A. No person shall operate a medical marijuana dispensary at any time or any location within the Town of Beaver unless a currently effective permit for that business at that location has been issued under this Chapter.
B. Medical marijuana dispensary shall operate only as allowed under this Chapter.
C. The requirements set forth in this Chapter shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable federal, state or local laws, regulations, codes or ordinances.
D. All operators of medical marijuana dispensaries are required to obtain a medical marijuana dispensary permit from the municipal clerk.
E. The medical marijuana dispensaries permit fee shall be one thousand five dollars ($1500.00) per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration, and enforcement of retail marijuana establishments.
F. A medical marijuana dispensary permit shall only be located within a C-3 Commercial District, which shall hereinafter be deemed a permitted use.
G. It is the sole and exclusive responsibility of each permit holder or person applying to be a permit holder at all times during the application period and during its operation to immediately provide the Town of Beaver with all material changes in any information submitted on an application and any other changes that may materially affect any state license or its town permit.
H. No permit issued under this article may be assigned or transferred to any person unless the assignee or transferee has submitted an application and all required fees under this article and has been granted a permit by the Town of Beaver. No permit issued under this Chapter is transferrable to any other location except for the permitted premises on the permitted property.
I. The original permit issued under this Chapter shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.
J. Acceptance by the permit holder of a permit constitutes consent by the permit holder and its owners, officers, manager, agents and employees for any state, federal or local law enforcement to conduct lawful examinations of the facility and all articles of property in that facility during business hours to ensure compliance with this Chapter, and other local regulations, and with the permit.
K. No permit shall be granted or renewed for a medical marijuana dispensary in a residence.
L. In addition to the terms of this Chapter, any medical marijuana dispensary shall comply in all respect with the C-3 Commercial District, and with all other applicable federal, state and local ordinance, laws, codes and regulations. To the extent that the terms of this Chapter conflict with the terms of any other applicable federal, state, or local ordinances, laws, codes or regulations, the terms of the most restrictive ordinance, law, code or regulation shall control.
M. No medical marijuana dispensary shall be located within one thousand (1,000') feet from a public or private school. This distance is measured by a straight line (shortest distance) from the property line of the dispensary to any entrance of the school.
N. Application: An application for a permit for a retail marijuana establishment shall be submitted to the Town Clerk, and shall contain the following information:
1. The name, address, phone number and email address of the proposed permit holder and the proposed medical marijuana dispensary location.
2. The names, home addresses and personal phone numbers for all owners, directors, officers and managers of the permit holder and the medical marijuana dispensary facility.
3. One (1) copy of all the following:
a. All documentation showing the proposed permit holder's valid tenancy, ownership or other legal interest in the proposed permitted property and permitted premises. If the applicant is not the owner of the proposed permitted property and permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana dispensary.
4. If the proposed permit holder is a corporation, non-profit organization, limited liability company or any other entity other than a natural person, indicate its legal status, attach a copy of all company formation documents (including amendments), proof registration with State of Oklahoma, and a certificate of good standing.
5. A valid, unexpired driver's license or state issued ID for all owners, directors, officers and managers of the proposed establishment.
6. Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.
7. Non-refundable application fee.
8. Submit a business and operations plan, showing in detail the medical marijuana establishment's proposed plan of operation, including the anticipated number of employees, a security plan, a description by category of all products to be sold, a description and plan of all equipment and methods that will be employed to stop any impact to adjacent uses, including enforceable assurances that no odor will be detectable from the outside of the permitted premises, and a plan for the disposal of marijuana and related by-products that will be used at the establishment.
9. Whether the applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in the State of Oklahoma or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or non-renewal, including the licensing authority, the date each action was taken, and the reason for each action.
10. Information regarding any other medical marijuana dispensary that the licensee is authorized to operate in any other jurisdiction within the State of Oklahoma, or any other state, and the applicant's involvement in each facility.
11. Any other information reasonably requested by the Town of Beaver to be relevant to the processing or consideration of the application. (Ord. 2020-02, 9-10-2020)