A. State Licensing Requirement: All operators of a commercial grower within the City must maintain a valid commercial establishment license from the Oklahoma Departnent of Health. Each person operating a commercial grower within the City shall provide the City with a copy of their commercial establishment license issued by the Oklahoma Departnent of Health prior to commencing operation and shall firther 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 commercial grower within the City must obtain a commercial grower business license prior to commencing operation. Prior to issuance of a commercial grower business license, the physical address of the proposed commercial grower 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 structrues, 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 A Commercial Grower business license: Any person seeking to obtain a commercial grower 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 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 other than a licensed and permitted dispensary, processor, testing facility, education or research facility;
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 commercial grower;
b. A valid, unexpired driver's license or state issued ID 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 the marijuana growing for consideration of the application.
D. Application Fee: 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, administation, and enforcement of medical marijuana commercial grower 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 commercial grower establishments. Annual renewal application fees of any medical marijuana commercial grower 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 Commercial Grower:
1. A medical marijuana grow facility business license will not be granted to any applicant where the proposed location is not within A- General Agricultural District Zoning.
I. Conditions Of Operation For Commercial Medical Marijuana Grower:
1. All commercial medical marijuana grower facilities shall be located within an entirely enclosed and secured structure.
2. All commercial medical marijuana grower facilities must be constructed in such a manner that the growing of the medical marijuana plants cannot be seen by the public from the public right-of-way.
3. All commercial medical marijuana grower facilities 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 commercial medical marijuana grower facilities must be properly vented so as to not create humidity, mold or other related problems.
5. All commercial medical marijuana grower facilities shall be fully secured by having limited access and locked doors. All medical marijuana grower facilities must be properly secured with an alarm system.
6. If medical marijuana growers use any products, such as pesticides or other chemicals used in the cultivation process, including certain solvents or other chemicals used in the production of marijuana concentrate, and flammable solvents for the pqpose of producing a marijuana concentrate, such as, butane, ethanol, or other solvents, they are all considered hazardous waste. Hazardous wastes must be disposed of properly by a registered hazardous waste transporter shipping to a hazardous waste fieatnent, storage and disposal facility (TSDF) and comply with Federal regulations.
7. All commercial medical marijuana grower facilities shall be conducted in a manner that does not constitute a public nuisance. A public nuisance may be deemed to exist if growing 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.
8. 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; Ord. 04122021-01, 4-12-2021)