Editor's note(s)—Ord. No. 3451, § 1, adopted Oct. 13, 2015, repealed Ch. 9.15, which pertained to Marijuana Tax and derived from Ord. No. 3438, § 1, adopted Oct. 27, 2014. Subsequently, Ord. No. 3457, § 1, adopted Feb. 8, 2016, enacted new provisions to read as herein set out.
As used in this Chapter, unless the context in which used clearly requires a different meaning, the following words and phrases shall mean:
"CFR schedule I or schedule II"
means the controlled substances designated in the Code of Federal Regulations Title 21, Chapter II, Part 1308.
"Cannabinoid"
means any of the chemical compounds that are the active constituents of marijuana. "Consumer" means a person who purchases, acquires, owns, holds or uses marijuana items other than for the purpose of resale.
"Marijuana"
means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae, but does not include industrial hemp as defined in ORS 571.300.
"Marijuana items"
means marijuana, cannabinoid products, concentrates and extracts.
"Marijuana processor"
means a person who processes, compounds or converts marijuana into useable products, including edibles, skin and hair products, concentrates or extracts within the City of Roseburg or in the State of Oregon.
"Marijuana producer"
means a person who grows and produces marijuana within the City of Roseburg or in the State of Oregon.
"Marijuana retailer"
means a person who sells marijuana items to a consumer within the City of Roseburg or in the State of Oregon.
"Marijuana wholesaler"
means a person who purchases marijuana items within the City of Roseburg or the State of Oregon for the purpose of reselling such items to a person other than a consumer.
"Medical marijuana dispensary"
means a facility or operation licensed by the Oregon Health Authority and 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; and operating under a license obtained pursuant to Chapter 9.14 of the Roseburg Municipal Code.
"Oregon liquor control commission", "OLCC", or "commission"
means the division of the state that administers the provisions of OAR 845-025-100-8580 and enforces all policies and procedures pertaining thereto as set forth therein.
"Other commercial marijuana activities"
means any marijuana related commercial activities that are not subject to the license requirements of this Chapter, or Chapter 9.14 of the Roseburg Municipal Code.
"Recreational marijuana dispensary"
means any facility or operation designed, intended or used for purposes of functioning as a marijuana retailer. Recreational Marijuana Dispensary does not include a Medical Marijuana Dispensary.
(Ord. No. 3457, § 1, 2-8-2016)
The purpose of this Chapter is to ensure that recreational marijuana dispensaries operated within the City limits of Roseburg are in full compliance with the requirements of the Oregon Liquor Control Commission as set forth in OAR 845-025-1000-8590, 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 recreational marijuana, while protecting the health, safety and welfare of the citizens of Roseburg.
(Ord. No. 3457, § 1, 2-8-2016)
A. 
Marijuana Dispensary Operator's License Application. Pursuant to the provisions of this Chapter, no person shall operate a recreational marijuana dispensary within the City without first obtaining a recreational marijuana dispensary operator's license from the City Recorder. Applications for such 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 license issued by the Oregon Liquor Control Commission pursuant to OAR 845-025-1000-8580, 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 recreational marijuana dispensary shall be operated;
2. 
The days and hours during which the recreational 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 recreational dispensary;
4. 
A statement that the recreational dispensary operator shall at all times comply with the regulations established by the Oregon Liquor Control Commission and this Chapter, as well as all other state and local laws relating to the dispensing and distribution of marijuana, including the City's land use and development regulations, building codes and fire codes relating to such dispensaries;
5. 
A statement whether the applicant for the dispensary operator's license 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 CFR Schedule I or Schedule II controlled substance.
6. 
A statement that the recreational dispensary operator shall not employ, or accept volunteer services from, any person to dispense marijuana or perform any other dispensary-related tasks, whom has not obtained a marijuana handler's permit from OLCC in accordance with OAR 845-025-5500 and a recreational 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 recreational dispensary 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 Recreational Marijuana Dispensary Operator's License. Licenses to operate a recreational 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 recreational dispensary operator's license shall also be issued a recreational marijuana dispenser's permit, but shall not be required to pay the permit fee set forth in Section 9.15.030(C) of this Chapter. All dispensary licenses shall expire on December 31 of the year issued. If a licensee intends to continue to operate the following license year, not less than 30 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 applicants of the original and each renewal application. A recreational marijuana dispensary operator's license shall not be sold, assigned, mortgaged or otherwise transferred.
C. 
Recreational Marijuana Dispensary Operator's License Fee. Upon submission of an original application for a recreational 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 such dispensary operator's license after July 1, the annual license fee shall be reduced by one-half for the remaining portion of the first license year.
(Ord. No. 3457, § 1, 2-8-2016; Ord. No. 3519, § 4, 2-11-2019)
A. 
Recreational Marijuana Dispenser Permit Application. No person shall be employed by, or provide volunteer services for, a recreational marijuana dispensary operator to dispense marijuana to consumers, or perform any other dispensary-related tasks, without first obtaining a recreational marijuana handler's permit from OLCC in accordance with OAR 845-025-5500 and a recreational marijuana dispenser's permit from the City Recorder. A recreational dispenser's permit shall be required for each recreational dispensary at which a person dispenses or performs any other dispensary-related tasks. Completed applications for a recreational marijuana dispenser's permit shall be submitted to the City Recorder, along with a copy of the applicant's OLCC marijuana handler's permit, 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 recreational marijuana dispenser's permit fee as set by Council resolution. The application for such dispenser's permit shall provide the following information:
1. 
The business name, address, telephone number and the name of the licensed recreational dispensary 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 Liquor Control Commission, as well as all other state and local laws relating to the dispensing and distribution of recreational 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 CFR Schedule I or Schedule II controlled substance; and
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 Recreational Marijuana Dispenser's Permit. Recreational 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 such dispenser permits shall expire on December 31 of the year issued. If a recreational dispenser intends to continue dispensing for a licensed recreational marijuana dispensary operator the following year, not less than 30 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. 
Recreational Marijuana Dispenser's Permit Fee. Upon submission of an original application for a recreational 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 such recreational dispenser's permit after July 1, the annual permit fee shall be reduced by one-half for the remaining portion of the first year of the permit.
(Ord. No. 3457, § 1, 2-8-2016; Ord. No. 3519, § 5, 2-11-2019)
Each licensed recreational marijuana dispensary operator shall comply with the following operating regulations in addition to any other state or local rules and regulations:
A. 
Recreational 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. 
Recreational 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 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 recreational marijuana dispensaries.
C. 
The recreational marijuana dispensary operator's license issued by the Oregon Liquor Control Commission and the license certificate issued by the City must be prominently displayed in an easily visible location inside the dispensary at all times. All recreational 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 OLCC marijuana handler's permit and the recreational marijuana dispenser's permit issued by the City on their persons at all times while working or volunteering at the dispensary.
D. 
The recreational 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 recreational 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 services. Outdoor storage of merchandise, raw materials or other material associated with the recreational 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 recreational dispensary.
G. 
The recreational dispensary must utilize an air filtration and ventilation system which, to the greatest extent feasible, confines all marijuana-related odors within the recreational 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 recreational 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 recreational dispensary will destroy any marijuana that tests positive for pesticides, mold or mildew. The recreational dispensary will document who the marijuana was received from, how much was received and the date it was destroyed. The recreational 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 a recreational marijuana dispensary.
(Ord. No. 3536, § 2, 2-24-2020; Ord. No. 3457, § 1, 2-8-2016)
A. 
For purposes of confirming compliance with this Chapter, the City Manager, or his designee shall be authorized to inspect the premises of a recreational marijuana dispensary and all of the dispensary's 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 suspect has taken place in a recreational dispensary or in connection with the operation of such dispensary, upon request, the Roseburg Police Department shall have the authority to view the dispensary's video surveillance records and recordings, and audio records and recordings when available.
(Ord. No. 3457, § 1, 2-8-2016)
A. 
By accepting a recreational marijuana dispensary operator's license or a recreational 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 whatsoever arising out of or in any manner connected with the operation of the recreational marijuana dispensary that is subject of the license.
(Ord. No. 3457, § 1, 2-8-2016)
No recreational marijuana dispensary or other commercial marijuana related business may lawfully exist in the City of Roseburg absent the issuance of a state license and full regulatory oversight of the marijuana establishment by the State as well as the City. Compliance with the requirements of this Chapter does not provide a defense to criminal prosecution under otherwise applicable law. All commercial marijuana activities that are not subject to the licensing requirements of this Chapter or Chapter 9.14 of the Roseburg Municipal Code, including but not limited to medical or recreational marijuana processors, producers, wholesalers, and laboratories, shall be required to obtain a general business registration pursuant to Chapter 9.02 of the Roseburg Municipal Code in addition to meeting all other local and state laws.
(Ord. No. 3457, § 1, 2-8-2016)
A. 
In addition to the grounds set forth in Chapter 9.100, the City Recorder may deny, suspend or revoke a recreational marijuana dispensary operator's license or a recreational 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 recreational marijuana facilities.
B. 
A decision to deny an application for a recreational dispensary operator's license or 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 a recreational dispensary operator's license or dispenser's permit pursuant to this Section shall be in writing, setting for the reasons therefore, and giving the licensed operator or permitted 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.
D. 
The remedies provided in this Section are not exclusive and shall not prevent the City from exercising any other remedy available under law, either simultaneously or otherwise, including but not limited to seeking penalties as provided in Chapter 1.06 of this Code.
(Ord. No. 3457, § 1, 2-8-2016)