City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor 9-13-2010 by Ord. No. 10-185.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 58.
Land development — See Ch. 165.
Signs — See Ch. 260.
Solid waste — See Ch. 265.
[1]
Editor's Note: This ordinance also provided that it shall apply retroactively to all actions and proceedings pending on May 10, 2010, notwithstanding the provisions of 1 M.R.S.A. § 302.
[1]
Editor’s Note: Sections 177-1 through 177-4 were designated as Art. I, Medical Marijuana, and the title of the chapter was changed from “Medical Marijuana Dispensaries” to “Marijuana” 12-11-2017 by Ord. No. 17-378, which ordinance also adopted Art. II, below.
A. 
Marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking.
B. 
In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the sale and dispensing of marijuana requires careful attention and control, including but not limited to reasonable security and oversight requirements.
[Amended 12-27-2017 by Ord. No. 18-042]
C. 
The value of and ready market for marijuana makes theft of marijuana and marijuana plants a significant concern.
[Amended 12-27-2017 by Ord. No. 18-042]
A. 
As used in this article, the following term shall have the meaning indicated:
[Amended 12-27-2017 by Ord. No. 18-042]
MEDICAL MARIJUANA ESTABLISHMENT
A registered dispensary, registered cultivation facility, or primary caregiver cultivation facility, all as defined by Chapter 165, § 165-13, of this Code.
B. 
Terms not defined herein shall have the customary dictionary meanings.
[Amended 12-27-2017 by Ord. No. 18-042]
A. 
There shall be no outdoor cultivation, processing, curing, diving, selling, storage, or other display of marijuana at a medical marijuana establishment.
B. 
Video surveillance. All medical marijuana establishments shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall be operating 24 hours a day, seven days a week. Records of surveillance shall be kept for a minimum of 30 days.
C. 
A medical marijuana establishment may not employ a person under the age of 21.
D. 
For all medical marijuana establishments, the odor of marijuana must not be perceptible at any adjoining use of the property or on other parcels. While the City does not mandate any particular equipment specifications with regard to filtration, all medical marijuana establishments are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.
(1) 
Registered cultivation facilities and primary caregiver cultivation facilities must implement appropriate ventilation and filtration systems to satisfy the aforementioned odor standard.
(2) 
Registered dispensaries are not required to install filtration equipment on the licensed premises, but must satisfy the aforementioned odor standard.
E. 
Medical marijuana establishments must provide for off-site disposal of solid waste in compliance with Chapter 265 of this Code.
F. 
Medical marijuana establishments must comply with state law regarding pesticide application. Any application of pesticides must be performed by a person licensed by the state as a pesticide applicator.
G. 
All signs must comply with the City's Sign Ordinance, found at Chapter 260 of this Code.
H. 
Signage designed to appeal to persons under 21 years of age is prohibited.
Whoever violates the provisions of this article shall be punished by a fine of not less than $50 nor more than $500 for each offense, or by loss of their City-issued business license, or both. Each day a violation exists shall constitute a separate offense.
[Adopted 12-11-2017 by Ord. No. 17-378]
A. 
Marijuana has both legitimate uses and a history of widespread illegal use and trafficking.
B. 
In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the cultivation, products manufacturing, and testing of marijuana requires careful attention and control, including but not limited to reasonable security and oversight requirements.
C. 
The value of and ready market for marijuana makes theft of marijuana and marijuana plants a significant concern.
A. 
As used in this article, the following term shall have the meaning indicated:
RETAIL MARIJUANA ESTABLISHMENT
A retail marijuana establishment as defined by Chapter 165, § 165-13, of this Code.
B. 
Terms not defined herein shall have the customary dictionary meanings.
A. 
There shall be no outdoor cultivation, processing, curing, drying, selling, storage, or other display of marijuana at a retail marijuana establishment.
B. 
Retail marijuana cultivation facilities may only distribute marijuana to licensed retail marijuana establishments.
C. 
Video surveillance. All retail marijuana establishments shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall be operating 24 hours a day, seven days a week. Records of surveillance shall be kept for a minimum of 30 days.
D. 
A retail marijuana establishment may not employ a person under the age of 21. A person under 21 may not enter a retail marijuana establishment, nor may a retail marijuana establishment allow a person under the age of 21 to enter or remain in the establishment.
E. 
For all retail marijuana establishments, the odor of marijuana must not be perceptible at any adjoining use of the property or on other parcels. While the City does not mandate any particular equipment specifications with regard to filtration, all retail marijuana establishments are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.
(1) 
Retail marijuana cultivation facilities. Retail marijuana cultivation facilities must implement appropriate ventilation and filtration systems to satisfy the aforementioned odor standard.
(2) 
Retail marijuana product manufacturing facilities, retail marijuana stores, and retail marijuana testing facilities are not required to install filtration equipment on the licensed premises, but must satisfy the aforementioned odor standard.
[Amended 3-12-2018 by Ord. No. 18-107]
F. 
Retail marijuana establishments must provide for off-site disposal of solid waste in compliance with Chapter 265 of this Code.
G. 
Retail marijuana cultivation facilities must comply with state law regarding pesticide application. Any application of pesticides must be performed by a person licensed by the state as a pesticide applicator.
H. 
All signs must comply with the City's Sign Ordinance, found at Chapter 260 of this Code.
I. 
Signage designed to appeal to persons under 21 years of age is prohibited.
J. 
A retail marijuana store may not be open to the public between the hours of 8:00 p.m. and 7:00 a.m.
[Added 3-12-2018 by Ord. No. 18-107]
Whoever violates the provisions of this article shall be punished by a fine of not less than $50 nor more than $500 for each offense, or by loss of their City-issued business license, or both. Each day a violation exists shall constitute a separate offense.