Mont. Admin. r. 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.
Notes
AUTH: 16-12-112, MCA; IMP: 16-12-207, MCA
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