42.39.124    DETERMINATION OF PROXIMITY TO PLACE OF WORSHIP OR SCHOOL

(1) In order to apply the provisions of 16-12-207(3), MCA, to a cultivator licensee, manufacturer licensee, adult-use dispensary licensee, or medical marijuana dispensary licensee, the department must find: 

(a)  the entrance doors of the premises proposed for licensing and the entrance doors of the place of worship or school are situated on the same street; and

(b)  the physical address of the premises proposed for licensing is designated as the same street as the physical address of the place of worship or school; and

(c)  the distance, measured in a straight line from the entrance doors of the business proposed for licensing, and the entrance doors of the place of worship or school is 500 feet or less.

(2)  If the three-part test in (1) is not met in its entirety, the provisions of 16-12-207, MCA, do not apply.

(3)  The distance between entrance doors is measured by a geometric straight line, regardless of intervening property and buildings.  An entrance is considered to be a means of ingress to the premises generally used by the public.  This does not include egress-only doors, delivery, or service entrances.

(4)  In the event that a county or city government should enact an ordinance or resolution supplanting the provisions of 16-12-207, MCA, the restriction shall not apply.

(5)  A conformed copy of such supplanting ordinance or resolution must be submitted to the department by an applicant or a licensee, in the case where a local government adopts an ordinance or resolution regarding the premises location after the department approves the premises.

 

History: 16-12-112, MCA; IMP, 16-12-207, MCA; NEW, 2022 MAR p. 838, Eff. 5/28/22.