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Home My WebLink About2022-09-26 22-332 ORDINANCE 22-332 09/26/2022 CITY COUNCIL ACTION Council Meeting Date: September 26, 2022 Item No: 22-333 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending Chapter 177, Article I Medical Marijuana Code, by Establishing the Process to Obtain a Local Authorization Form for Medical Marijuana Establishments, the Process to Suspend or Revoke a Local Authorization Form, and the Process to Appeal a Local Authorization Suspension or Revocation Decision Summary According to the Maine Office of Cannabis Policy, in addition to the OfficeÓs standard application form, the applicant must submit a local authorization form completed by the city or town in which the establishment will be located. Presently, the City has the process to obtain a local authorization form for retail marijuana establishments, but not medical marijuana establishments. The proposed changes to Chapter 177, Article 1 will provide the process to obtain a local authorization for medical marijuana establishments in accordance with the Maine Medical Marijuana Act, the process to suspend or revoke a local authorization form, and the appeal process. Committee Action Committee: Government Operations Committee Meeting Date: September 20, 2022 Action: Recommended for Approval For: 3 Against: 0 Staff Comments & Approvals Finance City Manager City Solicitor Director Introduced for: First Reading 22-332 09/26/2022 CITY COUNCIL ORDINANCE Date: September 26, 2022 Assigned to Councilor: Davitt ORDINANCE, Amending Chapter 177, Article I Medical Marijuana Code, by establishing the process to obtain a local authorization form for medical marijuana establishments, the process to suspend or revoke a local authorization form, and the process to appeal a local authorization suspension or revocation decision; WHEREAS, the Maine Office of Cannabis Policy requires each applicant to submit a local authorization policy form in order to become a licensed medical marijuana establishment; WHEREAS, the Code of the City of Bangor does not provide the process to obtain a local authorization form for medical marijuana establishments; 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: § 177-3 Security and oversight requirements. . . . E. Medical A medical marijuana establishment must provide for off-site disposal of solid waste in compliance with Chapter 265 of this code. . . . § 177-4 Medical marijuana establishment license. A. State license required. No medical marijuana establishment may operate unless the establishment is licensed, registered or certified, as applicable, by the State Licensing Authority pursuant to the requirements of Title 22, Chapter 558-C, of the Maine Revised Statutes. B. Fees. Fees for medical marijuana establishments shall be set by Council Order in the CityÓs Schedule of Fees. 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 set by the City Clerk or his or her designee. (2) For an application to be considered, each applicant must submit the following supporting materials: a. A copy of the applicantÓs state license application and supporting documentation, as submitted to the State Licensing Authority. b. If not included in the applicantÓs state license application, attested copies of any articles of incorporation, bylaws, operating agreement, partnership agreement or articles of 22-332 09/26/2022 association that govern the entity that will own and/or operate the medical marijuana establishment. c. If not included in the applicantÓs state license application, an affidavit that identifies all owners, officers, members, managers or partners of the Applicant, their ownership interests, and their places of residence at the time of the application and for the immediately preceding three (3) years. Supporting documents, including but not limited to motor vehicle operatorÓs license, motor vehicle registration, voter registration or utility bills shall be provided. d. A release for each applicant and for each officer, owner, member, manager or partner of the Applicant seeking a license allowing the City of Bangor or its officials to obtain criminal records and other background information related to the individual. e. Evidence of all land use approvals or conditional land use approvals required to operate the medical marijuana establishment, including but not limited to building permit, conditional or special use approval, change of use permit and/or certificate of occupancy. f. Evidence of all other local approvals or conditional approvals required to operate the medical marijuana establishment, including an applicable food or victualerÓs license. (3) If the City Clerk determines that a submitted application is not complete, he or she shall notify the applicant within ten (10) business days of the additional information required to process the application. If such additional information is not submitted within thirty (30) days of the City ClerkÓs request, the application may be denied. D. City 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 in Subsection E below. (2) The City Clerk or his or her designee shall consider the application within ninety (90) days. (3) If the City Clerk or his or her designee finds that the applicant meets the criteria required under Subsection E of this section, the City Clerk or his or her designee shall issue a certification of local authorization. E. Criteria. The applicant must demonstrate compliance with the following laws and requirements in order to be granted a certification of local authorization: (1) The licensing criteria set forth in 22 M.R.S.A. § 2425-A(6)-(8). (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, §§ 177-1 through 177-4(A)-(C) 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 terms of § 85-5B of this code. 22-332 09/26/2022 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 determination that a medical marijuana establishment no longer meets one or more of the criteria listed in Subsection E above. H. Appeals. Appeals from decisions made pursuant to this § 177-4 may be made to Superior Court in accordance with Maine Rules of Civil Procedure 80B. § 177-5 § 177-5 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. IN CITY COUNCIL SEPTEMBER 26, 2022 COrd 22-332 First Reading CITY CLERK IN CITY COUNCIL OCTOBER 12, 2022 COrd 22-332 Motion made and seconded for Passage Vote: 6 – 0 Councilors Voting Yes: Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK