Regular 4.
Regular City Council Meeting
- Meeting Date:
- 10/24/2011
- TITLE
- Public Hearing and First Reading Ordinance for Permanent Ordinance Defining and Prohibiting Medical Marijuana Storefronts
- PRESENTED BY:
- Brent Brooks
- Department:
- Legal
Presentation:
Information
PROBLEM/ISSUE STATEMENT
Pursuant to specific statutory authority conferred by MCA Sec 7-5-104 and BMCC Sec. 2-235, the Billings City Council enacted Emergency Ordinance 11-5537 on July 5th, 2011, prohibiting medical marijuana providers from operating storefront businesses in the City of Billings for a 90-day period effective immediately upon passage. Senate Bill 423, Section 13(2) passed by the 2011 Montana Legislature specifically authorized local governments to enact ordinances prohibiting such storefront businesses.
This ordinance was originally considered by the Council on October 11, 2011, and the Council voted to postpone consideration until October 24th in order to allow adequate advertising for a public hearing. The attached permanent ordinance defines “storefront” medical marijuana businesses and permanently prohibits them from operating in the City of Billings. The attached proposed ordinance prohibits any open and visible display of marijuana, marijuana products, and depictions of marijuana, in a manner visible from the exterior of any building or structure wherein a provider operates a medical marijuana business. The ordinance also prohibits any provider from allowing members of the general public to access the provider’s place of business, and restricts access to cardholders registered with that provider and persons seeking to become cardholders registered with that provider.
This ordinance was originally considered by the Council on October 11, 2011, and the Council voted to postpone consideration until October 24th in order to allow adequate advertising for a public hearing. The attached permanent ordinance defines “storefront” medical marijuana businesses and permanently prohibits them from operating in the City of Billings. The attached proposed ordinance prohibits any open and visible display of marijuana, marijuana products, and depictions of marijuana, in a manner visible from the exterior of any building or structure wherein a provider operates a medical marijuana business. The ordinance also prohibits any provider from allowing members of the general public to access the provider’s place of business, and restricts access to cardholders registered with that provider and persons seeking to become cardholders registered with that provider.
ALTERNATIVES ANALYZED
The City Council may:
•Approve the attached permanent ordinance on first reading defining medical marijuana “storefront” businesses, and prohibiting the operation of medical marijuana storefronts in Billings; or
•Disapprove the proposed ordinance; or
•Take no action; or
•Postpone action to another time.
•Approve the attached permanent ordinance on first reading defining medical marijuana “storefront” businesses, and prohibiting the operation of medical marijuana storefronts in Billings; or
•Disapprove the proposed ordinance; or
•Take no action; or
•Postpone action to another time.
FINANCIAL IMPACT
Enforcement of Senate Bill 423 and the attached permanent ordinance prohibiting medical marijuana storefront businesses will likely have an impact on law enforcement and code enforcement work load, although the exact costs cannot be determined at this time.
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and approve the attached ordinance on first reading.