Measure 20-280

CITY OF CRESWELL

VOTER INITIATIVE ORDINANCE

November 7, 2017

AN ORDINANCE REGULATING AND TAXING MARIJUANA FACILITIES WITHIN THE CITY

THE CITY OF CRESWELL ORDAINS AS FOLLOWS:

Section 1.        Chapter 5.25 of the Creswell Municipal Code is hereby removed from the Creswell Municipal Code.

Section 2.        Chapter 5.30 – Marijuana Facilities –is hereby removed from the Creswell Municipal Code.

Section 3.        Chapter 5.35 is added to the added to Title 5 of the Creswell Municipal Code as follows:

Chapter 5.35

Marijuana Facilities

5.35.010  Definitions.  

  1. The definitions in ORS 475B.015 and the Oregon Liquor Control Commission Administrative Rules Division 25 (Recreational Marijuana) are hereby adopted by the City of Creswell.  

5.35.020  Location Restrictions.  

A.  All consumer marijuana businesses are prohibited in Residential land-use districts and the Resort Commercial Overlay.

B.  Marijuana retailers are permitted only in General Commercial land use districts and are prohibited in all other applicable land use districts, such as the Downtown Commercial District, to keep with the purpose of that district which is focused on the core commercial and civic interests of the community.

C.  Marijuana producers (both indoor and outdoor) are prohibited within the city of Creswell.

D.  Marijuana wholesalers are permitted only in General Commercial and Industrial land use districts.  

E.  Mechanical and chemical extraction is permitted only in industrial land use districts.  Cannabinoid Edible and Topical processors are permitted only in General Commercial and Industrial land use districts.  

F.  A marijuana retailer shall not locate:

1.  Within one thousand feet of any Park, Recreation, or Open Space (PRO-S) Districts, playgrounds opened to the public, public swimming facilities, trampoline parks, or Resort Commercial (R/C) Overlays.

2.  Within one thousand feet of a public elementary or secondary school for which attendance is compulsory under ORS 339.020, or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a).

3.  Within one thousand feet of another marijuana retailer except when the retailers are of common ownership.  “Common Ownership” means any commonality between individuals or legal entities named as applicants or persons with a financial interest in a license or business proposed to be licensed. The order or priority of a marijuana retailer is based on the date of the initial Oregon Liquor Control Commission initial license application filing date.  

4.  The spacing distance specified in this section is a straight-line measurement from the closest points between property lines of the affected properties.

5.35.030  Standards of Operation.  

A.  Compliance with Other Laws. All marijuana businesses shall comply with all applicable state and local laws and regulations, including, but not limited to, the development, land use, zoning, building and fire codes.  

B.  Registration and Compliance with State Law. The marijuana business’s state license or authority shall be in good standing with the Oregon Liquor Control Commission and the marijuana business shall comply with all applicable laws and regulations administered by the respective state agency, including, without limitation those rules that relate to labeling, packaging, testing, security, waste management, food handling, and training.

C.  Hours of Operation. Operating hours for a marijuana business shall be in accordance with the applicable license issued by the OLCC.

D.  Secure Disposal. The facility must provide for secure disposal of marijuana remnants or by-products; marijuana remnants or by-products shall not be placed within the marijuana business’s exterior refuse containers.

E.  The facility shall maintain compliance with all applicable security requirements of the OLCC, including alarm systems, education and training of employees, video surveillance, access to minors, service of impaired or intoxicated patrons, and a restriction on public access to certain facilities or areas within facilities.

5.35.040  Taxing.

A.   The Creswell City Council is directed to follow the authority granted under ORS 475B.345 and refer to the voters of Creswell for the November, 2018 general election an ordinance that will create a local tax of 3% on the sale of marijuana items that are sold within the jurisdiction of the City of Creswell.

Section 4.          This ordinance shall be referred as a ballot measure to the electors of the City of Creswell at the next election, Tuesday, November 7, 2017.  If the measure is adopted by a majority of the qualified voters of the City of Creswell voting on the measure, this ordinance will be adopted effective immediately upon certification.