NOTICE OF PUBLIC HEARING NOTICE OF MEETING

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HERAING WILL BE HELD BY THE BOARD OF ALDERPERSONS OF THE CITY OF BYRNES MILL AT 6:30 PM, WEDNESDAY, OCTOBER 2, 2019, IN THE ALL-PURPOSE ROOM TO CONSIDER THE FOLLOWING:

AN AMEDNMENT FOR REVISIONS TO THE CITY’S LAND USE CODE; CHAPTER 400 ZONING AND CHAPTER 600 BUSINESS LICENSE TO ESTABLISH REGULATIONS FOR

MEDICAL MARIJUANA FACILITIES AS PERMITTED USES IN THE CITY

AT SAID HEARING INTERESTED PARTIERS AND CITIZENS SHALL HAVE AN OPPORTUNITY TO BE HEARD. THE PROPOSED TEXT AMENDMENT CAN BE

VIEWED ON THE CITY’S WEBSITE AT WWW.BYRNESMILL.ORG

NOTICE OF MEETING

THE CITY OF BYRNES MILL BOARD OF ALDERPERSONS WILL MEET IN REGULAR SESSION ON WEDNESDAY, OCTOBER 2, 2019 AT 7:00 PM FOR THE PURPOSE OF VOTING ON THE ABOVE REQUEST AND OTHER BUSINESS LISTED ON THE AGENDA

BOARD OF ALDERPERSONS

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BILL NO. 909-19 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF BYRNES MILL, MISSOURI AMENDING THE ZONING CODE; CHAPTER 400 ZONING REGULATIONS, ARTICLE I. GENERAL PROVISIONS, SECTION 400.020 DEFINITIONS, ARTICLE II. INTERPRETATION AND PURPOSE, SECTION 400.030 INTERPRETATION AND PURPOSE, AND ARTICLE III.

DISTRICTS, DISTRICT BOUNDARIES, GENERAL REGULATIONS, SECTION 400.060 REGULATIONS, ARTICLE VI. “A” AGRICULTURAL DISTRICT, SECTION 400.080

PERMITTED USES

(MARIJUANA RELATED USES AND FACILITIES)

WHEREAS, an amendment to Missouri’s constitution was approved by voters on November 6, 2018 allowing access to Medical Marijuana in Missouri; and

WHEREAS, the Federal Controlled Substance Act, 21 U.S.C. 801 et seq., the use, possession and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and

WHEREAS, the United States Department of Justice issued a Memorandum entitled

“Guidelines for Marijuana Enforcement” on August 29, 2013. The memorandum established eight guidelines for states regarding the federal priorities in determining whether federal

enforcement should commence against those engaged in specific activities related to marijuana cultivation and distribution. This ordinance places the highest priority on meeting these

guidelines, particularly those related to public safety and health, restrictions on availability to minors, and prevention of illegal trafficking and profiteering; and

WHEREAS, Marijuana plants, as they begin to flower and for a period of two months or more during the growing season, produce an extremely strong odor that is detectable far beyond property boundaries and that can adversely impact the peace and enjoyment of nearby properties; and

WHEREAS, the Board of Alderpersons of the City of Byrnes Mill desires to amend Chapter 400 of the Byrnes Mill Code of Ordinances; and

WHEREAS, the proper public hearings have been held, pursuant to City Ordinance and the laws of the state of Missouri; and

WHEREAS, the Planning and Zoning Commission has submitted its report and recommendation to the Board of Alderpersons on the proposed amendments to Chapter 400 of the Byrnes Mill Code of Ordinances; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERPERSONS OF THE CITY OF BYRNES MILL, MISSOURI, AS FOLLOWS:

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Section 1. Section 400.020 Definitions of the Byrnes Mill Code of Ordinances is hereby amended by the adoption of a new Section 400.020 to worded as follows:

“Section 400.020 Definitions.

constitute marijuana, as well as resin extracted from the plant and marijuana infused products.

“Marijuana” does not include industrial hemp containing a crop-wide average

tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

MARIJUANA-INFUSED PRODUCTS - products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

MEDICAL MARIJUANA CULTIVATION FACILITY - a facility licensed by the state of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Infused Products Manufacturing Facility.

MEDICAL MARIJUANA DISPENSARY FACILITY - a facility licensed by the State of

Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana in accordance with applicable law and

regulations.

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY - a facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana- infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.

MEDICAL MARIJUANA TESTING FACILITY - a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

Section 2. Section 400.030 Interpretation and Purpose of the Byrnes Mill Code of Ordinances is hereby amended by the adoption of a new Section 400.030 to worded as follows:

“Section 400.030 Interpretation and Purpose

In interpreting and applying the provision of this Chapter, these provisions shall be considered minimum requirements for the promotion of public safety, health and general welfare, and to regulate the location and operation in the City of Byrnes Mill of facilities growing, manufacturing, testing, transporting and dispensing MMJ (medical marijuana) products that are licensed by the Missouri Dept. of Health and Senior Services.

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Section 3. Section 400.060 General Regulations of the Byrnes Mill Code of

Ordinances is hereby amended by the adoption of a new Section 400.060 to worded as follows”

“Section 400.060 General Regulations

A. 5. Medical Marijuana Facilities, as outlined in Section 400.020, shall request a special use permit (See Section 400.605) accompanied by a detailed site plan to be presented to the Planning and Zoning Commission. The site plan must state the zone in which the facility will be located, location of the proposed structure within the land lot with

distances in feet to the lot perimeters, proposed landscape or other buffering and utility easements shown. Property owners and use of surrounding properties must be shown.

If plans are approved by the Planning and Zoning Commission a Public Hearing will be held prior to approval by the Board of Alderpersons.

6. Medical Marijuana (MMJ) Facilities shall be located in zones designated as Commercial (B1) or light industrial (L1 or L2), or Agricultural Zones requiring a 200’

buffer to Residential Zones.

7. The Medical Marijuana Facility cannot be located within 200’ of a church, school, or daycare/pre-school center.

8. No marijuana related facility or use shall emit an odor or in any way cause a public nuisance. Appropriate systems shall be required to prevent any odor of marijuana or fumes from leaving the facility.

9. Marijuana cultivation and processing activities shall occur only within an enclosed building.

10. Marijuana dispensing and facility waiting areas must be located in a separate building away from any growing, testing, or processing areas of the facility.

11. A landscape buffer approved by the Planning and Zoning Commission and the Board of Alderpersons may be required.

12. Persons under the age of 18 are prohibited from entering any part of the medical marijuana premises.

13. The consumption of medical marijuana as well as alcohol on the premises of an MMJ facility is prohibited.

14. MMJ facilities are required to provide such security systems, including, but not limited to, surveillance cameras, inventory control, a locking safe, and alarm systems, as determined by the Byrnes Mill Police Department (“BMPD”). MMJ facilities shall provide an emergency contact to the BMPD. BMPD shall have the authority to inspect and review an MMJ facility’s security system at any time upon reasonable notice and at any time the facility is open or operating. Failure to maintain a security system satisfactory to the BMPD shall result in a cessation of operations until such system performs to the sole satisfaction of the BMPD.

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15. All facilities are required to obtain a City of Byrnes Mill business license.

Section 4. Section 400.080 Permitted Uses of the Byrnes Mill Code of Ordinances is hereby amended by the adoption of a new Section 400.080 to worded as follows:

“Section 400.080 Permitted Uses

A. 15. Medical Marijuana facilities such as but not limited to cultivation facilities, dispensary facilities, medical marijuana-infused products manufacturing facilities, and testing

facilities.

Section 5. If any part of this Ordinance is found to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or effectiveness of the remaining provisions of this Ordinance or any part thereof and said

Ordinance shall be read as if said invalid provision was struck therefrom and the context thereof changed accordingly with the remainder of the Ordinance to be and remain in full force and effect.

Section 6. All ordinances, resolutions, or orders, or parts thereof, which conflict with the provisions of this Ordinance, are, to the extend of such conflict, hereby repealed.

Section 7. This Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and Board of Alderpersons.

PASSED AND APPROVED THIS _____ DAY OF ______ 2019, BY THE BOARD OF ALDERPERSONS OF THE CITY OF BYRNES MILL, MISSOURI

______________________________

Cindy Davies, President of the Board of Alderpersons

______________________________

Robert Kiczenski, Mayor ATTEST:

_____________________________

Deborah LaVenture, City Administrator/City Clerk 1st reading: __________

2nd reading: __________

Page 5 of 5 APPROVED AS TO FORM:

___________________________

Robert Sweeney, City Attorney

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BILL NO. 910-19 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF BYRNES MILL, MISSOURI AMENDING THE BUSINESS AND OCCUPATION CODE; CHAPTER 605 BUSINESS LICENSES,

SECTION 605.010 DEFINITIONS

(MARIJUANA RELATED USES AND FACILITIES)

WHEREAS, an amendment to Missouri’s constitution was approved by voters on November 6, 2018 allowing access to Medical Marijuana in Missouri; and

WHEREAS, the Federal Controlled Substance Act, 21 U.S.C. 801 et seq., the use, possession and cultivation of marijuana are unlawful and subject to federal prosecution without regard to a claimed medical need; and

WHEREAS, the United States Department of Justice issued a Memorandum entitled

“Guidelines for Marijuana Enforcement” on August 29, 2013. The memorandum established eight guidelines for states regarding the federal priorities in determining whether federal

enforcement should commence against those engaged in specific activities related to marijuana cultivation and distribution. This ordinance places the highest priority on meeting these

guidelines, particularly those related to public safety and health, restrictions on availability to minors, and prevention of illegal trafficking and profiteering; and

WHEREAS, Marijuana plants, as they begin to flower and for a period of two months or more during the growing season, produce an extremely strong odor that is detectable far beyond property boundaries and that can adversely impact the peace and enjoyment of nearby properties; and

WHEREAS, the Board of Alderpersons of the City of Byrnes Mill desires to amend Chapter 600 of the Byrnes Mill Code of Ordinances; and

WHEREAS, the proper public hearings have been held, pursuant to City Ordinance and the laws of the state of Missouri; and

WHEREAS, the Planning and Zoning Commission has submitted its report and recommendation to the Board of Alderpersons on the proposed amendments to Chapter 600 of the Byrnes Mill Code of Ordinances; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERPERSONS OF THE CITY OF BYRNES MILL, MISSOURI, AS FOLLOWS:

Section 1. Section 600.010 Definitions of the Byrnes Mill Code of Ordinances is hereby amended by the adoption of a new Section 600.010 to worded as follows:

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“Section 600.010 Definitions.

MEDICAL MARIJUANA – All types of Medical Marijuana Facilities (Cultivation, Infused Manufacturing, Testing, and Dispensary) shall be required to have a City business license as set forth in City of Byrnes Mill Code of Ordinances Chapter 600

Section 5. If any part of this Ordinance is found to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or effectiveness of the remaining provisions of this Ordinance or any part thereof and said

Ordinance shall be read as if said invalid provision was struck therefrom and the context thereof changed accordingly with the remainder of the Ordinance to be and remain in full force and effect.

Section 6. All ordinances, resolutions, or orders, or parts thereof, which conflict with the provisions of this Ordinance, are, to the extend of such conflict, hereby repealed.

Section 7. This Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and Board of Alderpersons.

PASSED AND APPROVED THIS _____ DAY OF ______ 2019, BY THE BOARD OF ALDERPERSONS OF THE CITY OF BYRNES MILL, MISSOURI

______________________________

Cindy Davies, President of the Board of Alderpersons

______________________________

Robert Kiczenski, Mayor ATTEST:

_____________________________

Deborah LaVenture, City Administrator/City Clerk 1st reading: __________

2nd reading: __________

APPROVED AS TO FORM:

Page 3 of 3 ___________________________

Robert Sweeney, City Attorney