Chapter 5.36
PSILOCYBIN SERVICE CENTERS
Sections:
5.36.030 Psilocybin service centers.
5.36.050 Violations and enforcement.
5.36.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter are as follows:
“Client administration area” means any area within the licensed premises of a service center where:
1. Psilocybin products may be transferred to a client;
2. Psilocybin products may be consumed by a client; and
3. Administration sessions may take place.
“Service center” means a premises licensed under ORS 475A.305. (Ord. 22-07 § 1 (Exh. A), 2022).
5.36.030 Psilocybin service centers.
All psilocybin service centers within the city shall be located entirely indoors within a permanent enclosed structure with a roof and shall:
A. All client administration areas shall be within an entirely enclosed building.
B. Psilocybin service centers under this section may be open to the public between the hours of 7:00 a.m. and 10:00 p.m.
C. New psilocybin service centers shall be no closer than 1,000 feet of another psilocybin service center. The distance between the retailers shall be computed by direct measurement of the nearest portion of the building in which one psilocybin service center is located to the nearest portion of the building in which the other psilocybin service center is located.
D. Comply with all applicable state regulations.
E. Comply with applicable city design standards with security bars or grates prohibited unless integrated into the design. (Ord. 22-07 § 1 (Exh. A), 2022).
5.36.050 Violations and enforcement.
A. The establishment, maintenance or operation of a psilocybin service center by a person, business or any other entity within the city in violation of the requirements of this chapter will be subject to any and all enforcement remedies available to the city under law and/or this code including but not limited to enforcement pursuant to Chapters 1.08 and 8.07 SMC and/or the filing of an appropriate action and pursuit of an appropriate remedy in a court of competent jurisdiction.
B. The establishment, maintenance or operation of a psilocybin service center by a person, business or any other entity within the city in violation of the requirements of this chapter is declared to be a public nuisance. The city may abate a nuisance under this chapter either pursuant to Chapter 8.04 SMC or it may pursue any other remedies available to it, including but not limited to an action seeking declaratory relief and/or injunctive relief.
C. If the city brings an action in either law or equity in any of the courts of this state (including the U.S. District Court for the District of Oregon) other than its municipal court for the enforcement of this chapter, the city shall be entitled to the award of its reasonable attorney fees in the event it is the prevailing party. (Ord. 22-07 § 1 (Exh. A), 2022).