A. State Issued Medical Marijuana License Required: Applicants for any license contained herein shall be required to possess a valid State of Oklahoma issued medical marijuana license prior to making application for the City license.
B. Property Inspection Prior To Issuance: The license outlined in this chapter will be subject to property inspection by an authorized City inspector prior to issuance to insure compliance with all codes of the City.
C. Scheduled Property Inspection: The property inspection will occur at a time scheduled and approved by both the applicant and the City inspector.
D. Applicant Presence Required: The applicant will be required to be present during the inspection.
E. Code Compliance: All structures, equipment and apparatuses shall comply with all Building and Fire Codes adopted by the State of Oklahoma and the City of Vinita.
F. Application Due Before Inspection: A Medical Marijuana Business License Application shall be filled out and signed by the property and business owner and submitted to the City Clerk prior to scheduling an inspection.
G. License Fee: A nonrefundable license fee, as established in this chapter, shall be paid at the time the application is submitted.
H. License Fee Amount: The license fee shall be set according to and used to offset Municipal expenses covering costs related to licensing, inspection, administration and enforcement of this chapter.
I. Distance Requirements: For the distance requirements outlined in this chapter, the distances described shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in herein is located to the nearest property line of the building or unit in which the proposed retail marijuana establishment would be located.
J. Enclosed And Secure Structures: All medical marijuana dispensary, commercial medical marijuana growing and/or processing facilities, and medical marijuana wholesale and/or storage facility establishments shall be located within an entirely enclosed and secure structure, as required by the rules and regulations of the Department of Health, as may be amended from time to time.
K. Remitting Sales Taxes: License holder shall remit all required State and City Sales Taxes.
L. Intent: It is the intent of the City of Vinita that nothing in this chapter be construed to:
1. Allow persons to engage in conduct that endangers the health, safety, or welfare of the citizens of the City of Vinita, or causes a public nuisance;
2. Allow the use of marijuana for non-medical purposes; or
3. Allow any activity that is otherwise illegal and not permitted by State law.
M. Additional Regulations:
1. The smell of noxious odor emitted from smoking or consumption of medical marijuana by a person possessing a valid State issued medical marijuana license shall constitute a public nuisance.
2. Smoking and vaping marijuana shall be prohibited on all City property including vehicles, buildings, parks or other facilities.
3. Revocation or suspension of Municipal issued marijuana license; hearing.
a. The Mayor or designee shall revoke or suspend a license issued under this section on any of the following grounds:
(1) The license was procured by fraudulent conduct or false statement of a material fact or a fact concerning the applicant was not disclosed at the time of his application, and such fact would have constituted just cause for refusal to issue the license;
(2) Violation of City ordinance, State law, or Department of Health regulations governing medical marijuana.
b. Prior to suspension or revocation the permittee shall be given notice of the proposed action to be taken and shall have an opportunity to be heard before the Mayor, or his designee. If an employee has been designated by the Mayor, or his designee, such employee shall make a report to the Mayor, or his designee, together with a recommendation as to whether the license should be suspended or revoked.
4. Any person or entity applying for or issued a license by the City of Vinita shall comply with all State law and Department of Health rules and regulations, as may be amended from time to time.
5. Revocation of the State issued license shall result in immediate revocation of the City issued license. (Ord. 3684, 3-19-2019)