Mon–Fri, 8:00 AM – 4:00 PM Bryan County, Oklahoma
Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 112 — Amusements And Recreation

Marijuana

§ 112.01 Intent And Purpose

   (A)   This subchapter shall comply with 63 O.S. and with applicable State Department of Health or other regulatory agency rules and regulations. The town intends that both state law and this subchapter apply within the town. Where this subchapter conflicts with state law, this subchapter shall apply on all matters authorized by state statute and on all matters of local concern.
   (B)   The regulations for medical marijuana uses are not adequate at the state level to address the impacts of medical marijuana on the town, making it appropriate for local regulation of the impacts of medical marijuana uses.
(Prior Code, § 9-501) (Ord. 2018-06, passed 11-8-2018)

§ 112.02 Marijuana Legality; Responsibility Of Licensee

   (A)   The use, distribution, cultivation, production, possession and transportation of medical marijuana remains illegal under federal law, and marijuana remains classified as a “controlled substance” by federal law.
   (B)   All medical marijuana licensees are assumed to be fully aware of the law. The town shall not be required to issue warnings before issuing citations for violations of this subchapter.
(Prior Code, § 9-501) (Ord. 2018-06, passed 11-8-2018) Penalty, see § 112.99

§ 112.03 License Required

   (A)   Requirements. It shall be unlawful for any person to operate a medical marijuana business without obtaining a license to operate pursuant to 63 O.S. § 420 through 425. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation wall between a medical marijuana business and any adjacent business.
   (B)   Separate license for each location. A separate license shall be required for each premises from which a medical marijuana business is operated. Except as specifically provided in this section, no two or more different medical marijuana businesses may be treated as one premises.
(Prior Code, § 9-502) (Ord. 2018-06, passed 11-8-2018) Penalty, see § 112.99

§ 112.04 Prohibitions And Requirements For Marijuana Businesses

   Medical marijuana dispensaries (MMDs), medical marijuana commercial growers (MMCGs) and medical marijuana processors or manufacturers (MMPMs):
   (A)   Are not allowed on any land owned by the town;
   (B)   Shall comply with applicable zoning, parking, landscaping and building codes of the town;
   (C)   Shall comply with 63 O.S. and applicable State Department of Health or other regulatory agency rules and regulations;
   (D)   Must possess a current, valid medical marijuana license relating to the intended purpose of the business, to be issued by the State Department of Health; and
   (E)   Must possess a medical marijuana license relating to the intended purpose of the business, to be issued by the Town Board of Trustees, and pay an annual licensing fee to the town, such fee to be set annually by the Town Board of Trustees as allowed by state law.
(Prior Code, § 9-503) (Ord. 2018-06, passed 11-8-2018) Penalty, see § 112.99

§ 112.05 Location Restrictions For Marijuana Businesses

   (A)   No medical marijuana retailer shall be located within 1,000 feet from any public or private school entrance.
   (B)   Distances shall be measured by the town on official maps as the radius from the closest point on the applicant’s building to the nearest entrance to any private or public preschool, elementary, secondary, vocational or trade school or college or university.
   (C)   For the purpose of this section, a school, college or university shall include properties owned by such entities only if such are used to provide services, teaching facilities or living facilities to students. No distance is required between a marijuana business and properties owned by a school, college or university which are not used to provide teaching facilities, living facilities or services to students.
(Prior Code, § 9-503) (Ord. 2018-06, passed 11-8-2018) Penalty, see § 112.99
Cross-reference:
   See also Medical marijuana dispensary distancing; inspection required, § 112.05
Fireworks

§ 112.20 Definition

   For the purpose of this subchapter, the following definition applies unless the context clearly requires a different meaning.
   FIREWORKS. Shall have the meaning prescribed by state law, 68 O.S. § 1622.
(Prior Code, § 10-303) (Ord. 2010-02, passed 1-12-2010; Ord. 2020-07, passed 10-10-2020)

§ 112.21 Permit Required; Displaying Permit

   (A)   All sellers of fireworks in the corporate town limits will be required to purchase and post a seller’s permit. The cost of the permit is $50 from June 15 to July 6, and an additional permit of $50 will be required for sale from December 15 to January 2.
   (B)   Wholesale permits will be $100 annually and must be posted in the main place of business in view of the public inside the seller’s building.
   (C)   The permit and a copy of this subchapter will be required to be posted in a prominent spot in public view on all buildings.
(Prior Code, § 10-303) (Ord. 2010-02, passed 1-12-2010; Ord. 2020-07, passed 10-10-2020) Penalty, see § 112.99

§ 112.22 Times Of Permitted Sales

   Retail fireworks can be sold in the town from June 15 to July 6 and from December 15 to January 2. Wholesale fireworks can be sold from January 1 to December 31. Dates are in accordance with 68 O.S. § 1623.
(Prior Code, § 10-303) (Ord. 2010-02, passed 1-12-2010; Ord. 2020-07, passed 10-10-2020) Penalty, see § 112.99

§ 112.99 Penalty

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   Violations of §§ 112.20 through 112.22 of this chapter will result in a fine of $215.
(Prior Code, § 10-303)
(Ord. 2010-02, passed 1-12-2010; Ord. 2020-07, passed 10-10-2020)