Marijuana Establishment
I represent of town about 2,500 residents. The council proposed a number of
ordinances regulating marijuana establishments at the last council meeting.
The ordinances were modeled off of the Norman City Ordinances. Typical
stuff as far as I can tell: COC with local building codes, licensing
application turned in to the city, non-immunity from license, occupational
tax identical to that of Norman. Of course the matter has been discussed
for months without objection, but now that the matter actually comes for a
vote one of the local marijuana businesses is pitching a fit, so the
ordinances were tabled and I am now performing some additional due
diligence.
To those of you who have passed marijuana establishment ordinances in
similarly sized cities and towns, what types of requirements do you have in
place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
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I used one very similar to Norman’s. One of the key provisions is that no establishment less than 1,000 feet from a school. My mayor wanted it to also be same distance from a park, but I believe this is subject to a suit that we can not win, so I declined to add it.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Monday, February 24, 2020 10:56 AM
To: oama@lists.imla.org
Subject: [Oama] Marijuana Establishment
I represent of town about 2,500 residents. The council proposed a number of ordinances regulating marijuana establishments at the last council meeting. The ordinances were modeled off of the Norman City Ordinances. Typical stuff as far as I can tell: COC with local building codes, licensing application turned in to the city, non-immunity from license, occupational tax identical to that of Norman. Of course the matter has been discussed for months without objection, but now that the matter actually comes for a vote one of the local marijuana businesses is pitching a fit, so the ordinances were tabled and I am now performing some additional due diligence.
To those of you who have passed marijuana establishment ordinances in similarly sized cities and towns, what types of requirements do you have in place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
We set ours to mirror the state statute.
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On Mon, Feb 24, 2020 at 10:56 AM -0600, "Phillip Morton" mortonlawoffice@gmail.com wrote:
I represent of town about 2,500 residents. The council proposed a number of ordinances regulating marijuana establishments at the last council meeting. The ordinances were modeled off of the Norman City Ordinances. Typical stuff as far as I can tell: COC with local building codes, licensing application turned in to the city, non-immunity from license, occupational tax identical to that of Norman. Of course the matter has been discussed for months without objection, but now that the matter actually comes for a vote one of the local marijuana businesses is pitching a fit, so the ordinances were tabled and I am now performing some additional due diligence.
To those of you who have passed marijuana establishment ordinances in similarly sized cities and towns, what types of requirements do you have in place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D. P.O. Box 1886Ada, OK 74820Phone: 580-759-0049
Fax: 580-759-2177Email: MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
Phillip:
I worked on Norman’s Medical Marijuana ordinances and would be happy to speak with you at any time if it could be helpful to you.
Attached is some information my office gathered in preparation for our 2019 updates, which included tweaks to fees.
Disclaimer: it is not only now six months old, but some of this may not be entirely correct, was based on phone conversations and was meant to be only very general guidance for consideration. It’s also possible we simply made a mistake or typo, so I apologize if anyone’s city it not completely and accurately represented in this, and welcome you to correct it. So it may not be helpful, but you may as well have what I had then.
Of course, the biggest concern with these fees is being sure they are going to be tied to the cost or value of actual administrative time/resources devoted to the licensed processes in your actual city, and that was the primary focus of Norman’s discussion on this issue before finalizing an amount.
Beth Muckala
Assistant City Attorney
From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Monday, February 24, 2020 10:56 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Marijuana Establishment
I represent of town about 2,500 residents. The council proposed a number of ordinances regulating marijuana establishments at the last council meeting. The ordinances were modeled off of the Norman City Ordinances. Typical stuff as far as I can tell: COC with local building codes, licensing application turned in to the city, non-immunity from license, occupational tax identical to that of Norman. Of course the matter has been discussed for months without objection, but now that the matter actually comes for a vote one of the local marijuana businesses is pitching a fit, so the ordinances were tabled and I am now performing some additional due diligence.
To those of you who have passed marijuana establishment ordinances in similarly sized cities and towns, what types of requirements do you have in place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
When we adopted our ordinance in Warr Acres, we established a requirement
that the business must be compliant with all State law requirements. We did
this rather than list those requirements because we expected that there
would be a host of changes over the next several years and we didn't want
to have to amend our ordinance every time the State changed something.
On Bob's point about adding a proximity limitation for some location other
than a school, I fully agree with him. There's case law on the alcohol side
that talks about when a local zoning ordinance would be in conflict with
State statutes and basically it boils down to: if they could open at the
location under State law but not your local code, then there's a conflict.
One of the cases dealt with selling booze at a convenience store. The Court
made clear that the City could decide by zoning if the location was fit for
a convenience store, but could not prevent them from selling booze since
State law would let them sell at that location.
On fees, you can charge a fee that would allow you to recoup your actual
costs in processing the application. But this is where I'd be very wary of
a one size fits all fee. How much time would it actually take to process
the application, and how much does it cost you to do so? You know how much
your employee's time is worth, and can reasonably estimate the time it
would take on average to process these. There are several actions that may
be taken with regard to an applicant, and if you charge an inspection fee
for inspections then those costs shouldn't be duplicated for the marijuana
business since you'll get the inspection fee for the inspection. But
typically speaking, how much time would it really take to verify that the
application fits or does not fit with the ordinance?
In Warr Acres, we allow retail marijuana establishments in two zoning
districts, and its a special use permit. The time to verify that it is or
is not in the correct district doesn't take that long, so they pay a small
application fee and then must pay the normal fee we charge anyone who is
requesting a special use permit to recoup our costs in preparing the
required notices for public hearings.
On Mon, Feb 24, 2020 at 11:26 AM walter stout stoutlawoffice@att.net
wrote:
We set ours to mirror the state statute.
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On Mon, Feb 24, 2020 at 10:56 AM -0600, "Phillip Morton" <
mortonlawoffice@gmail.com> wrote:
I represent of town about 2,500 residents. The council proposed a number
of ordinances regulating marijuana establishments at the last council
meeting. The ordinances were modeled off of the Norman City Ordinances.
Typical stuff as far as I can tell: COC with local building codes,
licensing application turned in to the city, non-immunity from license,
occupational tax identical to that of Norman. Of course the matter has been
discussed for months without objection, but now that the matter actually
comes for a vote one of the local marijuana businesses is pitching a fit,
so the ordinances were tabled and I am now performing some additional due
diligence.
To those of you who have passed marijuana establishment ordinances in
similarly sized cities and towns, what types of requirements do you have in
place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.
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Ponca City (population 25,000) allows marijuana dispensaries in heavy commercial zoning, and that alone. Effectively there is a ban in all other zoning categories. We have no special permit.
Mike Vanderburg
From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Beth Muckala
Sent: Monday, February 24, 2020 11:36 AM
To: 'Phillip Morton'; oama@lists.imla.org
Subject: Re: [Oama] EXTERNAL EMAIL : Marijuana Establishment
CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.
Phillip:
I worked on Norman’s Medical Marijuana ordinances and would be happy to speak with you at any time if it could be helpful to you.
Attached is some information my office gathered in preparation for our 2019 updates, which included tweaks to fees.
Disclaimer: it is not only now six months old, but some of this may not be entirely correct, was based on phone conversations and was meant to be only very general guidance for consideration. It’s also possible we simply made a mistake or typo, so I apologize if anyone’s city it not completely and accurately represented in this, and welcome you to correct it. So it may not be helpful, but you may as well have what I had then.
Of course, the biggest concern with these fees is being sure they are going to be tied to the cost or value of actual administrative time/resources devoted to the licensed processes in your actual city, and that was the primary focus of Norman’s discussion on this issue before finalizing an amount.
Beth Muckala
Assistant City Attorney
From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Monday, February 24, 2020 10:56 AM
To: oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Marijuana Establishment
I represent of town about 2,500 residents. The council proposed a number of ordinances regulating marijuana establishments at the last council meeting. The ordinances were modeled off of the Norman City Ordinances. Typical stuff as far as I can tell: COC with local building codes, licensing application turned in to the city, non-immunity from license, occupational tax identical to that of Norman. Of course the matter has been discussed for months without objection, but now that the matter actually comes for a vote one of the local marijuana businesses is pitching a fit, so the ordinances were tabled and I am now performing some additional due diligence.
To those of you who have passed marijuana establishment ordinances in similarly sized cities and towns, what types of requirements do you have in place for medical marijuana establishments and what are your fees like?
Thanks in advance.
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.