A. State Licensing Requirement: All operators of a medical marijuana testing facility within the City must maintain a valid commercial establishment license from the Oklahoma Department of Health. Each person operating a medical marijuana testing facility 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 testing facility within the City must obtain a medical marijuana testing certificate of compliance from the City prior to commencing operation. Prior to issuance of a marijuana testing certificate of compliance, the physical address of the proposed marijuana testing facility 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 testing apparatuses shall comply with all building, electric, plumbing and fire codes adopted by the State of Oklahoma and the City of Marlow.
C. Applications For A Medical Marijuana Testing Certificate Of Compliance: Any person seeking to obtain a marijuana testing 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 name, address, telephone number and email of the director of the testing facility;
10. The applicant's preferred telephone number and email address;
11. An attestation that the information provided by the applicant is true and correct;
12. 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;
13. A statement signed by the applicant not to divert marijuana to any individual or entity; and
14. 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 testing.
b. A valid, unexpired driver's license or state issued identification for all owners, directors, officers and managers of the proposed facility; and
c. Any other information reasonably requested by the City to be relevant to marijuana testing for consideration of the application.
D. Application Fees: Application processing fees for a medical marijuana testing 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 testing establishments.
E. Renewal Fees: Annual renewal fees of any medical marijuana testing 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 testing 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 Testing Facilities:
1. A medical marijuana testing 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 measure from any entrance of the school to the nearest property point of the dispensary.
2. A medical marijuana testing certificate of compliance will not be granted to any applicant where the proposed location is not within I-1 Light Industrial District zoning.
H. Conditions Of Operation For Medical Marijuana Testing:
1. All marijuana testing facilities must be constructed in such a manner that the testing of the medical marijuana cannot be seen by the public from the public right-of-way.
2. All marijuana testing facilities shall be located within an entirely enclosed and secure structure, with locked doors at all times.
3. All medical marijuana testing facilities must be properly secured with an alarm system and have limited access.
4. All medical marijuana testing facilities and equipment shall comply with all building, electrical, plumbing and fire codes adopted by the State of Oklahoma and the City of Marlow.
5. All medical marijuana testing must be properly vented so as to not create humidity, mold or other related problems.
6. If medical marijuana testing uses any products, such as chemicals, flammable solvents, butane, ethanol or any other chemicals used in the marijuana testing procedures, then these are all considered hazardous waste. Hazardous wastes must be disposed of properly by a registered hazardous waste transporter shipping to a hazardous waste treatment, storage and disposal facility (TSDF) and comply with federal regulations.
7. Buildings where marijuana testing occurs must be equipped with commercial grade testing equipment in accordance with current state regulations. (See title 63 Oklahoma Statutes section 427.17.)
8. Buildings where marijuana testing occurs must be equipped with ventilation/air filtration systems so that no odors are detectable off-premises.
9. Medical marijuana testing facilities must remain locked at all times. The facility must have an electronic security system.
10. All marijuana testing facilities shall be conducted in a manner that do not constitute a public nuisance. A public nuisance may be deemed to exist if testing 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.
11. 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)