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City of Portland

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14B.130.040 Minimum Standards.

(Amended by Ordinance Nos. 187391 and 187557, effective January 20, 2016.)

A.  A marijuana regulatory license may only be issued for specific fixed locations which shall be considered the licensed premises.  The licensed premises must be within a building or structure subject to permit review and approval under the Oregon Structural Specialty Code, fire code and related building codes as promulgated by the Oregon Department of Consumer and Business Services. Licensee must obtain the appropriate permits and remain in compliance with fire and building codes.

B.  If the location is a medical dispensary, the location may be no closer than 1,000 feet of another medical dispensary.  The distance between the dispensaries shall be computed by direct measurement of the nearest portion of the building in which one medical dispensary is located to the nearest portion of the building in which the other medical dispensary is located.

C.  If the location is a marijuana retailer, the location may be no closer than 1,000 feet of another marijuana retailer. The distance between the retailers shall be computed by direct measurement of the nearest portion of the building in which one marijuana retailer is located to the nearest portion of the building in which the other marijuana retailer is located.

D.  Distance Restrictions for Dispensaries and Retailers.

1.  A marijuana regulatory license will not be granted for a medical dispensary or a marijuana retailer that is within 1,000 feet of another medical dispensary or another marijuana retailer. The distance between the dispensaries and retailers shall be computed by direct measurement of the nearest portion of the building in which one medical dispensary or marijuana retailer is located to the nearest portion of the building in which the other medical dispensary or marijuana retailer is located.

2.  The distance requirement in Subsection 14B.130.040 D.1. shall not apply for applications for medical dispensary licenses received by the Director between November 1, 2015 and January 29, 2016, that meet the following criteria:

a.  The medical dispensary has been:

(1)  Registered, operating and in good standing with the Oregon Health Authority since on or before July 1, 2015 and had a valid City of Portland Business License on or before July 1, 2015.

(2)  Registered and in good standing with the Oregon Health Authority since on or before September 30, 2015, if the Director finds that the applicant demonstrates that they incurred significant financial obligations prior to that date, such as entering a lease, hiring employees, or obtaining fixtures and equipment, and had a valid City of Portland Business License on or before September 30, 2015.

b.  The medical dispensary has no outstanding compliance issues pending with the Oregon Health Authority.

c.  The application for the medical dispensary has not submitted for or obtained a marijuana regulatory license for a marijuana retailer within 1,000 feet of the location to be licensed under this exception; and

d.  The applicant meets all other requirements of this Chapter.

3.  The requirements of Subsection D.1. shall not apply to current, valid renewal applications for medical dispensary licenses issued under Subsection D.2.

4.  The distance requirement in Subsection 14B.130.040 D.l. shall not apply for applications for marijuana retail licenses received by the Director that meet the following criteria:

a.  The application is from an existing medical dispensary licensee operating under a current, valid medical dispensary located within the City of Portland;

b.  The marijuana retail license application is for the same address at which the medical dispensary is currently operating;

c.  The medical dispensary has no outstanding compliance issues pending with the Oregon Health Authority;

d.  The applicant surrenders its medical dispensary license to the City of Portland and the Oregon Health Authority within 5 business days of receiving notice from the State of the issuance of a marijuana retail license;

e.  The applicant meets all other requirements of this Chapter.

E.  No medical dispensary or marijuana retailer may operate or conduct business within 1,000 feet of:

1.  Any public elementary or secondary school for which attendance is compulsory under ORS 339.020 (2013); or

2.  A private or parochial elementary or secondary school, teaching children as described in ORS 339.030 (1) (a) (2013).

3.  The distance from a school to a medical dispensary or a marijuana business retailer shall be computed by direct measurement from the nearest property line of the land used for the school to the nearest portion of the building in which the medical dispensary or marijuana retail business is located.

F.  No medical dispensary, marijuana business, marijuana laboratory, or research certificate holder may be located in residential zones RF through RH or where otherwise not allowed per City Code.

G.  A person or business operating a medical dispensary, marijuana business, marijuana laboratory, or research certificate holder must comply with all state and local regulations that apply.