As used in this Chapter, unless the context in which used clearly
requires a different meaning, the following words and phrases shall
mean:
"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 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.
"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)