chapter shall result in revocation of such license and shall be punishable by a fine of not less than $1,000 nor more than $3,000. Other or additional sanctions may be as delineated in M.C.A. Title 16, Ch. 12.
(D) Inspection. As a condition of receiving a business license under this chapter, a City employee and any law enforcement officer, may, during normal business hours, inspect any premise under license pursuant to this chapter to determine whether the licensee is in compliance with the provisions of this section or state law. Inspections may be announced or unannounced. Inspections which are unannounced are limited to two a year unless a citation has been issue within the last two years or for other just and reasonable cause.
(E) Security Requirements. Prior to issuance of a license under this chapter, an existing medical marijuana business where any amount of marijuana is stored or grown on the premises beyond normal business hours must have a single, secured entrance for patrons and shall implement strict security measures to deter and prevent the theft of product and unauthorized entrance in accordance with rules established by the state. Security measures shall include a video monitoring system as required by state law. A full plan must be provided to the City through the Meagher County Sheriff's Office for review prior to issuance of a license or upon request by the City upon renewal of a license. Confirmation of the existence of such security measures are reasonable grounds for an inspection of the premises.
(F) Advertising. An existing medical marijuana business shall not attach any sign to a vehicle nor erect any sign advertising or otherwise noting its business on any structure which is not attached to the building where such business is allowed but shall not contain any lighting, shall not exceed three square feet and shall be attached to the walls or windows of the building which house the business, but shall not be elevated from the walls or windows. Any other advertising must meet the standards established under M.C.A. § 16-12-211 or its successor provision.
(G) No Changes in Business Location or Activities. A license issued to an existing medical marijuana business shall be utilized only at the location of the business noted in the original license, nor may the business be expanded for activities beyond that in place at the time the license was issued. Any changes in the existing medical marijuana business or location shall require a new application, and there is no guarantee of a new license being issued for the new location or any change in the existing business.
(H) Each licensed medical marijuana business under this chapter must have a written plan to ensure the proper disposal of any marijuana in excess of the amount statutorily allowed under M.C.A. Title 16, Ch. 12. This plan must be submitted to, and approved by, the Meagher County Sheriff's Office and/or the state of Montana prior to any disposal of marijuana, including marijuana stalks, roots, and seeds.
(1985 Code, § 5.22.050; Ord. 378, passed 2-7-2022)