[Adopted 5-15-2019 ATM,
Art. 18]
The purpose of this article is to provide for and regulate the
issuance of licenses for registered caregiver retail stores as defined
in this article and by the State of Maine under the Maine Medical
Use of Marijuana Act, 22 M.R.S.A. § 2421 et seq., as may
be amended, and to provide for and regulate registered caregivers
operating within the Town of Topsham.
This article is adopted pursuant to the authority granted by
22 M.R.S.A. § 2421 et seq., as may be amended, and the Town's
home rule authority under Chapter VIII, Part 2, Section 1 of the Maine
Constitution.
As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section.
A person that has submitted an application for licensure
as a marijuana business pursuant to this article.
The planting, propagation, growing, harvesting, drying, curing,
grading, and trimming or other processing of marijuana for use or
sale. It does not include manufacturing.
The plant material harvested from a mature marijuana plant,
except the stalks, leaves and roots of the plant that are not used
for a qualifying patient's medical use. "Harvested marijuana" includes
marijuana concentrate and marijuana products.
The premises specified in an application for a license pursuant
to this article that are owned or in possession of the licensee and
within which the licensee is authorized to cultivate, manufacture,
distribute, sell, or test adult use marijuana, adult use marijuana
products, medical marijuana or medical marijuana products in accordance
with the provisions of this article and the requirements of state
law and regulations.
A person licensed pursuant to this article.
Leaves, stems, flowers and seeds of a marijuana plant, whether
growing or not, "Marijuana" includes marijuana concentrate.
A marijuana cultivation facility, a marijuana products manufacturing
facility, or a marijuana testing facility. The term "marijuana business"
does not include registered caregiver retail stores.
The resin extracted from any part of a marijuana plant and
every compound, manufacture, salt, derivative, mixture or preparation
from such resin, including, but not limited to, hashish. In determining
the weight of marijuana concentrate in a marijuana product, the weight
of any other ingredient combined with marijuana to prepare a marijuana
product may not be included.
A facility licensed to cultivate, prepare and package adult
use and/or medical marijuana and to sell adult use and medical marijuana
to marijuana manufacturing facilities, marijuana stores, and other
cultivation facilities. A marijuana cultivation facility is not authorized
as an accessory use, and only where expressly allowed as a permitted
or conditional use.
The medical use of marijuana, with the term "medical use"
as defined in 22 M.R.S.A. § 2422(5), as may be amended.
A person whose beneficial interest in a marijuana business
is such that the person bears risk of loss other than as an insurer,
has an opportunity to gain profit from the operation or sale of a
marijuana business and has a controlling interest in a marijuana business.
A natural person, partnership, association, company, corporation,
limited-liability company or organization or a manager, agent, owner,
director, servant, officer or employee thereof. "Person" does not
include any governmental organization.
A person who has been a resident of the State for at least
30 days and who possesses a valid written certification regarding
medical use of marijuana in accordance with 22 M.R.S.A. § 2423-B.
A person or an assistant of that person that provides care
for a qualifying patient and who is registered by the State of Maine
pursuant to 22 M.R.S.A. § 2425-A.
A facility operated by a single medical marijuana registered
caregiver and licensed to sell harvested marijuana to qualifying patients
for the patients' medical use and may include an area for consultation
with patients.
Any license, registration or certification issued by the
state licensing authority.
The authority (or authorities) created by the state for the
purpose of regulating and controlling the licensing of the cultivation,
manufacture, distribution, testing and sale of adult use marijuana,
adult use marijuana products, medical marijuana and/or medical marijuana
products in this state.
The Selectboard shall only issue a limited number of registered caregiver retail store licenses in accordance with this article and where allowed in the land use code, § 225-16.
A.
Number of licenses allowed. The Selectboard is authorized to issue
no more than two registered caregiver retail store licenses.
B.
Number of licenses allowed per business. The Selectboard shall issue
no more than one registered caregiver retail store license per business/individual/owner.
C.
Prioritization of license review.
(1)
Registered caregiver retail stores that were operating with Town
approval prior to December 13, 2018, shall have a priority of review
for license issuance by the Selectboard, provided that the owner/operator
of the business submits a completed application for a license within
90 days of enactment of this article. Such businesses shall be included
in the maximum number of licenses permitted.
(2)
Any change in ownership or change in officers of an owner of an existing
registered caregiver retail store shall have a priority of review
to maintain the issued license, provided that a completed license
application is submitted prior to the change of ownership.
Registered caregiver retail stores are permitted pursuant to a license issued by the Selectboard and subject to the requirements and restrictions of this article and Chapter 225 of this Code.
A.
No registered caregiver retail store shall be established or operated within the Town without first receiving and then maintaining all approvals required under this Code, including, but not limited to, this article and Chapter 225 of the Code.
B.
No registered caregiver retail store shall conduct any activity for
which it has not received any required state license and registered
caregiver retail store license.
C.
No adult use marijuana retail stores are permitted within the Town
of Topsham.
A.
State license. Registered caregiver retail stores shall not operate
until they receive all necessary state licenses and all other necessary
approvals.
B.
Business license. A registered caregiver retail store license issued
under the provisions of this article is required for any registered
caregiver retail store. No person shall operate a registered caregiver
retail store, nor shall any property owner permit the use of his or
her premises to be operated as a registered caregiver retail store,
without a valid license issued by the Town.
A.
Licensing procedures.
[Amended 6-2-2021 STM by Art. 10]
(1)
Applications shall be reviewed in the order they are received and
determined to be complete. After a completed application packet and
fee is received by the Town Clerk, the Clerk will review the information
and will contact the applicant if clarifications or updates to the
submitted application materials are needed. The Clerk will notify
the applicant whether they have met the standards necessary to be
invited to be reviewed by the Topsham Board of Selectmen.
(2)
The initial application for a license shall be processed by the Town Clerk but shall be reviewed by the Topsham Board of Selectmen. Applications shall be made on a form prepared by the Town and must include all information required by § 150-11 of this article and by the form.
(3)
In the event that the Town Clerk determines that a submitted application
is not complete, the Town Clerk shall notify the applicant within
10 business days that the application is not complete and shall inform
the applicant of the additional information required to process the
application.
(4)
The Town Clerk shall order background checks of each applicant and
renewal applicant. If the applicant is a business entity, every officer,
director, manager and general partner of the business entity is required
to submit to a criminal history record check. Failure to submit required
releases for a background check is grounds for denial of a license.
The cost of the background check shall be borne by the applicant above
and beyond the application fee.
(5)
Public hearing. A public hearing on an application for a license shall be scheduled after receipt of a completed application pursuant to § 150-11. The Town Clerk shall post and publish public notice of the hearing not less than seven days prior to the hearing.
(6)
A renewal application shall be subject to the same review standards
and fees as applied to the initial issuance of the license. Public
notification and comment period shall be conducted 14 days prior to
any license renewal issuance. As part of the renewal process, the
Town Board of Selectmen Clerk shall conduct a full staff review to
determine if any changes in operation or compliance from prior years
have occurred or are proposed, and based upon that review, may refer
action on a renewal application to the Town Board of Selectmen for
public hearing and action.
(7)
Applications received after the maximum number of licenses has been
issued shall be placed on a waiting list at the request of the applicant.
Following termination of an existing license, the Board of Selectmen
shall consider applications in order from the waitlist.
B.
Responsibilities and review authority.
(1)
The Town Clerk shall be responsible for the initial investigation
of the application to ensure compliance with the requirements of this
article. The Town Clerk shall consult with other Town departments
and any appropriate state licensing authority as part of this investigation.
(2)
The Selectboard shall have the authority to impose any conditions
on a license that may be necessary to insure compliance with the requirements
of this article or to address concerns about operations that may be
resolved through the conditions. The failure to comply with such conditions
shall be considered a violation of the license.
(3)
No registered caregiver retail store license shall be granted by
the Selectboard until the Police Chief, the Fire Chief, the Health
Inspector, and the Planning and Code Enforcement Office have all made
a positive recommendation upon the applicant's ability to comply with
this article. Whenever inspections of the premises used for or in
connection with the operation of a licensed business are provided
for or required by ordinance or State law, or are reasonably necessary
to secure compliance with any ordinance provision or State law, it
shall be the duty of the applicant or licensee, or the person in charge
of the premises to be inspected, to admit any officer, official, or
employee of the Town authorized to make the inspection at any reasonable
time that admission is requested.
C.
Confidentiality. Medical marijuana registered caregivers and other
applicants submitting applications and supporting information that
is confidential under 22 M.R.S.A. § 2425-A(12), as may be
amended, and the Maine Freedom of Access Act, 1 M.R.S.A. § 403(3)(F),
shall mark such information as confidential.
Fees for a registered caregiver retail store license shall be
as set forth in the Schedule of License, Permit, Inspection and Application
Fees established by Selectboard order and shall be paid annually.
A.
Application required. Each applicant for a registered caregiver retail store license shall complete and file an application on a form prescribed by the Town Clerk, together with a license fee as required by § 150-30 of this article and as specified in the Schedule of License, Permit, Inspection and Application Fees, together with the following submissions:
(1)
If a state license is required for the proposed use, a copy of the
applicant's state license application and supporting documentation
as filed with the state licensing authority, and any amendments thereto.
(2)
Evidence of all state approvals or conditional approvals required
to operate a registered caregiver retail store, including, but not
limited to, a state license as defined by this article, a state retail
certificate, or a state health license.
(3)
Attested copies of the articles of incorporation and bylaws if the
applicant is a corporation, operating agreement if the applicant is
a limited-liability company, evidence of partnership if the applicant
is a partnership, or articles of association and bylaws if the applicant
is an association.
(4)
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.
(5)
Evidence of a property interest in the premises in which the registered
caregiver retail store will be located, along with the written consent
of the owner of the premises for such use if the applicant is not
the owner.
(6)
A description of the premises for which the registered caregiver
retail store license is sought, including a floor plan of the premises
showing how the floor space is or will be used, parking for the premises,
total floor area of the building(s), and the nature and location of
any existing or proposed exterior lighting and signage.
(7)
A copy of the applicant's security plan and operations manual.
A license must be obtained prior to the opening of a registered
caregiver retail store. Each license shall be effective for a period
of one year from the date of its issuance. Applications for renewal
licenses shall be submitted at least 90 days prior to expiration of
the existing term. Any licensee that fails to submit a renewal application
by the applicable deadline shall not have authority to operate until
a new license is granted and may lose priority in the issuance of
license if the maximum number of licenses has been issued.
A.
A registered caregiver retail store License under this article shall
be denied to the following persons:
(1)
A person who fails to meet the requirements of this article. Where
an applicant is an entity rather than a natural person, all natural
persons with an ownership interest shall meet the requirements.
(2)
A person who has had a license for a registered caregiver retail
store or marijuana business revoked by the Town or by the state.
(3)
An applicant who has not acquired all necessary state approvals and
other required local approvals prior to the issuance of a registered
caregiver retail store license.
(4)
The Town may suspend or revoke a license for any violation of this article, Chapter 225 or any other applicable building and life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a registered caregiver retail store or marijuana business suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
The licensee shall comply with all of the following requirements
during the term of the registered caregiver retail store license:
A.
Display of license. The current registered caregiver retail store
license shall be displayed at all times in a conspicuous location
within the licensed premises.
B.
Compliance with other laws. A registered caregiver retail store shall
meet all operating and other requirements of state and local law and
regulation. To the extent the State of Maine has adopted or adopts
in the future any stricter law or regulation governing registered
caregiver retail stores, the stricter law or regulation shall control.
C.
Location.
(1)
All licensed premises shall be fixed, permanent locations. Licensees
shall not be permitted to operate a registered caregiver retail store
in temporary locations such as mall kiosks or farm stands.
(2)
No more than one registered caregiver retail store shall be located
on a single parcel of land.
(3)
No registered caregiver retail store shall be located within 1,000
feet of the entrance of a preexisting public or private school. For
the purposes of this article, "school" includes a public school, private
school, or public preschool program as defined in 20-A M.R.S.A. § 1,
or any other educational facility that serves children from prekindergarten
to grade 12. Distance shall be measured in a straight line, without
regard to intervening structures or objects, from the nearest entrance
of the school to the nearest entrance of the registered caregiver
retail store.
(4)
No registered caregiver retail store shall be located such that the
nearest entrance to the facility is any closer than 1,000 feet, measured
in a straight line, without regard to intervening structures or objects,
to the nearest entrance of another registered caregiver retail store
or marijuana business located on a separate parcel of land.
(5)
No registered caregiver retail store shall be located inside a building
containing residential units, including transient housing such as
lodging, group homes, hotels, motels, and boardinghouses.
(6)
No registered caregiver retail store shall be located within 200
feet of any residence, a building containing residents, or residential
use. Distance shall be measured in a straight line, without regard
to intervening structures or objects, from the nearest entrance of
the residential building or use to the nearest entrance of the registered
caregiver retail store.
D.
Operating standards:
(1)
No registered caregiver retail store is permitted to utilize or provide
a drive-up service window.
(2)
Hours of operation may be established by the Selectboard, but in
no event shall a registered caregiver retail store be open to the
public, and no sale or other distribution of marijuana shall occur
upon the premises or via delivery from the premises between the hours
of 8:00 p.m. and 8:00 a.m.
(3)
No registered caregiver retail store shall have a gross floor area
open to the public in excess of 1,500 square feet.
(4)
No outside storage is permitted for a registered caregiver retail
store.
(5)
Outdoor cultivation of marijuana is prohibited.
(6)
Registered caregiver retail stores shall provide odor control measures
so that odor generated on site is mitigated at the property line of
the lot containing the registered caregiver retail store. Applications
must demonstrate appropriate measures, such as carbon filtration,
ventilation and exhaust systems, facility plans or other additional
practices adequate to mitigate odors for the scale of operations for
the uses proposed.
E.
Advertising/signage:
(1)
Only one on-site sign per registered caregiver retail store is allowed.
(2)
Maximum size for all signage shall be 75 square feet, or as permitted by § 225-33, whichever is less.
(3)
Any signage is limited to displaying the following information: name
of business; logogram of business; and business' address, hours of
operation and contact information. Other than the foregoing information,
no advertising for marijuana or marijuana products shall be displayed
on any sign in a publicly visible location.
(4)
Portable signs or sandwich board signs located in the public right-of-way
are prohibited.
(5)
Electronic message center and internally illuminated signs are prohibited.
(6)
Marijuana plants, products, and paraphernalia shall not be visible
from outside the building in which the registered caregiver retail
store is located.
Licenses issued under this article are not transferable. Any
change in ownership or change in the officers of an owner shall require
a new license. Licenses are limited to the location for which they
are issued and shall not be transferable to a different location.
A licensee who seeks to operate in a new location shall acquire a
new license for that location.
Any appeal of a decision of the Town Selectboard shall be to
the Superior Court, in accordance with the requirements of Rule 80B
of the Maine Rules of Civil Procedure.
The operation of any registered caregiver retail store without the required License or in violation of the requirements of this article shall be a violation of this article. Violations shall be subject to fines and/or penalties under 30-A M.R.S.A. § 4452. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of § 150-13 of this chapter. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.
The provisions of this article are severable, and if any provision
shall be declared to be invalid or void, the remaining provisions
shall not be affected and shall remain in full force and effect.
Except as otherwise specifically provided herein, this article
incorporates by reference the requirements and procedures set forth
in the Maine Medical Use of Marijuana Act, 22 M.R.S.A. § 2421
et seq., as may be amended. In the event of a conflict between the
provisions of this article and the provisions of applicable state
or local law or regulation, the more restrictive provision shall control.
This article shall take effect at a date to be determined by
the Board of Selectmen, but no later than January 1, 2020.
