HomeMy WebLinkAbout2024-01-08 24-063 Ordinance24-063 01/08/2024
CITY COUNCIL ACTION
Council Meeting Date: January 8, 2024
Item No: 24-063
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chap. 177, Art. II, Retail Marijuana, §177-7, by Adding subsection 177-7(K), To Clarify That Retail
Marijuana Establishments May Not Transact Sales of Cannabis at Off -Site Specified Events
Summary
This Ordinance amendment, 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 enacted LD 202, "An Act to Clarify the Requirements for Adult Use Cannabis
Stores to Transact Sales at Specified Events." This state law does not require municipalities to permit sales of
adult use cannabis or cannabis products at off -site specified events, but sets 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
state law 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.
As the state law does not allow consumption of cannabis at the specified event, policing to ensure compliance
with the state law is anticipated to be an issue organizers of specified events would have to address were such
off -site cannabis sales to be permitted at specified events.
This item was reviewed by the Government Operations Committee at its January 3, 2024 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 specified events that occur within
the City of Bangor.
Committee Action
Committee: Government Operations
Action: Recommended for passage
Staff Comments & A
M/ /
Is
Meeting Date: January 3, 2024
For:
Against:
City Manager City Solicitor V11 101ce Director
Introduced for: First Reading
24-063 01/08/2024
CITY COUNCIL ORDINANCE
Date: January 8, 2024
Assigned to Councilor: Fish
ORDINANCE, Amending Chap. 177, Art. II, Retail Marijuana, §177-7, by Adding subsection 177-7(K), To
Clarify That Retail Marijuana Establishments May Not Transact Sales of Cannabis at Off -Site Specified Events
WHEREAS, the recent passage of the state law 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 adult use cannabis
stores may not transact sales of 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 hstFHek thFeHgh.
IN CITY COUNCIL
JANUARY 8, 2024
COrd 24-063
First Reading
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CITY CLERK
IN CITY COUNCIL
JANUARY 22, 2024
COrd 24-063
Motion made and seconded for Passage
Vote: 8 — 1
Councilors Voting Yes: Fish, Hawes, Yacoubagha, Tremble, Fournier, Schaefer, Deane
Councilors Voting No: Leonard
Passed
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CITY CLERK