[Added 9-27-2018, Ordinance
2018-06; amended 7-30-2019 by Ord. No. 2019-04]
1.
COMMERCIAL MEDICAL MARIJUANA GROWING
MEDICAL MARIJUANA DISPENSARY
MEDICAL MARIJUANA GROWING FOR PERSONAL USE
MEDICAL MARIJUANA WHOLESALE AND/OR STORAGE FACILITY
As used in this article, the following terms shall have the meanings
indicated:
Any medical marijuana growing licensed by the State of Oklahoma
to grow medical marijuana in excess of 12 plants. "Growing" includes
the cultivation, manufacturing, processing, packaging, and distribution
of marijuana and marijuana products.
Any retail medical marijuana establishment licensed by the
State of Oklahoma and the City of Weatherford to sell or dispense
medical marijuana or medical marijuana products.
Any individual licensed by the State of Oklahoma and the
City of Weatherford to grow up to 12 plants within a single residence
for personal medical use.
Any wholesale or storage establishment licensed by the State
of Oklahoma and the City of Weatherford that acquires, possesses,
stores, delivers, transfers, transports, supplies, sells or dispenses
marijuana or related supplies and educational materials to the holder
of a valid medical marijuana dispensary license.
2.
The City hereby adopts all other terms and definitions as established
by state law or Department of Health regulations. In the event of
a conflict between any definitions contained herein, the definition
promulgated by the state or the Department of Health shall prevail.
[Added 9-27-2018, Ordinance
2018-06; amended 7-30-2019 by Ord. No. 2019-04]
1.
Applicants for any license contained herein shall be required to
possess a valid State of Oklahoma-issued medical marijuana license,
or a conditional license, prior to making application for the City
license.
2.
The license outlined in this section will be subject to property
inspection by an authorized City Inspector prior to issuance to ensure
compliance with all codes of the City.
3.
The property inspection will occur at a time scheduled and approved
by both the applicant and the City Inspector.
4.
The applicant will be required to be present during the inspection.
5.
All structures, equipment and apparatuses shall comply with all building
and fire codes adopted by the State of Oklahoma and the City of Weatherford.
6.
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.
7.
A nonrefundable license fee, as established in this chapter, shall
be paid at the time the application is submitted.
8.
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 article.
9.
All medical marijuana dispensary, commercial medical marijuana growing,
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.
10.
The license holder shall remit all required state and City sales
taxes.
11.
The City-issued license must be conspicuously posted at the place
of business.
12.
It is the intent of the City of Weatherford that nothing in the Medical
Marijuana Ordinance be construed to:
13.
Additional Regulations:
a.
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.
b.
Smoking and vaping marijuana shall be prohibited on all City property
including vehicles, buildings, parks or other facilities.
c.
Revocation or suspension of municipal-issued marijuana license.
(1)
The City Building Inspector or designee shall revoke or suspend
a license issued under this section on any of the following grounds:
(a)
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;
(b)
Violation of City ordinance, state law, or Department of Health
regulations governing medical marijuana.
d.
Any person or entity applying for or issued a license by the City
of Weatherford shall comply with all state law and Department of Health
rules and regulations, as may be amended from time to time.
e.
Revocation of the state-issued license shall result in immediate
revocation of the City-issued license.
[Added 9-27-2018, Ordinance
2018-06; amended 7-30-2019 by Ord. No. 2019-04]
Medical marijuana dispensaries are hereby allowed within the municipal boundaries of Weatherford, Oklahoma upon compliance with Section 5-171, issuance of a Retail Medical Marijuana Dispensary Business License and the following additional provisions.
2.
A medical marijuana dispensary license shall not be granted to any
applicants located where a Main Street address or a building with
an exterior wall bordering Main Street between Airport Road and Highway
54 within the municipal boundaries of the City of Weatherford, Oklahoma.
a.
A retail marijuana establishment permit will not be granted to any
applicants where the proposed location would be located within 1,000
feet of any of the following uses:
b.
For the distance requirements outlined in this section, the distances
described shall be computed by direct measurement in a straight line
from the nearest property line of the proposed medical marijuana dispensary
to the nearest entrance of the building or unit described above.
3.
Sign Restrictions. No pictures, photographs, drawings or other depictions
of marijuana or marijuana paraphernalia shall appear on the outside
of any permitted premises not be visible outside of the permitted
premises on the permitted property. The words "marijuana," "cannabis"
and other words used or intended to convey the presence or availability
of marijuana shall not appear on the outside of the permitted premises
nor be visible outside of the permitted premises on the permitted
property.
4.
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 retail establishment must maintain a valid sales tax permit issued
by the State of Oklahoma.
c.
No on-premises use of marijuana or its derivatives shall be allowed.
d.
Any violations of this section will result in the revocation of the
retail medical marijuana dispensary license.
e.
The requirements set forth in this article shall be in addition to,
and not in lieu of, any other licensing or permitting requirements
imposed by applicable federal, state or local laws, regulations, codes
or ordinances. No permit issued under this article may be assigned
or transferred to any other person unless the assignee or transferee
has submitted an application and all required fees under this article
and has been granted a permit by the City of Weatherford. No permit
issued under this article is transferrable to any other location except
for the permitted premises on the permitted property.
f.
The current permit issued under this article shall be prominently
displayed at the permitted premises in a location where it can be
easily be viewed by the public, law enforcement and administrative
authorities.
g.
Acceptance by the permit holder of a permit constitutes consent by
the permit holder and it's owners, officers, manager, agents and employees
for any state, federal or local law enforcement to conduct random
and unannounced inspections of the facility and all articles of property
in that facility during normal business hours to ensure compliance
with this article and other local regulations, and with the permit.
h.
Operational hours: No medical marijuana dispensary shall operate
between the hours of 8:00 p.m. and 8:00 a.m.
i.
License holders shall at all times maintain a security system that
meets state law requirements.
j.
An application for a retail marijuana dispensary permit shall be
submitted to the City Clerk, and shall contain the following information:
(1)
The name, address, phone number and email address of the proposed
permit holder and the proposed retail medical marijuana dispensary
location; and
(2)
The names, home addresses and personal phone numbers for all
owners, directors, officers and managers of the permit holder and
the retail marijuana establishment facility.
5.
There shall be a business license fee and an annual renewal fee as
designated by the Weatherford City Commission. The annual business
license will expire on June 30 and shall be renewed prior to July
1 of each year. Failure to renew will result in a penalty fee equal
to the cost of an initial application and license fee and shall require
reinspection as required by City Code.
[Added 7-30-2019 by Ord.
No. 2019-04]
Commercial medical marijuana growing facilities are hereby allowed
within the municipal boundaries of Weatherford, Oklahoma upon compliance
with Code requirements as to issuance of a commercial medical marijuana
growing license and the following additional provisions:
2.
Conditions of Operation:
a.
The facility shall be secure with limited access.
b.
The establishment must maintain a valid sales tax permit issued by
the State of Oklahoma.
c.
The facility 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.
d.
The growing area including any lighting, plumbing or electrical components
used shall comply with all building and fire codes adopted by the
State of Oklahoma and the City of Weatherford.
e.
The growing area must be properly ventilated so as not to create
humidity, mold or other related problems.
f.
Growing medical 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.
3.
There shall be a business license fee and an annual renewal fee as
designated by the Weatherford City Commission. The annual business
license will expire on June 30 and shall be renewed prior to July
1 of each year. Failure to renew will result in a penalty fee equal
to the cost of an initial application and license fee and shall require
reinspection as required by City Code.
[Added 7-30-2019 by Ord.
No. 2019-04]
Medical marijuana wholesale and/or storage facilities are hereby allowed within the municipal boundaries of Weatherford, Oklahoma, upon compliance with § 5-171, issuance of a medical marijuana wholesale and/or storage facility license, and the following additional requirements:
2.
Conditions of Operations:
a.
The facility shall be secure with limited access.
b.
Buildings where medical marijuana is stored or dispensed must be
equipped with ventilation/air filtration systems so that no odors
are detectable off premises.
c.
The retail establishment must maintain a valid sales tax permit issued
by the State of Oklahoma.
3.
There shall be a business license fee and an annual renewal fee as
designated by the Weatherford City Commission. The annual business
license will expire on June 30 and shall be renewed prior to July
1 of each year. Failure to renew will result in a penalty fee equal
to the cost of an initial application and license fee and shall require
reinspection as required by City Code.
[Added 7-30-2019 by Ord.
No. 2019-04]
In addition to other penalties or legal consequences provided
under applicable under federal, state and local law, regulations,
codes and ordinances:
1.
Willful violations of the provisions of this article or failure to
comply with any of the requirements of this article shall constitute
a misdemeanor.
2.
Violations of the provisions of this article shall result in the
revocation of the relevant medical marijuana permit.
3.
In addition to any other remedies, the City of Weatherford may institute
proceedings for injunction, mandamus, abatement or other appropriate
remedies to prevent, enjoin, abate or remove any violations of this
article. The rights and remedies provided herein are both civil and
criminal in nature. The imposition of any fine, jail sentence or forfeiture
shall not exempt the violator from compliance with the provisions
of this article.
