A. It shall be unlawful for any person, persons or other business entity to operate a commercial medical marijuana business within the corporate limits of the City of Duncan without first having obtained a medical marijuana business permit as provided herein.
B. The medical marijuana business permit requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law, including, by way of example, any applicable building permit or certificate of occupancy.
C. A medical marijuana business permit does not provide nor create an exception, defense, or immunity to any person with regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana.
D. A separate medical marijuana business permit shall be required for each premise from which a commercial medical marijuana business is operated. Except as specifically provided in this chapter, no two (2) or more different commercial medical marijuana businesses may be treated as one (1) premise.
E. A medical marijuana business permit that has been issued by the City of Duncan, department of Community Development for medical marijuana is nontransferable. A permit is not transferable or assignable, including, without limitation, not transferable or assignable to a different location, to a different type of business, or to a different owner or permittee. A permit is valid only for the owner named thereon, the type of business disclosed on the application for the permit, and the location for which the permit is issued. The named permittee of a commercial medical marijuana business are only those persons disclosed in the application or subsequently disclosed to the City in accordance with this chapter.
1. The provisions of this subsection shall not apply to medical marijuana businesses operating under a valid certificate of authority pursuant to OMMA 310:681-10-1, as it may be amended from time to time.
F. On the date of these ordinances being enacted all existing medical marijuana businesses located within the corporate limits of the City of Duncan shall be granted sixty (60) days after enactment to obtain a medical marijuana business permit from the City of Duncan. The sixty (60) day grace period shall not apply to any new medical marijuana business formed from and after the date of enactment. (Ord. 1813, 10-27-2020)