(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEDICAL MARIJUANA FACILITY. A medical marijuana dispensary business required to register with the Oregon Health Authority under O.R.S. 475B.450.
RECREATIONAL MARIJUANA FACILITIES. A facility licensed by the State Liquor Control Commissioner to produce, process, transport, sell, test, or deliver marijuana for commercial recreational purposes.
(B) Location.
(1) A medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, may not be located within 1,000 feet of Neighbors For Kids located at 634 S. Highway 101 and further described as Tax Lot 7400 of Lincoln County Assessor Map 09-11-08CA.
(2) Pursuant to O.R.S. 475B.450stat, medical marijuana facilities and recreational marijuana facilities, as required by O.R.S. Chapter 475B, may locate on lots within the Retail Commercial Zone (C-1), the Light Industrial Zone (L-1), and the Marine Commercial Zone (M-C). Pursuant to O.R.S. 475B.450stat, medical marijuana facilities and recreational marijuana facilities, as required by O.R.S. Chapter 475B, may not be located within other zones.
(3) Medical marijuana facilities and recreational marijuana facilities, as required by O.R.S. Chapter 475B, may not be located on any lot or in any building that also contains a residence or dwelling unit.
(C) Drive-through access. Drive-through access to a medical marijuana facility and recreational marijuana facilities as required by O.R.S. Chapter 475B shall not be permitted.
(D) Business license required. In addition to all required local, state, and/or federal licensing, an annual city business license shall be obtained and maintained by a medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B. Notice of a business license application for a medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, shall be provided in writing to the applicant and to the owners of record of property on the most recent tax assessment roll of the county within 1,000 feet of the subject property. The business license fee for a medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, shall be established by resolution of the City Council.
(E) Hours and rules of operation.
(1) A medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, may be operated seven days a week, including holidays, between 9:00 a.m. and 8:00 p.m.
(2) No minors under the age of 21 are allowed within a medical marijuana facility, recreational marijuana facilities, as required by O.R.S. Chapter 475B, or premises during hours of operations.
(3) No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on the premises, except as may be allowed pursuant to applicable Oregon Health Authority administrative rules governing medical marijuana facilities and recreational marijuana facilities, as required by O.R.S. Chapter 475B.
(4) All products must be packaged in child-resistant safety packaging, and may not be manufactured, packaged, or displayed in a manner that is attractive to minors.
(5) No marijuana or consumption paraphernalia shall be displayed or kept in a business so as to be readily visible from the exterior of the licensed premises.
(6) Medical marijuana facilities and recreational marijuana facilities, as required by O.R.S. Chapter 475B, shall employ reasonable measures and means for preventing odors, debris, fluids, and other substances from exiting the medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, at all times.
(F) No city liability; indemnification.
(1) By accepting a medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, business licenses issued pursuant to this section, the licensee waives and releases the city, its officers, elected officials, employees, volunteers, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients, or customers for a violation of federal, state, or local laws and regulations.
(2) By accepting a license issued pursuant to this section, all licensees, jointly and severally, if more than one, agree to indemnify, defend, and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers, and self-insurance pool against all liability, claims, and demands on account of any injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the medical marijuana facility and recreational marijuana facilities, as required by O.R.S. Chapter 475B, that is the subject of the license.
(G) Compliance with state laws and rules. Medical marijuana facilities shall comply with all applicable state laws and state administrative rules applicable to such facilities, including, but not necessarily limited to, O.R.S. 475.300 through 475.346, O.R.S. Chapter 475B, O.A.R. 333-008-1000 through 333-008-1255, and the rules and regulations promulgated by the State Liquor Control Commission related to recreational marijuana facilities.
(Ord. 302, passed 3-17-2015; Ord. 309, passed 9-20-2016)