[Adopted 9-13-2010 by Ord. No. 10-185]
[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]
[Added 7-22-2019 by Ord.
No. 19-275; 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.
(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.
[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.