Drug, alcohol, gun ordinance updated to comply with state law
The Bartlesville City Council on Tuesday voted to pass proposed updates to City ordinances making it illegal to smoke within City parks and to accommodate changing State laws regarding medical marijuana and alcohol sales.
Community Development Director Lisa Beeman presented information to the council outlining needed changes to current ordinances due to the passage of State Question 788, which legalizes medical marijuana use in Oklahoma, as well as changes in State law regulating alcohol sales.
Medical Marijuana
The Oklahoma State Department of Health and the Oklahoma Medical Marijuana Authority, which oversee medical marijuana regulations for the State of Oklahoma, have issued emergency regulations for the possession, use and sale of medical marijuana pending possible changes to the law after the Oklahoma Legislature convenes for the new term in February 2019.
Until then, Beeman said, the City of Bartlesville must be prepared to enforce the law and to issue City business licenses to individuals who obtain State licensing to sell the drug, for which applications are now being accepted by the State.
“The State began accepting applications on Aug. 25, so assuming a person applied on the first day and there were no delays in processing their application, that person could be in our offices on Sept. 10 with the expectation of receiving a City business license to open a medical marijuana dispensary,” she said.
The new law allows State-licensed patients or caregivers to possess up to three ounces of medical marijuana on their person, six mature plants, six seedlings, one ounce of concentrated marijuana, 72 ounces of edible marijuana and eight ounces of marijuana. The drug may be cultivated for personal medical use as well.
Marijuana dispensaries, or retail establishments, will be permitted in five commercial districts in Bartlesville provided they are not located within 1,000 feet of a public or private school entrance, Beeman said. The State of Oklahoma is set to charge a 7 percent sales tax on all medical marijuana sales, which will also be subject to the City of Bartlesville’s 3.4 percent sales tax.
To view other conditions as presented and approved by the City Council, see City Council Ordinance Amendments.
Smoking in parks
In reviewing City ordinances to comply with the new medical marijuana laws, the issue of smoking in public City parks and facilities was revisited as well, Beeman said.
The Park Board voted unanimously to recommend the council approve banning smoking in City parks, which it did in a 5-0 vote on Tuesday. City ordinances now prohibit smoking within 50 feet of any playground or play court; within 50 feet of the fenced confines of any outdoor recreational facility; within 50 feet of bleachers and stands used by spectators at public events; and on the travel or walking surface or five feet thereof of the Pathfinder Parkway Trail system and associated trailheads.
In a poll conducted by City Beat last week, 380 people agreed smoking should be banned in City parks, while 96 said “No” to the question. Many others weighed in on Facebook as well, voting overwhelmingly to support the ban.
“Smoke” includes vaping and e-cigs in addition to more traditional forms of smoking, Beeman said.
“Basically anything you inhale is covered under the definition of ‘smoke’ and is therefore prohibited,” she said.
Alcohol: State law changes
Beginning Oct. 1, several changes to Oklahoma law pertaining to the sale of alcohol will be in effect, Beeman told the council Tuesday.
“One of those changes is that low point beer will basically go away,” Beeman said. “Grocery stores, convenience stores and similar retail stores may begin selling refrigerated full-strength beer of up to 8.9 percent and wine up to 15 percent. You’ve probably seen some stores making space in their coolers for this already.”
Some other changes include;
- Liquor stores will be the only retailer permitted to sell spirits but will also be able to sell refrigerated beer and wine
- Liquor stores will be the only retailer permitted to sell beer in excess of 8.9 percent and wine in excess of 15 percent
- Grocery, convenience and similar retailers may sell alcohol from 6 a.m. to 2 a.m. on any day
- Liquor stores may be open from 8 a.m. until midnight, Monday through Saturday
- Restaurants and bars may serve alcohol between 8 a.m. and 2 a.m. on any day
Oklahoma Self-Defense Act
The council also voted 5-0 to approve updates to the Bartlesville Municipal Code to bring City ordinances into compliance with the Oklahoma Self-Defense Act. Current ordinances prohibit possessing a firearm or other weapon in City parks but were recently called into question by Oklahoma Second Amendment Association, prompting a review of the municipal code.
in reviewing the weapons ordinances it was determined that updates were needed to comply with State law, Beeman told the City Council.
“Under the Self-Defense Act, firearms may be prohibited in government structures conducting business with the public; meetings of city, county, state or federal officials, school board members, legislative members or other elected or appointed officials; schools; professional sporting events; and gambling venues,” she said.
Under the Act, anyone licensed by the State to carry a firearm may NOT be prohibited from carrying it in city, county, state or federal parking lots or any parking lot open to the public; any property designated by a city or county or the State as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; or school parking lots.
The updates also include revisions to prohibit discharging a firearm within the City limits unless doing so to protect oneself, another person or property; when the firearm does not discharge projectile capable of causing death or bodily harms or used in outdoor funerals, historical re-enactments and community events; or when lawfully done in the performance of any legal duty by law enforcement, military personnel and others legally authorized to do so; or at shooting ranges or as part of gun club activities.
For detailed information, see City Council Ordinance Amendments or view the meeting in its entirety at www.cityofbartlesville.org.