(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.
Authorizing statute(s): 16-12-112, MCA
Implementing statute(s): 16-12-207, MCA
History: NEW, 2022 MAR p. 838, Eff. 5/28/22.