HomeMy WebLinkAbout2017-10-23 17-378 ORDINANCETitle, Ordinance
17-378 10/23/2017
CITY COUNCIL ACTION
Council Meeting Date: October 23, 2017
Item No: 17-378
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By
Adding Provisions Regarding Marijuana Cultivation, Products Manufacturing, and Testing Facilities
Summary
The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of
marijuana in Maine. The MLA gives municipality's wide latitude in regulating retail (as opposed to medical)
marijuana.
This Ordinance amendment would define the zoning districts in which retail marijuana cultivation facilities,
retail marijuana products manufacturing facilities, and retail marijuana testing facilities are able to locate. It
would also put certain security and oversight requirements in place.
Committee Action
Committee: Council Workshop
Action: First Reading
Staff Comments & Approvals
Meeting Date: September 11, 2017
For: 8
Against: 0
This was discussed at a number of meetings and recommended for full council consideration.
(Y-) ",/ -
City Manager lity solicitor
Introduced for: First Reading
Finance Director
CITY COUNCIL ORDINANCE
Date: October 23, 2017
Assigned to Councilor: Perry
17-378 10/23/2017
ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City
of Bangor, By Adding Provisions Regarding Marijuana Cultivation, Products Manufacturing, and Testing
Facilities
WHEREAS, the Marijuana Legalization Act, an initiative legalizing the recreational use of marijuana, was
passed by Maine voters in November 2016;
WHEREAS, the initiative allows municipalities to regulate or prohibit the operation of retail marijuana
establishments;
WHEREAS, many portions of the initiative are due to take effect in February of 2018;
WHEREAS, marijuana is a drug with significant potential effects on the health, safety, and welfare of the City
and its citizens, both inherently and as a result of impaired driving;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 165 of the Code of the City of Bangor be amended as follows:
§ 165-13. Definitions.
For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall
have the meanings given herein:
CANNABIS
"Cannabis" means all parts of the plant of the genus Cannabis whether growing or not, the seeds
thereof, the resin extracted from any part of the plant and every compound, manufacture, salt
derivative, mixture or preparation of the plant, its seeds or its resin including cannabis concentrate.
"Cannabis" does not include industrial hemp, fiber produced from the stalks, oil, cake made from the
seeds of the plant, sterilized seed of the plant that is incapable of germination or any ingredient
combined with cannabis to prepare topical or oral administrations, food, drink or any other product.
"Cannabis" also means marijuana.
HOME OCCUPATION OR PROFESSION
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An accessory use, generally of a service character, customarily conducted within a dwelling by the
residents thereof which is clearly secondary to the use of the dwelling for living purposes and does
not change the character thereof or have any exterior evidence of such secondary use, other than a
nameplate, and in connection therewith there is not involved the keeping of any stock -in -trade, as
further described in Article IV of this chapter. A retail marijuana establishment may not be a home
occupation.
RETAIL MARIJUANA
Cannabis that is cultivated, manufactured, distributed or sold by a licensed retail marijuana
establishment or retail marijuana social club.
RETAIL MARIJUANA CULTIVATION FACILITY
An entity licensed to cultivate, prepare and package retail marijuana and sell retail marijuana to retail
marijuana establishments and retail marijuana social clubs.
RETAIL MARIJUANA ESTABLISHMENT
A retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility.
RETAIL MARIJUANA PRODUCT
Concentrated retail marijuana and retail marijuana products that are composed of retail marijuana
and other ingredients and are intended for use or consumption, including, but not limited to, edible
products, ointments and tinctures.
RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY
An entity licensed to purchase retail marijuana; manufacture, prepare and package retail marijuana
products; and sell retail marijuana and retail marijuana products only to other retail marijuana
products manufacturing facilities, retail marijuana stores and retail marijuana social clubs.
RETAIL MARIJUANA STORE
An entity licensed to purchase retail marijuana from a retail marijuana cultivation facility and to
purchase retail marijuana products from a retail marijuana products manufacturing facility and to sell
retail marijuana and retail marijuana products to consumers.
RETAIL MARIJUANA TESTING FACILITY
An entity licensed and certified to analyze and certify the safety and potency of retail marijuana and
retail marijuana products.
§ 165-86.1. Enumeration.
Notwithstanding any other provision of this chapter, including Article III, Nonconformities, and Articles XIII,
XIV and XV, the following uses are declared to be prohibited uses of property throughout the City of Bangor:
C. Manufacture, sale, distribution or trafficking in marijuana, narcotic drugs or scheduled drugs, except
marijuana manufactured, sold, distributed, or trafficked pursuant to 7 M.R.S.A. § 2441 et seq. or 22 M.R.S.A.
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§ 2421 et seq. in violation of 17-A M.R.S.A. § 1101 et seq.
§ 165-96. Urban Industry District (UID).
C. Permitted uses. The following uses are permitted in this district.
(9) Retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, provided that:
ja) The building in which the facility is located must be at least 1,000 feet from the real propert ry
comprising any public or private elementary or secondary school or school dormitory, public
library, Juvenile shelter, orphanage, playground, or public park.
The building in which facility is located must be at least 300 feet from any church, chapel, parish
house, other place of worship, day care, or residential zoning district boundary, measured by
straight line from building to building or residential zoning boundary.
Lc) The building in which the facility is located must be connected to public sewer and water, and
must comply with all public sewer and water regulations.
(d) The building in which the facility is located must be a separate building from any use that is not
a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility,
retail marijuana products manufacturing facility, or retail marijuana testing facility.
je) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a retail
marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana
testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq., nor may a retail
marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana
testing facility otherwise sell marijuana directly to consumers.
10 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
§ 165-103. Industry and Service District (I&S).
C. Permitted uses. The following uses are permitted in this district.
(17) Retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, provided that:
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U The building in which the facility is located must be at least 1,000 feet from the real property
comprising any public or private elementary or secondary school or school dormitory, public
library, Juvenile shelter, orphanage, playground, or public park.
Lb) The building in which facility is located must be at least 300 feet from any church, chapel, parish
house, other place of worship, day care, or residential zoning district boundary, measured by
straight line from building to building or residential zoning boundgLy.
Lc) The building in which the facility is located must be connected to public sewer and water, and
must comply with all public sewer and water regulations.
jd) The building in which the facility is located must be a separate building from any use that is not
a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility,
retail marijuana products manufacturing facility, or retail marijuana testing facility.
Le) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a retail
marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana
testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq., nor may a retail
marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana
testing facility otherwise sell marijuana directly to consumers.
18 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
§ 165-103.1. Technology and Service District (T&S).
C. Permitted uses. The following uses are permitted in this district.
(6) Retail marijuana testing facility, provided that:
Lal The building in which the facility is located must be at least 1,000 feet from the real property
comprising any public or private elementary or secondary school or school dormitory, public
library, Juvenile shelter, orphanage, playground, or public park.
Lb) The building in which facility is located must be at least 300 feet from any church, chapel,
parish house, other place of worship, day care, or residential zoning district boundary,
measured by straight line from building to building or residential zoning boundary.
Lc) The building in which the facility is located must be connected to public sewer and water, and
must comply with all public sewer and water regulations.
The building in which the facility is located must be a separate building from any use that is not
a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility,
retail marijuana products manufacturing facility, or retail marijuana testing facility.
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Le) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a
retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. nor may
a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail
marijuana testing facility otherwise sell marijuana directly to consumers.
LD Accessory uses on the same lot and customarily incidental to and subordinate to the above uses.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 177 of the Code of the City of Bangor be amended as follows:
Chapter 177: Meal Marijuana Dispensaries
Article I Medical Marijuana
§ 177-1. [Unchanged]
§ 177-2. [Unchanged]
§ 177-3. [Unchanged]
§ 177-4. [Unchanged]
Article II Retail Mariivana
& 177-5. Legislative findings and declarations.
A. Marijuana has both legitimate uses and a history of widespread illegal use and trafficIdna.
B. In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the cultivation,
products manufacturing, and testing of marijuana requires careful attention and control, including but not
limited to reasonable security and oversight requirements.
C. The value of and ready market for marijuana makes theft of marijuana and marijuana plants a significant
concern.
15 177-6. Definitions.
A. As used in this chapter, the following term shall have the meaning indicated:
RETAIL MARIJUANA ESTABLISHMENT
A retail marijuana establishment as defined by Chapter 165, § 165-13, of this Code.
B. Terms not defined herein shall have the customary dictionary meanings.
4 177-7. Security and oversight requirements.
A. There shall be no outdoor cultivation,, processing, curing, drying, selling, storage, or other display of
marijuana at a retail marijuana establishment.
17-378 10/23/2017
B. Retail marijuana cultivation facilities may only distribute marijuana to licensed retail marijuana
establishments.
C. Video surveillance. All retail marijuana establishments shall have recorded video surveillance covering all
plants and the entire exterior. The recorded video surveillance shall be operating 24 hours a day, seven
days a week. Records of surveillance shall be kept for a minimum of 30 days.
D. A retail marijuana establishment may not employ a person under the age of 21. A person under 21 may
not enter a retail marijuana establishment, nor may a retail marijuana establishment allow a person under
the age of 21 to enter or remain in the establishment.
E. For all retail marijuana establishments, the odor of marijuana must not be perceptible at any adjoining_
use of the property or on other parcels. While the City does not mandate any particular equipment
specifications with regard to filtration, all retail marijuana establishments are strongly encouraged to
adopt best management practices with regard to implementing state-of-the-art technologies in mitigating
marijuana odor, such as air scrubbers and charcoal filtration systems.
LQ Retail marijuana cultivation facilities. Retail marijuana cultivation facilities must implement
appropriate ventilation and filtration systems to satisfy the aforementioned odor standard.
Q Retail marijuana product manufacturing facilities and retail marijuana testing facilities are not
required to install filtration equipment on the licensed premises, but must satisfy the
aforementioned odor standard.
F. Retail marijuana establishments must provide for off-site disposal of solid waste in compliance with
Chapter 265 of this Code.
G. Retail marijuana cultivation facilities must comglly with state law regarding pesticide application. Any
application of pesticides must be performed by a person licensed by the state as a pesticide applicator.
H. All signs must comply with the City's sign ordinance, found at Chapter 260 of this Code.
I. Signage designed to appeal to persons under 21 years of age is prohibited.
15 177-8. Violations and penalties.
Whoever violates the provisions of this chapter shall be punished by a fine of not less than $50 nor more than
$500 for each offense, or by loss of their City -issued business license, or both. Each day a violation exists shall
constitute a separate offense.
Additions are underlined, deletions sl #.
MEMORANDUM
DATE: December 6, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Zoning Ordinance Chapter 165-13 Definitions
165- 96 UID, 165- 103 I&S, 165-103.1 T&S - Council
Ordinance #017-378
Please be advised that the Planning Board at its meeting on December 5, 2017,
held a Public Hearing on the above Zoning Amendment to revise the Land Development
Code relative to changes to marijuana cultivation, manufacturing and testing facilities.
Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas
provided the Board with an overview of the proposed amendments. The amendment
creates definitions to be added to Section 13, specifically listing retail sales cultivation,
and testing facilities. The Amendment then adds UID and I&S as districts to allow
cultivation and manufacturing and T&S for testing.
There were no other proponents or opponents to the proposed Zoning
Amendment.
Member Durgin noted that the amendments appear to be quite well done. Chair
Kenney questioned why such industrial uses need the additional separation from
schools, churches, playgrounds, etc. as in 165-96 C (9), (a) and (b), where other
manufacturing did not have the same measures.
Several members thought the additional restrictions were unwarranted and
singled out this use for additional restrictions without a clear reason for doing so.
Member Boothby made a motion to recommend that C.O. #17-378 be adopted
by the City Council. Member Durgin seconded the motion and the two Board Members
voted to send a positive recommendation and five members were not in support.
IN CITY COUNCIL
OCTOBER 23, 2017
COk 17-378
FIRST READING
grajRg. Peer'aet4o-t144)
CLE
IN CITY COUNCIL
DECEMBER 11, 2017
COB 17-378
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 6-3
COUNCILORS VOTING YES: DAVITT, NICHOLS, PERRY, SUPICA, WESTON, SPRAGUE
COUNCILORS MOTING NO: GRAHAM, NEALLEY, TREMBLE
PASSED
> 1, Lj
CITY CLERK 11