HomeMy WebLinkAbout2017-10-23 17-379 ORDINANCETitle, Ordinance
17-379 10/23/2017
CITY COUNCIL ACTION
Council Meeting Date: October 23, 2017
Item No: 17-379
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
Banning Retail Marijuana Stores
Summary
This Ordinance amendment would ban retail marijuana stores in Bangor. The Marijuana Legalization Act (MLA)
passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives
municipalities' wide latitude in regulating retail (as opposed to medical) marijuana including the ability to ban
retail marijuana stores. In a series of workshop discussions, members of the Council recommended that a ban
on retail marijuana stores be implemented with the understanding that the Council may revisit zoning for retail
marijuana stores after the full implications of allowing such uses in the city are understood.
Committee Action
Committee: Council Workshop
Action:
Staff Comments & Approvals
This ordinance was discussed at a number of meetings.
City anage r
Introduced for: First Reading
Meeting Date: October 11, 2017
For:
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Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: October 23, 2017
Assigned to Councilor: Graham
17-379 10/23/2017
ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City
of Bangor, By Banning Retail Marijuana Stores
WHEREAS, the Marijuana Legalization Act, an initiative legalizing the recreational use of marijuana, was
passed by Maine voters in November 2016; and
WHEREAS, the initiative allows municipalities to regulate or prohibit the operation of retail marijuana
establishments; and
WHEREAS, many portions of the initiative are due to take effect in February of 2018; and
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; and
WHEREAS, it is in the best interest of the City of Bangor to have further deliberations and discussions on the
issues surrounding the locating of retail marijuana stores in the City of Bangor; and
WHEREAS, it is appropriate to prohibit retail marijuana stores as these discussions continue.
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:
RETAIL MARIJUANA ESTABLISHMENT
A retail marijuana cultivation facility, retail marijuana products manufacturing facility, retail marijuana
store, or retail marijuana testing facility.
§ 165-86.12. Enumeration.
17-379 10/23/2017
Notwithstanding any other provision of this chapter, including Article III, Nonconformities, and Article XIII, XIV
and XV, the following uses are declared to be prohibited uses throughout the City of Bangor:
E. Retail marijuana stores.
Additions are underlined, deletions struck h.
MEMORANDUM
DATE: December 6, 2017
TO: The Honorable City Council
FROM: David G. Gould, Planning Officer
SUBJECT: Amending Chapter 165 — Land Development Code to Ban
Retail Marijuana Stores. Council Order #017-379
Please be advised that the Planning Board at its meeting on December 5, 2017,
held a Public Hearing on the above Amendment to ban retail marijuana stores in the
City of Bangor.
Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas
provided the Board with an overview of the proposed amendment. The intent is to ban
retail marijuana stores in the City prior to the current moratorium expiring. The council
has expressed interest in revisiting this ban in the future, after the effects of marijuana
legalization can be seen in other communities.
No proponents spoke regarding the proposed text amendment. Mr. Chris Gagne
spoke in opposition, noting that the City should not need to ban the stores outright
because it will still have control of these establishments via licensing.
Member Parizo stated that the City already has effective methods of regulating
adult recreational substances, such as alcohol, and felt that the City could develop more
nuanced regulation than an outright ban.
Chairman Kenney expressed his discomfort with this ban and is concerned that
this ban may be difficult to rescind in the future.
Member McCarthy was uncomfortable with the ban because she felt this law
would chase away prospective legal businesses.
Chairman Kenney felt that the City should wait until the State was finished
developing its regulations before adopting our own. He stated that he would rather see
the moratorium extended until those regulations were adopted, rather than an outright
ban.
Several Planning Board members expressed similar concerns to the above.
Member Durgin made a motion to recommend that C.O. #17-379 be adopted by
the City Council. Member Boothby seconded the motion. Two Board members voted to
recommend the council adopt the ordinance change, six voted in opposition.
IN CITY COUNCIL
OCTOBER 23, 2017
COr 17-379
FIRST READING
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CITY CLERK
IN CITY COUNCIL
DECEMBER 11, 2017
COr 17-039
PLANNING BOARD VOTED THAT THIS ITEM OUGHT NOT TO PASS, THEREFORE
SIX AFFIRMATIVE VOTES ARE REQUIRED FOR PASSAGE.
MOTION MADE AND SECONDED FOR PASSAGE
GEOFF GRATWICK INDICATED THAT THE CITY SHOULD HAVE MORE
INFORMATION FROM THE STATE BY THE THIRD WEEK IN FEBRUARY.
VOTE: 5-4
COUNCILORS VOTING YES: GRAHAM, NEALLEY, TREMBLE, WESTON, SPRAGUE
COUNCILORS VOTING NO: DAVITT, NICHOLS, PERRY, SUPICA
DID NOT PASS
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