Batesville Code of Ordinances § 8-191 Short title.
Sec. 8-191. - Short title.
This article shall be known as the City of Batesville Medical Cannabis Ordinance and referred to herein as the "article."
(Ord. No. 2022-08-901, § I, 8-16-22)
REGULATION OF MEDICAL CANNABIS BUSINESS ESTABLISHMENTS
Batesville Code of Ordinances ch. 8, art. VII
in effectBatesville Code of Ordinances § 8-192 Legislative intent.
Sec. 8-192. - Legislative intent.
These adopted regulations are intended to ensure the public health, safety and welfare of residents of the city, persons engaged in medical cannabis establishments including their employees, neighboring property owners, and end users of medical cannabis. To this end, these regulations identify criteria and regulations of medical cannabis establishments in supplementation to such other laws, requirements, and regulations that may be adopted by the State of Mississippi and the Governing Authority applicable to the medical cannabis establishments.
(Ord. No. 2022-08-901, § II, 8-16-22)
Batesville Code of Ordinances § 8-193 General provisions.
Sec. 8-193. - General provisions.
(a) Required privilege permit in accordance with state and local law:
(1) Prior to the initiation of any medical cannabis establishments, a business privilege license as required by state law must be obtained from the city clerk.
(2) Prior to the initiation of any medical cannabis establishments, a medical cannabis permit must be obtained from the city clerk.
(3) An applicant seeking a medical cannabis permit shall submit information to the city clerk in conformity with such forms and procedures as the clerk may prescribe. The clerk is hereby authorized to promulgate forms to accomplish the intent of this provision.
(4) The applicant shall further provide a copy of all documents it intends to submit to the Mississippi Department of Health ("DOH") or Mississippi Department of Revenue ("DOR"), as appropriate, for the required State of Mississippi licensing, including license renewal applications. Unless otherwise waived by the city, applicant shall continue to timely supplement the filed documents with any additional documents provided to, or received from, DOH and DOR that were not originally filed with the city including, but not limited to, annual licenses, license revocations, reports, notices, etc.
(5) A medical cannabis establishment permit may be denied or revoked for failure to comply with the requirements herein or any applicable state law or regulation.
(b) Required application and permit fee. Due to the unique character of medical cannabis establishments including, but not limited to, legal compliance elements, security concerns, potential for nuisances arising from odors, potential for fire hazards, potential for soil and water contamination and like conditions, extensive review of applications not typically associated with other business is required by multiple departments of the city. Therefore, applicant shall pay to the city Clerk a non-refundable application fee of two thousand five hundred ($2,500.00) and it shall be renewed annually for a non-refundable fee of one thousand dollars($1,000.00).
(c) Site plans. Prior to the initiation of any medical cannabis establishments, and in addition to any other standard development approval or Design Review Application required by the City of Batesville Code Office, the applicant shall submit to the city planning commission a comprehensive site plan which, at a minimum, shall include the following:
(1) Property survey.
(2) Odor and ventilation control plan demonstrating that no excessive odor, capable of being detected by persons of normal sense of smell, escapes to neighboring property.
(3) Lighting plans demonstrating that no excessive light escapes to neighboring property between sunset and sunrise.
(4) Security plans.
(5) Water and wastewater service plans.
(6) Materials management plan for proper disposal of related waste at legally authorized disposal sites. If the activities involve storage and use of hazardous materials at a reportable quantity, applicants shall include a hazardous materials management plan.
(7) There shall be no outdoor storage, display, sales, or dispensing of medical cannabis. All signage and advertising of any nature shall conform to the city Sign Ordinance and applicable state medical cannabis regulations.
(8) Medical cannabis establishments shall have sufficient off-street parking for medical cannabis establishments. No on-street parking by customers will be allowed. State regulations and the city's parking Ordinance are applicable.
(d) Remediation Plan: The city Planning Commission [city Code Office] may require the submission of a property remediation plan addressing site reclamation in the event the approved medical cannabis establishments ceases to remain active for twelve (12) or more consecutive months. Such plan may require, in the discretion of the city, the posting of a surety bond or letter of credit in an amount sufficient to cover the costs of the proposed remediation plan.
(e) Inspections: All operators of medical cannabis establishments shall allow access by city Code Office officers, law enforcement officers or other agents or employees requesting access for the purpose of determining compliance with these standards and other applicable city standards and regulations, and further consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate city officials during regular business hours (Monday through Friday. 9:00 am to 5:00 pm. excluding holidays). Such inspections may include inspection of the facility, equipment, books, records, licenses, permits and real and personal property that are a part of the medical cannabis establishments and a business conducted at the Establishment.
(Ord. No. 2022-08-901, § III, 8-16-22)
Batesville Code of Ordinances § 8-194 Hours of operation.
Sec. 8-194. - Hours of operation.
Hours of active operation of medical cannabis dispensary facilities shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday (closed Sunday).
(Ord. No. 2022-08-901, § IV, 8-16-22)
Batesville Code of Ordinances § 8-195 Applicability.
Sec. 8-195. - Applicability.
(a) All requirements of all state and local laws, ordinances, codes and regulations shall be met, and licenses for operation shall be obtained from the Mississippi Department of Health or Mississippi Department of Revenue as applicable, and maintained in good standing at all times. To the extent state law or regulations are more restrictive and/or in direct conflict with the provisions herein, state law shall control.
(b) Expressly incorporated herein are the following state regulations which are made a part of this article:
(1) Medical cannabis dispensary regulations (DOR).
(2) Work permit regulations (DOH).
(3) Cannabis testing facility regulations (DOH).
(4) Advertising and marketing regulations (DOH).
(5) Cannabis cultivation facility regulations (DOH).
(6) Cannabis processing facility regulations (DOH).
(7) Cannabis transportation entity regulations (DOH).
(8) Cannabis disposal regulations (DOH).
(c) "Medical Cannabis Establishment", "Cannabis Cultivation Facility", "Cannabis Processing Facility", "Cannabis Testing Facility", "Medical Cannabis Dispensary", "Cannabis Transportation Entity", "Cannabis Disposal Entity", and "Cannabis Research Facility" have the meanings as set forth in the Act.
(Ord. No. 2022-08-901, § V, 8-16-22)
Batesville Code of Ordinances § 8-196 Location of medical cannabis dispensaries.
Sec. 8-196. - Location of medical cannabis dispensaries.
No medical cannabis dispensary may be located within a three thousand feet (3,000') radius from the main point of entry of the Dispensary to the main point of entry of another medical cannabis dispensary.
(Ord. No. 2022-08-901, § VI, 8-16-22)
Batesville Code of Ordinances § 8-197 Enforcement.
Sec. 8-197. - Enforcement.
(a) A violation of any provision of this article or any state or city laws, regulations, ordinances, or codes applicable to medical cannabis establishments shall be deemed to be a public nuisance and subject to enforcement as set forth herein.
(b) Any person violating any provision of this article or any other ordinance or regulation of the city of Batesville for which no penalty is otherwise specifically provided for, or violating any provision of any applicable state laws or regulations for which no penalty is otherwise specifically provided for, shall be deemed guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250.00) for the first offense. For a second offense occurring within a two (2) year period of time, a fine in the amount of five hundred dollars ($500.00), and/or a period of incarceration not to exceed thirty (30) days shall be imposed. For a third or subsequent offense occurring within a two (2) year period of time there shall be assessed a fine of one thousand ($1,000.00) and/or a period of incarceration not to exceed one hundred and eighty (180) days. Each violation of any provision of this article shall be deemed a separate offense. Each day of violation is a separate, continuing offense.
The Court, in addition to the penalties provided herein, may order the person violating this article to pay restitution to any person suffering damages resulting from the violation.
(c) The city may seek to abate the violation of this article or any state or local laws, regulations, ordinances or codes applicable to medical cannabis establishments by the prosecution of a civil action, including an action for injunctive relief. Such injunctive relief may take the form of a court order prohibiting ongoing violations and/or requiring compliance with this article. The city may also proceed as necessary under Miss. Code Ann., § 21-19-11
In the event the city is the prevailing party, in addition to the penalties provided herein, the city will be entitled to the recovery of the cost of prosecuting the civil action including, but not limited to, the administrative costs of the city to inspect, investigate, and pursue compliance with this article, Court filing fees, expert witness expenses and reasonable attorney fees.
(d) The remedies and penalties above are cumulative to all other remedies available to the city by law.
(Ord. No. 2022-08-901, § VII, 8-16-22)
Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=COOR_CH8LIBURE_ARTVIIREMECABUESFetched: 10/31/2026