HomeMy WebLinkAbout2019-07-08 19-275 ORDINANCETitle, Ordinance
19-275 07/08/19
CITY COUNCIL ACTION
Council Meeting Date: July 8, 2019
Item No: 19-275
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 177, Marijuana, by Adding Procedures for Adult Use Marijuana Licensing
Summary
This ordinance amendment will provide a licensing process for recreational marijuana establishments, in
keeping with state law. The State of Maine, in Title 28-13, Section 402 of the Marijuana Legalization Act,
requires retail or "adult use" marijuana establishments, including stores, cultivation facilities, product
manufacturing facilities, and testing facilities, to obtain local authorization before being granted a license
through the state. This local authorization process allows the City to set licensing requirements, which are set
forth in this ordinance amendment. A separate Council Order will set specific fees for retail marijuana
establishments.
Committee Action
Committee: Government Operations
Action
Staff Comments & Approvals
Meeting Date: July 1, 2019
For:
Against:
City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: July 8, 2019
Assigned to Councilor: Davitt
19-275 07/08/19
ORDINANCE, Amending Chapter 177, Marijuana, by Adding Procedures for Adult Use Marijuana Licensing
WHEREAS, the State of Maine, in Title 28-B, Section 402 of the Marijuana Legalization Act, requires adult use
marijuana establishments to obtain local authorization before being granted a license through the state;
WHEREAS, said local authorization process allows for licensing requirements, including but not limited to the
setting of fees; and
WHEREAS, the criteria set forth below will help provide for the health, safety, and welfare of operators of
marijuana establishments, as well as citizens of and visitors to the City of Bangor;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 177 of the Code of the City of Bangor is amended as follows:
§ 177-8 Retail marijuana establishment license.
A. License required. No retail marijuana establishment may operate or be granted a Certificate of
Occupancy unless the establishment has been granted a certification of local authorization by the City and
final approval by the State in accordance with Title 28-B, Chapter 1 of the Maine Revised Statutes.
B. Fees. Fees for retail marijuana establishments shall be as set by Council Order in the City's Schedule of
Fees in accordance with 28-B M.R.S. § 401(3).
C. Application process.
LD An application form for a certificate of local authorization may be obtained from, and shall be
submitted to, the City Clerk. The format of the application submitted shall be as set by the City
Clerk.
For an application to be considered, it must be submitted with a conditional license from the State
approved in accordance with 28-B M.R.S. 5 205(3) and the retail marijuana establishment fee as set
in accordance with subsection B above.
Upon receipt of a complete application, the City Clerk shall forward the application to the City Council
for their consideration.
19-275 07/08/19
D. City Council action on application.
The City Clerk shall take such action as may be reasonably required to inform, by United States mail
the applicant and all persons owningproperty within 100 feet of the exterior boundaries of the real
estate under consideration of when the City Council is scheduled to consider the application. For
purposes of the notice required hereunder, the owners of property shall be considered those against
whom taxes were assessed on the prior April 1. Failure of any person owningproperty within said
100 feet to receive notices provided herein shall not invalidate any action by the Council.
The City Council shall consider the application within 30 days of the complete application being_
received by the City Clerk.
If the Council finds that the applicant meets the criteria required under subsection E of this section,--
the
ectionthe Council shall cause to be issued a certification of local authorization in accordance with 28-B
M.R.S. § 205.
E. Criteria. The applicant must demonstrate that they comply with the following laws and requirements in
order to be granted a certification of local authorization:
M The licensing criteria set forth in 28-B M.R.S. §§ 202, 203, and 402.
0 Chapter 165 of the Bangor City Code.
M Chapter 177, Sections 177-5 through 177-7 of the Bangor City Code.
The applicant has paid all real estate and personal property taxes, sewer user fees and other debts
owed to the city then currently due, subject to the terms of 5 85-5(B) of this Code.
F. Term. The Certificate of Local Authorization shall be valid for a period of one year.
1§ 77-9 Violations and penalties.
Whoever violates the provisions of this article 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 struea gh.
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