[HISTORY: Adopted by the City Council of
the City of Saco 9-18-2017. Amendments
noted where applicable.]
GENERAL REFERENCES
Cultivation and sale of recreational marijuana — See
Ch. 165.
This chapter shall be known as the "Marijuana Cultivation and
Distribution Ordinance."
A.
The State of Maine has recently enacted laws allowing greater cultivation,
handling, storing, packaging, processing and distribution of marijuana
plants and products. In addition, the citizens of the state in a recent
referendum have voted to allow for and decriminalize personal or so-called
"recreational" use of marijuana. Additional state laws and regulations
are anticipated regarding recreational marijuana. These are not policy
decisions of the City, but the City has become aware of certain adverse
effects from these recent legislative undertakings, and it proposes
to address potential issues that have arisen.
B.
Specifically, the City has learned through its Code Enforcement Office,
through its Electrical Inspector, as well as through other public
officials, including its Police and Fire Departments, that individuals
are rapidly installing throughout the City cultivation facilities
without City knowledge, without proper City inspection and review
and in some cases in areas not zoned for such use. Of particular concern
is the installation of energy-intensive lighting that can pose significant
risk of injury, death and of fires within residential structures.
The City Council has received information regarding structure fires
in other communities caused by heat-intensive lighting used for cultivation
and growing equipment.
C.
The Council is also aware that not all states have decriminalized
marijuana, and this community's easy highway access and close proximity
to the border may make Saco an attractive location for those who intend
to traffic marijuana as part of a criminal enterprise.
D.
It is evident that businesses and citizens desire to commercialize
and otherwise avail themselves of opportunities presented by these
new laws. However, doing so in an unregulated and, in some cases,
surreptitious fashion poses substantial risk of criminal activity,
physical harm, even death. These conditions have created an emergency
for the community.
E.
This emergency ordinance, enacted pursuant to City Charter Provision
2.10, seeks to assure the safety of Saco citizens while allowing properly
reviewed and regulated use as permitted under state law. It is enacted
pursuant to Home Rule Authority under both Maine's Constitution and
30-A M.R.S.A. § 3001 et seq.
A.
All persons and parties who grow, cultivate, harvest, manage, process,
transfer, exchange or distribute marijuana, or any marijuana product,
or material or medication derived thereon ("marijuana products"),
for the use or benefit of any third parties, from or within the City
of Saco, must register with the City and must secure and maintain
a valid license at all times. Notwithstanding the preceding, a license
is not required to grow, cultivate, and harvest marijuana for personal
use.
[Amended 3-25-2019]
B.
All businesses, commercial enterprises, as well as any not-for-profit
entity, that grows, cultivates, harvests, manages, processes, transfers,
exchanges or distributes marijuana, or any marijuana products, from
or within the City of Saco, must register with the City of Saco and
must secure and maintain a valid license at all times.
C.
To register means to complete and submit a license application to
the City Clerk of Saco the forms created by that office, and to pay
the fees set forth herein. No registration shall be approved, and
no license granted, until the required fees have been paid, and all
applicable reviews and inspections have been completed.
[Amended 3-25-2019]
D.
Once all applicable reviews have been fully and properly completed,
and the applicant has been found qualified, the Clerk shall thereupon
issue a license to the applicant.
E.
All licenses shall run for one year (365 days), and may be renewed
as set forth herein. No license shall be issued, denied, or revoked
by the City Clerk except as expressly provided in this chapter.
F.
In the absence of the City Clerk, the City Administrator will assume
all authority and responsibility of the Clerk as designated herein.
A.
A person in their own home may grow, cultivate, and harvest marijuana
for their own personal use, and for the personal use of a resident
family member, regardless of the zone in which the structure is located.
[Amended 3-25-2019]
B.
The limit as to the number of permitted marijuana plants and ounces
of harvested marijuana for each person in single-family structure
shall be set by state law.
C.
In no event may any person owning or residing in a single-family
structure increase their home electrical service beyond 200 amps.
D.
In no event may a person from their home, or any other residence, grow, cultivate, distribute, harvest, manage, process, transfer, exchange, or distribute any amount of marijuana or marijuana products for a third party, except as permitted in Subsection A above.
[Amended 3-25-2019]
E.
All parties who grow, cultivate, harvest, manage, process, transfer,
exchange or distribute marijuana or marijuana products for any other
third party may do so provided they operate from a structure or premises
found within the City of Saco's approved zones. No growing, cultivation,
harvesting, managing, processing, transferring, exchanging or distribution
of marijuana or marijuana products shall be allowed outside the boundaries
of these zones of the City. Such activity shall be a violation of
this chapter.
F.
No other properties outside of the approved zones may be used or licensed for growing, cultivation, harvesting, managing, processing, transferring, exchanging or distributing marijuana or marijuana products for any party's personal use except for personal use as permitted in Subsection A above.[1]
[1]
Editor’s Note: Former Subsection G, regarding transfer
of licenses, which immediately followed, was repealed 3-25-2019.
A.
No person or entity shall grow, cultivate, harvest, manage, process, transfer, exchange or distribute marijuana or marijuana products without having a license as required herein, except as allowed pursuant to § 135-3.
[Amended 3-25-2019]
B.
Every license holder shall exhibit its license in a conspicuous place
on the premises, visible to the public. The failure to display the
issued license at all times is a violation of this chapter. Upon discovering
that a person, party or entity has not displayed its license, the
City shall deliver a written warning. The failure to display a license
after written warning shall constitute a violation of this chapter.
C.
No person, party or entity may sell, transfer or assign its license.
Any attempt to sell, transfer or assign will confer no rights, and
will render the license immediately void. The sale, assignment or
transfer of a license is a violation of this chapter.
E.
It is a violation of this chapter for any license holder to traffic,
transport, mail, distribute, transfer, or otherwise assist in the
trafficking, transporting, mailing, distribution or transfer of marijuana
or marijuana products outside the boundaries of this state. It is
a violation of this chapter for any agent, employee or officer of
the license holder to do the same.
A.
[1]All registrations to grow, cultivate, harvest, manage,
process, transfer, exchange or distribute marijuana or marijuana products
for any third parties shall be made in writing on forms provided by
the Clerk. Each registration shall state the applicant's name, address,
telephone number and e-mail. In addition, the applicant shall:
(1)
Identify its estimated yearly production of marijuana;
(2)
Whether it will ship or distribute any marijuana outside of the State
of Maine;
(3)
Identify all individuals and entities to whom it will contract for
delivery of marijuana and include the amounts expected to be delivered
monthly and annually.
B.
All registrations submitted by an entity applicant shall include
the following:
[Amended 3-25-2019]
(1)
Federal tax identification number.
(2)
Type and state of organization.
(3)
Names, addresses and date of birth of all principal officers, owners
and managers.
(4)
Whether the entity is for profit or non-profit entity, and confirmation
thereof.
(5)
Proof of insurance upon the proposed premises in the name of the
license holder.
(6)
Name and address of clerk or registered agent for service of process.
C.
No employee of the City of Saco shall have any beneficial interest
in an issued license, or license holder.
D.
Copies of all registrations and materials shall, upon completion,
be transmitted to the Code Enforcement Officer, Electrical Inspector,
and the City of Saco Fire and Police Departments for the following
purposes:
(1)
Review compliance: that the applicant license holder is permitted
to operate in each and every location (map and lot number) where specified;
and
(2)
To record such information into any existing Code Enforcement Officer
management program ("Code Enforcement Pro") for use and review; and
(3)
Site inspection by Code Officer, Electrical Inspector and Fire Department
at any and all applicable location(s) used for growing, cultivating,
harvesting, managing, processing, transferring, exchanging or distributing
of marijuana or marijuana products; and
(4)
To allow inspection of plan drawings detailing nature of site, location
of utilities and how utilities such as electrical power will be used;
and such other factors deemed necessary or advisable by City staff;
and
(5)
For a follow-up inspection between 30 and 60 days after issuance
of license to inspect any facilities related to marijuana growing,
cultivating, harvesting, managing, processing, transferring, exchanging
or distributing of marijuana or marijuana products.
(6)
To determine if the applicant needs or has a duly issued state license
for the state use/undertaking, and to determine that the applicant
is in compliance with all State of Maine requirements.
Fees shall be established annually by the City Council following
a public hearing.
A.
Registration. The Clerk shall accept and maintain an applicant's registration forms and all supporting material. The Clerk shall submit all registration materials to City staff for review as set out in § 135-6D. All findings and conclusions of City staff shall be reported to the Clerk within 30 days.
[Amended 3-25-2019]
B.
Licenses. Upon receipt of an application for renewal of license,
the Clerk shall inquire of City officials whether a license may be
renewed in compliance with the provisions of this chapter. City staff
shall have 30 days to complete their investigation.
C.
Only upon satisfaction of the Clerk, and after review by all appropriate
departments, and only upon full compliance with all conditions set
forth in this chapter, shall the Clerk issue a license.
A.
Notice. The Clerk shall issue all decisions in writing, and subject to the same time period set out in § 135-13.
B.
Grounds. A license, and the renewal of a license may be denied, or
revoked, upon one or more of the following grounds:
(1)
Failure to fully complete the application forms; knowingly making
a false or incorrect statement of a material nature on such form;
failure to supply any requested information reasonably necessary to
determine whether such license may be issued; or failure to pay any
fee required hereunder;
(2)
The person, party applicant, license holder, officers, or managers
of license holders have caused a significant breach of the peace;
have been convicted of more than one misdemeanor, or have been convicted
of any felony;
(3)
There is a clear danger to the public if the license is issued, including
significant risk of injury or fire;
(4)
The parties or persons patronizing the license holder will adversely
affect the peace and quiet of the neighborhood, whether or not residential;
(5)
The person, party or entity has violated a provision of this chapter
or other ordinance of the City of Saco, including its Zoning Ordinance;
(6)
The occurrence of any event subsequent to issuance of the license,
which event would have been a basis for denial of the license, shall
be grounds for revocation thereof;
(7)
Real or personal property taxes or legal judgments that are due and
owing to the City and are determined to be in arrears as of the date
of the license request or license renewal; or
(8)
Such other acts or conduct found to be detrimental to the citizens
or community, including but not limited to suffering a fire or significant
injury arising from growing, cultivating, harvesting, managing, processing,
transferring, exchanging or distributing of marijuana or marijuana
products after the issuance of a license.
C.
Hearings.
(1)
Except as expressly provided in this chapter, no license may be revoked
without prior notice to the person, party or entity, and only after
a hearing.
(2)
In the case of the revocation of a license, a hearing shall be given
to the individual or entity, and a generalized statement of the nature
of the complaint constituting the basis for the proposed action shall
be included in the notice of hearing. Failure of the person, party
or entity to appear at the hearing shall be deemed a waiver of the
rights to said hearing.
(3)
All revocations shall be upon substantial evidence, and all hearings
shall be conducted with substantial fairness. Rules of evidence shall
not apply in such hearing.
D.
Fairness. The Clerk shall not arbitrarily deny any registration or
license renewal but must base his or her decision upon substantial
and credible evidence of one or more of the grounds described above.
E.
Complaints. Any citizen or public official of the City can file and/or
initiate a complaint against a license holder. Complaints will be
kept and maintained by the City Clerk and may be considered when and
if a licensee seeks a renewal of his or her license in any succeeding
year.
A.
Procedure. An appeal of the Clerk's decision to the City Council
may be taken by any person aggrieved by the denial or revocation of
a license by filing a notice of appeal within 30 days of the decision
with the City Administrator. Every appeal should be in writing and
shall state the basis for the appeal. The City Council shall hear
the appeal within 30 days after the filing of the appeal and may affirm,
reverse or modify the decision appealed from.
B.
Scope of review. On appeal, the City Council shall review the decision
of the Clerk and determine whether the decision was based upon substantial
evidence and in compliance with the standards of this chapter. The
Council may take additional evidence with respect to such decision
or action and, if additional testimony or evidence is taken, it shall
determine the appeal upon all of the evidence.
C.
Status or operations pending municipal appeal. During the pendency
of an appeal to the City Council, the person, business or entity aggrieved
by the decision of the City Clerk may operate without risk of fine
if it has an existing license and the Clerk has revoked or denied
a renewal of the license. However, if the person, business or entity
has been denied its initial license, then any operation prior to a
decision by the City Council will be subject to the civil penalties
set forth herein.
D.
Appeal to the Superior Court. Any person aggrieved by the decision
of the City Council may appeal to the Superior Court in accordance
with the provisions of Maine Rule of Civil Procedure 80B.
A.
Content. Whenever a hearing is required, the Clerk shall give written
notice of the time and place of the hearing to the license holder
and the City Administrator. Notice shall also be posted in two prominent
public locations.
B.
Service. Except as expressly provided, whenever notice by mail is
required, such notice shall be mailed by regular United States mail
at least five days in advance of the hearing date.
A.
Each year, a license holder must submit a renewal application on the forms provided by the Clerk. The required fee set out in § 135-7 must be provided, or the Clerk will stay review.
B.
The Clerk shall submit to City staff the current license and registration
materials in the applicant's file, as well as copies of any complaints
and letters received by the Clerk regarding the renewal applicant.
D.
The Clerk shall issue his or her decision within 30 days unless City
staff are unable, in good faith, to finalize their investigation and
review, but in no event shall the license renewal decision take more
than 60 days.
E.
License holders who do not submit their renewal applications at least
30 days before expiration of their license are at risk in the event
the Clerk is unable to complete his or her review within 30 days,
and, in such case, if the license expires during such review without
a renewal having been yet granted, the license holder must cease growing,
cultivating, harvesting, managing, processing, transferring, exchanging
or distributing of marijuana or marijuana products.
The City Council, due to the importance of life safety to all,
and because a number of individuals are surreptitiously growing, cultivating,
harvesting, managing, processing, transferring, exchanging or distributing
marijuana or marijuana products within its boundaries, expressly intends
that this chapter be applied retroactively to January 1, 2016. Any
party who commenced growing, cultivating, harvesting, managing, processing,
transferring, exchanging or distributing marijuana or marijuana products
after January 1, 2016, but prior to the date of the enactment of this
chapter must register for a license, but fees for its first license
will be waived if the party can substantially establish that it was
engaged in growing, cultivating, harvesting, managing, processing,
transferring, exchanging or distributing marijuana or marijuana products
prior to enactment of this chapter.
A.
Lack of license. Any person or entity that grows, cultivates, harvests,
manages, processes, transfers, exchanges or distributes marijuana
or marijuana products without a valid license shall be subject to
the following fines:
B.
The failure to publicly display a license shall be $500 per offense.
C.
The fine for selling, transferring or assigning a license in violation of § 135-5C shall be $5,000.
If any portion of this chapter is held to be invalid, the remainder
of the chapter shall remain in full force and effect, it being the
City Council's intention that these provisions be severable to the
greatest extent allowed by law.
