[HISTORY: Adopted by the City Council of the City of Fitchburg 10-19-1976 by Ord. No. 615-76. Amendments noted where applicable.]
Editor's Note: The title of this chapter was changed from "Alcoholic Beverages" to "Alcoholic Beverages and Marijuana" 4-3-2018 by Ord. No. 033-2018.
[Amended 10-17-2000 by Ord. No. 340-00; 4-3-2018 by Ord. No. 033-2018]
No person shall smoke, eat, consume, or ingest in any way marijuana, as defined by MGL c. 94G, § 1(g), and MGL c. 94C, § 1, as the same may be amended, while in a public area. Unless in an area licensed by the Board of License Commissioners, no person shall drink any alcoholic beverage as defined in MGL c. 138, § 1, or possess an opened container full or partially full of any alcoholic beverages while in a public area. For the purposes of this section, the term "public area" shall include any location on, in or upon any public way, upon any way to which the public has right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area or on private land or place without consent of the owner or person in control thereof.
Any person convicted of violating this chapter shall be punished by a fine not exceeding $200 for each offense.
[Added 4-3-2018 by Ord. No. 034-2018]
As defined and established in Section 181.65 of the Fitchburg City Code, the total number of marijuana retailers (MRs) for which a special permit or license may be granted by the City or any board, department or division thereof shall be limited to no more than 20% of the number of licenses issued within the City for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138, § 15. No special permit or license may be granted for an MR which results in a violation of this limit.
[Added 4-3-2018 by Ord. No. 035-2018]
On-site or social consumption of marijuana, as defined by MGL c. 94G, § 1(g), and MGL c. 94C, § 1, as the same may be amended, at any marijuana establishment (ME) as defined in Section 181.65, or any registered marijuana dispensary (RMD) as defined in Section 181.10 herein, is hereby prohibited unless approved through citizen initiative ballot vote as set forth in MGL c. 94G, § 3(b).
[Added 4-3-2018 by Ord. No. 032-2018]
The local sales tax rate on the sales of marijuana or marijuana products, as permitted by MGL c. 64N, § 3, shall be 3%.