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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: 0,,,t�7 rn L5t�� �Z — 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 > ;i �?aDGcd'ti•�'' 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