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Home My WebLink About2019-12-23 20-043 ORDINANCETitle, Ordinance 20-043 12/23/2019 Amending Chapter 165, Land Development Code, and Chapter 177, Marijuana, by Allowing Nonconforming Medical Marijuana Stores to Convert to Recreational Marijuana Stores Summary This ordinance amendment would clarify that nonconforming medical marijuana stores may become recreational marijuana stores and vice versa. The state has recently begun accepting application for recreational marijuana stores. Several existing medical marijuana businesses in the City may wish to become recreational marijuana stores, including some which are grandfathered nonconforming stores. Alternatively, if they have two doors, some may wish to split the area of the business and have both a medical and a recreational store. City ordinances treat medical and recreational marijuana stores identically in most respects, and licensing requirements for recreational marijuana stores are as strict as or stricter than for medical marijuana stores. As a result, the conversion of these stores from medical marijuana to recreational marijuana stores and vice versa do not pose a threat to the health, safety, or welfare of Bangor and its people. The ordinance also clarifies several other City ordinances. First, it clarifies the definition of building in line with current practice, as the City has received a number of questions about what is considered a building in relation to potential marijuana locations. Second, it clarifies that the City shall issue a certificate of occupancy before a recreational marijuana business is issued final approval by the state, in keeping with state requirements. Third, it removes a reference to a business license, as a certificate of local authorization is to be issued to a recreational marijuana business, not a business license. This ordinance advances the Council goal of promoting job creation and tax base stabilization through attraction and retention of new business. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: January 7, 2020 For: Against: This item was discussed at a Council workshop on November 25, 2019. r• r w" I1 -it, Ctk� fY1 City Mana gar amity So it ciito Finance Director Introduced for: First Reading and Referral CITY COUNCIL ORDINANCE Date: December 23, 2019 Assigned to Councilor: Nichols 20-043 12/23/2019 ORDINANCE, Amending Chapter 165, Land Development Code, and Chapter 177, Marijuana, by Allowing Nonconforming Medical Marijuana Stores to Convert to Recreational Marijuana Stores WHEREAS, the state has recently begun accepting application for recreational marijuana stores; WHEREAS, several medical marijuana stores are presently located in the City which may wish to become recreational marijuana businesses; WHEREAS, some of these businesses are grandfathered nonconforming stores; WHEREAS, City ordinances treat medical and recreational marijuana stores identically in most respects; WHEREAS, licensing requirements for recreational marijuana stores are as strict or stricter than for medical marijuana stores, including required testing of marijuana products; WHEREAS, the conversion of these stores from medical marijuana to recreational marijuana stores or vice versa does not pose a threat to the health, safety, or welfare of Bangor and its people; WHEREAS, the City has received a number of questions about what is considered a building in relation to potential marijuana locations; WHEREAS, the State requires the City to issue a certificate of occupancy before a recreational marijuana business is issued final approval by the state; and WHEREAS, a certificate of local authorization is to be issued to a recreational marijuana business, not a business license; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended as follows: § 165-13 Definitions. BUILDING A structure having a roof supported by columns and/or ene6sed; extefieF-ovalis-of-€+r-e walls, designed for 20-042 12/23/2019 the housing, shelter, enclosure and support of individuals, animals or property of any kind. Where separated by walls from the ground up without openings, each portion of such structure shall be deemed a separate building. § 165-21 Change to another nonconforming use. C. For purposes of determining nonconformities, marijuana stores as defined in § 165-13, including medical marijuana caregiver stores, medical marijuana dispensaries, retail marijuana stores, or any combination thereof, are considered the same use. § 177-8 Retail marijuana establishment license. A. License required. No retail marijuana establishment may operate unless the establishment has been granted a certification of local authorization by the City and final approval by the State in accordance with Title 28-13, Chapter 1 of the Maine Revised Statutes. § 177-9 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 less ef their Gity issued business Imeense, er both. Each day a violation exists shall constitute a separate offense. Additions are underlined, deletions sea#. Memorandum To: Honorable Bangor City Council From: Anne M Krieg AICP, Planning Officer Date: January 8, 2020 CC: Tanya Emery, Director of Community and Economic Development Paul Nicklas, City Solicitor Jeff Wallace, Code Enforcement Officer Re: Planning Board Recommendation January 7, 2020 Land Development Code Text Amendment Change – Marijuana – To Amend Chapter 165, Land Development Code, and Chapter 177, Marijuana, by Allowing Nonconforming Medical Marijuana Businesses to Convert to Recreational Marijuana Businesses. Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on January 7, 2020. City Solicitor Paul Nicklas reviewed the purpose and tenets of the ordinance, as well as the history of marijuana business regulation. He noted that medical was allowed first and businesses opened, and then, additional medical and recreational regulations were passed. As the code and regulations changed, nonconformities arose. Planning Board members asked for clarification of a few items such as expansion of space and separation of uses within a building. Nicholas Spinney, an operator of a marijuana testing facility in Bangor, spoke in favor of the ordinance. He noted some of the differences in retail and recreational marijuana as to testing and age limits. Winona Polanski, manager of a medical marijuana business on State Street, also spoke in favor of the ordinance change. She noted that people with medical cards have let their cards lapse since the state has made recreational/retail lawful so they are waiting for retail marijuana to be available. Planning Officer Anne Krieg reviewed staff comments which included a summary of what non- conforming means. Member Brush moved to recommend the Land Development Code Text Amendment as written. Member Durgin seconded the motion. All were in favor of the motion (Chair Huhn, Members Durgin, Brush and Associate Member Bazinet.) 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV IN CITY COUNCIL DECEMBER 23,2019 Cord 20-043 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF JANUARY 7,2020 CITY CLERK JANUARY 13,2020 Cord 20-043 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9 -0 COUNCILORS VOTING YES: FOURNIER,HAWES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE, OKAFOR COUNCILORS VOTING NO: NONE PASSED 5�-" -, (--) CITY"CLERY