[HISTORY: Adopted by the Annual Town Meeting of the Town
of Newbury 4-24-2018 by Art. 18.
Amendments noted where applicable.]
[Amended 11-12-2019 STM, Art. 13]
A.
No person shall carry on the business of cultivating, processing,
packaging, delivering, obtaining, manufacturing, branding, selling
or otherwise transferring, or testing marijuana or marijuana products,
or otherwise operate a Marijuana Establishment as defined by Massachusetts
General Laws Chapter 94G within the Town unless first duly licensed
thereof by the Board of Selectmen, which license must be reviewed
and renewed on an annual basis.
A.
The number of Marijuana Retail Licenses issued in the Town of Newbury
shall be limited to twenty (20%) percent of licenses issued in the
Town of Newbury for retail sale of alcoholic beverages not to be drunk
on the premises where sold, which shall be calculated by rounding
up to the next whole number.
[Amended 11-12-2019 STM, Art. 13]
A.
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.
Applicants for a license shall file an application on a form
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.
[Amended 11-12-2019 STM, Art. 13]
A.
The Board of Selectmen must act upon the application at one of their
next two regularly scheduled meetings with due written notice provided
to the applicant of the time, date and location where such application
will be heard.
A.
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 the 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 not more than
$100.00. Any failure to comply after the issuance of said initial
fine may be punishable by a subsequent fine of up to $300.00. Each
day of a continued non-compliance 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.
A.
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 Town Collector of individuals delinquent on their taxes and/or
water bills. Written notice must be given to the party by the Tax
Collector, as required by applicable provision of law, and the party
must be given the opportunity for a hearing not earlier than 14 days
after said notice.
A.
Home Rule Amendment [Art. 89 of the Amendments to the Massachusetts
Constitution]; Massachusetts General Laws, Chapter 94G, § 3,
935 CMR 500.000.
