A. Business And Operation Plan: All certificate of compliance applicants for a medical marijuana establishment shall submit a business and operations plan with their application showing in detail the establishment's proposed plan of operation, including, without limitation, the following:
1. A description of the type of facility proposed and the anticipated or actual number of employees;
2. A description by category of all products to be sold, processed, tested or grown, including the estimated number of plants;
3. A list of material safety data sheets for all nutrients, pesticides and other chemicals proposed for use in the facility;
4. 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 outside of the permitted premises;
5. A plan for the disposal of marijuana and related by-products that will be used in the facility;
6. A security plan which shall include a general description of the security systems and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations; and
7. A description of the state mandated inventory system that is required by state law.
B. Operational Requirements: All certificate of compliance holders shall at all times comply with the following operational requirements, which the City may review and amend from time to time as it determines reasonable:
1. All permitted premises shall comply with all respective applicable codes of the local zoning, building, health departments, and federal agencies such as, but not limited to the Environmental Protection Agency. The facility must hold a valid local certificate of compliance and commercial establishment license for the type of facility intended to be carried out on the permitted property. The facility operator, owner or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.
2. No certificate of compliance holder shall be permitted to operate from a moveable, mobile or transitory location except as allowed under the Oklahoma State Department of Health rules that authorize and license the transportation of medical marijuana. No person under the age of eighteen (18) shall be allowed to enter into the permitted premises without a parent or legal guardian.
3. All activities of a medical marijuana establishment, including, without limitation, distribution, growth, cultivation, sale of marijuana, testing, education, research, processing, and all other related activity permitted under the certificate of compliance holder's license or certificate of compliance, must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.
4. All applicants for a marijuana establishment certificate of compliance shall implement and maintain appropriate security measures in order to deter and prevent unauthorized access to or entrance into areas or spaces containing marijuana by persons or entities not permitted to possess or distribute marijuana under state law or regulation, and to prevent the theft or diversion of marijuana.
5. Waste Disposal: The certificate of compliance holder, owner and operator of the facility shall use lawful methods in controlling waste or by-products from any activities allowed under the permit.
6. The City may impose such reasonable terms and conditions on a medical marijuana establishment as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law.
7. The applicant shall make their marijuana establishment and all of any required business records available for City inspection upon reasonable request. (Ord. 436, 12-16-2019)
A. State Licensing Requirement: All operators of a medical marijuana dispensary within the City must maintain a valid commercial establishment license from the Oklahoma Department of Health. Each person operating a medical marijuana dispensary within the City shall provide the City with a copy of their commercial establishment license issued by the Oklahoma Department of Health prior to commencing operation and shall further provide the City with a copy of any renewal of the commercial establishment license each calendar year.
B. City Certificate Of Compliance Requirement: All operators of a medical marijuana dispensary within the City must obtain a medical marijuana dispensary certificate of compliance prior to commencing operation. Prior to issuance of a medical marijuana dispensary certificate of compliance, the physical address of the proposed medical marijuana dispensary will be subject to a property inspection by an authorized City inspector to insure compliance with all City codes. The property inspection will occur at a time scheduled and approved by both the applicant and City inspector. The applicant is required to be present during the inspection. All structures, equipment and apparatuses shall comply with all building and fire codes adopted by the State of Oklahoma and the City of Marlow.
C. Applications For Medical Marijuana Dispensary Certificate Of Compliance: Any person seeking to obtain a medical marijuana dispensary certificate of compliance shall submit a written application to the City on a City prescribed form to include, at a minimum, the following:
1. The name of the establishment;
2. If the establishing is a legal entity, then a statement from the Oklahoma Secretary of State stating that the establishing is operating in "Good Condition";
3. Physical address of the establishment;
4. Phone number of the establishment;
5. Operating hours of the establishment;
6. The applicant's first name, middle name, last name and suffix if applicable;
7. The applicant's residence address and mailing address;
8. The applicant's date of birth;
9. The applicant's preferred telephone number and email address;
10. An attestation that the information provided by the applicant is true and correct;
11. An application submitted on behalf of a business organization shall include an attestation that the applicant is authorized to make application on behalf of the business organization, full name of the business organization, type of business organization, mailing address for the business organization, and the full names of all owners of the organization;
12. A statement signed by the applicant not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana; and
13. One (1) copy of all of the following:
a. All documentation showing the proposed certificate of compliance holder's valid tenancy, ownership or other legal interest in the proposed permitted premises. If the applicant is not the owner of the proposed permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a medical marijuana dispensary;
b. A valid, unexpired driver's license or state issued identification for all owners, directors, officers and managers of the proposed facility;
c. Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations; and
d. Any other information reasonably requested by the City to be relevant to the marijuana dispensary for consideration of the application.
D. Application Fees: Application processing fees for a medical marijuana dispensary certificate of compliance shall be as set forth by resolution adopted by the City Council. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of medical marijuana dispensary establishments.
E. Renewal Fees: Annual renewal fees of any medical marijuana dispensary certificate of compliance shall be as set forth by resolution. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of medical marijuana dispensary establishments.
F. Application fees and annual renewal fees are non-refundable. The application fees shall be paid at the time of the submission of an application for a license and are not prorated.
G. Location Restrictions For Medical Marijuana Dispensaries:
1. A medical marijuana dispensary certificate of compliance will not be granted to any applicant where the proposed location would be located within one thousand feet (1,000') from any public or private school entrance. The distance specified shall be measured from any entrance of the school to the nearest property point of the dispensary.
2. A medical marijuana dispensary certificate of compliance will not be granted to any applicant where the proposed location is not within C-2 General Commercial District zoning.
H. Conditions Of Operation For Commercial Medical Marijuana Dispensaries:
1. All medical marijuana dispensaries shall be located within an entirely enclosed and secured structure.
2. All medical marijuana dispensaries must be constructed in such a manner that any marijuana plants cannot be seen by the public from the public right-of-way.
3. All medical marijuana dispensaries and equipment shall comply with all building, electrical, plumbing and fire codes adopted by the State of Oklahoma and the City of Marlow.
4. All medical marijuana dispensaries must be properly secured with an alarm system and have limited access.
5. All medical marijuana dispensaries shall be conducted in a manner that does not constitute a public nuisance. A public nuisance may be deemed to exist if the dispensary 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.
6. Before annual renewal, the City shall inspect the premises and any business records they deem reasonable to ensure compliance with all laws. (Ord. 436, 12-16-2019)