It is recognized that the presence of marijuana dispensaries within the City of Yamhill may result in adverse social and economic impacts, increased crime incidents, and physical deterioration in the general areas of such businesses. It is evident that regulations applicable to such dispensaries are necessary to protect minors and to preserve the character, safety and stability of residential areas that are in proximity to such commercial businesses. The purpose of this chapter is to establish regulations applicable to marijuana dispensaries, as defined in the Oregon Revised Statutes and in Section 8.40.020.
(Ord. 508 §1, 2015)
For purposes of this chapter, the following terms and business types are defined in this section:
"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 dispensary.
"Infusion"
means a facility or business that incorporates medical marijuana (cannabis) by means of cooking, blending, or incorporation into consumable/edible goods.
"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 ORS 475.300 to 475.346 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 ORS 475.302(3) or the designated primary caregiver of the cardholder as defined by ORS 475.302(5).
(Ord. 508 §1, 2015)
(A) 
A business license for a medical marijuana dispensary businesses will only be granted if the proposed use has been granted a conditional use permit by the planning commission in accordance with the requirements of Title 10, Section 10.104.035, 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 ORS 475.300 through 475.346;
(2) 
The proposed use complies with all requirements set forth for the issuance of a conditional use permit for a medical marijuana facility as listed in Title 10, Section 10.104.035;
(3) 
The lot on which the business is proposed shall only be located on property zoned and classified as RLC, C-3, L-1, E-1 or CBD overlay zones;
(4) 
The business shall be located in a permanent building and may not locate in a trailer, cargo container or motor vehicle;
(5) 
The lot is not within 1,000 feet of any lot upon which there is located a public or private elementary, secondary or career school attended primarily by minors;
(6) 
The lot is not within 1,000 feet of any lot upon which there is located another marijuana dispensary business;
(7) 
No marijuana dispensary business, as defined in this chapter, shall have operating hours earlier than eight a.m. or later than eight p.m. of the same day;
(8) 
Cultivation or infusion of medical marijuana at the site of the dispensary is prohibited;
(9) 
The business shall provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility's exterior refuse containers;
(10) 
Drive-through services are prohibited.
(B) 
Applicants for a business license for a medical marijuana dispensary must file with the City Recorder an application form and the applicable fee for a business license in accordance with Title 8, Chapter 8.04 which shall also provide the following supplemental information:
(1) 
A copy of the application made to the State of Oregon for registration of the proposed dispensary.
(2) 
The location of the proposed medical marijuana dispensary business.
(C) 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine as defined by Title 1, Chapter 1.36, and any resolution adopted in connection therewith.
(Ord. 508 §1, 2015)