[Added 10-6-2014 OTM
by Art. 13,[1] approved 1-20-2015]
[1]
Editor's Note: This article also repealed former Art. XXIV,
Medical Marijuana Treatment Centers, added 6-3-2013 ATM by Art. 33,
approved 9-16-2013
The purpose of this article is to provide for the placement
of registered marijuana dispensaries in accordance with Chapter 369
of the Acts of 2012, An Act for the Humanitarian Use of Marijuana
for Medical Purposes, and 105 CMR 725.000: Implementation of an Act
for the Humanitarian Medical Use of Marijuana; to minimize the adverse
impacts of registered marijuana dispensaries on adjacent properties,
residential neighborhoods, schools and other places where children
congregate, and other land uses potentially incompatible with said
registered marijuana dispensaries; and to regulate the siting, design,
placement, security, safety, monitoring, modification, and removal
of registered marijuana dispensaries.
The special permit granting authority is empowered to review and take action on special permit applications for registered marijuana dispensaries consistent with the procedures established in subsection § 200-143 of this article. The special permit granting authority may deny, grant, or grant with conditions all such applications.
Terms used herein not defined within this article shall be as
defined in 105 CMR 725.004.
The same substance defined as "marihuana" under MGL c. 94C, and in Chapter 107 of the Code of North Reading.
A not-for-profit entity, as defined by Massachusetts law
only, registered under this article, that acquires, cultivates, possesses,
processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to qualifying
patients or their personal caregivers. These facilities shall be located
inside a structure or building.
A.
The commercial cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a registered marijuana dispensary under this Article XXIV.
B.
No registered marijuana dispensary shall be established except in compliance with the provisions of this Article XXIV.
C.
Nothing
in this article shall be construed to supersede federal or state laws
governing the sale and distribution of narcotic drugs.
D.
If any provision of this Article XXIV or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Article XXIV, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Article XXIV are severable.
A.
A registered marijuana dispensary may be allowed by special permit granted by the special permit granting authority, provided it meets the requirements in this Article XXIV and is:
(1)
Located
entirely within the Industrial Office (IO) Zoning District;
(2)
In
a stand-alone, single-use building or structure;
(3)
At
least 1,000 feet from any school, park or playground.
(4)
At
least 500 feet from any residential zoning district, including the
Berry Center Residential Smart Growth Overlay District; church, temple
or similar place of worship; child-care facility; library; or any
other facility where children commonly congregate not listed above,
including but not limited to dance schools, gymnastics schools, facilities
offering tutoring or school instruction, and commercial establishments
that host children’s parties. The distances referred to in this
subsection are measured in a straight line from the nearest point
of the property line of the protected uses identified above to the
nearest point of the property line of the proposed registered marijuana
dispensary.
B.
The commencement
of one or more of the above uses (i.e., schools, child care, and the
like) within 500 feet of a proposed RMD location, or the creation
of a new residential zoning district within 1,000 feet of a proposed
RMD location, during the review of a special permit application for
an RMD (beginning on the date of submittal), following the issuance
of a special permit, or following the commencement of the RMD use
shall not invalidate the RMD use, the special permit issued therefor,
or the authority to renew any unexpired or unrevoked special permit.
C.
A registered
marijuana dispensary shall not be located in a building that contains
any medical doctor offices or the offices of any other professional
practitioner authorized to prescribe the use of medical marijuana.
D.
No registered
marijuana dispensary shall be located inside a building containing
a dwelling unit, multifamily dwelling or any other residential units,
including transient housing such as motels and dormitories, or inside
a movable or mobile structure such as a van or truck or a mobile home.
A.
All registered
marijuana dispensaries shall be contained within a building or structure.
B.
No registered
marijuana dispensary shall have a gross floor area of less than 2,500
square feet or in excess of 20,000 square feet.
C.
The hours
of operation of registered marijuana dispensaries shall be set by
the special permit granting authority, but in no event shall said
facilities be open for business to qualified patients and caregivers,
as authorized by 105 CMR 725.000, between the hours of 8:00 p.m. and
8:00 a.m.
D.
No smoking,
burning or consumption of any product containing marijuana or marijuana-related
products shall be permitted on the premises of a registered marijuana
dispensary, except for teaching and demonstration purposes as provided
by 105 CMR 725.105(N)(8). The term "premises" includes all buildings,
accessory structures, parking lots or parking areas, walks and/or
other immediate surroundings located on the same lot/parcel as the
registered marijuana dispensary.
E.
All registered
marijuana dispensaries shall be ventilated in such a manner that no
pesticides, insecticides or other chemicals or products used in cultivation
or processing are dispersed into the outside atmosphere, and so that
no odor from marijuana or its processing can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the registered marijuana dispensary or at any adjoining use or
property.
F.
Registered
marijuana dispensaries shall provide the North Reading Police Department,
Building Commissioner and the special permit granting authority with
the names, phone numbers and email addresses of all management staff
and key holders to whom one can provide notice if there are operating
problems associated with the RMD.
G.
Drive-through
windows are prohibited. All transactions with customers are to be
handled internally.
H.
All publicly
accessible entrances shall be visible from a public way.
I.
No person
under the age of 18 shall be permitted on the premises of the registered
marijuana dispensary unless he or she is accompanied by a parent or
legal guardian, or unless he or she is a qualifying patient, as defined
by 105 CMR 725.004.
J.
Pursuant
to 105 CMR 725.105, Operational Requirements for Registered Marijuana
Dispensaries, Section (P), Access to the Department, Emergency Responders,
and Law Enforcement, “authorized law enforcement personnel”
shall mean the North Reading Chief of Police or his designee.
K.
Signage:
(1)
All signage associated with the registered marijuana dispensary shall comply with 105 CMR 725.000 and Article XIV, Signs.
(2)
For
every publicly accessible entrance there shall be at least one sign
that includes the following language: "Registration card issued by
the MA Department of Public Health required." The required text shall
be a minimum of two inches in height.
A.
A registered
marijuana dispensary shall only be allowed by special permit from
the North Reading Select Board in accordance with MGL c. 40A, § 9,
subject to the following statements, regulations, requirements, conditions
and limitations.
[Amended 6-4-2018 ATM
by Art. 29, approved 9-21-2018]
B.
A special
permit for a registered marijuana dispensary shall be limited to one
or more of the following uses that shall be prescribed by the special
permit granting authority:
(1)
Cultivation
of marijuana for medical use (horticulture);
(2)
Processing
and packaging of marijuana for medical use, including marijuana that
is in the form of smoking materials, food products, oils, aerosols,
ointments, and other products;
(3)
Retail
sale or distribution of marijuana for medical use to qualifying patients.
C.
In addition to the application requirements set forth in Article IV, § 200-28, Special permits, a special permit application for a registered marijuana dispensary shall include the following:
(1)
The
name and address of each owner and/or executive of the registered
marijuana dispensary;
(2)
Copies
of all required licenses and permits issued to the applicant by the
Commonwealth of Massachusetts and any of its agencies for the registered
marijuana dispensary;
(3)
Evidence
of the applicant’s right to use the site for the registered
marijuana dispensary, such as a deed, or lease;
(4)
If
the applicant is a business organization, a statement under oath disclosing
all of its owners, shareholders, partners, members, managers, directors,
officers, or other similarly-situated individuals and entities and
their addresses. If any of the above are entities rather than persons,
the applicant must disclose the identity of the owners of such entities
until the disclosure contains the names of individuals;
(5)
A
certified list of all parties in interest entitled to notice of the
hearing for the special permit application, taken from the most recent
tax list of the Town and certified by the Town Assessor;
(6)
Proposed
security measures for the registered marijuana dispensary, including
lighting, fencing, gates and alarms, and the like, to ensure the safety
of persons and to protect the premises from theft;
(7)
Proposed
emergency procedures; policies and procedures for patient or personal
caregiver home delivery; policies and procedures for the transfer,
acquisition, or sale of marijuana; proposed waste disposal procedures
and any waivers from the Department of Public Health regulations approved
by the Department of Public Health for the registered marijuana dispensary.
(8)
A
proposed exterior sign package, which may be included as a condition
of issuance of the special permit.
D.
Within
seven days of receipt of an application, the special permit granting
authority shall provide copies of the application and related materials
to the Police Department, Fire Department, Board of Health, Community
Planning Commission, Engineering Department, Conservation Commission,
School Department and Building Department for comment. The special
permit granting authority shall not take action on the application
prior to receipt of comments from the departments, or before 35 days
have passed, whichever comes first. Failure to comment within 35 days
shall be deemed lack of opposition.
The special permit granting authority shall not issue a special
permit for a registered marijuana dispensary unless it finds that:
A.
The registered
marijuana dispensary is designed to minimize any adverse visual or
economic impacts on abutters and other parties in interest, as defined
in MGL c. 40A, § 11;
B.
The registered
marijuana dispensary demonstrates that it will meet all the permitting
requirements of all applicable agencies within the Commonwealth of
Massachusetts and will be in compliance with all applicable state
laws and regulations;
D.
The registered
marijuana dispensary provides adequate security for patients and staff,
including in drop-off, pick-up and waiting areas.
In addition to any criteria required by 105 CMR 725.000, as such may be amended from time to time, the following criteria shall be required for issuance of a special permit under this Article XXIV: No permit shall be granted hereunder to any applicant, principal officer, agent, owner or manager of the registered marijuana dispensary who has been convicted of a felony in the Commonwealth of Massachusetts. The application shall include proof of the foregoing by sworn statement and including submission to a CORI check from the Chief of Police for each of the aforementioned individuals. The Chief of Police shall report to the special permit granting authority prior to the close of the public hearing whether or not the applicant complies with this criterion.
The special permit granting authority may impose conditions
reasonably appropriate to improve site design, traffic flow, and public
safety; protect water quality, air quality, and significant environmental
resources; preserve the character of the surrounding area and otherwise
serve the purpose of this article. In addition to any specific conditions
applicable to the applicant’s registered marijuana dispensary,
the special permit granting authority may include the following conditions
in any special permit granted under this bylaw:
A.
A special permit granted under this Article XXIV shall have a term limited to the duration of the applicant’s ownership of the premises as a registered marijuana dispensary. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this Article XXIV.
B.
The special
permit granting authority shall require the applicant to post a bond
at the time of application for a building permit to cover costs for
the removal of the registered marijuana dispensary in the event the
Town must remove the facility. The value of the bond shall be based
upon the cost to completely remove all material, plants, equipment
and other paraphernalia and properly clean the facility at prevailing
wages. The value of the bond shall be developed based upon the applicant
providing the special permit granting authority with three written
bids to meet the noted requirements. An incentive factor of 1.5 shall
be applied to all bonds to ensure compliance and adequate funds for
the Town to complete removal and cleaning at prevailing wages.
C.
The applicant
shall file a copy of any incident report required under 105 CMR 725.110(F)
with the Zoning Enforcement Officer and the special permit granting
authority within 24 hours of creation by the registered marijuana
dispensary. Such reports may be redacted as necessary to comply with
any applicable state or federal laws and regulations.
D.
The applicant
shall file a copy of any summary cease and desist order, cease and
desist order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by the Department
of Public Health or the Division of Administrative Law Appeals, as
applicable, regarding the registered marijuana dispensary with the
Zoning Enforcement Officer and special permit granting authority within
48 hours of receipt by the registered marijuana dispensary.
E.
The special
permit shall lapse upon the expiration or termination of the applicant’s
registration by the Department of Public Health.
F.
The permit
holder shall notify the Zoning Enforcement Officer and special permit
granting authority, in writing, within 48 hours of the cessation of
operation of the registered marijuana dispensary or the expiration
or termination of the permit holder’s registration with the
Department of Public Health.
Each registered marijuana dispensary permitted under this Article XXIV shall, as a condition of its special permit, file an annual report to and appear before the special permit granting authority no later than January 31 of each year, providing a copy of all current applicable state licenses for the registered marijuana dispensary and/or its owners and/or executives, and demonstrate continued compliance with the conditions of the special permit.
A.
A special
permit granted for a registered marijuana dispensary shall lapse if
not exercised within one year of issuance.
Registered marijuana dispensaries are subject to § 200-95, Site plan review.
