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HomeMy WebLinkAbout2022-05-09 22-178 ORDINANCE22-178 05-09-2022 CITY COUNCIL ACTION Council Meeting Date: May 9, 2022 Item No: 22-178 Responsible Dept: Legal Action Requested: Ordinance Title, Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Word Usage and Definitions, Section 165-13, by Amending the Definition of Medical Marijuana Dispensary Summary State law on marijuana and dispensaries has been evolving quickly. The State of Maine Office of Marijuana Policy (OMP) has recently taken the position that, under the current state law, a medical marijuana dispensary application is not complete unless it includes local authorization for the dispensary. The City Code's current definition of a "medical marijuana dispensary" states that, "No application for certificate of occupancy shall be approved for a medical marijuana dispensary unless it has been issued a valid registration certificate by the state..." As such, under current state law as interpreted by the OMP and the City's current definition of a "medical marijuana dispensary", an applicant for a medical marijuana dispensary cannot obtain a local certificate of occupancy without first obtaining a registration certificate from the state, and cannot obtain state certification without first obtaining the local authorization. Thus, the current State of Maine OMP application for a medical marijuana dispensary, which gets submitted to the municipality first under state law, requires the City to fill in the date of local authorization, which would be contrary to the City's current definition of a "medical marijuana dispensary." This ordinance amendment would remove from the definition of a "medical marijuana dispensary" the requirement that state registration certificate be received before the City can issue a certificate of occupancy, so that the City is able to complete its portion of the required state application of an applicant for a medical marijuana dispensary, and the applicant may proceed to submit the application for certification to the State of Maine. Committee Action Committee: Government Operations Committee Action: Recommended for Passage Meeting Date: May 2, 2022 For: 4 Against: 0 Staff Comments & Approvals Staff recommends waiver of the requirement of readings on two separate days, so that pending applications may be acted upon. City Manager City Solicitor Finance DirecTar Introduced for: First Reading and Passage 22-178 05-09-2022 CITY COUNCIL ACTION Date: May 9, 2022 Assigned to Councilor: Hawes ORDINANCE, Amending Chapter 165, Section 165-13, by Amending the Definition of Medical Marijuana Dispensary, WHEREAS, under current state law as interpreted by the State of Maine Office of Marijuana Policy, an applicant for a medical marijuana dispensary must receive local approval before an application for state certificate can be completed, and WHEREAS, under the City Code's current definition of a "medical marijuana dispensary," an applicant for a medical marijuana dispensary cannot receive approval for a certificate of occupancy until first receiving a registration certificate from the State, and WHEREAS, this has created a situation where an applicant's application to the state, which must go to the City first, cannot be filled out by the City, leaving the applicant without the ability to submit a completed application to the State, and WHEREAS, it is in the best interests of the residents of the City of Bangor to reconcile this inconsistency between the City's ordinance definition and the current State law, 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. MEDICAL MARIJUANA DISPENSARY A registered dispensary as defined by 22 M.R.S.A. § 2422. No application for certificate of occupancy shall be approved for a medial marijuana dispensary unless it has been issued a ali' ._gistratien eertifieate by the -state -pursuant 2 M.R.S.A. meets all ether state ocal laws and regulations. Additions are underlined, deletions are struclh. IN CITY COUNCIL MAY 9, 2022 COrd 22-178 Motion made and seconded to Waive Second Reading Vote: 7 — 0 Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Passed to Waive Second Reading Motion made and seconded for Passage Vote: 7 — 0 Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Passed CITY CLERK