PROPOSED AMENDMENTS TO SENATE BILL 365

Transcription

1 SB - (LC ) // (SCT/ps) Requested by Senator PROZANSKI PROPOSED AMENDMENTS TO SENATE BILL 0 0 On page of the printed bill, line, after.0 insert, B.0, B.. On page, after line, insert: SECTION. ORS B.0 is amended to read: B.0. () Prior to receiving a license under ORS B.00, B.00, B.00 or B.0, an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Liquor Control Commission may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. () Except as provided in subsection () of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within days of: (a) Receipt of the request, if the land use is allowable as an outright permitted use; or (b) Final local permit approval, if the land use is allowable as a conditional use. () A city or county that receives a request for a land use compatibility

2 0 0 0 statement under this section is not required to act on that request during the period that the commission discontinues licensing those premises pursuant to ORS B. ()(b). () A city or county action concerning a land use compatibility statement under this section is not a land use decision for purposes of ORS chapter,,, or. () For purposes of this section, the production of marijuana is an outright permitted use of land that is located within an exclusive farm use zone. SECTION. ORS B. is amended to read: B.. () For purposes of this section, reasonable regulations includes: (a) Reasonable conditions on the manner in which a marijuana producer that holds a license issued under ORS B.00 may produce marijuana on premises that are not located within an exclusive farm use zone or in which a researcher of cannabis that holds a certificate issued under ORS B. may produce marijuana or propagate immature marijuana plants on premises that are not located within an exclusive farm use zone; (b) Reasonable conditions on the manner in which a marijuana processor that holds a license issued under ORS B.00 may process marijuana or in which a researcher of cannabis that holds a certificate issued under ORS B. may process marijuana; (c) Reasonable conditions on the manner in which a marijuana wholesaler that holds a license issued under ORS B.00 may sell marijuana at wholesale; (d) Reasonable conditions on the manner in which a marijuana retailer that holds a license issued under ORS B.0 may sell marijuana items; (e) Reasonable limitations on the hours during which a premises for which a license has been issued under ORS B.00 to B. may operate; (f) Reasonable requirements related to the public s access to a premises SB - // Proposed Amendments to SB Page

3 0 0 0 for which a license or certificate has been issued under ORS B.00 to B.; and (g) Reasonable limitations on where a premises for which a license or certificate may be issued under ORS B.00 to B. may be located. () Notwithstanding ORS 0.,. () or., the governing body of a city or county may adopt ordinances that impose reasonable regulations on the operation of businesses located at premises for which a license or certificate has been issued under ORS B.00 to B. if the premises are located in the area subject to the jurisdiction of the city or county, except that the governing body of a city or county may not: (a) Adopt an ordinance that prohibits a premises for which a license has been issued under ORS B.0 from being located within a distance that is greater than,000 feet of another premises for which a license has been issued under ORS B.0. (b) Adopt an ordinance that imposes a setback requirement for an agricultural building used to produce marijuana located on a premises for which a license has been issued under ORS B.00 if the agricultural building: (A) Was constructed on or before July, 0, in compliance with all applicable land use and building code requirements at the time of construction; (B) Is located at an address where a marijuana grow site first registered with the Oregon Health Authority under ORS B.0 on or before January, 0; (C) Was used to produce marijuana pursuant to the provisions of ORS B. to B. on or before January, 0; and (D) Has four opaque walls and a roof. (c) Except as provided in subsection () of this section, adopt an ordinance that applies to premises for which a license has been issued under ORS B.00 and that are located within an exclusive farm use zone unless the ordinance applies to any farm use, as defined in ORS SB - // Proposed Amendments to SB Page

4 , of land that is located in an exclusive farm use zone. () For premises located within an exclusive farm use zone, the governing body of a city or county may adopt an ordinance that applies to premises for which a license has been issued under ORS B.00 and that: (a) Prohibits the outdoor production of marijuana within 00 feet from the boundary of a lot or parcel that is used for the production of marijuana; and (b) Imposes reasonable regulations to shield from the view of passersby agricultural buildings not described in subsection ()(b) of this section, if the requirements do not: (A) Substantially interfere with the production authorized by the license issued under ORS B.00; or (B) Significantly increase production costs.. In line, delete and insert. On page, line, delete and insert and after.0 insert, B.0, B.. In line, after insert to. On page, line, delete and insert. In line, delete and insert. In line 0, delete and insert 0. In line, delete and insert. On page, line 0, delete 0 and insert. In line, delete and insert. In line 0, delete and insert. Delete line and insert.,.0,.0 B.0, B. and B. by sections, to and to of this 0 Act become op-. In line, after.0 insert, B.0, B.. Delete line and insert to and to of this 0 Act.. In line, delete and insert. SB - // Proposed Amendments to SB Page

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