HomeMy WebLinkAbout2020-05-27 20-064 ORDINANCETitle, Ordinance
20-164 05/27/2020
CITY COUNCIL ACTION
Council Meeting Date: May 27, 2020
Item No: 20-164
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 177, Marijuana, Section 177-8, by Modifying Procedural Requirements for Recreational
Marijuana Licensing
Summary
This ordinance amendment would modify licensing procedures for recreational marijuana establishments.
The City was recently informed by the State Office of Marijuana Policy that a recreational marijuana
establishment should have all of its municipal permits before the City grants the establishments a certificate of
local authorization. Earlier indications had been that an establishment would be able to first get their
certificate from the City, and then perform any necessary buildout, then receive the traditional certificate of
occupancy that any business receives before opening.
This amendment would clarify that all municipal licenses and approvals must be obtained, including a
certificate of occupancy, before the City will issue the state -required certificate of local authorization.
The amendment would also move responsibility for granting recreational marijuana business licenses to the
City Clerk, in keeping with other business licenses. It would also add provisions for suspension or revocation
of local authorization if an establishment no longer meets criteria, and would identify an appeal process.
This amendment addresses the City goal of ensuring the management and financial stability of City
government utilizing best practices.
Committee Action
Committee: Business and Economic Development
Action
Staff Comments & Approvals
Meeting Date: May 19, 2020
For:
let r, ) , A., e4�'�
City Manager
Introduced for: First Reading
Against:
City Solicitor Finance Director
CITY COUNCIL ORDINANCE
Date: May 27, 2020
Assigned to Councilor: Tremble
20-164 05/27/2020
ORDINANCE, Amending Chapter 177, Marijuana, Section 177-8, by Modifying Procedural Requirements for
Recreational Marijuana Licensing
WHEREAS, the City was recently informed that the State Office of Marijuana Policy that recreational
marijuana establishments should have all municipal permits before the City grants establishments their
certificates of local authorization;
WHEREAS, said permits include building permits, certificates of occupancy, and other permits that are not
marijuana -specific;
WHEREAS, the City Clerk currently grants business licenses for other businesses and establishments; and
WHEREAS, the recreational marijuana establishment license process presently has no provisions for
suspension, revocation, or appeal;
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
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.A. § 401(3).
C. Application process.
(1) An application form for a certificate of local authorization may be obtained from, and shall be
submitted to, the City Clerk or his or her designee. The format of the application submitted shall be
as set by the City Clerk or his or her designee.
(2) For an application to be considered, it must be submitted with a conditional license from the state
20-164 05/27/2020
approved in accordance with 28-B M.R.S.A. § 205(3) and the retail marijuana establishment fee as
set in accordance with Subsection B above.
D. City moi+ Clerk action on application.
(1) Upon receipt of a complete application, the City Clerk or his or her designee shall forward the
application to such City departments as he or she may deem appropriate in order to determine
whether a certificate of local authorization may be granted consistently with the criteria set forth in
section E below.
United States ng :ant and all peFsens ewn.ng pFepeFty within 199 feet ef the eAeFieF
eensideFed these against wheng taxes weFe assessed en the pFieF ApFil 1. FailuFe ef any peFsen-
. - . r-epeFty within said 199 feet te Feeeive igetiees pr-evided HeFein shall met invalidate any aetien
(2) The City moi+ Clerk or his or her designee shall consider the application within
the time limits set forth in 28-B M.R.S.
402(5).
(3) If the moi+ Clerk or his or her designee finds that the applicant meets the criteria required under
Subsection E of this section, the moi+ Clerk or his or her designee shall cause to be issued a
certification of local authorization in accordance with 28-B M.R.S.A. § 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:
(1) The licensing criteria set forth in 28-B M.R.S.A. §§ 202, 203, and 402.
(2) All applicable municipal approvals,, permits, and licenses required for operation, including but not
limited to building, electrical, and plumbing permits, certificates of occupancy, and the requirements
of Chapter 165 of the Bangor City Code.
(3) Chapter 177, §§ 177-5 through 177-7 of the Bangor City Code.
(4) 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 § 85-5B of this Code.
F. Term. The certificate of local authorization shall be valid for a period of one year, unless suspended or
revoked.
G. Suspension and revocation. After notice and opportunity for hearing, the City Clerk or his or her designee
may suspend or revoke a certificate of local authorization upon a determination that a retail marijuana
20-164 05/27/2020
establishment no longer meets one or more of the criteria listed in section E above.
H. Appeals. Appeals from decisions made pursuant to this Section 177-8 may be made to Superior Court in
accordance with Maine Rule of Civil Procedure 80B.
Additions are underlined, deletions strtrel( thFeugr.
IN CITY COUNCIL
MAY 27,2020
COrd 20-164
Motion made and seconded for First Reading
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble, Davitt
Councilors Voting No: None
Passed
CI CLE
IN CITY COUNCIL
JUNE 8,2020
COrd 20-164
Motion made and seconded for Passage
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble, Davitt
Councilors Voting No: None
Passed
CITY CLE