PENDING ORDINANCES
ORDINANCE NO. 2020-02
AN EMERGENCY ORDINANCE OF THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BEAVER, OKLAHOMA, ADOPTING A NEW ARTICLE 3 TO BE ENTITLED “RETAIL MEDICAL MARIJUANA DISPENSARIES, MEDICAL MARIJUANA GROWERS, AND MEDICAL MARIJUANA PROCESSORS” IN CHAPTER 9 OF THE BEAVER MUNICIPAL CODE 2015; PROVIDING FOR THE ADOPTION OF SECTION 9-301 ENTITLED “DEFINITIONS”; PROVIDING FOR THE ADOPTION OF SECTION 9-302 ENTITLED “MEDICAL MARIJUANA DISPENSARY”; PROVIDING FOR THE ADOPTION OF SECTION 9-303 ENTITLED “CONDITIONS OF OPERATION”; PROVIDING FOR THE ADOPTION OF SECTION 9-304 ENTITLED “MEDICAL MARIJUANA GROWER FACILITY”; PROVIDING FOR THE ADOPTION OF SECTION 9-305 ENTITLED “MEDICAL MARIJUANA PROCESSOR FACILITY”; PROVIDING FOR THE ADOPTION OF SECTION 9-306 ENTITLED “PERMIT INSPECTIONS AND OTHER REQUIREMENTS”; PROVIDING FOR REPEALER; SAVINGS; CODIFICATION; SEVERABILITY; PENALTY; AND DECLARING AN EMERGENCY.
EMERGENCY ORDINANCE
WHEREAS, the voters enacted certain legislation which permitted medical dispensaries, medical cultivator and medical processors for marijuana and other THC based products;
WHEREAS, the Oklahoma Legislature amended the legislation approved by the voters and such amendment authorize municipalities to exercise land use and zoning regulations with respect to the marijuana industry;
WHEREAS, the Town Board of Trustees of the Town of Beaver, Oklahoma, have determined that it is a proper exercise of the police power to enact certain zoning and land use controls concerning marijuana establishments within the corporate limits.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BEAVER, OKLAHOMA, THAT ARTICLE 3 OF CHAPTER 9 THE BEAVER MUNICIPAL CODE 2015 IS HEREBY ESTABLISHED HEREIN AND SHALL READ AS FOLLOWS:
SECTION I2SECTION 17-102  ACCESS TO TOWN AND AUTHORITY AGENTS.   That Article 3 of Chapter 9 of the Beaver Municipal Code 2015 is hereby adopted and shall read as follows:
ARTICLE 3
MEDICAL MARIJUANA DISPENSARIES, MEDICAL MARIJUANA GROWER FACILITIES, AND MEDICAL MARIJUANA PROCESSOR FACILITIES
Sec. 9-301   Definitions.
“Application” means an Application for a Permit under this Article and includes all supplemental documentation attached or required to be attached thereto; the Person filing the Application shall be known as the “Applicant”.
“Clerk” means the Beaver Town Clerk or his/her designee.
“Code Enforcement Officer” means the Beaver Code Enforcement Officer or his/her designee.
“License” means a current and valid License for a Medical Marijuana Dispensary facility issued by the State of Oklahoma.
“Licensee” means a person holding a current and valid Oklahoma license for a Medical Marijuana Dispensary facility.
“Permit” means a current and valid permit for a Medical Marijuana Dispensary facility issued under this Article, which shall be granted to a permit holder only for and limited to a specific Permitted Premises and specific Permitted Property.
“Permit Holder” means the person that holds a current and valid permit issued under this Article.
“Permitted Premises” means the building or buildings within which the permit holder will be authorized to conduct the facility’s activities pursuant to the permit.
“Permitted Property” means the real property comprised of a lot, parcel or other designated unit of real property upon which the permitted premises are situated.
“Person” means a natural person, company, partnership, profit or non-profit corporation, limited liability company or any joint venture for a common purpose.
“Medical Marijuana Grower Facility” means an establishment licensed under Title 63, Section 422 of the Oklahoma Statutes whereby the growing of medical Marijuana is conducted on the premises and then sold to a licensed retailer or processor.
“Medical Marijuana Dispensary” means an establishment licensed under Title 63, Section 421 of the Oklahoma Statutes whereby the retail sale of medical Marijuana is conducted on the premises.
“Medical Marijuana Processor Facility” means an establishment licensed under Title 63, Section 423 of the Oklahoma Statutes, whereby Marijuana plants are processed (packaged) into the concentrates, edible, and other forms for consumption and then sold to a licensed retailer.
Sec. 9-302   Medical Marijuana Dispensary
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 Article.
Medical Marijuana Dispensary shall operate only as allowed under this Article.
The requirements set forth in this Article 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.
All operators of Medical Marijuana Dispensaries are required to obtain a Medical Marijuana Dispensary Permit from the Municipal Clerk.
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.
A Medical Marijuana Dispensary Permit shall only be located within a C-3 Commercial District, which shall hereinafter be deemed a permitted use.
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.
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 Article is transferrable to any other location except for the Permitted Premises on the Permitted Property.
The original Permit issued under this Article 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.
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 Article, and other local regulations, and with the Permit.
No Permit shall be granted or renewed for a Medical Marijuana Dispensary in a residence.
In addition to the terms of this Article, 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 Article 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.
No Medical Marijuana Dispensaryshall be located within 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.
Application.  An application for a Permit for a Retail Marijuana Establishment shall be submitted to the Town Clerk, and shall contain the following information:
The name, address, phone number and email address of the proposed PermitHolder and the proposed Medical Marijuana Dispensary location.
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.
One (1) copy of all the following:
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.
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.
A valid, unexpired driver’s license or state issued ID for all owners, directors, officers and managers of the proposed Establishment.
Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.
Non-refundable Application fee.
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.
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.
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.
Any other information reasonably requested by the Town of Beaver to be relevant to the processing or consideration of the Application.
Sec. 9-303   Conditions of Operation
Buildings where marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
The Medical Marijuana Dispensary shall collect the applicable sales tax on any sales subject to municipal sales taxes. 
Any violations of this Article will result in the revocation of the Medical Marijuana Dispensary permit.
It is the intent of the Town of Beaver that nothing in the Retail Marijuana Establishment Ordinance be construed to:
Allow persons to engage in conduct that endangers or causes a public nuisance;
Allow the use of marijuana for non-medical purposes; or
Allow any activity that is otherwise illegal and not permitted by state law.
Sec. 9-304 Medical Marijuana Grower Facilities:
Medical Marijuana Grower Facilities are hereby allowed within the municipal boundaries of Beaver, Oklahoma under the following conditions:
The facility must acquire a permit for the facility from the Municipal Clerk. The permit for a commercial/industrial growing facility shall be one thousand five hundred dollars ($1,500.00) per year, or other amount as set periodically by Board resolution.
Reserved.
The Medical Marijuana Grower Facility shall only be located within the Agricultural Zoning District and which shall hereinafter be deemed a permitted use and with all grow operations contained within an enclosed structure.
The Medical Marijuana Grower Facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right of way.
The growing area including any lighting, plumbing or electrical components used shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life and property.
The Medical Marijuana Grower Facility shall collect the applicable sales tax on any sales subject to municipal sales taxes. 
Sec. 9-305 Medical Marijuana Processor Facilities.
Medical Marijuana Processor Facilities are hereby allowed within the municipal boundaries of Beaver, Oklahoma under the following conditions:
The facility must acquire a permit for the facility from the Municipal Clerk. The permit for a commercial/industrial processing facility shall be one thousand five hundred dollars ($1,500.00) per year, or other amount as set periodically by Board resolution.
Reserved.
A Medical Marijuana Processor Facility shall only be located in the Agricultural Zoning District, with all operations located within an enclosed structure, and which shall hereinafter be deemed a permitted use. 
A Medical Marijuana Processor Facility shall have a security fence at least 10 foot in height and with limited access. The gates to the secure area must be locked at all times.
The Medical Marijuana Processor Facilities must be constructed in such a manner that the growing or processing of the marijuana plants cannot be seen by the public from a public right of way.
The growing area including any lighting, plumbing or electrical components used shall comply with municipal building and fire codes. The growing and processing area must be properly ventilated so as not to create humidity, mold or other related problems.
Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life and property.
The Medical Marijuana Processor Facilities shall collect the applicable sales tax on any sales subject to municipal sales taxes. 
Buildings where marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.
Any violations of this section will result in the revocation of the Medical Marijuana Processor Facilities permit.
Sec. 9-306 Permit inspections and other requirements.
All permits outlined in this Article will be subject to inspection of the facilities by an authorized municipal inspector prior to issuance.
The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.
The applicant will be required to be present during the inspection.
The smell of noxious odor emitted from smoking or consumption of marijuana by a person possessing a valid state issued medical marijuana license shall be treated as a public nuisance.
Other regulations: Smoking or using marijuana shall be prohibited on all Town property including vehicles, buildings, parks or other facilities.
Section II.     REPEALER.  The current sections on marijuana industry found herein  together with all ordinances or parts thereof which are inconsistent with this ordinance are hereby repealed. 
Section III.  SAVINGS CLAUSE.  Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby.  Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
Section IV.     CODIFICATION.   This ordinance shall be codified as herein provided. 
Section V.     SEVERABILITY.   If any one or more of the sections, sentences, clauses or parts of this ordinance, chapter or section shall for any reason be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance.  It is hereby declared to be the intention of the Town Board of Trustees of the Town of Beaver that this section of the Beaver Municipal Code 2015 would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
Section VI.     PENALTY.  Any person who shall violate the terms and conditions of this ordinance by act or omission shall be guilty of an offense and if convicted shall be fined Four Hundred Dollars ($400.00), together with state assessments, fees and court costs; provided each day of continued violation shall be considered a separate offense.
Section VII.   EMERGENCY.  WHEREAS, it being immediately necessary for the preservation of the peace, health, safety and public good of the Town and the inhabitants thereof that the provisions of this Ordinance be put into full force and effect immediately to place reasonable land use and zoning controls on the marijuana industry in the Town of Beaver, Oklahoma, as a valid and reasonable exercise of the police power, this Ordinance shall take effect and be in full force and effect after its passage, as provided by law.
Approved and executed this _10th___ day of _September__ 2020.
THE TOWN OF BEAVER, OKLAHOMA
____________________________
By: __________________Mayor
(Seal)
ATTEST
____________________________
By: _____________, Town Clerk