Alcoholic Beverages – Article 03. Medical Marijuana Facilities

SECTION 2-21: DEFINITIONS:

All medical marijuana facilities permitted by this ordinance are hereby defined as any such facility that is properly licensed by the State of Oklahoma.

SECTION 2-22: RETAIL MEDICAL MARIJUANA DISPENSARIES:

All operators of retail medical marijuana dispensaries are required to obtain a Retail Medical Marijuana Dispensary permit from the Municipal Clerk.
The Retail Medical Marijuana Dispensary permit fee shall be seven hundred fifty dollars ($750.00) per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of retail medical marijuana dispensaries.

SECTION 2-23: RETAIL MEDICAL MARIJL-ANA DISPENSARY LOCATION RESTRICTIONS:

A Retail Medical Marijuana Dispensary permit will not be granted to any applicant where the proposed location is outside of a commercial zone of the corporate Tour limits of Tryon.
A Retail Medical Marijuana Dispensary permit will not be granted to any applicant where the proposed location would be situated within one thousand (1,000) feet of any public or private elementary, middle, or high school.
For the distance requirement outlined in subsection 8, the distance shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in Section 2-3-38 is located to the main entrance of the public or private school.

SECTION 2-24: COMMERCIAL MEDICAL MARIJUANA GROWING FACILITIES:

All operators of a commercial medical marijuana growing facility are required to obtain a Commercial Medical Marijuana Growing Facility permit from the Municipal Clerk.
The Medical Marijuana Growing Facility permit fee shall be seven hundred fifty dollars ($750.00) per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of commercial medical marijuana growing facilities.

SECTION 2-25: COMMERCIAL MEDICAL MARIJUANA GROWING FACILITIES LOCATION RESTRICTIONS:

A Commercial Medical Marijuana Growing Facility permit will not be granted to any applicant where the proposed location is outside of an Industrial or Agricultural zone, or such other zone as may hereinafter specifically permit the same.
A Commercial Medical Marijuana Growing permit will not be granted to any applicant where the proposed location would be situated within one thousand (1,000) feet of any public or private elementary: middle, or high school.
For the distance requirement outlined in subsection a. the distance shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in Section 2-3-58 is located to the main entrance of the public or private school.
A commercial medical marijuana growing facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right of way.

SECTION 2-26: COMMERCIAL MEDICAL MARIJUANA PROCESSING FACILITIES

All operators of a medical marijuana processing facility are required to obtain a Medical Marijuana Processing Facility permit from the Municipal Clerk.
The Medical Marijuana Processing Facility permit fee shall be seven hundred fifty dollars ($750.00) per year. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of commercial medical marijuana processing facilities.

SECTION 2-27: COMMERCIAL MEDICAL MARIJUANA PROCESSING FACILITIES LOCATION RESTRICTIONS

A Commercial Medical Marijuana Processing Facility permit will not be granted to any applicant where the proposed location is outside an Industrial or Agricultural zone or such other zone as may hereinafter specifically permit the same.
A Commercial Medical Marijuana Processing permit will not be granted to any applicant where the proposed location would be situated within one thousand (1,000) feet of any public or private elementary, middle, or high school.
For the distance requirement outlined in subsection 8, the distance shall be computed by direct measurement in a straight line from the nearest property line of the parcel of land on which the use described in Section 2-3-78 is located to the main entrance of the public or private school.
A commercial medical marijuana processing facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from the public right of Way.

SECTION 2-28: INSPECTIONS

All permits outlined in this ordinance will be subject to inspection by an authorized municipal inspector prior to issuance.
The inspection prior to a permit decision will occur at a time scheduled and approved by both the applicant and the municipal inspector.
The applicant will be required to be present during the inspection.
After a medical marijuana facility permit has been issued under this Chapter, the Town’s permitting authority, or agent thereof, shall be authorized to enter upon and inspect the operations being conducted therein to ensure compliance with the provisions of this ordinance. Such inspection shall take place during regular business hours of such facility and upon reasonable notice to the operator of such facility.

SECTION 2-29: OTHER REGULATIONS

The Town of Tryon hereby adopts those regulations governing commercial medical marijuana businesses as have been, and may be, codified in Title 310, Chapter 681, of the Oklahoma Administrative Code, as that Chapter may be amended from time to time. The provisions of said chapter of the OAC, shall take effect and be controlled within the Town’s limits such that a violation of those regulations shall be a violation of this Code, though nothing in this Section shall grant to the Town the power or jurisdiction to prosecute offenses that a Town is not authorized to prosecute. Copies of Title 310, Chapter 681 of the Oklahoma Administrative Code shall be available in the Town Clerk’s office.
A plan for ventilation of a medical marijuana business facility shall be submitted to the Town prior to a permit being granted and shall describe to the Town’s satisfaction the ventilation systems that will be used to prevent any unreasonable odor of marijuana from escaping the facility.
Fire separation and suppression. A plan for fire separation at a medical marijuana business facility shall be submitted to the Town prior to a permit being granted and shall describe to the Town’s satisfaction the manner by which any fire generated at such facility shall be contained within and prevented from spreading to any adjacent structures. The same plan shall describe to the Town’s satisfaction the manner by which any such fire within the facility shall be suppressed.
Use of marijuana on public property. Smoking or using marijuana shall be prohibited on all Town property including vehicles, buildings, parks or other Town facilities.

SECTION 2-30 PENALTIES.

Penalties for violations of this Chapter shall be, in the Town’s discretion, a fine not to exceed S500 per day of violation, or revocation of permit, or both. Each day that a violation continues shall be considered a separate offense. The dollar amount of the fine imposed hereby is subject to amendment by resolution of the Town’s fee schedule.

SECTION 2-31: CODIFICATION.

The Town Clerk is hereby directed to enter the added section into the appropriate place in The Tryon Town Code of Tryon, Oklahoma, as authorized and approved by this Ordinance.

SECTION 2-32: SEVERABILITY.

If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect.

SECTION 2-33: REPEALER.

All other Ordinances and parts of other Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.

Town of Tryon