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ORDINANCE NO. 773
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 765 REGARDING PART 18, MARIJUANA ESTABLISHMENTS, TO THE CITY OF GROVE CODE OF ORDINANCES TO BE CONSISTENT WITH STATE LAWS AND REGULATIONS; AND PROVIDING FOR SEVERABILITY AND THE REPEAL OF CONFLICTING ORDINANCES; AND DECLARING AN EMERGENCY.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVE, OKLAHOMA:
Part 18, Medical Marijuana Establishments of the City of Grove Code of Ordinances shall read as follows:
MEDICAL MARIJUANA ESTABLISHMENTS
Medical Marijuana Establishments ….….……………………….…………………..……………… 1
MEDICAL MARIJUANA ESTABLISHMENTS
18-102: Occupation Tax Levied; License To Be Issued
18-103: Location Restrictions
18-104: Conditions of Operation
18-105: Disposal of Medical Marijuana Waste
18-106: Smoking of Marijuana in Public is prohibited; Public Nuisance
18-108: Revocation of License
BUSINESS LICENSE, MEDICAL MARIJUANA: A business license issued by the Oklahoma Medical Marijuana Authority, which shall include the following categories:
Commercial Grower: An entity licensed to cultivate, prepare and package medical marijuana and transfer or contract for transfer medical marijuana to a medical marijuana dispensary, medical marijuana processor, any other medical marijuana commercial grower, medical marijuana research facility, medical marijuana education facility and pesticide manufacturers. A commercial grower may sell seeds, flower or clones to commercial growers. Growers shall not sell directly to consumers.
Dispensary: A person or entity that has been licensed to purchase medical marijuana or medical marijuana products from a Licensed Medical Marijuana Commercial Grower or Processor and sell medical marijuana or medical marijuana products to licensed patients and caregivers as defined herein, or to sell or transfer products to another dispensary.
Processor: A person or entity that has been licensed to operate a business including the production, manufacture, extraction, processing, packaging or creation of concentrate, medical marijuana infused products or medical marijuana products.
Testing Laboratory: A public or private laboratory licensed to conduct testing and research on medical marijuana and medical marijuana product.
Transporter: A person or entity that is licensed to transport, distribute and store medical marijuana.
CAREGIVER: A person who has been issued a Caregivers Medical Marijuana License by the Oklahoma Medical Marijuana Authority.
GROWING FACILITY FOR PERSONAL USE, MEDICAL MARIJUANA: The residence of a licensed patient as defined herein where marijuana is grown for personal use.
LICENSED PATIENT: A person who has been issued a Medical Marijuana License by the Oklahoma Medical Marijuana Authority.
EDUCATION FACILITY, MEDICAL MARIJUANA: A person or entity that has been licensed by the Oklahoma Medical Marijuana Authority to operate a facility providing training and education to individuals involving the cultivation, growing, harvesting, curing, preparing, packaging or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging or creation of medical-marijuana-infused products or medical marijuana products.
RESEARCH FACILITY, MEDICAL MARIJUANA: A person or entity approved by the Oklahoma Medical Marijuana Authority to conduct medical marijuana research.
WASTE, MEDICAL MARIJUANA: Unused, surplus, returned, or out-of-date marijuana and plant debris of the plant of the genus Cannabis, including dead plants and all used plant parts, shall not include roots, stems, stalks and fan leaves.
WASTE DISPOSAL, MEDICAL MARIJUANA: The final disposition of medical marijuana waste by either a process which renders the waste unusable through physical destruction or a recycling process.
WASTE DISPOSAL FACILITY, MEDICAL MARIJUANA: A site and facility determined by the Oklahoma Medical Marijuana Authority to be physically and technically suitable for disposing of medical marijuana waste. Said facility must be operated by a person or entity that has been issued a Waste Disposal License from the Oklahoma Medical Marijuana Authority.
WASTE DISPOSAL LICENSE, MEDICAL MARIJUANA: A license issued by the Oklahoma Medical Marijuana Authority authorizing a person or entity to possess, transport and dispose of medical marijuana waste.
18-102: OCCUPATION TAX LEVIED; LICENSE TO BE ISSUED:
There is hereby levied and assessed an annual occupation tax on all commercial Medical Marijuana Establishments as specifically enumerated herein and the amount herein stated:
Medical Marijuana Dispensary $ 600.00
Medical Marijuana Grower $ 600.00
Medical Marijuana Processor $ 600.00
Medical Marijuana Testing Laboratory $ 600.00
Medical Marijuana Transporter $ 600.00
Medical Marijuana Education Facility $ 600.00
Medical Marijuana Waste Disposal Facility $ 1,200.00
The occupation tax subject to this chapter shall be prorated on a monthly basis for the year in which an occupation begins operations. The amount of the occupation tax is subject to change upon Council action.
Any state licensee originally entering upon any occupation herein listed shall pay the tax therefor at the office of the city clerk on or before the date upon which he enters upon such occupation. The licensee shall provide a copy of his current state license before payment of an occupation tax will be accepted. Thereafter, the licensee shall pay the tax annually on o r before July 1.
All marijuana-licensed premises, Medical Marijuana Businesses or any other premises where marijuana or its by-products are licensed to be cultivated, grown, processed, stored or manufactured shall obtain a Certificate of Compliance from the City Clerk certifying compliance with applicable provisions as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code, the International Fire Code, city zoning regulations and city codes. The Certificate of Compliance must be sealed with the City of Grove embossed seal to be official.
There is hereby established a Certificate of Occupancy Fee in the amount of $100.00, and is subject to change upon Council action.
Upon payment of the occupation tax and finding the premise is compliant with all applicable zoning ordinances building, fire, safety and health codes, the city shall issue a receipt to the state licensee, which the licensee shall post in a conspicuous place on the premises where he carries on his occupation.
Any person who engages in any of the occupations taxed by this chapter without paying the occupation tax imposed and without having a valid license issued by the city clerk prior to such operation, is guilty of an offense against the city, and upon conviction thereof, shall be fined the sum of not more than five hundred dollars ($500) including costs and penalties, if any. Each day of such violation shall constitute a separate offense.
18-103: LOCATION RESTRICTIONS:
Medical Marijuana Dispensary will be allowed within all Commercial Zoned Districts and shall be prohibited from locating in any other zoning districts; AND shall be prohibited from locating within one thousand feet (1,000’) of any entrance of a private or public pre-school, elementary school, middle school, or high school.
The distance requirements shall be computed by direct measurement in a straight line from entrance to a school listed above to the nearest property line on which the medical marijuana dispensary is located.
Marijuana Growing Facility for Personal Medical Use: All medical marijuana for personal use will be allowed to be grown only on the primary residence of the licensee, and shall be prohibited from all other locations. If a primary residence is on rented real property, licensee must provide written permission from the property owner authorizing the growth of medical marijuana on said premise.
Medical Marijuana Commercial Grower will be allowed within Agriculture and Industrial Zoned Districts and shall be prohibited from locating in any other zoning districts
Medical Marijuana Education Facility will be allowed in Industrial Zoned Districts and shall be prohibited from locating in any other zoning district.
Medical Marijuana Processor will be allowed in Industrial Zoned Districts and shall be prohibited from locating in any other zoning districts.
Medical Marijuana Testing Laboratory will be allowed in Industrial Zoned Districts and shall be prohibited from locating in any other zoning district.
Medical Marijuana Transporter will be allowed in Industrial Zoned Districts and shall be prohibited from locating in any other zoning districts.
Medical Marijuana Waste Facility will be allowed in Industrial Zoned Districts and shall be prohibited from locating in any other zoning district; AND shall be prohibited from locating within one thousand feet (1,000’) of any entrance of a private or public pre-school, elementary school, middle school, or high school.
The distance requirements shall be computed by direct measurement in a straight line from entrance to a school listed above to the nearest property line on which the medical marijuana disposal facility is located.
18-104: CONDITIONS OF OPERATION:
Medical Marijuana Establishments shall comply with Oklahoma State law, Oklahoma Medical Marijuana Authority and Oklahoma Department of Health rules and regulations.
Medical Marijuana Establishments shall implement appropriate security measure to deter and prevent unauthorized entrance and theft/diversion of marijuana, including during transit. (OAC 310:6 81-6-1)
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 must collect the city sales tax of three and fourth tenths (3.4) percent on all sales.
All marijuana grown for personal medical use must be grown so that the marijuana is not accessible to a member of the general public and is only accessible to the licensee or caregiver. If grown outdoors, it must be grown behind an opaque fence that is at least six feet (6’) in height. The marijuana plants must be completely enclosed by the fence and the fence must be secured with a lock and key. No marijuana plants may be visible from any street adjacent to the property.
It shall be prohibited to process marijuana for personal medical use in a residential district by operating extraction equipment or utilizing an extraction process if the equipment or process utilizes butane, propane, carbon dioxide or any potentially hazardous material.
18-105: DISPOSAL OF MEDICAL MARIJUANA WASTE:
Medical Marijuana businesses , research facilities and educational facilities as defined herein shall be authorized to destroy the following marijuana plant parts without being required to utilize the services of a Medical Marijuana Waste Disposal Facility:
Fan leaves, and
These listed marijuana plant parts shall be destroyed on-site by burying, mulching, composting or any other technique approved by the Department of Environmental Quality. It shall be prohibited to destroy the listed marijuana plant parts by open burning or incineration.
18-106: USE, SMOKING OF MARIJUANA; PUBLIC NUISANCE
Smoking of marijuana is prohibited in public. Restrictions on smokable medical marijuana and medical marijuana products All smokable, vaporized, vapable and e-cigarette medical marijuana and medical marijuana products smoked by a patient license holder is subject to the same restrictions for tobacco under Section 1-1521 et. seq. of Title 63 of Oklahoma statutes, commonly referred to as the "Smoking in Public Places and Indoor Workplaces Act."
Smoking or using marijuana shall be prohibited on all city property including vehicles, buildings, parks and other facilities.
The smell or 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.
It is the intent of the City of Grove that nothing in the Medical Marijuana Establishment Ordinance be construed to:
Allow persons to engage in conduct that endangers or causes a public nuisances;
Allow the use of marijuana for non-medical purposes;
Allow any activity that is otherwise illegal and not permitted by state law.
Failure to Comply.
Any person, firm or corporation who engages in any business, profession, trade or occupation, or exercises any privilege, for which a license or permit is required by this Ordinance without a valid license or permit as hereby required, or who otherwise violates any provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction, punished by a fines not to exceed five-hundred dollars ($500.00), plus court costs and penalties, if any. Each day of such violation shall constitute a separate offense.
18-108: REVOCATION OF LICENSE:
Any violations of this section will result in the revocation of a Medical Marijuana Establishment License.
SECTION TWO: If any section, paragraph, sentence, cause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION THREE: This Ordinance hereby repeals and replaces Ordinance No. 765 and all other conflicting Ordinances.
EMERGENCY CLAUSE. An immediate necessity existing for the preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason of which this ordinance shall be in full force and effect from and after its passage, approval and publication or posting.
ADOPTED AND APPROVED by the Mayor and Council on the 6th day of August, 2019.
CITY OF GROVE
ATTEST: Ed Trumbull, Mayor
Ivonne Buzzard, City Clerk