City of El Reno, OK Article III Retail Marijuana Establishments

[Adopted 9-27-2018 by Ord. No. 9161; amended in its entirety 9-12-2023 by Ord. No. 9334]

§ 147-16 Definitions.

When used in this Code, words and phrases shall have the meaning as defined pursuant to the rules adopted by the Oklahoma State Department of Health, Oklahoma Administrative Code § 310:681-1-1, et seq., and as they may be amended from time to time.

§ 147-17 Restrictions on marijuana.

The growing, possession, processing, transporting, sale, or use of marijuana within the City is limited to that authorized by this Chapter 147 and by state law, 63 Okla. Stat. § 420A, et seq. Any growing, possession, processing, transporting, sale, or use of marijuana within the City that is not authorized in, or without having obtained the applicable permit provided in this article, shall constitute an offense and, upon conviction, shall be punished as authorized in § 1-10 of this Code.

§ 147-18 Restrictions applicable to all permits.

A. All permits issued pursuant to this Chapter 147 shall be displayed in a conspicuous place at all times on the permitted premises. No permit holder may consent to or allow the use or display of the permit by a person other than the person to whom the permit was issued. No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises or location for which the permit is issued. Permits issued cover only the person or entity named in the permit and shall not be refundable or transferable.

B. All permits issued shall expire one year after the issuance of the permit.

C. Any violations of this article will result in the revocation of the applicable annual permit.

D. No annual permit fee shall be prorated.

E. The upcoming or following year's annual permit fee must be paid prior to the Community Development Department signing the Certificate of Compliance for Oklahoma Medical Marijuana Businesses form.

§ 147-19 Permit inspections and other requirements.

A. All permits outlined in this article will be subject to inspection of the facilities by an authorized municipal inspector prior to issuance or renewal of the annual permit, or other times deemed necessary to verify compliance with all applicable regulations.

B. The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.

C. The applicant will be required to be present during the inspection.

D. The smell or noxious odor emitted from smoking or consumption of marijuana by a person possessing a valid state issued medical marijuana license shall be treated as a public nuisance.

E. Compliance with all building, fire, zoning, and any other applicable codes shall be required prior to issuance of a permit.

F. The disposal of marijuana waste by means of incineration, grinding, composting, open burning or mulching shall be considered a separate land use, and shall only be conducted by entities licensed by the Oklahoma Medical Marijuana Authority to dispose of marijuana waste.

(1) Marijuana waste incinerators shall be permitted through the Building and Fire Departments prior to use.

(2) Open burning of marijuana waste shall be conducted only through a permitted and approved method from the Fire Marshal.

(3) Disposal by grinding, composting, or mulching shall be conducted only after third-party inspection of the waste product for potential hazardous waste concentrations. Records of said inspections shall be kept on site for a period of no less than one year and shall be made available for inspection by the municipal inspector upon request.

(4) All other methods of marijuana waste disposal not listed in this section shall not be conducted within the corporate limits of the City of El Reno.

G. All annual permits shall expire one year after the date of initial issuance, when the business ceases operation at the permitted location, upon failure to remit a copy of the commercial license from the Oklahoma Medical Marijuana Authority, or the expiration and nonrenewal of the commercial license from the Oklahoma Medical Marijuana Authority, whichever first occurs.

H. Buildings where medical marijuana is grown, processed, stored or dispensed must be equipped with:

(1) Ventilation/air filtration systems so that no odors are detectable off premises.

I. The growing, processing, storage, or otherwise keeping of marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the growing, storing, or processing of 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.

J. All facilities must meet the design and operational requirements established by the Oklahoma Medical Marijuana Authority, the Oklahoma Bureau of Narcotics, and other agencies with applicable regulatory authority.

§ 147-20 Prohibited acts.

A. No commercial marijuana establishment shall allow the consumption of alcohol, medical marijuana, or medical marijuana products on the premises.

B. No commercial marijuana establishment shall employ any person under the age of 18.

C. Smoking or using marijuana shall be prohibited on all City property, including but not limited to vehicles, buildings, parks or other facilities.

D. It is the intent of the City that nothing in this article be construed to:

(1) Allow persons to engage in conduct that endangers or causes a public nuisance;

(2) Allow the use of marijuana for nonmedical purposes; or

(3) Allow any activity that is otherwise illegal and not permitted by state law.

§ 147-21 Medical marijuana retailer permit requirements.

A. All retailers of medical marijuana are required to obtain an annual medical marijuana retailer permit and an annual business license from the Community Development Department.

B. The annual medical marijuana retailer permit fee shall be the amount set forth in § 147-31 of this Code. The fee shall be used to offset municipal expenses covering costs related to permitting, inspection, administration and enforcement of retail marijuana establishments.

C. A medical marijuana retailer permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code, or within a restricted area as hereinafter set forth.

§ 147-22 Medical marijuana retailer location restrictions.

A. A medical marijuana retailer permit will not be granted to any applicant where the proposed location would be located within 1,000 feet of any private or public preschool, elementary, secondary, vocational or trade school, college or university, nor within 300 feet of the following locations:

(1) Any public playground;

(2) Any place of worship or religious assembly;

(3) Any public park, pool, or recreation facility; or

(4) Any juvenile or adult halfway house, correctional facility or substance abuse rehabilitation or treatment center.

B. For the distance requirements outlined in this article, 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 Subsection A above is located to the nearest property line of the building or unit in which the proposed medical marijuana retailer establishment would be located.

§ 147-23 Medical marijuana retailer conditions of operation.

A. Buildings where medical marijuana is stored or dispensed must be equipped with ventilation/air filtration systems so that no odors are detectable off premises.

B. The medical marijuana retailer establishment must collect the applicable sales tax on all sales.

C. Any violations of this section will result in the revocation of the medical marijuana retailer permit.

§ 147-24 Medical marijuana grower permit requirements.

A. All commercial growers of marijuana are required to obtain an annual marijuana commercial grower permit and an annual business license from the Community Development Department.

B. The annual marijuana commercial grower permit fee shall be the amount set forth in § 147-31 of this Code. The fee shall be used to offset municipal expenses covering costs related to permitting, inspection, administration and enforcement of retail marijuana establishments.

C. A marijuana commercial grower permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code.

§ 147-25 (Reserved)

§ 147-26 Medical marijuana grower conditions of operation.

A. A marijuana commercial grower permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code.

B. Growing of marijuana pursuant to a marijuana commercial grower permit shall be within an enclosed structure of substantial construction. The facility shall be secured with limited access. Doors, windows, gates, and other potential access points to the growing area shall be secured at all times.

C. The marijuana commercial grower facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right-of-way.

D. Marijuana commercial grower facilities shall have an engineered ventilation and filtration system installed prior to issuance of a certificate of occupancy and must be kept in good working order at all times.

E. Growing marijuana shall not be conducted in a manner that constitutes 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.

F. The growing area, including any lighting, plumbing or electrical components used shall comply with city building, fire and other applicable codes.

§ 147-27 Medical marijuana processor permit requirements.

A. All marijuana processors are required to obtain an annual marijuana processor permit and an annual business license from the Community Development Department.

B. The annual marijuana processors permit fee shall be the amount set forth in § 147-31 of this Code. The fee shall be used to offset municipal expenses covering costs related to permitting, inspection, administration and enforcement of marijuana processing facilities.

C. A marijuana processors permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code.

§ 147-28 (Reserved)

§ 147-29 Medical marijuana processor conditions of operation.

A. Buildings where marijuana processing occurs must be equipped with ventilation/air filtration systems so that no odors are detectable off premises and kept in good working condition.

B. The marijuana processor facility must collect the applicable sales tax on all sales.

C. Processing of marijuana pursuant to a marijuana commercial processor permit shall be within an enclosed structure of substantial construction. The facility shall be secured with limited access. Doors, windows, gates, and other potential access points to the growing area shall be secured at all times.

§ 147-30 Marijuana growing facilities for personal medical use.

All medical marijuana growth facilities for personal medical use shall be governed by 63 O.S. § 427.12, as it may be amended from time to time.

§ 147-31 Establishing fees.

Marijuana business and personal use permits fees set by resolution.

§ 147-32 Medical marijuana transporter permits and conditions of operation.

A. All commercial transporters of marijuana are required to obtain an annual marijuana commercial transporter permit and an annual business license from the Community Development Department.

B. The annual marijuana commercial transporter permit fee shall be the amount set forth in § 147-31 of this Code. The fee shall be used to offset municipal expenses covering costs related to permitting, inspection, administration and enforcement of retail marijuana establishments.

C. A marijuana commercial transporter permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code.

D. Any storage of marijuana or marijuana products pursuant to a marijuana commercial transporter permit shall be within an enclosed structure designated for storage purposes. The facility shall be secured with limited access. Doors, windows, gates, and other potential access points shall be secured at all times.

E. All storage locations shall be constructed in such a manner that marijuana and marijuana products cannot be seen by the public from a public right-of-way.

F. Locations for storage of marijuana or marijuana products pursuant to a marijuana commercial transporter permit shall have an engineered ventilation and filtration system installed prior to issuance of a certificate of occupancy and shall be kept in good working order.

G. Storage of marijuana or marijuana products on premises in any location other than the approved location with approved ventilation and filtration, or in any outdoor location, shall be a violation of this Code.

H. The storage or transportation of marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if business operations produce 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.

§ 147-33 Medical marijuana laboratories and waste disposal facilities.

A. All marijuana laboratories and waste disposal facilities are required to obtain an annual marijuana processor permit and an annual business license from the Community Development Department.

B. The permit fee for establishment of a marijuana laboratory or marijuana waste disposal facility shall be the amount set forth in § 147-31 of this Code. The fee shall be used to offset municipal expenses covering costs related to permitting, inspection, administration and enforcement of marijuana processing facilities.

C. A marijuana laboratory or waste disposal permit will not be granted to any applicant where the proposed location is located outside an approved zoning district as set forth in Chapter 361 of this Code.

D. Medical marijuana laboratories and all waste disposal facilities, with the exception of open burning, shall be within an enclosed structure. The facility shall be secured with limited access. Doors, windows, gates, and other potential access shall be secured at all times. Open burning shall be conducted in accordance with the regulations of the Fire Marshal.

E. All storage locations shall be constructed in such a manner that marijuana and marijuana products cannot be seen by the public from a public right-of-way.

F. Medical marijuana laboratories and waste disposal facilities shall have an engineered ventilation and filtration system installed for any location where marijuana or marijuana products will be stored, tested, or disposed of, prior to issuance of a certificate of occupancy and kept in good working order.

§ 147-34 through § 147-41. (Reserved)