[HISTORY: Adopted by the Municipal Council of the City of
Taunton 9-18-2018. Amendments
noted where applicable.]
A.
Purpose and intent. It is the purpose and intent of this section
to expand the local scope over marijuana establishments within the
City of Taunton under MGL c. 94G, and its implementing regulations
at 935 CMR 500, and to enable the City to further regulate, improve
compliance, deter illegal sales, impose reasonable safeguards to govern
the time, place and manner of marijuana establishment operations to
ensure public health and safety, well-being and deter illegal sale
of marijuana to underage persons and to ensure that the marijuana
establishment environment is strictly controlled to meet the requirements
of state law. This chapter is not intended to supersede any existing
state laws and should be interpreted to operate in harmony with such
laws. The authority for this chapter is in the Articles of Amendment
to the Massachusetts Constitution, Art. 2, § 6, MGL c. 94G,
§ 3, 935 CMR 500.170, and every other lawful authority.
B.
Definitions. Any word or phrase that is defined in MGL c. 94G, § 1,
or 935 CMR 500.002, as same may be amended from time to time, shall,
when used in this chapter, have the same meaning.
C.
No person shall operate a marijuana establishment unless:
(1)
A license is issued therefor, in accordance with MGL c. 94G, by the
Taunton Municipal Council (hereinafter "LLA"), which will refer all
license applications to the Police and License Committee;
(2)
There is an executed host community agreement with the City of Taunton,
which shall include such community impact fee as may be permitted
by MGL c. 94G, § 3(d);
(3)
A special permit has been issued by the Municipal Council in accordance
with Zoning Ordinance ______; and
(4)
The marijuana establishment is otherwise in compliance with the laws
of the commonwealth and ordinances of the City of Taunton.
D.
No person shall operate a marijuana establishment in the City without
a valid, active license issued by the commonwealth through the Massachusetts
Cannabis Control Commission in accordance with MGL c. 94G.
E.
The number of marijuana retailers within the City shall be limited
to the lowest possible number so as not to be fewer than 20% of the
number of licenses issued within the City for the retail sale of alcoholic
beverages not to be drunk on the premises where sold under MGL c.
138, § 15 ("package store license"). As of June 11, 2018,
there are 24 package store licenses issued, thus a maximum of five
marijuana retailers may be licensed by the City.
F.
All applications for licenses under this chapter shall be made on
a form or forms to be prescribed by the LLA and shall include a sworn
statement by the applicant giving the names and addresses of all persons
having a direct or indirect beneficial interest in the license. Every
applicant, or, if the applicant is a legal entity, all principals
thereof, shall be at least 21 years of age and suitable for licensure
as determined by the LLA. The LLA shall require each applicant to
submit, and include in the LLA's review of every application,
the following:
(1)
An emergency response plan that has been filed with the Fire Department
and the Police Department in accordance with MGL c. 94G, § 12(h).
(2)
Approval of the emergency response plan by the Fire Department and
Police Department, respectively.
(3)
Written operating procedures in accordance with 935 CMR 500.105.
(4)
A written communication from the Police Department that a security
plan detailing security measures to ensure patron and community safety
and to eliminate unauthorized access to the premises has been submitted
to and approved by the Police Department.
G.
No license shall be transferred without the prior written consent
of the LLA.
H.
All licenses must be posted under glass or equivalent protective
surface and shall be posted on the licensed premises in a clear and
conspicuous manner so that the same may be easily observed by a local
inspector from a publicly accessible space.
I.
The fee for the license for a marijuana establishment shall be set
by the LLA or Municipal Council.
J.
Every license issued under this section shall expire annually on
June 30, unless sooner revoked.
K.
The LLA shall not issue a license where a proposed location would
be in violation of the General Laws of the Commonwealth or any ordinance
of the City of Taunton.
L.
The hours of operation of a marijuana establishment shall be set
by Municipal Council in the special permit.
M.
Records that are required to be kept by state law or regulation of
marijuana purchased and sold must be available when requested by members
of the LLA, Police Department, local enforcement officer, or any other
authorized person or entity.
N.
Within 30 days of receiving a renewal license from the Massachusetts
Cannabis Control Commission, a marijuana establishment shall submit
a copy to the LLA.
O.
This chapter is in addition to any other laws, regulations or ordinances
that may govern a marijuana establishment.
P.
The LLA may adopt rules and regulations it deems necessary to implement
this section.
Q.
Authority to inspect marijuana establishments for compliance and
to enforce this chapter shall be held by the Building Commissioner,
Zoning Enforcement Officers, Taunton Police Department, Taunton Fire
Department, the Board of Health, the LLA and its authorized agents,
or any other agency designated by the Mayor. Every marijuana establishment
must permit any such authorized person access for the purpose of lawful
inspection as a condition of its license.
R.
Violations.
(1)
Violation guidelines. In the event that a licensee violates, or permits
a violation of a law of the commonwealth related to recreational marijuana;
this chapter or any other City of Taunton Ordinance related to recreational
marijuana; or any rules and regulations promulgated by the LLA hereunder,
the LLA may take the following actions, respectively:
(2)
Prior violations. Violations which occurred more than two years prior
to the date of a violation shall not be used in calculating the number
of for purposes of these guidelines.
(3)
LLA discretion. The LLA may use its discretion in determining whether
the facts surrounding a violation warrant action different than that
suggested by the guidelines. These guidelines shall not be construed
so as to limit the LLA's authority to impose additional conditions
on a license when warranted.
