[HISTORY: Adopted by the Town Meeting of the Town of Hull
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-12-2018 STM
by Art. 5]
The intent of this section is to establish local requirements
to ensure safe and appropriate implementation of G.L. c. 94G, legalizing
recreational marijuana, within the Town in order to protect the public
good, welfare and safety.
See G.L. c. 94G, § 1, and G.L. c. 94I, § 1,
and the regulations promulgated thereunder by the Commonwealth of
Massachusetts, for definitions of applicable terms. This section specifically
adopts the following definitions consistent with G.L. c. 94G, § 1,
and 935 CMR 500, as they may be amended:
The Massachusetts Cannabis Control Commission, or its successor.
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol as defined in section 1 of chapter
94C; provided, however, that "marijuana" shall not include (1) the
mature stalks of the plant, fiber produced from the stalks, oil, or
cake made from the seeds of the plant, any other compound, manufacture,
salt derivative, mixture or preparation of the mature stalks, fiber,
oil or cake made from the seeds of the plant or the sterilized seed
of the plant that is incapable of germination; (2) hemp; or (3) the
weight of any other ingredient combined with marijuana to prepare
topical or oral administrations, food, drink or other products. Marijuana
also includes marijuana products except where the context clearly
indicates otherwise.
An entity licensed by the CCC to cultivate, process, and
package marijuana, to deliver marijuana to marijuana establishments
and to transfer marijuana to other marijuana establishments, but not
to consumers.
A marijuana retailer, marijuana product manufacturer, marijuana
cultivator, independent testing laboratory, standards laboratory,
marijuana research facility, marijuana transporter, marijuana micro-business,
or any other type of marijuana-related business that has been duly
licensed by the CCC.
A board member, director, employee, executive, manager, or
volunteer of a Marijuana Establishment, who is 21 years of age or
older. "Employee" includes a consultant who provides on-site services
to a Marijuana Establishment related to the cultivation, harvesting,
preparation, packaging, storage, testing, or dispensing of marijuana.
An entity licensed by the CCC to test marijuana and marijuana
products consistent with G.L. c. 94G, including certification for
potency and the presence of contaminants.
A Marijuana Establishment licensed by the CCC to act as a
co-located licensed Marijuana Cultivator in an area less than 5,000
square feet, a licensed Marijuana Product Manufacturer, and a licensed
Marijuana Delivery Service in compliance with operating procedures
for each such license.
An entity licensed by the Commonwealth to obtain, manufacture,
process and package marijuana and marijuana products, to deliver marijuana
and marijuana products to marijuana establishments and to transfer
marijuana and marijuana products to other marijuana establishments,
but not to consumers.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed by the CCC to engage in research projects,
including cultivation, purchase or acquisition otherwise of marijuana
for the purpose of conducting research regarding marijuana and marijuana
products. A marijuana research facility may be academic institutions,
nonprofit corporations and domestic corporations or entities authorized
to do business in Massachusetts. A marijuana research facility may
hold a CCC marijuana retailer license to sell marijuana and marijuana
products.
An entity licensed by the commonwealth to purchase and deliver
marijuana and marijuana products from marijuana establishments and
to deliver, sell or otherwise transfer marijuana and marijuana products
to marijuana establishments and to consumers.
A Marijuana Retailer licensed by the Massachusetts Cannabis
Control Commission to purchase marijuana and marijuana products from
marijuana establishments and to sell marijuana and marijuana products
on its premises only to consumers or allow consumers to consume marijuana
and marijuana products on its premises only.
An entity, not otherwise licensed by the CCC, that is licensed
by the CCC to purchase, obtain and possess marijuana and marijuana
products solely for the purpose of transporting, temporary storage,
sale and distribution to marijuana establishments, not for sale to
consumers.
A not-for-profit entity registered under 105 CMR 725.100,
also known as a Registered Marijuana Dispensary (RMD), that acquires,
cultivates, possesses, processes (including development of related
products such as edible marijuana-infused products, tinctures, aerosols,
oils, or ointments), transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies,
or educational materials to registered qualifying patients or their
personal caregivers for medical use. Unless otherwise specified, RMD
refers to the site(s) of dispensing, cultivation, and preparation
of marijuana for medical use.
A laboratory meeting the requirements of the independent
testing laboratory that is licensed by the Massachusetts Cannabis
Control Commission as a standards laboratory to ensure consistent
and compliant testing by the independent testing laboratories.
The number of permits issued pursuant to this section to marijuana
retailers shall not exceed two.
Marijuana establishments shall comply with the following requirements:
A.
General
(1)
Marijuana establishments shall comply with applicable State and local
laws, regulations, bylaws, codes, conditions and agreements with the
Town, including, but not limited to, G.L. c. 94G, G.L. c. 94I, 935
CMR 500, the Town of Hull's By-Laws, the Town of Hull's Zoning By-Laws,[1] all applicable Town and state and federal building, fire
prevention, police, and health codes, regulations and standards, any
conditions imposed on licenses and permits held by the marijuana establishment
(including, but not limited to, any special permit conditions), and
agreements between the marijuana establishment and the Town, including
host community agreements.
(2)
Marijuana establishments shall maintain all permits and licenses
required by State, Federal and local laws (to the extent applicable),
including, but not limited to, a valid, current license in good standing
from the CCC. Any voiding of the CCC's license by operation of law
(including due to cessation of operations, failure to become operational
within the permitted time, or relocation without CCC approval) and
any revocation or suspension of the marijuana establishment's CCC
license shall result in an automatic suspension of the permit issued
hereunder pending hearing or the opportunity therefor afforded to
the marijuana establishment and pending further determination by the
Special Permit Granting Authority of any zoning special permit issued.
B.
Operational Requirements
(1)
General
(b)
No marijuana establishment shall allow cultivation, processing,
manufacture, sale or display of marijuana or marijuana products to
be visible from a public place without the use of binoculars, aircraft
or other optical aids.
(c)
Marijuana establishments may cultivate, process, test, store,
sell, distribute and manufacture marijuana or marijuana products only
within an area that is licensed, enclosed and secured in a manner
that prevents access by persons not permitted by the marijuana establishment
to access the area and all such activities must only occur within
the area specifically described in the license issued hereunder.
(d)
No marijuana establishment shall allow any person under 21 years
of age to volunteer or work for the marijuana establishment.
(e)
Hours of operation shall be set by the Select Board as part
of the local license. In any event, hours of operation shall not be
before _____ a.m. or after _____ p.m.
[Amended 5-8-2021 ATM by Art. 6B]
(f)
Marijuana establishments shall ensure that their (a) hours of
operation, and their (b) hours and methods of transportation of product
shall not be a detriment to the surrounding area and nearby uses.
(g)
Marijuana establishments shall not permit any disorder, disturbance,
or illegality under State or local law of any kind on the premises.
(h)
Marijuana establishments shall not permit any disorder, disturbance,
or illegality under State or local law of any kind on the premises
or to the extent it is within their control, outside of the premises.
(i)
Marijuana establishment operations shall not result in illegal
distribution or redistribution under State or local law of marijuana
obtained from the marijuana establishment, or in use of marijuana
in any manner that violates State or local law.
(j)
Marijuana establishment operations shall not create nuisance
conditions in parking areas, sidewalks, streets and areas surrounding
its premises and adjacent properties. "Nuisance" includes, but is
not limited to, disturbances of the peace, open public consumption
of cannabis, excessive pedestrian or vehicular traffic, illegal drug
activity under State or local law, harassment of passersby, excessive
littering, excessive loitering, illegal parking, excessive loud noises,
excessive citation for violations of State or local traffic laws and
regulations, queuing of patrons (vehicular or pedestrian) in or other
obstructions of the public or private way (sidewalks and streets),
collisions between vehicles, bicyclists, and pedestrians, lewd conduct
or police detentions and arrests.
(k)
Marijuana establishments shall equip the premises and otherwise
conduct their operations in such a manner that:
(l)
A marijuana establishment shall be required to remove all marijuana
and marijuana products by the earlier of: a) prior to surrendering
its State-issued license; or b) within six months of ceasing operations.
As relates thereto, marijuana establishments shall post with the Town
a bond or other surety as may be approved by the Town to ensure the
proper removal of all marijuana and marijuana products within said
removal period.
(m)
Marijuana establishments shall comply with 527 CMR and with
Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.
(2)
Marijuana Retailers. Marijuana retailers are required to engage in
patron verification as follows:
(a)
Upon entry into the premises of an adult-use marijuana retailer
by an individual, a marijuana establishment agent shall immediately
inspect the individual's proof of identification and determine the
individual's age. An individual shall not be admitted to the premises
unless the marijuana retailer has verified that the individual is
21 years of age or older by an individual's legally acceptable proof
of identification.
(b)
Upon entry into the premises of a marijuana retailer that is
co-located with a medical marijuana treatment center by an individual,
a marijuana establishment agent shall immediately inspect the individual's
proof of identification and determine that the individual is 21 years
of age or older. If the individual is under 21 years of age but 18
years of age or older, the individual shall not be admitted unless
he or she produces an active Medical Use of Marijuana Program registration
card. If the individual is under 18 years of age, the individual shall
not be admitted unless he or she produces an active Massachusetts
Medical Use of Marijuana Program registration card and is accompanied
by a personal caregiver with an active Massachusetts Medical Use of
Marijuana Program registration card and legally acceptable proof of
identification.
(c)
Marijuana retailers shall not sell, distribute or offer for
sale or distribution of marijuana or marijuana products in a quantity
that exceeds the limits established by 935 CMR 500 or other applicable
law.
(d)
Marijuana retailers shall not distribute marijuana or marijuana
products free of charge or in connection with a commercial or promotional
endeavor within the Town of Hull. Such endeavors include, but are
not limited to, product "giveaways", or distribution of marijuana
or marijuana products as an incentive, prize or bonus in a game, contest
or tournament involving skill or chance.
(e)
Marijuana retailers are prohibited from use of on-site self-service
displays. Self-service displays are defined to mean displays from
which customers may select marijuana or marijuana products without
assistance from an employee or store personnel, and include vending
machines.
(f)
Unless provided otherwise by Town-wide vote pursuant to G.L.
c. 94G, § 3(b), and approved as part of a license issued
hereunder, no marijuana retailer shall allow consumption of marijuana
products in the interior or exterior premises of the establishment.
In the event that on-premises consumption is voted pursuant to G.L.
c. 94G, § 3(b), Marijuana Social Consumption Operators must
obtain a license to do so from the Town or an amendment to its existing
license and abide by all State and local requirements for marijuana
establishments, including those pertaining to identification verification
prior to entry. In no event shall Marijuana Social Consumption Operators
permit the smoking of marijuana or marijuana products on the premises.
"Smoking" is defined to mean the lighting of or having in one's possession
any lighted cigarette, cigar, pipe or other product designed to be
combusted and inhaled. The activation of or inhalation of vapor from
an e-cigarette or other similar device shall be considered smoking.
(g)
To the extent such a prohibition is permitted by law, delivery
of marijuana to consumers is prohibited in the Town. This prohibition
shall not apply any lawful delivery from a RMD.
C.
Security-Specific Requirements
(1)
Marijuana establishments shall secure every entrance to the establishment
so that access to areas containing marijuana is restricted to employees
and others permitted by the marijuana establishment to access the
area and to agents of the CCC or state and local law enforcement and
inspectional officers and emergency personnel.
(2)
Marijuana establishments shall secure their inventory and equipment
during and after operating hours to deter and prevent theft of marijuana,
marijuana products and marijuana accessories.
(3)
Marijuana establishments shall file an emergency response plan with
the fire department and police department and share their security
plan and procedures and any updates to them in the event they are
modified.
(4)
A recordable video system as approved by the Chief of Police shall
be operational at all times the establishment is open in a minimum
of such areas as directed by the Chief of Police, and such recordings
shall be maintained by the establishment and available to all regulatory
authorities for a minimum of 30 days.
D.
Access to Premises and Information/Reporting/Record-Keeping
(1)
Marijuana establishments shall consent to unannounced, unscheduled,
periodic inspections of its premises by the Special Permit Granting
Authority (SPGA) and agents of the SPGA, from the Licensing Authority,
Building, Health, Police and Fire Departments (which, when conducted
by the Police Department, shall be by a sworn police officer holding
the rank of Sergeant or higher) during normal business hours to determine
the establishment's compliance with the requirements of applicable
state and local laws, regulations, codes, license and permit conditions,
and this section. In addition, routine inspections may be made on
week-days during regular Town business hours by authorized inspectional
departments to determine compliance with applicable state and local
laws, regulations, codes and license and permit conditions. Inspections
by the authorized inspectional departments may be made at other times
to investigate complaints or suspected non-compliance issues. Inspections
may include all areas occupied, used or controlled by the establishment.
Facilities requiring inspections or re-inspections are subject to
applicable inspection or re-inspection fees. Inspections shall be
conducted in conformity with applicable federal, state and local law.
(2)
Marijuana establishments shall cooperate and comply with requests
for information made by the SPGA and Town agents from the Licensing
Authority, Planning, Building, Health, Police, Fire and Public Works
Departments.
(3)
Within 24 hours of receipt of notice of it, the marijuana establishment
shall file with the Town Manager, Police and Fire Chiefs, Director
of Public Health and the Building Commissioner any summary cease-and-desist
order, cease-and-desist order, quarantine order, suspension order,
revocation order, order limiting sales, deficiency statement, plan
of correction, notice of a hearing, notice of any other administrative
process or legal action, denial of a license, denial of a renewal
of a license, or final action issued by a state or federal agency
[including, but not limited to, the CCC and Massachusetts Department
of Public Health (DPH)] regarding the marijuana establishment, the
CCC license, or the DPH Certificate of Registration. Any unusual or
out-of-the-ordinary event happening at the location or involving the
business shall similarly be reported to the Town.
A.
This subsection applies to marijuana establishments that receive
licenses to operate from the CCC.
B.
No person shall operate a marijuana establishment within the Town
unless licensed to do so by the Select Board ("Board"). Unless the
Board states otherwise, a marijuana establishment license shall be
valid for a term of one year from the first day of January and shall
expire on December 31 of that year. Licenses issued for a period starting
after January 1 shall expire on December 31. Each day of operation
without a marijuana establishment license shall constitute a separate
violation.
[Amended 5-8-2021 ATM by Art. 6B]
C.
A marijuana establishment license shall be subject to the marijuana
establishment's compliance with Massachusetts and Town laws, by-laws,
regulations, and codes, including, but not limited to, 935 CMR 500,
the Town's Zoning By-Law,[1] and any Town regulations adopted pursuant to this By-Law,
and with any conditions placed on the marijuana establishment's license.
A license shall be subject to the marijuana establishment's compliance
with this bylaw and with any conditions placed on the marijuana establishment's
license.
D.
The Board may issue regulations for the implementation of this By-Law.
Said regulations may include further licensing procedures, including
for original applications, renewals, transfers of licenses and locations
and other license matters, and may establish fees for same, including
inspection and re-inspection fees.
E.
The Board shall specify the process and forms to be used by applicants
for new and renewed marijuana establishment licenses.
F.
The Board or its designee may inspect a marijuana establishment and
affiliated vehicles prior to the issuance of a marijuana establishment
license or renewal of a license.
G.
All areas of a marijuana establishment may be subject to inspection
consistent with applicable law.
H.
Marijuana establishments will post the Town license and all other
licenses in a conspicuous place where it can be easily read.
I.
The Board may, to the extent permitted under applicable law, consider
whether an applicant for a license is a suitable and responsible license
candidate and other aspects of the application as may be necessary
to implement the purposes of this By-Law. An applicant's non-compliance
with Massachusetts and Town laws, bylaws, regulations, and codes,
including, but not limited to, 935 CMR 500, the Town's Zoning By-Law,[2] its general bylaws, with any Town regulations and with
any conditions on a license may be cause for denial, suspension or
revocation of an application for a new or renewed marijuana establishment
license.
This By-Law shall not be implemented in a manner that conflicts
or interferes with the Massachusetts General Laws chapter 94G or 94I
or with the regulations promulgated thereunder, including 935 CMR
500.
The Police Department shall enforce this Bylaw. The fine for violation of this Bylaw shall be $300 for each offense. Any violation of this Bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of noncriminal disposition proceedings commenced by such agent under G.L. c. 40, § 21D and Chapter 1 of the Code/Bylaws of the Town. Each day of a continuing violation shall count as a separate violation. Any fine imposed hereunder shall be in addition to any civil penalty imposed under G.L. c. 94C.
Any clause, section or part of this chapter determined to be
invalid by any court or authority of competent jurisdiction for any
reason shall be severable from any other clause, section or part without
affecting the validity of that which remains.
[Adopted 2-12-2018 STM
by Art. 6]
