City of Taunton, MA Chapter 222 Recreational (Non-Medicinal) Marijuana Establishments

[HISTORY: Adopted by the Municipal Council of the City of Taunton 9-18-2018; amended in its entirety 6-22-2021.[1] Subsequent amendments noted where applicable.]

[1] Editor's Note: Prior amendments were adopted 2-12-2019 and 3-23-2021.

§ 222-1 License requirements.

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 and 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) All required special permits, site plan reviews and variances required under the City of Taunton Zoning Ordinance have been obtained;

(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 total number of marijuana retailer licenses which may be issued pursuant to this chapter shall be nine.

[Amended 10-18-2022]

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. Said written communication from the Police Department shall also state that the applicant's architectural plans for the proposed facility required under the Cannabis Control Commission regulations have been reviewed and approved by the Police Department as part of its review of security concerns.

(5) Evidence that the applicant has received at least a provisional license approval from the Cannabis Control Commission.

(6) A copy of the applicant's full application with the Cannabis Control Commission.

G. Suitability of applicant for licensure.

(1) In order to determine the applicant's suitability for licensure as provided in this chapter, the LLA may consider the following factors:

(a) Community outreach efforts by the applicant;

(b) The applicant's business plan, experience and expertise in the marijuana industry;

(c) Whether the applicant has submitted a full and complete application;

(d) Social equity, economic empowerment and priority status, if any, under the Cannabis Control Commission's regulations;

(e) Any other information relevant to the applicant's suitability for licensure.

(2) In addition, in considering the applicant's suitability for licensure, the LLA shall consider the suitability of the premises at which the applicant intends to carry out the licensed business. In considering the suitability of the premises, the LLA may consider the following factors:

(a) The proximity of the premises to schools, residences, houses of worship, parks, playgrounds, child-care facilities, and other licensed marijuana establishments;

(b) Setbacks from roads, intersecting streets and abutting properties;

(c) Likely or potential neighborhood and community impacts resulting from the use of the premises for a marijuana establishment.

H. No license shall be transferred without the prior written consent of the LLA.

I. 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.

J. The fee for the license for a marijuana establishment shall be set by the LLA or Municipal Council.

K. Every license issued under this section shall expire annually on June 30, unless sooner revoked.

L. 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.

M. The hours of operation of a marijuana establishment shall be set by Municipal Council in the special permit.

N. 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.

O. Within 30 days of receiving a renewal license from the Massachusetts Cannabis Control Commission, a marijuana establishment shall submit a copy to the LLA.

P. This chapter is in addition to any other laws, regulations or ordinances that may govern a marijuana establishment.

Q. The LLA may adopt rules and regulations it deems necessary to implement this section.

R. 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.

S. 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:

(a) First violation: warning to seven-day suspension.

(b) Second violation: warning to thirty-day suspension.

(c) Third violation: seven-day suspension to revocation.

(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 violations 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.

T. Host community agreements. The number of active host community agreements (HCA) for marijuana retailer establishments shall not exceed the number of available marijuana retailer licenses.

U. There shall be a rebuttable presumption that a recreational marijuana establishment which has received a local license under this chapter and either: (1) has not commenced operations within one year of the LLA's approval of its license; or (2) has not generated revenue at the location of the licensed establishment within one year of the LLA's approval of its license; or (3) is not current on fees owed to the City under its host community agreement or applicable law shall be ineligible for renewal of its local license, but the Municipal Council, notwithstanding this, may, in its sole discretion, extend the time period for additional six-month increments in order to achieve compliance with the foregoing.

§ 222-2 Certain setback requirements.

A. Pursuant to MGL c. 94G, § 5(b)(3), the 500-foot buffer zone found within said section is reduced to zero feet with respect to only such parcels of property within the City of Taunton that are: (1) within a Highway Business Zoning District; (2) within 500 feet of the property line of the parcel of land (Assessor ID 67-119) that contains Taunton High School, Parker Middle School and Elizabeth Pole School; and (3) separated from said school buildings by the Taunton River.

B. The Municipal Council shall not issue a local license to any marijuana retailer for a premises within 1,000 feet of the premises of another marijuana retailer holding an existing license under this chapter which is also classified by the Cannabis Control Commission as either an Economic Empowerment Priority Applicant or a Social Equity Program Participant pursuant to the Cannabis Control Commission regulations codified at 935 CMR 500.001 et seq. For purposes of this chapter, said 1,000 feet shall be measured in a straight line from the geometric center of the marijuana establishment entrance, unless there is an impassible barrier within those 1,000 feet. In the event there is an impassible barrier within said 1,000 feet, the distance shall be measured along the center of the shortest travel path for pedestrians or automobiles from the geometric center of the marijuana establishment entrance.