[HISTORY: Adopted by the Town Meeting of the Town of Middleborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
No person shall smoke, ingest, or otherwise use or consume marihuana (marijuana) or tetrahydrocannabinol as defined in MGL c. 94C, § 1, as amended, while in or upon any street, sidewalk, public way, footpath, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town of Middleborough, or any of its boards or officers, or in or upon any bus or other passenger conveyance operated by common carrier, or in any place accessible to the public.
The term "place accessible to the public" as used herein shall mean and be construed to include any way or place to which members of the public have access as invitees or licensees.
Whoever violates § 200-1 of this bylaw shall be punished by a fine of $300 for each violation.
[Adopted 10-1-2018 STM by Art. 23, AG 2-22-2019, eff. 3-21-2019]
No person shall carry on the business, cultivate, process, package, deliver, obtain, manufacture, process, package, brand, sell or otherwise transfer, or test marijuana or marijuana products, or otherwise operate a marijuana establishment as defined by MGL c. 94G within the Town unless first duly licensed thereof by the Board of Selectmen, which license shall be renewed by said marijuana establishment annually.
The marijuana establishment shall not operate and the license shall not be valid until the applicant has entered into a host community agreement with the Town.
The Board may adopt reasonable rules and regulations related to the issuance of such licenses, including the fees to be paid therefor and the conditions to be satisfied by any applicant for such a license.
[Amended 4-22-2019 ATM by Art. 32, AG 10-7-2019, eff. 10-31-2019
Only applicants seeking to convert a medical marijuana treatment center engaged in the sale of marijuana or marijuana products, and licensed or registered not later than October 1, 2017, shall be eligible to apply for a license under this bylaw to operate as a marijuana retailer.
Applicants for a license shall file an application on a form provided by the Board of Selectmen, signed under the penalties of perjury by the applicant, containing such information as the Board of Selectmen may reasonably require from time to time. Each applicant shall pay an application fee as may be reasonably determined from time to time by the Board of Selectmen.
The Board of Selectmen must act upon the application within 45 days of a public hearing with due written notice provided to the applicant of the time, date and location where such application will be heard.
The Board of Selectmen may approve, deny or approve the application with conditions. Such decision shall be based on the evidence taken at the public hearing, consistent with the protection of the health, safety and welfare of the public, and consistent with any regulations promulgated by such board.
The Board of Selectmen may issue orders as appropriate to aid in the enforcement of this regulation and may enforce these provisions in equity, including the request for injunctive relief, in a court of competent jurisdiction. Any failure to comply with any order issued hereunder shall result in the issuance of a formal warning. Any failure to comply with such a warning shall result in a fine of $300, which may be enforced pursuant to MGL c. 40, § 21D. Any failure to comply after the issuance of said fine may be punishable by a subsequent fine of $300. Each day of a continued noncompliance shall constitute a separate violation. Further, the Board of Selectmen may hold a hearing, with notice to the licensee, to determine if such license should be modified, suspended or revoked.
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers, of any party or agent thereof whose name appears on said list furnished to the licensing authority from the Tax Collector of individuals delinquent on their taxes and/or other municipal charges. Written notice must be given to the party by the Tax Collector, as required by the applicable provision of law, and the party must be given the opportunity for a hearing not earlier than 14 days after said notice.
Home Rule Amendment (Art. 89 of the Amendments to the Massachusetts Constitution); MGL c. 94G, § 3; 935 CMR 500.000.