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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 as indicated in article histories. 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.
[Adopted 9-13-2010 by Ord. No. 10-185[1]]
[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.
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 terms shall have the meanings indicated:
[Amended 12-27-2017 by Ord. No. 18-042]
MEDICAL MARIJUANA ESTABLISHMENT
A medical marijuana cultivation facility, medical marijuana caregiver store, medical marijuana dispensary, medical marijuana manufacturing facility, or medical marijuana testing facility, all as defined by Chapter 165, § 165-13, of this Code.
[Amended 9-10-2018 by Ord. No. 18-337]
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, drying, 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[1]]
[1]
Editor's Note: This ordinance also designated §§ 177-1 through 177-4 as Article I and changed the chapter title from "Medical Marijuana Dispensaries" to "Marijuana."
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]
[Added 7-22-2019 by Ord. No. 19-275[1]]
A. 
License required. No retail marijuana establishment may operate or be granted a certificate of occupancy unless the establishment has been granted a certification of local authorization by the City and final approval by the State in accordance with Title 28-B, Chapter 1 of the Maine Revised Statutes.
B. 
Fees. Fees for retail marijuana establishments shall be as set by Council Order in the City's Schedule of Fees in accordance with 28-B M.R.S.A. § 401(3).
C. 
Application process.
(1) 
An application form for a certificate of local authorization may be obtained from, and shall be submitted to, the City Clerk. The format of the application submitted shall be as set by the City Clerk.
(2) 
For an application to be considered, it must be submitted with a conditional license from the state approved in accordance with 28-B M.R.S.A. § 205(3) and the retail marijuana establishment fee as set in accordance with Subsection B above.
(3) 
Upon receipt of a complete application, the City Clerk shall forward the application to the City Council for their consideration.
D. 
City Council action on application.
(1) 
The City Clerk shall take such action as may be reasonably required to inform, by United States mail, the applicant and all persons owning property within 100 feet of the exterior boundaries of the real estate under consideration of when the City Council is scheduled to consider the application. For purposes of the notice required hereunder, the owners of property shall be considered those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not invalidate any action by the Council.
(2) 
The City Council shall consider the application within 30 days of the complete application being received by the City Clerk.
(3) 
If the Council finds that the applicant meets the criteria required under Subsection E of this section, the Council shall cause to be issued a certification of local authorization in accordance with 28-B M.R.S.A. § 205.
E. 
Criteria. The applicant must demonstrate that they comply with the following laws and requirements in order to be granted a certification of local authorization:
(1) 
The licensing criteria set forth in 28-B M.R.S.A. §§ 202, 203, and 402.
(2) 
Chapter 165 of the Bangor City Code.
(3) 
Chapter 177, §§ 177-5 through 177-7 of the Bangor City Code.
(4) 
The applicant has paid all real estate and personal property taxes, sewer user fees and other debts owed to the City then currently due, subject to the terms of § 85-5B of this Code.
F. 
Term. The certificate of local authorization shall be valid for a period of one year.
[1]
Editor's Note: This ordinance also renumbered former § 177-8 as § 177-9.
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.