As used in this Chapter, unless the context in which used clearly
requires a different meaning, the following words and phrases shall
mean:
means the controlled substances designated in the Code of
Federal Regulations Title 21, Chapter II, Part 1308.
or "Operator" means the PRF (person responsible for a medical
marijuana facility) for such dispensary, as defined in OHA rules.
means all parts of the plant of the 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, as may be defined by Oregon Revised Statutes
as they currently exist, or may from time to time be amended. 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, salt, derivative mixture or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, cake or
the sterilized seed of the plant which is incapable of germination.
means all parts of marijuana plants that may be used to treat
or alleviate a qualified patient's debilitating medical condition
or symptoms associated with the patient's debilitating medical condition.
or "Dispensary" means any facility or operation designed,
intended or used for the purposes of delivering, dispensing or transferring
marijuana to Oregon Medical Marijuana Registry Identification Card
holders pursuant to ORS 475.300-475.346.
means the division of the State that administers the provisions
of the Oregon Medical Marijuana Act and all policies and procedures
pertaining thereto as set forth in state law.
means the state medical marijuana registry program administered
by the Oregon Health Authority Public Health Division.
means a person who has been issued a medical marijuana card
from the Oregon Health Authority to engage in the medical use of marijuana
and, if the person has a designated primary caregiver under ORS 475.312,
the person's designated primary caregiver.
(Ord. No. 3434, § 1, 9-22-2014)
The purpose of this Chapter is to ensure that medical marijuana
dispensaries operated within the City limits of Roseburg are in full
compliance with the requirements of the Oregon Medical Marijuana Act
as well as, the City's land use and development regulations, building
and fire codes and all provisions of this Chapter, and to ensure safe
access to medical marijuana for patients registered through the Oregon
Medical Marijuana Program, while protecting the health, safety and
welfare of the citizens of Roseburg.
(Ord. No. 3434, § 1, 9-22-2014)
A.
Operator's
License Application. Pursuant to the provisions of this Chapter, no
person shall operate a medical marijuana dispensary within the City
without first obtaining a medical marijuana dispensary operator's
license from the City Recorder. Applications for a medical marijuana
dispensary operator's license shall be available from the City Recorder's
Office. Completed applications must be submitted to the City Recorder
along with a copy of the applicant's OMMP registration certificate
issued by the Oregon Health Authority pursuant to ORS 475.300 - 475.346,
a copy of the applicant's driver's license or other government-issued
photo identification, a current passport sized photograph of the applicant
and payment of the original operator's application investigation fee
and license fee as set by Council resolution. The application shall
require the following information:
1.
The
business name, mailing address, physical location and telephone number
under which the medical marijuana dispensary shall be operated;
2.
The
days and hours during which the dispensary shall be open for business;
3.
The
true name, residence address, date and place of birth and driver's
license number or other government-issued photo identification number
of the person intending to operate the dispensary;
4.
A
statement that the dispensary operator shall at all times comply with
the regulations established by the Oregon Health Authority and this
Chapter, as well as all other state and local laws relating to the
dispensing and distribution of medical marijuana, including the City's
land use and development regulations, building codes and fire codes
relating to such dispensaries;
5.
A
statement whether the dispensary operator has been convicted within
the past seven years of any felony or of any misdemeanor that relates
to fraud, theft or the manufacture or delivery of a Schedule I or
Schedule II controlled substance.
6.
A
statement that the dispensary operator shall not employ, or accept
volunteer services from, any person to dispense medical marijuana
or perform any other dispensary-related tasks, whom has not obtained
a medical marijuana dispenser's permit from the City; and
7.
Any
other information the City Recorder deems relevant and necessary to
conduct any investigation or background check (including fingerprints)
of the applicant and to ensure the proper protection of the public
health, safety and welfare. All information provided on the operator's
application must be kept current at all times; any change in such
information must be reported to the City Recorder's office within
10 days of such change.
B.
Term of Dispensary Operator's License. Licenses to operate a medical marijuana dispensary shall be issued on a calendar year basis for a term of one year or portion thereof beginning upon the date of approval of the original application. Persons issued a dispensary operator's license shall also be issued a medical marijuana dispenser's permit, but shall not be required to pay the permit fee set forth in Subsection 9.14.030(C) of this Chapter. All dispensary licenses shall expire on December 31st of the year issued. If a licensee intends to continue to operate the following license year, not less than thirty days prior to the license expiration, the licensee shall complete a license renewal application and pay the annual license fee. Criminal history checks will be performed on the original and each renewal application. A dispensary operator's license shall not be sold, assigned, mortgaged or otherwise transferred.
C.
Dispensary
Operator's License Fee. Upon submission of an original application
for a medical marijuana dispensary operator's license, the applicant
shall submit a non-refundable application investigation fee and the
annual license fee as set by Council resolution. If an applicant applies
for a medical marijuana dispensary license after July 1st, the annual
license fee shall be reduced by one-half for the remaining portion
of the first license year.
(Ord. No. 3434, § 1, 9-22-2014; Ord. No. 3519, § 2, 2-11-2019)
A.
Dispenser
Permit Application. No person shall be employed by, or provide volunteer
services for, a medical marijuana dispensary operator to dispense
medical marijuana to OMMP patients, or perform any other dispensary-related
tasks, without first obtaining a medical marijuana dispenser's permit
from the City Recorder. A dispenser's permit shall be required for
each OMMP facility at which a person dispenses or performs any other
dispensary-related tasks. Completed applications for a medical marijuana
dispenser's permit shall be submitted to the City Recorder, along
with a copy of the applicant's driver's license or other government-issued
form of identification, a current passport sized photograph of the
applicant and payment of the non-refundable application investigation
fee and dispenser's permit fee as set by Council resolution. The application
for a dispenser's permit shall provide the following information:
1.
The
name, address, telephone number and the name of the licensed operator
for which the dispenser will be employed by or provide volunteer services
for;
2.
The
applicant's true name, residence address, date and place of birth
and driver's license number or other government-issued photo identification
number;
3.
A
statement that the applicant is fully aware and knowledgeable of the
rules and regulations established by the Oregon Health Authority and
this Chapter, as well as all other state and local laws relating to
the dispensing and distribution of medical marijuana including the
City's land use and development regulations, building codes and fire
codes relating to such dispensaries; and
4.
A
statement whether the applicant has been convicted within the past
seven years, of any felony or of any misdemeanor that relates to fraud,
theft or the manufacture or delivery of a Schedule I or Schedule II
controlled substance.
5.
Any
other information the City Recorder deems relevant and necessary to
conduct any investigation or background check (including fingerprints)
of the applicant and to ensure the proper protection of the public
health, safety and welfare. All information provided on the dispenser's
application must be kept current at all times; any change in such
information must be reported to the City Recorder's office within
10 days of such change.
B.
Term
of Dispenser's Permit. Medical marijuana dispenser permits shall be
issued on a calendar year basis for a term of one year or portion
thereof beginning upon the date of approval of the original application.
All dispenser permits shall expire on December 31st of the year issued.
If a dispenser intends to continue dispensing for a licensed medical
marijuana dispensary operator the following year, not less than thirty
days prior to the permit expiration, the dispenser shall complete
a permit renewal application and pay the annual permit fee. Criminal
history checks will be performed on the original and each renewal
application.
C.
Dispenser's
Permit Fee. Upon submission of an original application for a medical
marijuana dispenser's permit, the applicant shall submit a non-refundable
application investigation fee and the annual permit fee as set by
Council resolution. If an applicant applies for a dispenser's permit
after July 1st, the annual permit fee shall be reduced by one-half
for the remaining portion of the first year of the permit.
(Ord. No. 3434, § 1, 9-22-2014; Ord. No. 3519, § 3, 2-11-2019)
Each licensed medical marijuana dispensary operator shall comply
with the following operating regulations in addition to any other
state or local rules and regulations:
A.
Medical
marijuana dispensaries shall open for business no earlier than 7:00
a.m. and close no later than 10:00 p.m. any day of the week.
B.
Medical
marijuana dispensaries must at all times be operated in strict compliance
with Oregon Administrative Rules, Oregon Revised Statutes, this Chapter,
building and fire codes and all other rules and regulations directly
or indirectly relating to medical marijuana and the receipt, distribution,
dispensing, transferring, advertising and packaging thereof, as well
as the security requirements, possession limits, and location and
zoning requirements of medical marijuana dispensaries.
C.
The
operator's certificate issued by the Oregon Health Authority and license
certificate issued by the City must be prominently displayed in an
easily visible location inside the dispensary at all times. All dispensers
employed by, or any person serving as a volunteer dispenser or providing
any other dispensary-related services for the dispensary operator,
must have their dispenser's permit issued by the City on their persons
at all times while working or volunteering at the dispensary.
D.
The
dispensary must not manufacture or produce any extracts, oils, resins
or similar derivatives of marijuana on-site and must not use open
flames or butane or other corrosive gases in the preparation of any
product.
E.
The
dispensary must be located in a permanent building and may not locate
in a trailer, cargo container or motor vehicle and shall not offer
drive-through or delivery services. Outdoor storage of merchandise,
raw materials or other material associated with the dispensary is
prohibited.
F.
No marijuana
or paraphernalia shall be displayed or kept in a dispensary so as
to be visible from the outside of the licensed premises. Marijuana
and tobacco products must not be inhaled (smoked or vaporized), ingested
(orally, sublingually or rectally), topically applied or otherwise
consumed, in any manner that creates any pharmaceutical effect or
chemical influences on a person while on the premises of the dispensary.
G.
The
dispensary must utilize an air filtration and ventilation system which,
to the greatest extent feasible, confines all marijuana-related odors
within the dispensary rather than allowing such odors to escape outside.
Sufficient measures and means of preventing odors, debris, fluids
and other substances from exiting the dispensary must be in effect
at all times.
H.
The
dispensary shall require each person who delivers, transfers or provides
marijuana to the dispensary to sign a written waiver/release stating
the person releases all claims to the marijuana and agrees that the
dispensary will destroy any marijuana that tests positive for pesticides,
mold or mildew. The dispensary will document who the marijuana was
received from, how much was received and the date it was destroyed.
The dispensary must provide for secure disposal of all marijuana that
has tested positive for pesticides, mold, or mildew as well as, all
remnants and by-products of all marijuana received, but shall not
place such material within the dispensary's exterior refuse containers.
I.
No minors
shall be allowed in the dispensary.
(Ord. No. 3434, § 1, 9-22-2014; Ord. No. 3536, § 1, 2-24-2020)
A.
For
purposes of confirming compliance with this Chapter, the City Manager,
or his designee shall be authorized to inspect the premises of a dispensary
and all dispensary financial, operational and facility information,
including books, records, payroll records and state and federal tax
returns. The operator shall be required to furnish the means, facilities
and opportunity for such inspection.
B.
As part
of the investigation of any crime which law enforcement officials
reasonably sus-pect has taken place in a dispensary or in connection
with the operation of a dispensary, upon request, the Roseburg Police
Department shall have the authority to view dispensary video surveillance
records and recordings, and audio records and recordings when available.
(Ord. No. 3434, § 1, 9-22-2014)
A.
By accepting
a medical marijuana dispensary operator's license or a dispenser's
permit issued pursuant to this Chapter, the licensee and/or permittee
waives and releases the City, its officers, elected officials, employees,
volunteers and agents from any liability for injuries, damages or
liabilities of any kind that result from any arrest or prosecution
of dispensary owners, operators, employees, volunteers, clients or
customers for a violation of federal, state or local laws and regulations.
B.
By accepting
a license or permit issued pursuant to this Chapter, the licensee
and/or permittee, jointly and severally, if more than one, agree to
indemnify and hold harmless the City, its officers, elected officials,
employees, volunteers and agents, insurers and self-insurance pool
against all liability, claims and demands on account of any injury,
loss or damage, including, without limitation, claims arising from
bodily injury, personal injury, sickness, disease, death, property
loss or damage, or any other loss of any kind what-soever arising
out of or in any manner connected with the operation of the medical
marijuana dispensary that is subject of the license.
(Ord. No. 3434, § 1, 9-22-2014)
A.
In addition to the grounds set forth in Chapter 9.100, the City Recorder may deny, suspend or revoke a dispensary operator's license or a dispenser's permit for failure to meet the requirements of this Chapter or to comply with the rules adopted by this Chapter or any other local or state requirement relating to medical marijuana facilities.
B.
A decision
to deny an application for an operator's license or a dispenser's
permit shall be submitted in writing setting forth the reasons therefore
and advising the applicant of the right to appeal the Recorder's decision
pursuant to RMC 9.100.
C.
A decision
to suspend or revoke an operator's license or a dispenser's permit
pursuant to this Section shall be in writing, setting for the reasons
therefore, and giving the operator or dispenser written notice by
first-class mail at least five days prior to the effective date of
the suspension or revocation. Such notice shall also advise the operator
or dispenser of the right to appeal the Recorder's decision pursuant
to RMC 9.100.
(Ord. No. 3434, § 1, 9-22-2014)
