HomeMy WebLinkAbout2023-10-11 23-313 Ordinance23-313 10/11/23
CITY COUNCIL ACTION
Council Meeting Date: October 11, 2023
Item No: 23-313
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 177, Article II, Retail Marijuana, Section 177-7, by Adding Section 177-7(K), To Clarify That
Retail Marijuana Establishments May Not Transact Sales of Adult Use Cannabis or Cannabis Products at Off -
Site Specified Events
Summary
This Ordinance, if passed, would amend Chapter 177, Article II, Retail Marijuana, to clarify that retail
marijuana establishments may not transact sales of adult use cannabis or cannabis products at off -site
specified events that take place within the City of Bangor.
The State Legislature recently passed LD 202, "An Act to Clarify the Requirements for Adult Use Cannabis
Stores to Transact Sales at Specified Events." This state statute does not require municipalities to permit sales
of adult use cannabis or cannabis products at off -site specified events, but, when it becomes effective, it will
set up a procedure for adult use cannabis stores to apply for a permit from the State Department of
Administrative and Financial Services, which would be a temporary authorization from the State for a cannabis
store to conduct sales of adult use cannabis and cannabis products at specified events. These specified events
would typically occur off the premises of an adult use cannabis store, and the requests for State permits may
come from adult use cannabis stores located within or outside the City of Bangor.
An applicant for a State permit would need municipal authorization in order to obtain the State permit, and the
statute allows municipalities to restrict the sale of adult use cannabis and cannabis products at specified
events, including prohibiting such sales. Without municipal approval, an applicant will not be able to obtain a
State permit.
This item was reviewed by the Government Operations Committee at its October 2, 2023 meeting, with the
Committee recommending the proposed ordinance revision, which clarifies that retail marijuana establishments
may not transact sales of adult use cannabis or cannabis products at off -site special events that occur within
the City of Bangor.
Committee Action
Committee: Government Operations
Action: Recommended for passage
Meeting Date: October 2, 2023
For:
Against:
Staff Comments & Approvals
City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
23-313 10/11/23
CITY COUNCIL ORDINANCE
Date: October 11, 2023
Assigned to Councilor: Tremble
ORDINANCE, Amending Chapter 177, Article II, Retail Marijuana, Section 177-7, by Adding Section 177-7(K),
To Clarify That Retail Marijuana Establishments May Not Transact Sales of Adult Use Cannabis or Cannabis
Products at Off -Site Specified Events
WHEREAS, the recent passage of the state statute known as LD 202 has generated a need for the City to
amend its Retail Marijuana ordinance to clarify regarding adult use cannabis establishments transacting sales
of adult use cannabis or cannabis products at off -site specified events that occur within the City of Bangor;
WHEREAS, the City Council finds that it is in the best interests of the City to clarify that retail marijuana
establishments or adult use cannabis stores may not transact sales of adult use cannabis or cannabis products
at off -site specified events that occur within the City of Bangor;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 177, Article II, Retail Marijuana, of the Code of the City of Bangor is hereby amended as follows:
§ 177-7 Security and oversight requirements.
K. A retail marijuana establishment or adult use cannabis store, whether located within or outside the City
of Bangor, may not transact sales of adult use cannabis or cannabis products at off -site, specified events that
take place within the City of Bangor.
Additions are underlined, deletions strue�k threugh.
IN CITY COUNCIL
OCTOBER 11, 2023
COrd 23-313
First Reading and Referral to Planning Board Meeting on October 17, 2023
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CITY CLERK
IN CITY COUNCIL
OCTOBER 23, 2023
COrd 23-313
Motion made and seconded for Passage
Vote: 3 - 4
Councilors Voting Yes: Hawes, Sprague, Tremble,
Councilors Voting No: Davitt, Leonard, Schaefer, Pelletier
Motion Failed
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CITY CLERK