The purpose of this chapter is to minimize any adverse public safety and public health impacts that may result from allowing medical and recreational marijuana facilities in the city by adopting particular time, place and manner requirements and a registration process for such facilities. Specifically, these time, place and manner requirements are intended to further the following objectives:
A. 
Prevent the distribution of marijuana to persons under 21 years of age;
B. 
Prevent revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
C. 
Prevent the diversion of marijuana from this state to other states;
D. 
Prevent marijuana activity that is legal under state law from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
E. 
Prevent violence and the use of firearms in the cultivation and distribution of marijuana;
F. 
Prevent drugged driving and the exacerbation of other adverse public health consequences associated with the use of marijuana.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
A. 
"Controlled substances"
means substances designated as Schedule I or Schedule II controlled substances in the Code of Federal Regulations Title 21, Chapter II, Part 1308.
B. 
"Manager"
means the city manager of the city of Philomath or his/her designee.
C. 
"Marijuana"
means all parts of the plant of the Cannabis 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 or as they currently exist or may be amended from time to time.
D. 
"Marijuana facility"
means a recreational marijuana facility or a medical marijuana facility.
E. 
"Marijuana processing site"
means an entity registered with the Oregon Health Authority to process marijuana.
F. 
"Marijuana processor"
means an entity licensed by the Oregon Liquor Control Commission to process marijuana.
G. 
"Marijuana producer"
means an entity licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow or harvest marijuana.
H. 
"Marijuana retailer"
means an entity licensed by the Oregon Liquor Control Commission to sell marijuana items to a consumer in this state.
I. 
"Marijuana wholesaler"
means an entity licensed by the Oregon Liquor Control Commission to purchase items in this state for resale to a person other than a consumer.
J. 
"Medical marijuana"
means all parts of marijuana plants that may be used to treat or alleviate a medical marijuana qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
K. 
"Medical marijuana facility"
means a medical marijuana facility that is registered by the Oregon Health Authority under ORS 475.300 through 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to qualifying patients.
L. 
"Recreational marijuana facility"
means an entity that engages in the growing, processing, production, or retail of recreational marijuana, including but not limited to those listed in subsections (E) through (I) of this section.
M. 
"Operator"
means the person who is a proprietor of a facility, whether in the capacity of operator, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
The operator of any marijuana facility in the city must possess a valid annual marijuana facility registration issued under this chapter and must comply with the requirements of any and all state and local laws.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
A. 
Applications for initial and renewal marijuana facility registrations must be submitted to the manager and must be signed under penalty of perjury. The application documents must include at least the following:
1. 
The location of the proposed facility.
2. 
The true names and addresses of the persons or legal entities that have an operatorship interest in the facility; that have loaned or given money or real or personal property to the applicant for use by the facility within the preceding year; or that have leased real property to the applicant for future use.
3. 
A detailed description of the type, nature and extent of the enterprise to be conducted.
4. 
A detailed description of the proposed accounting and inventory systems for the facility.
5. 
Certification that the proposed facility is registered as an Oregon medical marijuana facility pursuant to ORS 475.300 through 475.346 or is registered with the Oregon Liquor Control Commission as a recreational marijuana facility.
6. 
Certification that the proposed facility has met all applicable requirements in the Philomath Development Code.
7. 
Certification that all current fees and taxes owed have been paid.
8. 
Detailed illustrations (to scale) of all proposed signage and location of such signage.
9. 
Such other information deemed necessary by the city manager to conduct any investigation or background check.
B. 
At the time of submission of an initial facility registration application, the applicant must pay a marijuana facility registration application and investigation fee. The fee amount shall be set by council resolution. No portion of the fee is refundable.
C. 
A separate registration application must be submitted for each proposed location.
D. 
The applicant for a proposed facility shall be solely responsible for directly contacting property owners, tenants, and occupants of property within 1,500 feet of the proposed site for the facility to confirm that it complies with the location conditions of this chapter as set out in PMC § 5.40.060(J).
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
A. 
A facility registration terminates automatically on May 1st of each year, unless a registration renewal application is approved.
B. 
A facility registration terminates automatically if federal or state statutes, regulations or guidelines are modified, changed, or interpreted in such a way by state or federal law enforcement officials as to prohibit operation of the facility under this chapter.
C. 
A registration renewal application shall include information similar in nature to that provided on the registered party's initial registration application and must be submitted to the city no less than 30 days prior to expiration of the registration.
D. 
At the time of submission of a facility registration renewal application, the registered party must pay a marijuana facility registration renewal application and investigation fee. The fee shall be set by council resolution. No portion of the fee is refundable in the event operation of the facility is discontinued for any reason.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
Any marijuana facility must comply with the following requirements, in addition to any other state or local requirements:
A. 
The facility must continue to be registered in good standing as an Oregon medical marijuana facility or recreational marijuana facility pursuant to state law.
B. 
The facility must meet applicable laws and regulations, including, but not limited to, building and fire codes, including the payment of all fines, fees, and taxes owing to the city.
C. 
The facility must not manufacture or produce any extracts, oils, resins or similar derivatives of marijuana on site and must not use open flames or gases in preparation of any products.
D. 
Marijuana and tobacco products must not be smoked, ingested or otherwise consumed on the premises of the facility.
E. 
Operating hours for retail sales must be no earlier than 9:00 a.m. nor later than 5:00 p.m. on the same day.
F. 
The facility must utilize an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging "objectionable odors" shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected.
G. 
The facility must 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.
H. 
The facility must not be co-located on the same tax lot or within the same building with any marijuana social club, smoking club or grow site.
I. 
The facility must be located within 2,000 feet of the Philomath police department.
J. 
The facility shall not be located:
1. 
Within 1,500 feet of any public or private school, public or private preschool, public library, public park, public or private youth activity center;
2. 
Within 1,500 feet of any structure housing a public or private youth organization or any structure housing public or private classes on at least a weekly basis for people under the age of 21; or
3. 
Within 500 feet of any public property not otherwise described in this section, not including right-of-way; or
4. 
Within 200 feet of a residential zone; or
5. 
Within 1,500 feet of a public or private daycare center; or
6. 
Within 1,500 feet of another facility; or
7. 
Within 500 feet of a state highway.
K. 
The facility shall have no marijuana in edible form.
L. 
No minor is allowed on the premises unless the minor is a medical marijuana qualifying patient and is accompanied by a parent, guardian, or caregiver whose purpose is to procure the minor's medical marijuana.
M. 
A person with any felony convictions may not be an operator, employee, or volunteer of a facility, nor have any financial interest in the facility.
N. 
The facility must have an accounting system specifically designed for enterprises reliant on transactions conducted primarily in cash and sufficient to maintain detailed, auditable financial records. If the city finds the books and records of the facility are deficient in any way or if the accounting system is not auditable, the facility must modify the accounting system to meet the requirements of the city.
O. 
Each facility must keep and preserve for a period of at least three years records containing at least the following information:
1. 
Daily wholesale purchases (including grow receipts) and retail sales, including a cash receipts and expenses journal;
2. 
State and federal income tax returns;
3. 
Names and any aliases of any operators of the facility;
4. 
Names and any aliases of any employees or volunteers of the facility;
5. 
Names of and any aliases of any persons with a financial interest in the facility;
6. 
Any additional information that the city deems necessary.
P. 
Each facility must display its current registration inside the facility in a prominent place easily visible to persons conducting business there.
Q. 
Sales or any other transfers of marijuana products must occur completely inside the facility building. No walk-up or drive-through service is allowed.
R. 
Each facility must obtain and maintain general liability insurance in an amount of not less than $1,000,000 per occurrence/$2,000,000 aggregate each claim, incident, or occurrence for bodily injury and property damage that specifically covers the facility for liability related to selling marijuana to an already impaired person who leaves the facility driving a motor vehicle.
S. 
Each facility must maintain adequate off-street parking for the facility.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
The applicant will provide completed criminal background checks for each individual who is proposed to be an operator, employee, volunteer, or person with a financial interest in the facility when the application is submitted to the city. The police department may verify the criminal background checks provided by the applicant under ORS 181.534 to determine whether any person therein has any history of felony convictions. If, following an initial or renewal application, an additional person is proposed to be an operator, employee, volunteer, or person with a financial interest, then that registered party must provide a criminal background check on that individual prior to that individual assuming said position.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
A. 
To determine compliance with the requirements of this chapter, Philomath Development Code, or any and all applicable regulations, the manager may examine or cause to be examined by the agent or representative of the manager, at any reasonable times, the premises of the facility, including wastewater from the facility, and any and all financial, operation, and facility information, including books, papers, payroll reports and state and federal income tax returns. Every registered party is directed and required to furnish the manager the means, facilities, and opportunity for making such examinations and investigation.
B. 
As part of investigation of a crime or violation of this chapter which law enforcement officials reasonably suspect has taken place on the premises, the Philomath police shall be allowed to view surveillance videotapes or digital recordings at any reasonable time.
C. 
Without reducing or waiving any provisions of this chapter, the Philomath police department shall have the same access to the facility, its records and its operations, as allowed to state inspectors. Denial or interference with access shall be grounds for revocation or suspension of a facility registration.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
A. 
The manager may deny, suspend, or revoke a facility registration for failure to comply with this chapter or rules adopted under this chapter, for submitting falsified information to the city or the Oregon Health Authority, or for noncompliance with any other city chapters or regulations, or violation of any state or federal laws.
1. 
Any suspension or revocation pursuant to this section shall be in writing, setting forth the reasons therefor, and giving the registered party written notice by first-class United States Mail at least 10 calendar days prior to the effective date of the revocation or suspension.
2. 
A decision to deny, suspend, or revoke a facility registration may be appealed by filing a notice of appeal in writing physically delivered to the manager on or before the effective date. Unless the manager has declared imminent danger to the public will exist, the manager's decision to revoke or suspend is stayed pending appeal. The matter shall be heard by the Philomath municipal court which shall determine, by preponderance of the evidence, whether the manager's decision should be upheld or reversed, or upheld in part and reversed in part.
B. 
In addition to the remedies of suspension and revocation, failure to comply with the requirements of this chapter constitutes a violation of Philomath Municipal Code. Violations are subject to fines not to exceed $500.00 per day. Each day in violation constitutes a separate offense.
C. 
The remedies provided in this section are not exclusive and shall not prevent the city from exercising any other remedy available under the law, nor shall the provisions of this chapter prohibit or restrict the city or other appropriate prosecutor from pursuing criminal charges under state law or city chapter. Such remedies include, but are not limited to, any equitable remedies such as temporary restraining orders or other injunctive relief.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial or employee information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shall prohibit:
A. 
The disclosure of names and addresses of any operator or provider of equity or debt financing for a facility; or
B. 
The disclosure of general statistics in a form which would prevent identification of financial information regarding a facility operator; or
C. 
The presentation of evidence to a court, or other tribunal having jurisdiction, in the prosecution of any criminal or civil claim by the city under this chapter; or
D. 
The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)
If any section, subsection, paragraph, sentence, or word in this chapter is deemed to be invalid or beyond the authority of the city, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this chapter, and the application thereof; and to that end, sections, subsections, paragraphs, sentences, and words of this chapter shall be deemed severable.
(Ord. 798 § 1, 2015; Ord. 810 § 1, 2016)