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City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
Code
New Laws (6) Index Notes (1)
[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. 
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. 
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.
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.
[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.
(3) 
If the City Clerk or their designee finds that the applicant meets the criteria required under Subsection E of this section, the City Clerk or their designee shall issue a certification of local authorization.
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).
(2) 
All applicable municipal approvals, permits, and licenses required for operation, including but not limited to building, electrical, and plumbing permits, certificates of occupancy, and the requirements of Chapter 165 of the Bangor City Code.
(3) 
Chapter 177, §§ 177-1 through 177-4(A)-(C) 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 terms of § 85-5B of this Code.
F. 
Term. The certificate of local authorization shall be valid for a period of one year, unless suspended or revoked.
G. 
Suspension and revocation. After notice and opportunity for hearing, the City Clerk or their designee may suspend or revoke a certificate of local authorization upon determination that a medical marijuana establishment no longer meets one or more of the criteria listed in Subsection E above.
H. 
Appeals. Appeals from decisions made pursuant to this § 177-4 may be made to Superior Court in accordance with Maine Rules of Civil Procedure 80B.
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]; 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.
(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.
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.
(3) 
If the Clerk or their designee finds that the applicant meets the criteria required under Subsection E of this section, the Clerk or their designee 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) 
All applicable municipal approvals, permits, and licenses required for operation, including but not limited to building, electrical, and plumbing permits, certificates of occupancy, and the requirements of 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, unless suspended or revoked.
G. 
Suspension and revocation. After notice and opportunity for hearing, the City Clerk or their designee may suspend or revoke a certificate of local authorization upon a determination that a retail marijuana establishment no longer meets one or more of the criteria listed in Subsection E above.
H. 
Appeals. Appeals from decisions made pursuant to this § 177-8 may be made to Superior Court in accordance with Maine Rule of Civil Procedure 80B.
[1]
Editor's Note: This ordinance also renumbered former § 177-8 as § 177-9.
[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.