[HISTORY: Adopted by the City Council of the City of Bangor
as indicated in article histories. Amendments noted where applicable.]
[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.
MEDICAL MARIJUANA ESTABLISHMENT
As used in this article, the following terms shall have the meanings
indicated:
[Amended 12-27-2017 by Ord. No. 18-042]
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.
A medical marijuana establishment must provide for off-site disposal of solid waste in compliance with Chapter 265 of this Code.
[Amended 10-12-2022 by Ord. No. 22-332]
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.
H.
Signage designed to appeal to persons under 21 years of age is prohibited.
[Added 10-12-2022 by Ord.
No. 22-332]
A.
State license required. No medical marijuana establishment may operate
unless the establishment is licensed, registered or certified, as
applicable, by the State Licensing Authority pursuant to the requirements
of Title 22, Chapter 558-C, of the Maine Revised Statutes.
B.
Fees. Fees for medical marijuana establishments shall be set by Council
Order in the City's Schedule of Fees.
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 or
their designee. The format of the application submitted shall be set
by the City Clerk or their designee.
(2)
For an application to be considered, each applicant must submit
the following supporting materials:
(a)
A copy of the applicant's state license application and supporting
documentation, as submitted to the State Licensing Authority.
(b)
If not included in the applicant's state license application,
attested copies of any Articles of Incorporation, bylaws, operating
agreement, partnership agreement or articles of association that govern
the entity that will own and/or operate the medical marijuana establishment.
(c)
If not included in the applicant's state license application,
an affidavit that identifies all owners, officers, members, managers
or partners of the applicant, their ownership interests, and their
places of residence at the time of the application and for the immediately
preceding three years. Supporting documents, including but not limited
to motor vehicle operator's license, motor vehicle registration, voter
registration or utility bills shall be provided.
(d)
A release for each applicant and for each officer, owner, member,
manager or partner of the applicant seeking a license allowing the
City of Bangor or its officials to obtain criminal records and other
background information related to the individual.
(e)
Evidence of all land use approvals or conditional land use approvals
required to operate the medical marijuana establishment, including
but not limited to building permit, conditional or special use approval,
change of use permit and/or certificate of occupancy.
(f)
Evidence of all other local approvals or conditional approvals
required to operate the medical marijuana establishment, including
an applicable food or victualer's license.
(3)
If the City Clerk determines that a submitted application is
not complete, they shall notify the applicant within 10 business days
of the additional information required to process the application.
If such additional information is not submitted within 30 days of
the City Clerk's request, the application may be denied.
D.
City Clerk action on application.
(1)
Upon receipt of a complete application, the City Clerk or their designee shall forward the application to such City departments as they may deem appropriate in order to determine whether a certificate of local authorization may be granted consistently with the criteria set forth in Subsection E below.
(2)
The City Clerk or their designee shall consider the application
within 90 days.
E.
Criteria. The applicant must demonstrate compliance with the following
laws and requirements in order to be granted a certification of local
authorization:
(1)
The licensing criteria set forth in 22 M.R.S.A. § 2425-A(6)
to (8).
F.
Term. The certificate of local authorization shall be valid for a
period of one year, unless suspended or revoked.
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]]
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.
RETAIL MARIJUANA ESTABLISHMENT
As used in this article, the following term shall have the meaning
indicated:
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.
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]; amended 1-13-2020 by Ord. No. 20-043; 6-8-2020 by Ord. No. 20-164]
A.
License required. No retail marijuana establishment may operate 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 or their
designee. The format of the application submitted shall be as set
by the City Clerk or their designee.
D.
City Clerk action on application.
(1)
Upon receipt of a complete application, the City Clerk or their designee shall forward the application to such City departments as they may deem appropriate in order to determine whether a certificate of local authorization may be granted consistently with the criteria set forth in Subsection E below.
(2)
The City Clerk or their designee shall consider the application within
the time limits set forth in 28-B M.R.S.A. § 402, Subsection
5.
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.
F.
Term. The certificate of local authorization shall be valid for a
period of one year, unless suspended or revoked.
[Amended 1-13-2020 by Ord. No. 20-043]
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.
Each day a violation exists shall constitute a separate offense.