City of Haverhill, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added 1-30-2018 by Doc. 9-B; amended 1-15-2019 by Doc. 103-BB]
A. 
To provide for the placement of adult use marijuana establishments in appropriate places and under specific conditions in accordance with the provisions of MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed.
B. 
To minimize any adverse impacts of adult use marijuana establishments on adjacent properties, dense or concentrated residential areas, school and other places where children congregate, and other sensitive land uses.
C. 
To regulate the siting, design, placement, access, security, safety, monitoring, modification and discontinuance of adult use marijuana establishments.
D. 
To provide applicants, owners and operators with clear guidance regarding adult use marijuana establishments siting, design, placement, access, security, safety, monitoring, modification and discontinuance.
CRAFT MARIJUANA COOPERATIVE
A marijuana cultivator comprised of residents of the commonwealth organized as a limited-liability company or limited-liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission, and that is licensed to cultivate, obtain, manufacture, process package and brand marijuana and marijuana products to deliver marijuana to marijuana establishments but not to consumers.
INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Commission and is:
A. 
Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;
B. 
Independent financially from any medical marijuana treatment center or any license or marijuana establishment for which it conducts a test; and
C. 
Qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
LICENSED MARIJUANA ESTABLISHMENT (LME)
A marijuana cultivator, testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process, and package marijuana; to deliver marijuana to marijuana establishments; and to transfer marijuana to other marijuana establishments but not consumers.
MARIJUANA MICRO-BUSINESS
A marijuana establishment that is licensed to act as a: licensed marijuana cultivator in an area less than 5,000 square feet; licensed marijuana product manufacturer, and licensed marijuana delivery service in compliance with the operating procedures for each such license.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process, and package marijuana and marijuana products; to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments but not consumers.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms or marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RESEARCH FACILITY
An entity licensed to engage in research projects by the Cannabis Control Commission.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers. Marijuana retailers may be in the form of a storefront or a social consumption establishment.
SOCIAL CONSUMPTION ESTABLISHMENT
A marijuana retailer licensed to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana and marijuana products on its premises only.
A. 
No adult use marijuana establishment shall be permitted except in compliance with the provisions of this article.
B. 
If any provision of this article or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this article, 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 are severable.
A. 
Eligible zones. Certain groups of LMEs shall be eligible for different zoning areas designated in the attached City Engineer's Map entitled "Licensed Marijuana Establishments Overlay Zone with Street Index" dated December 7, 2018, and as amended from time to time. This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk. Those zones shall be as follows:
District Full Name
Short Name
Licensed Marijuana Establishments - No Exclusions
LME-NE
Licensed Marijuana Establishments - No Retail Sales
LME-NR
Licensed Marijuana Establishments - Retail Sales Only
LME-RO
Medical Marijuana Overlay District - No Exclusions
MMOD
B. 
Buffer zone. No LME outside the Waterfront District Area (WDA) shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, boardwalks, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, or youth center.
C. 
Notification. Applicants seeking to establish an LME within the Waterfront District Area (WDA) must notify adjacent property owners, as well as any preexisting licensed childcare facility for children under the age of 18, church or place of worship, or youth center, within 300 feet of the proposed site of the initial application for a special permit.
D. 
No LME shall be located within 1/2 mile of another licensed LME. The City Council may modify or waive this requirement.
A. 
The total number of all marijuana retailers or social consumption establishments may not exceed 20% of the number of licensed package and liquor stores within the City.
B. 
In the event that the number of licensed package and liquor stores within the City decreases, a marijuana retailer or social consumption establishment, if then exceeding 20% as noted in Subsection A, may remain in operation.
C. 
There shall be no restrictions on the number of any particular type of establishment permitted within the City, other than as regulated in Subsection A.
No LME shall be operated or expanded without first obtaining a special permit from the City of Haverhill special permit granting authority in accordance with § 255-80.
A. 
The special permit granting authority for any LME shall be the City Council.
B. 
A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the license of a LME or change in the location of the business.
C. 
In the event that the commonwealth's licensing authority suspends the license or registration of a marijuana establishment, the special permit shall be so suspended by the City until the matter is resolved to the satisfaction of said licensing authority.
D. 
The special permit shall be considered null and void if meaningful construction and operation has not begun within one year of obtaining said permit, as determined by the Building Inspector.
Applications to operate or expand an LME shall be subjected to site review in accordance with the City of Haverhill Code, § 255-68. The site plan shall be submitted in conjunction with the special permit application and joined to the final approval for the special permit.
A. 
Outside storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted.
B. 
Visibility of activities. All activities of any LME shall be conducted indoors.
C. 
Paraphernalia. Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers, may be lawfully sold at a marijuana retailer. No retail marijuana, marijuana products, or paraphernalia shall be displayed or kept in a retail marijuana store so as to be visible from outside of the license premises.
D. 
Hours of operation. In no event shall marijuana retailers, social consumption establishments, or microbusinesses be open and/or operating and dispensing product between the hours of 9:00 p.m. and 9:00 a.m. and not opening before 12:00 noon on Sundays.
E. 
On-site consumption of marijuana. The use, consumption, ingestion or inhalation of marijuana or marijuana products shall only be permitted at social consumption establishments and research facilities, within the confines of the building. On-site consumption is prohibited on or within the premises of any other LME.
F. 
Sale of alcohol. LMEs are prohibited from selling alcoholic beverages.
The following are required for all proposed operations of an LME, consistent with § 255-199:
A. 
Permanent location. Each LME and any part of its operation, including but not limited to, cultivation, processing, packaging, and sales, shall be operated from a fixed location within a fully enclosed building. No marijuana establishment shall be permitted to operate from a moveable, mobile, or transitory location.
B. 
Lighting. Outdoor light levels shall not exceed one footcandle along property lines, nor 10 footcandles for any location on the property. Any light poles, new or existing, may not exceed 18 feet in overall height. All outdoor light fixtures must be shielded and aimed down in order to prevent light trespass onto adjacent properties. The special permit granting authority may modify this requirement if, upon recommendation by the Police Chief, it is required for adequate safety and security.
C. 
Landscaping. The proposed site shall provide landscaping to harmonize the LME with abutting uses. Landscaping shall be provided as per the requirements listed in Code Article VI, §§ 255-24 and 255-25. Trees and shrubs may be clustered. Landscaping must consist of native, noninvasive plant species. The City Council may modify or waive this requirement.
D. 
Drive-through facilities. LMEs are prohibited from installing an on-site drive-through facility.
E. 
Fencing. Fencing may be required if determined necessary by the City Council. The location, height and type of fencing may be determined by the City Council as a condition of the special permit approval. In no instance shall barbed-wire fencing be permitted.
F. 
Waste disposal. There shall be no outdoor storage of waste, including dumpsters, for any marijuana retailer. All waste generated shall be secured indoors, to be serviced by a professional janitorial company or medical waste company.
G. 
Ventilation. All LMEs must ventilate in a manner so as that no pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere. Ventilation must also ensure that no odor from marijuana processing or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the LME or at any adjoining use or property.
Applications to permit an LME must be submitted to the City Council or their designee(s). Such applications for LMEs shall include the following:
A. 
Site plan. A site plan shall be submitted that includes all information required per Code § 255-80C, and must also include the following:
(1) 
The names, mailing addresses, phone numbers, email addresses, and signatures of the applicant, owner, and operator.
(2) 
Physical address (if one exists), and the map, lot, and block number of the proposed site.
B. 
Security plan. A security plan shall be submitted to ensure the safety of employees, patrons, and the public, to protect the premises from theft or other criminal activity. The security plan shall be reviewed and approved by the local Police Chief or their designee. The plan must include the following: an interior floorplan (including secured areas, windows, doors, etc.), exterior lighting, fencing (if any), gates (if any), alarms, and any other security measures requested by the Police Chief.
C. 
Traffic study. The City Council may require a traffic study that includes an analysis of traffic generation, circulation, and off-street parking demand to determine sufficient parking and optimum configuration for site ingress and egress.
D. 
State license. A copy of the license or registration as an LME from the Massachusetts Cannabis Control Commission or documentation that demonstrates that said facility and its owner/operators qualify and are eligible to receive a certification of registration and meet all of the requirements of an LME in accordance with the regulations adopted by the Commission, as amended.
E. 
Proof of site control. Evidence that the applicant has site control and the right to use the site for an LME in the form of a deed, valid lease, or purchase and sale agreement or a notarized statement from the property owner certifying the applicant has firm site control.
F. 
Odor control. The odor control plan proposed adequately provides for the ongoing safe operation of the establishment and minimizes any adverse impacts to abutting properties from odor-emitting activities to be conducted on site.
G. 
Ten-percent contribution. A list shall be submitted that lists all persons or entities contributing 10% or more of the initial capital to operate the LME, including capital in the form of land or buildings.
A. 
Any LME under this article shall be required to remove all material, plants, equipment, and other paraphernalia in compliance with regulations established by the Cannabis Control Commission within 30 days after the expiration or voiding of its license.
B. 
The City Council may require the marijuana establishment to fund an escrow account in an amount sufficient to adequately support the dismantling and winding down of the marijuana establishment within 60 days of final approval of the special permit.
A. 
The applicant and all licensees waive and release the City, its elected officials, employees, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the LME owners, operators, employees, clients, or customers for a violation of state or federal laws, rules, or regulations.
B. 
The applicant, in receiving approvals issued pursuant to this chapter, and all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the City, its elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, arising out of or in any manner connected with the operation of the LME that is subject of the approval/license.
A. 
Any operating LME within the City shall be inspected annually by the Building Inspector, or their designee, to ensure compliance with this article and with any conditions imposed by the City Council as a condition of the special permit approval.
B. 
The first annual inspection shall be more than one year after beginning operation, but before two years of beginning operation.
A. 
At all times while a permit is in effect the licensee shall possess all required licenses.
B. 
To the extent that the state has adopted or adopts in the future any additional or stricter law or regulation governing the cultivation, manufacturing, testing or retail of marijuana or marijuana products, the additional or stricter regulation shall control the LME in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.
C. 
Any LME may be required to demonstrate, upon demand by law enforcement officers of the City of Haverhill and/or the local licensing authority, the source and quantity of any marijuana found upon the license premises are in full compliance with any applicable state law or regulation.
D. 
The issuance of any license pursuant to this chapter shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana.
E. 
Prior to the issuance of a special permit, the LME must have entered into a host community agreement (HCA) with the City. If, upon review by the City Council, the LME is found to not be fully in compliance with the HCA, the special permit and/or the local license may be suspended or rescinded.