HomeMy WebLinkAbout2010-04-26 10-153 ORDINANCECOUNCIL ACTION
Item No. 10 i 5 :3
Date: April 26, 2010
Item/Subject: ORDINANCE, Enacting a Moratorium on Medical Marijuana Dispensaries
Responsible Department: Legal
Commentary:
On April 7, 2010, the Maine Legislature passed a revised version of the medical marijuana law voted on
last November at referendum. The Maine Medical Marijuana Act will allow those with certain medical
conditions to obtain and use marijuana from not-for-profit dispensaries. The Act allows municipalities to
limit the number of and enact reasonable regulations on dispensaries.
After a first version of a Land Development Code amendment was unanimously voted against by the
Planning Board, a new version was drafted that would allow dispensaries in most commercial and
industrial areas of the City, excepting the downtown and the airport. It would not allow dispensaries
within 300 feet of schools, churches, parks, and residences. The Infrastructure Committee considered the
new version on April 20 and tabled it until the next meeting after asking staff to look into certain aspects
of the issue.
The City has in place an ordinance that requires those wishing to open a dispensary first to be registered
with the State. The State Department of Health and Human Services has yet to adopt regulations
governing registration, oversight, and security of dispensaries, and has until July 1 to do so. After DHHS
adopts regulations, it will begin bidding out and choosing dispensaries.
The proposed moratorium would last until September 1, 2010, ensuring that the City has enough time to
review the State rules and regulations after they are adopted and to adopt reasonable municipal
regulations governing the location and operation of the dispensaries.
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Associated Information: Jac
Budget Approval: P
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
x First Reading
x Referral to the Infrastructure Committee on May 4
1 C- : 5
As Further Amended at
Infrastructure Meeting
of 5/4/10
pf BA,y �
CITY OF BANGOR
�gATE D,fE y.
(TITLE.) Ordinance, Enacting a Moratorium on Medical Marijuana Dispensaries
WHEREAS, a referendum was passed by the Maine voters liberalizing the laws relating to Marijuana
Dispensaries; and
WHEREAS, the State of Maine has not formulated rules and regulations for the licensing of
Marijuana Dispensaries; and
WHEREAS, the potential location of Marijuana Dispensaries and Sites of Marijuana Cultivation in the
City of Bangor raises legitimate and substantial questions and concerns about the impact of such
facilities on the City of Bangor, including questions of the adequacy of streets for additional traffic; the
compatibility of said Dispensaries and Sites within existing residential and commercial zones; the
potential adverse health and safety effects of the Dispensaries and Sites on the community; the
possibility of illicit sale and use of illegal drugs, misuse of prescribed marijuana, associated criminal
activity, and drug related deaths; and the increased burden on the Bangor Police Department; and
WHEREAS, marijuana is illegal to possess under federal law; and
WHEREAS, the State of Maine allows the possession of certain amounts of marijuana, and
WHEREAS, the current land Development Code and Comprehensive Plan do not adequately address
the concerns listed above; and
WHEREAS, the possible effects of the location of Marijuana Dispensaries and Sites of Marijuana
Cultivation has implications for the health, safety, welfare, and moral climate of the City of Bangor and
its citizens; such implications include, but are not limited to, the location of such dispensaries or sites
proximate to schools, residential areas, and public ways; and
WHEREAS, the City of Bangor needs a reasonable amount of time to study the Land Use Ordinance
and Comprehensive Plan to determine the implications of future proposed Marijuana Dispensaries and
Sites of Marijuana Cultivation and to develop reasonable regulations governing the location and
operations of such treatment facilities; and
WHEREAS, the City of Bangor, under its home rule' authority and its police power, has the authority to
impose reasonable restrictions, conditions, and limitations on such a facility; and
WHEREAS, the Council members for the City of Bangor, through the advice of the Bangor Planning
Board and staff, shall study the Bangor Land Development Code to determine the land use implications
of Marijuana Dispensaries and Sites of Marijuana Cultivation and consider what locations and
conditions of approval might be appropriate for such facilities and such cultivation; and
WHEREAS, the existing Comprehensive Plan, Land Development Code, and other applicable laws and
regulations, if any, are not adequate to prevent serious public harm by the development of Marijuana
Dispensaries and Sites of Marijuana Cultivation in the City of Bangor; and
WHEREAS, the Moratorium is necessary to prevent an overburdening of public facilities that is
reasonably foreseeable as the result of Marijuana Dispensaries being located in the City of Bangor; and
WHEREAS, it is anticipated that such a study, review, and development of recommendations will take
at least one hundred eighty (180) days;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT THE FOLLOWING MORATORIUM ON MARIJIUANA DISPENSARIES IS ENACTED:
1. Applicability and Purpose: This moratorium shall apply to Marijuana Dispensaries and Sites of
Marijuana Cultivation, as defined below, that may be proposed to be located within the City of
Bangor.
2. Prohibition: During the time this Ordinance is in effect, no officer, official, employee, office, board,
or agency of the City of Bangor shall accept, process, approve, deny, or In any other way act upon
any application for a building permit, certificate of occupancy, conditional use plan review and/or
any other permits related to such use. No person or organization shall develop or operate
Marijuana Dispensaries or Sites of Marijuana Cultivation within the City of Bangor on or after April
26, 2010.
3. Enforcement, violation, and penalties: If Marijuana Dispensaries are established in violation of this
Ordinance, each day of any continuing violation shall constitute a separate offense for this purpose.
The City shall be entitled to all rights available to it in law and equity, including its reasonable
attorney fees and costs in prosecuting any violations.
4. Definitions: As used in this Ordinance, the following terms have the following meanings:
a. "Marijuana" shall have the definition set forth in Tide 17-A M.R.S.A. Section 1101(1).
b. "Marijuana Dispensaries" means one or more marijuana dispensary, facility or location,
whether fixed or mobile, where medical marijuana is made available to or distributed to any
person or entity authorized to receive it under Maine Law.
c. "Sites of Marijuana Cultivation" means one or more sites at which marijuana may be
cultivated for the specific purpose of making available to or distributed to any person or entity
authorized to receive it under Maine Law.
5. Date: This Ordinance shall apply retroactively to April 26, 2010 and shall remain in effect for a
period of one hundred eighty (180) days after said date, unless extended, repealed, or modified by
the Bangor City Council.
6. Pending proceedings: Notwithstanding the provisions of Title 1 M.R.S.A § 302, this Ordinance shall
apply to any proposal to establish Marijuana Dispensaries or Sites of Marijuana Cultivation, whether
or not an application or proceeding to establish said use would be deemed a pending proceeding
under Title 1 M.R.S.A. § 302.
10 ` r
7. Action by the City Council and Planning Board: During the effective period of this Ordinance, the
Planning Board and staff shall expeditiously act to review the implications of such Dispensaries and
Sites on, among other things, the health, safety, welfare, traffic, law enforcement, land use,
aesthetic, property value, and environmental Impacts on the City of Bangor and Its citizens. Toward
the end of the Moratorium, the City will hold at least one public hearing and receive input from
interested parties. The Planning Board and interested parties shall endeavor to submit
recommendations for permanent action by September 20, 2010.
8. Severability: Should any section or provision of this Ordinance be declared by any court to be
invalid, such a decision shall not invalidate any other section or provision.
CITY OF BANGOR
(TITLE.) Ordinance, Enacting a Moratorium on Medical Marijuana Dispensaries
April 26, 2010
Amended
WHEREAS, a referendum was passed by the Maine voters liberalizing the laws relating to Marijuana
Dispensaries; and
WHEREAS, the State of Maine has not formulated rules and regulations for the licensing of
Marijuana Dispensaries; and
WHEREAS, the potential location of Marijuana Dispensaries and Sites of Marijuana Cultivation in the
City of Bangor raises legitimate and substantial questions and concerns about the impact of such
facilities on the City of Bangor, including questions of the adequacy of streets for additional traffic; the
compatibility of said Dispensaries and Sites within existing residential and commercial zones; the
potential adverse health and safety effects of the Dispensaries and Sites on the community; the
possibility of illicit sale and use of illegal drugs, misuse of prescribed marijuana, associated criminal
activity, and drug related deaths; and the increased burden on the Bangor Police Department; and
WHEREAS, marijuana is illegal to possess under federal law; and
WHEREAS, the State of Maine allows the possession of certain amounts of marijuana, and
WHEREAS, the current Land Development Code and Comprehensive Plan do not adequately address
the concerns listed above; and
WHEREAS, the possible effects of the location of Marijuana Dispensaries and Sites of Marijuana
Cultivation has implications for the health, safety, welfare, and moral climate of the City of Bangor and
Its citizens; such implications include, but are not limited to, the location of such dispensaries or sites
proximate to schools, residential areas, and public ways; and
WHEREAS, the City of Bangor needs a reasonable amount of time to study the Land Use Ordinance
and Comprehensive Plan to determine the implications of future proposed Marijuana Dispensaries and
Sites of Marijuana Cultivation and to develop reasonable regulations governing the location and
operations of such treatment facilities; and
WHEREAS, the City of Bangor, under its home rule authority and Its police power, has the authority to
impose reasonable restrictions, conditions, and limitations on such a facility; and
WHEREAS, the Council members for the City of Bangor, through the advice of the Bangor Planning
Board and staff, shall study the Bangor Land Development Code to determine the land use implications
of Marijuana Dispensaries and Sites of Marijuana Cultivation and consider what locations and
conditions of approval might be appropriate for such facilities and such cultivation; and
10 153
+°fB4q s Assigned to Councilor - Blanchette April 26, 2010
CITY OF BANGOR
(TITLE.) Ordinance, Enacting a Moratorium on Medical Marijuana Dispensaries
WHEREAS, legislation adopted by a State-wide referendum vote on November 3, 2009 liberalized the
laws relating to medical marijuana dispensaries;
WHEREAS, the State of Maine's Department of Health and Human Services is required to but has not
yet formalized the rules and regulations relating to the licensing of medical marijuana dispensaries;
WHEREAS, the unregulated location of medical marijuana dispensaries creates legitimate concerns
and questions about their impact on the health, safety, and welfare of the City, including compatibility
of medical marijuana dispensaries with existing residential and commercial zoning districts, school and
parks and the security of the dispensaries;
WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and
trafficking, creating the potential for serious public harm should adequate regulations regarding
placement and security of dispensaries not be in place;
WHEREAS, the City Code does not currently adequately address the above -referenced concerns;
WHEREAS, once the State of Maine's Department of Health and Human Services issues its required
rules and regulations, the City needs time to review them to determine reasonable municipal
regulations regulating the location and operation of medical marijuana dispensaries;
WHEREAS, municipalities are authorized by 30-A M.R.S.A. § 4356(1) to enact moratoria for a period
of up to 180 days; and
WHEREAS, the City Council finds that a moratorium on locating, licensing, or issuance of permits for
medical marijuana dispensaries within the City of Bangor is necessary and warranted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT
The Code of the City of Bangor be amended as follows:
Applying retroactive to April 26, 2010, a moratorium on locating, licensing, or issuance of permits for
medical marijuana dispensaries within the City of Bangor is enacted.
BE IT FURTHER ORDAINED THAT this moratorium shall continue until September 1, 2010. It may
be extended for 180 -day periods in accordance with 30-A M.R.S.A. § 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.
10 5
WHEREAS, the existing Comprehensive Plan, Land Development Code, and other applicable laws and
regulations, if any, are not adequate to prevent serious public harm by the development of Marijuana
Dispensaries and Sites of Marijuana Cultivation in the City of Bangor; and
WHEREAS, the Moratorium is necessary to prevent an overburdening of public facilities that is
reasonably foreseeable as the result of Marijuana Dispensaries being located in the City of Bangor; and
WHEREAS, it is anticipated that such a study, review, and development of recommendations will take
at least ninety (90) days;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT THE FOLLOWING MORATORIUM ON MARIJUANA DISPENSARIES IS ENACTED:
1. Applicability and Purpose: This moratorium shall apply to Marijuana Dispensaries and Sites of
Marijuana Cultivation, as defined below, that may be proposed to be located within the City of
Bangor.
2. Prohibition: During the time this Ordinance is in effect, no officer, official, employee, office, board,
or agency of the City of Bangor shall accept, process, approve, deny, or in any other way act upon
any application for a building permit, certificate of occupancy, conditional use plan review and/or
any other permits related to such use. No person or organization shall develop or operate
Marijuana Dispensaries or Sites of Marijuana Cultivation within the City of Bangor on or after April
26, 2010.
3. Enforcement, violation, and penalties: If Marijuana Dispensaries are established in violation of this
Ordinance, each day of any continuing violation shall constitute a separate offense for this purpose.
The City shall be entitled to all rights available to it in law and equity, including its reasonable
attorney fees and costs in prosecuting any violations.
4. Definitions: As used in this Ordinance, the following terms have the following meanings:
a. "Marijuana" shall have the definition set forth in Title 17-A M.R.S.A. Section 1101 (1).
b. "Marijuana Dispensaries" means one or more marijuana dispensary, facility or location,
whether fixed or mobile, where medical marijuana is made available to or distributed to any
person or entity authorized to receive it under Maine Law.
C. "Sites of Marijuana Cultivation" means one or more sites at which marijuana may be
cultivated for the specific purpose of making available to or distributed to any person or entity
authorized to receive it under Maine Law.
5. Date: This Ordinance shall apply retroactively to April 26, 2010 and shall remain in effect fer-a
peried ef ene hundred eighty (189) days after said date until August 8, 2010, unless extended,
repealed, or modified by the Bangor City Council.
6. Pending proceedings: Notwithstanding the provisions of Title 1 M.R.S.A § 302, this Ordinance shall
apply to any proposal to establish Marijuana Dispensaries or Sites of Marijuana Cultivation, whether
or not an application or proceeding to establish said use would be deemed a pending proceeding
under Title 1 M.R.S.A. § 302.
10 15-1
7. Action by the City Council and Planning Board: During the effective period of this Ordinance, the
Planning Board and staff shall expeditiously act to review the implications of such Dispensaries and
Sites on, among other things, the health, safety, welfare, traffic, law enforcement, land use,
aesthetic, property value, and environmental impacts on the City of Bangor and its citizens. Toward
the end of the Moratorium, the City will hold at least one public hearing and receive input from
interested parties.
Feeemmendati-ens fer permanent aOien by September 20, 2010.
8. Severability: Should any section or provision of this Ordinance be declared by any court to be
invalid, such a decision shall not invalidate any other section or provision.
IN CITY COUNCIL
April 26, 2010
First Reading & Referral to
Infrastructure Comittee of
5/4/10 at 5pm
IN CITY COUNCIL
May 10, 2010
Motion Made and
Motion Made and
by Substitution
Motion Doubted
Vote: 4-5
Seconded for Passage
Seconded to Amend
Councilors Voting Yes: Blanchette,
Hawes, palmer & Weston
Councilors Voting No: Bronson, Gratwick,
Nealley & Wheeler
Failed
(T1TLE,)R,+art;ng_a Moratorium on Medical
Assigned to Councilor_ 71147'�klk
Vote: 8-1
Councilors Voting Yes: Bronson, Gratwick,
Hawes, Nealley, Palmer, Stone, Weston & Wheeler
Councilors Voting No: Blanchette
Passed