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HomeMy WebLinkAbout2016-11-01 16-387 ORDINANCECOUNCIL ACTION Item No. 16-387 Date: November 1, 2016 Item/Subject: ORDINANCE, Enacting a Moratorium on Retail Marijuana Social Clubs Responsible Department: Legal Commentary: This ordinance would enact a moratorium on retail marijuana social clubs in the City of Bangor. On November 8, Maine citizens will vote on the Marijuana Legalization Act, which would legalize the recreational use of marijuana. The Police Chief and Public Health Director have indicated that there are potentially significant health and safety consequences of widespread use of marijuana, including effects on drivers and diversion of marijuana to children. Of particular concern is the creation of marijuana social clubs. Unless specifically prohibited by the municipality, the law allows for the immediate establishment of social clubs. That means that the city could have marijuana social clubs established as early as mid-December. Concerns raised specifically by the Police Chief revolve around our ability to determine levels of impairment when operating a motor vehicle. Without such ability, the Chief has raised concerns that this poses a significant safety risk for the general public. Additionally, the City will need to determine what zones, if any are appropriate for such social clubs. Specifically, this ordinance would prohibit retail marijuana social clubs, for a period of six months. Because the remainder of the law provides that the City will have sufficient ability to review potential legislative changes and rulemaking prior to its enactment, the City reserves the ability to make future moratoriums on other aspects of the law. If approved, this will allow the Council an opportunity to gain additional information about the consequences of allowing these uses in Bangor and to see what regulations may be appropriate for such uses. In order to enact this moratorium immediately, the ordinance requirement of two readings must be waived by a two-thirds vote of the Council. Manager's Comments: Associated Information: Ordinance Budget Approval: Department Head City Manager Finance Director Legal Approval: City Solicitor Introduced for x Passage First Reading Referral AS AMENDED 16-387 NOVEMBER 1, 2016 Assigned to Councilor Durgin SA -ter• CITY OF BANGOR O� iE 6' �R4D.FE ORDINANCE, Enacting a Moratorium on Retail Marijuana Establishments and Retail Marijuana Social Clubs WHEREAS, the Marijuana Legalization Act (the "Act"}, on the ballot in Maine on November 8, 2016, would legalize the recreational use of marijuana; WHEREAS, the Act allows a municipality to regulate or prohibit the operation of retail marijuana establishments (stores, cultivation facilities, products manufacturing facilities, and testing facilities) and retail marijuana social clubs (businesses selling marijuana for consumption on the premises) within the municipality's jurisdiction; WHEREAS, there are concerns about the pubic health and safety of marijuana as well as concerns about the impact that this law will have on Bangor; WHEREAS, the City needs time to understand the outcomes of this legislation and rulemaking before determining whether retail marijuana can be safely and compatibly permitted in Bangor; WHEREAS, the legislative process provides an opportunity for increased discussion and awareness of the consequences of allowing recreational marijuana, and discussion of the impacts on the community; WHEREAS, retail marijuana establishments and social clubs are a potentially ongoing public health, safety, and welfare concern in that there is no measure for public safety personnel to determine a person's ability to safely operate motorized vehicles; WHEREAS, the increased use of marijuana, including through its cultivation, sale, and use in social clubs in Bangor, therefore creates the potential for additional burden on the City of Bangors public facilities, especially the City's public health and public safety resources; WHEREAS, a temporary prohibition on retail marijuana establishments and social clubs is therefore appropriate in order to determine what regulation, if any, is necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT A moratorium on retail marijuana establishments and retail marijuana social clubs is enacted as follows: AS AMENDED 16-387 NOVEMBER 1, 2016 § 1. Necessity, Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or 8) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on retail marijuana establishments and retail marijuana social clubs is necessary and warranted. § 2. Moratorium. Retail marijuana establishments and retail marijuana social clubs, as defined in the Marijuana Legalization Act, are prohibited in the City of Bangor. Furthermore, no building permit, certificate of occupancy, or other permit shall be issued for any such use. § 3. Term. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. § 4. Applicability. Notwithstanding the provisions of I M.R.S. § 302, this moratorium shall apply retroactively to all actions and proceedings pending on November 8, 2016 or thereafter. COUNCIL ACTION Item No. 16-387 Date: November 1, 2016 Item/Subject: ORDINANCE, Enacting a Moratorium on Retail Marijuana Establishments and Retail Marijuana Social Clubs Responsible Department: Legal Commentary: This ordinance would enact a moratorium on retail marijuana social clubs in the City of Bangor. On November 8, Maine citizens will vote on the Marijuana Legalization Act, which would legalize the recreational use of marijuana. The Police Chief and Public Health Director have indicated that there are potentially significant health and safety consequences of widespread use of marijuana, including effects on drivers and diversion of marijuana to children. Of particular concern is the creation of marijuana social clubs. Unless specifically prohibited by the municipality, the law allows for the immediate establishment of social clubs. That means that the city could have marijuana social clubs established as early as mid-December. Concerns raised specifically by the Police Chief revolve around our ability to determine levels of impairment when operating a motor vehicle. Without such ability, the Chief has raised concerns that this poses a significant safety risk for the general public. Additionally, the City will need to determine what zones, if any are appropriate for such social clubs. Specifically, this ordinance would prohibit retail marijuana social clubs, for a period of six months. Because the remainder of the law provides that the City will have sufficient ability to review potential legislative changes and rulemaking prior to its enactment, the City reserves the ability to make future moratoriums on other aspects of the law. If approved, this will allow the Council an opportunity to gain additional information about the consequences of allowing these uses in Bangor and to see what regulations may be appropriate for such uses. In order to enact this moratorium immediately, the ordinance requirement of two readings must be waived by a two-thirds vote of the Council. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: �� City Solicitor Introduced for x Passage First Reading Referral 16-387 NOVEMBER 1, 2016 A55igned to Councilor Durgin r,. U� gAN a :x CITY OF BANGOR ORDINANCE, Enacting a Moratorium on Retail Marijuana Social Clubs WHEREAS, the Marijuana Legalization Act (the "Act"), on the ballot in Maine on November 8, 2016, would legalize the recreational use of marijuana; WHEREAS, the Act allows a municipality to regulate or prohibit the operation of retail marijuana establishments (stores, cultivation facilities, products manufacturing facilities, and testing facilities) and retail marijuana social dubs (businesses selling marijuana for consumption on the premises) within the municipality's jurisdiction; WHEREAS, there are concerns about the public health and safety of marijuana as well as concerns abut the impact that this law will have on Bangor; WHEREAS, the City needs time to understand the outcomes of this legislation and rulemaking before determining whether retail marijuana can be safely and compatibly permitted in Bangor; WHEREAS, the legislative process provides an opportunity for increased discussion and awareness of the consequences of allowing recreational marijuana, and discussion of the impacts on the community; WHEREAS, the proposed law provides that, unlike the sale and cultivation of marijuana, social clubs are not subject to rule making and may be permitted as soon as certified and signed by the Governor, which could be as soon as mid-December; WHEREAS, marijuana social clubs are a potentially ongoing public health, safety, and welfare concern in that there is no measure for public safety personnel to determine a person's ability to safely operate motorized vehicles; WHEREAS, the increased use of marijuana in social clubs in Bangor creates the potential for additional burden on the City of Bangor's public facilities, especially the City's public health and public safety resources; and WHEREAS, a temporary prohibition on social clubs is therefore appropriate, in order to determine what regulation, if any, is necessary; BE IT ORDAINED) BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT 16-387 NOVEMBER 1, 2016 A moratorium on the issuance of permits for facilities dispensing buprenorphine is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on retail marijuana social clubs is necessary and warranted. § 2. Moratorium. Retail marijuana social dubs, as defined in the Marijuana Legalization Act, are prohibited in the City of Bangor. Furthermore, no building permit, certificate of occupancy, or other permit "I be issued for any such use. § 3. Term. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a Wing by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. § 4. Applicability. Notwithstanding the provisions of 1 M.R.S. § 302, this moratorium shall apply retroactively to all actions and proceedings pending on November 8, 2016 or thereafter. IN CITY COUNCIL NOVEMBER 1, 2016 COr 16-387 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO AMEND BY SUBSTITUTION 16-387 TO INCLUDE ALL RETAIL MARIJUANA ESTABLISHMENTS AMENDMENT PASSED MOTION MADE AND SECONDE TO WAIVE SECOND READING OF 16-387 SECOND.READING WAIVED BILL SHOOK AND BRUCE CAMPBELL SPOKE IN FAVOR OF THE MORATORIUM JAY NUTTING SPOKE TO DISPEL ANY MISCONCEPTIONS OF ESTABLISHMENTS BEING ABLE TO OPEN IMMEDIATELY IF THIS MEASURE PASSES. HE INDICATED IT COULD TAKE QUITE SOME TIME BEFORE RULES AND REGULATIONS ARE IN PLACE TO ALLOW FOR THESE ESTABLISHMENTS MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED VOTE: 8-0 COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NICHOLS, PERRY, PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO: NONE PASSED AS AMENDED .� CITY CLERK