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 furttrer provide the City with a copy of any renewal of the commercial establishment license each calendar year.
B. City Business license Requirement: All operators of a medical marijuana dispensary within the City must obtain a medical marijuana dispensary business license prior to commencing operation. Prior to issuance of a medical marijuana dispensary business license, 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 stnrctutes, equipment and apparatuses shall comply with all building and fire codes adopted by the State of Oklahoma and the City of Waurika. Inspections shall be subject to the City of Waurika's Building Inspection Fee Schedule. All inspection fees shall be paid prior to the commencement of any inspection.
C. Applications For Medical Marijuana Dispensary business license: Any person seeking to obtain a medical marijuana dispensary business license 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 tnre and correct;
11. An application submitted on behalf of a business organization shall include an attestation that the applicant is authoized 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;
13. One copy of all of the following:
a. All documentation showing the proposed business license holder’s valid tenancy, ownership or other legal interest in the proposed pennitted 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 ID 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: Each applicant shall pay, at the time of filing the application for a business license, an application fee. The fee shall be used to offset municipal expenses covering costs related to licensing, administration, and enforcement of medical marijuana dispensary establishments. Application fees shall be as set forth by resolution adopted by the Board of City Commissioners.
E. Renewal Fees: Each applicant shall pay, at the time of filing the application for an annual renewal of a business license, an annual renewal application fee. The fee shall be used to offset municipal expenses covering costs related to licensing, administation, and enforcement of medical marijuana dispensary establishments. Annual renewal application fees of any medical marijuana dispensary business license shall be as set forth by resolution adopted by the Board of City Commissioners.
F. Business license Fee: No person shall operate or maintain a medical marijuana establishment without having previously paid the associated and annual business license fee. The business license fee shall be as set forth by resolution adopted by the Board of City Commissioners.
G. Application Fees And Annual Renewal Fees Are Non-Refundable: The application fees and annual renewal fees shall be paid at the time of the submission of an application for a business license and are not prorated.
H. Location Restrictions For Medical Marijuana Dispensary:
1. A medical marijuana dispensary business license 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 business license will not be granted to any applicant where the proposed location is not within C-General Commercial District zoning.
I. Conditions Of Operation For Commercial Medical Marijuana Dispensary:
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 Waurika.
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. 05112020-04, 5-11-2020; amd. Ord. 11082021-11, 11-8-2021)