HomeMy WebLinkAbout2017-10-23 17-380 ORDINANCETitle, Ordinance
17-380 10/23/2017
CITY COUNCIL ACTION
Council Meeting Date: October 23, 2017
Item No: 17-380
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 Social Clubs
Summary
This Ordinance amendment would ban retail marijuana social clubs. 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. In September and
October, the Council met in workshops and re -affirmed its desire to ban social clubs. Currently, the state has
a moratorium on social clubs. If and when the potentially be revised if state law changes.
Committee Action
Committee: Council Workshop
Action: Approve
Staff Comments & Approvals
Meeting Date: September and October
For:
Against:
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City Manager City Solicitor Finance Director
Introduced for: First Reading
CITY COUNCIL ORDINANCE
Date: October 23, 2017
Assigned to Councilor: Tremble
17-380 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 Social Clubs
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 social
clubs;
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:
RETAIL MARIJUANA SOCIAL CLUB
An entity licensed to sell retail marijuana and retail marijuana products to consumers for
consumption on the licensed premises.
§ 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:
17-380 10/23/2017
D. Retail marijuana social clubs.
Additions are underlined, deletions strueak threugh.
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 Social Clubs. Council Order #017-380
Please be advised that the Planning Board at its meeting on December 5, 2017,
held a Public Hearing on the above Amendment to ban marijuana social clubs 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 social clubs in the City. Mr. Nicklas explained that these would be most
similar to a tavern, where a substance was purchased on-site for consumption on-site.
Mr. Nicklas stated that there has been concern from law enforcement officials related to
impaired driving and the ability to test for sobriety.
Mike McCarty of Mount Hope Avenue spoke in favor of the ordinance, believing
that this would create a very difficult situation for law enforcement.
Geoff Gratwick of Kenduskeag Avenue spoke in opposition, stating that he felt
that the City should wait for the State's regulations to be adopted before acting.
Member LeBlanc stated that he was disappointed that the Council was
considering a permanent outright ban on these establishments. He felt that the
citizenry of the state had clearly spoken in favor of legalization and that the City should
not be banning these uses.
Member Boothby expressed his concerns with public safety, notably with law
enforcement not being able to identify impaired drivers.
Member McCarthy stated that if the Council wanted to ban these uses, they
could, but that doing so in the land use ordinance didn't feel like the correct path.
Several Planning Board members expressed concerns that the ban seemed
heavy-handed and premature, given that the state has not issued their regulations yet.
Member Boothby made a motion to recommend that C.O. #17-379 be adopted
by the City Council. Member Durgin 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 17-380
FIRST READING
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CITY CLE
IN CITY COUNCIL
DECEMBER 11, 2017
COr 17-380
PLANNING BOARD VOTED THAT THIS ITEM OUGHT NOT TO PASS, THEREFORE
SIX AFFIRMATIVE VOTES ARE REQUIRED FOR PASSAGE
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 7-2
COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, PERRY, TREMBLE,
WESTON, SPRAGUE
COUNCILORS VOTING NO: NICHOLS, SUPICA
PASSED
4-00 9
CITY CLERK