Chapter 5.30
REGULATING MARIJUANA FACILITIES
Sections:
5.30.030 Regulations for medical marijuana establishments.
5.30.040 Regulations for recreational marijuana establishments.
5.30.050 Time, place and manner regulations.
5.30.060 License registration required.
5.30.090 Conditions of any approval.
Prior legislation: Ords. 15-391-O, 16-393-O and 16-395-O.
5.30.010 Purpose.
It is evident that regulations applicable to medical and recreational marijuana facilities are necessary to preserve the character, safety and stability of residential areas that are in proximity to such businesses. The purpose of this section is to establish regulations applicable to marijuana manufacturing, cultivating, infusion, packaging, testing, research, and sales, as defined in the Oregon Revised Statutes and in this title. [Ord. 18-403-O].
5.30.020 Definitions.
For purposes of this chapter, the following terms and business types are defined in this section:
“Business license” means an occupations tax registration issued by the city of Rogue River, Oregon, to engage in a marijuana business within the city limits.
“Business license representative” means an owner, director, officer, manager, employee, agent or other representative of a licensee, to the extent that the person acts in a representative capacity within the city limits.
“City” means the city of Rogue River, Oregon.
“City administrator” means the duly appointed city administrator of the city of Rogue River, Oregon.
“City council” means the duly sworn members of the city council for the city of Rogue River, Oregon.
“Consumer” means a person who purchases or consumes goods.
“Cultivation” means a location where marijuana is produced or cultivated for use by a medical marijuana qualifying patient including within a building, structure or premises used for the cultivation or storage of medical marijuana that is physically separate and off site from a medical marijuana facility.
“Dispensary” means an entity registered with OHA to transfer marijuana.
“Enforcement officer” means any person designated by the city administrator or city council to serve as an enforcement officer of the city of Rogue River, Oregon.
“Grow site” means location for planting, cultivating, growing, trimming, or harvesting marijuana or drying marijuana leaves or flowers.
“Infusion” means a facility or business that incorporates medical marijuana (cannabis) by means of cooking, blending, or incorporation into consumable/edible goods.
“Marijuana” means all parts of the plant cannabis family moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, sale, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of a plant which is incapable of germination.
“Marijuana processing site” means the location for compounding or converting marijuana into medical products, concentrates or extracts.
“Marijuana retailer” means a person who sells marijuana items to a consumer in this state.
“Medical marijuana” means all parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
“Medical marijuana dispensary” means a medical marijuana facility registered by the Oregon Health Authority under Oregon State statutes regulating marijuana sales and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to qualifying patients.
“Medical marijuana qualifying patient” means a registry identification cardholder (person who has been diagnosed by a physician as having a debilitating medical condition) as further defined by Oregon State statutes regulating marijuana sales.
“Oregon Health Authority (OHA)” means the agency charged with implementing the Oregon Medical Marijuana Act (OMMA).
“Oregon Liquor Control Commission (OLCC)” means the office within the state that regulates recreational marijuana establishments.
“Oregon Medical Marijuana Act (OMMA)” means the office within the Oregon Health Authority that administers the provisions of ORS 475B.300 through 475B.346, the Oregon Medical Marijuana Act, and all the policies and procedures pertaining thereto.
“Processing site” means an entity registered with the OHA to process marijuana.
“Processors” means an entity licensed by OLCC to process, compound or convert marijuana into products, concentrates or extracts, but does not include packaging or labeling.
“Producers” means to manufacture, plant, cultivate, grow or harvest.
“Recreational marijuana” means all parts of the genus cannabis whether growing or not, and the seed of such plants that may be sold to an individual.
“Recreational marijuana sales” means a marijuana facility registered by the Oregon Liquor and Cannabis Commission (OLCC) under Oregon State statutes regulating marijuana sales and that sells, distributes, transmits, gives, dispenses or otherwise provides marijuana to the public.
“Research” means public or private research of medical and recreational marijuana, including medical and agricultural research.
“Retailer” means an entity licensed by the OLCC to sell marijuana items to a consumer.
“RRMC” means the city of Rogue River Municipal Code.
“Sign” means any type of advertising of the business must be approved by the sign review board of the city of Rogue River, Oregon.
“Testing” means conducts tests of recreational and medical marijuana items.
“Transfer to user” means to transfer usable marijuana, immature marijuana plants, seed, and medical products, concentrates and extracts to patients and caregivers.
“Wholesaler” means an entity licensed by the OLCC to purchase marijuana items for resale to a person other than a consumer. [Ord. 23-418-O § 22; Ord. 18-403-O].
5.30.030 Regulations for medical marijuana establishments.
A. Medical marijuana facility businesses must abide by the Oregon Medical Marijuana Act (OMMA) and may be granted a business license by the city administrator in accordance with the requirements of the zoning district in which the business is proposed, and in accordance with the following regulations:
1. Evidence that the business is currently registered under the state of Oregon’s medical marijuana facility registration system under Oregon State statutes regulating marijuana sales and the city of Rogue River, Oregon;
2. The business shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle;
3. Facilities may not locate in residential zones, may not be located at the same address as a grow site and the lot may not be within 1,000 feet of any lot upon which there is located an educational institution, public or private elementary, middle and high school or parochial elementary or secondary school; nor within 1,000 feet of the closest wall of any business upon which there is located another marijuana facility business;
4. The exterior appearance of the structure shall be consistent with the appearance of existing structures on abutting lots or within the immediate area, so as not to cause blight, deterioration, or avoidable depreciation in property values within the general vicinity;
5. The business shall be permitted an identification sign but shall not exhibit advertisements, displays, or any other promotional or advertising materials that may be visible to the public outside the structure;
6. No marijuana facility business, as defined in this chapter, shall be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.;
7. Cultivation, infusion, or ingestion of marijuana at the site of the facility is prohibited;
8. The business shall provide for secure disposal of marijuana remnants or byproducts; such remnants or byproducts shall not be placed within the facility’s exterior refuse containers; and such remnants shall not be disposed of on site or anywhere within the city’s wastewater system;
9. Drive-through services are prohibited.
B. Applicants for licenses under this chapter must file with the city recorder a sworn application in writing for the license which shall give the following information:
1. The name of the applicant;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and goods to be sold, if any;
4. Length of time for which the right to do business is desired;
5. The location of the proposed medical marijuana facility business.
C. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine as defined by Chapter 5.05 RRMC. [Ord. 23-418-O § 21; Ord. 18-403-O].
5.30.040 Regulations for recreational marijuana establishments.
A. Recreational marijuana sales businesses may be granted an occupation tax registration license in accordance with the requirements of the zoning district in which the business is proposed, and in accordance with the following regulations:
1. Evidence that the business is currently registered under the state of Oregon’s recreational marijuana sales facility registration system under Oregon State statutes regulating recreational marijuana sales;
2. The business shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle;
3. Facilities may not locate in residential zones, may not be located at the same address as a grow site and the lot may not be within 1,000 feet of any lot upon which there is located an educational institution, public or private elementary, middle and high school or parochial elementary or secondary school; nor within 1,000 feet of the closest wall of any business upon which there is located another marijuana facility business;
4. The exterior appearance of the structure shall be consistent with the appearance of existing structures on abutting lots or within the immediate neighborhood, so as not to cause blight, deterioration, or avoidable depreciation in property values within the general vicinity;
5. The business shall be permitted an identification sign but shall not exhibit advertisements, displays, or any other promotional or advertising materials that may be visible to the public outside the structure;
6. No recreational marijuana business, as defined in this chapter, shall be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.;
7. Cultivation, infusion, or ingestion of marijuana at the site of the business is prohibited;
8. The business shall provide for secure disposal of marijuana remnants or byproducts; such remnants or byproducts shall not be placed within the facility’s exterior refuse containers; and such remnants shall not be disposed of on site or anywhere within the city’s wastewater system;
9. Drive-through services are prohibited;
10. Must show proof of an inspection conducted by the Fire Marshal; and
11. Must abide by all city ordinances.
B. Applicants for licenses under this chapter must file with the city administrator a sworn application in writing for the license which shall give the following information:
1. The name of the applicant;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and goods to be sold, if any;
4. Length of time for which the right to do business is desired;
5. The location of the proposed recreational marijuana sales business.
C. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine as defined by Chapter 5.05 RRMC. [Ord. 18-403-O].
5.30.050 Time, place and manner regulations.
State statutes for both medical and recreational marijuana facilities provide that local governments may impose reasonable regulations on the time, place and manner of operation of marijuana facilities as follows:
A. The hours of operation of recreational marijuana producers, processors, wholesalers, and retailers and medical marijuana grow sites, processing sites and dispensaries;
B. The location of recreational marijuana producers, processors, wholesalers and retailers, as well as medical marijuana grow sites, processing sites and dispensaries, except that a city may not impose more than a 1,000-foot buffer between recreational and marijuana retailers;
C. The manner of operation of recreational marijuana producers, processors, wholesalers and retailers; production and processing by marijuana researchers; and medical marijuana grow sites, processing sites and dispensaries; and
D. The public’s access to the premises of recreational marijuana producers, processors, wholesalers and retailers, as well as medical marijuana grow sites, processing sites and dispensaries. [Ord. 18-403-O].
5.30.060 License registration required.
No person, or his employee or agent, shall engage in or conduct within the city any marijuana business unless the license fee has been paid and an occupation tax registration license has been issued as provided herein. No person, his employee or agent shall engage in or conduct within the city any marijuana business unless the person possesses a current registration under the state’s marijuana facility registration system. The city shall not issue an occupation tax registration license to any marijuana business while a moratorium is in effect prohibiting the operation of such business. [Ord. 18-403-O].
5.30.070 License period.
The license for businesses shall be for annual periods commencing on July 1st of each year. License renewals shall be consistent with all city of Rogue River occupation tax registration renewal criteria. [Ord. 18-403-O].
5.30.080 License fees.
The license fee to be charged by the city designee for a marijuana facility, tester, research, manufacturer, retailer, producer, processor or wholesaler shall be as set forth by resolution as described in the city of Rogue River occupation tax registration application form. [Ord. 18-403-O].
5.30.090 Conditions of any approval.
The city council or its designee may, at its discretion, place any relevant/applicable conditions, which may include references to license/permit revocation at any time based on a consistent and/or continuous litany of valid complaints of any person/business located within 250 feet of the subject property. These conditions will be placed on any approval as deemed necessary to adequately assess the social, economic or other impacts of the proposed business. [Ord. 18-403-O].
5.30.100 Enforcement.
The enforcement of this chapter shall be enforced by any authorized enforcement officer of the city of Rogue River, Oregon. [Ord. 18-403-O].
5.30.110 Penalties.
A violation of this chapter shall be punishable by a fine not to exceed $1,000. Every day the violation continues or is permitted to continue in violation of this chapter shall be considered a separate offense. Offenses under this section shall be tried in the Rogue River municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court-appointed counsel. [Ord. 18-403-O].
5.30.120 Severability clause.
If any portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 18-403-O].