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
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CITY OF BANGOR
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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