[HISTORY: Adopted by the Town Meeting of the Town of Swansea as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-2015 ATM by Art. 39 (Ch. 3, § 3-3, of the 1988 Revised General Bylaws)]
No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) while in or upon any street, sidewalk, public way, including any person, in a motor vehicle while it is in, on or upon any public way or any way to which the public has a right of access within the limits of the Town of Swansea, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town, or in or upon any bus or other passenger conveyance operated by a common carrier or regional transit authority within the Town, or in any place to which the public has a right of access.
Violation of this article is punishable by a fine of $300. Payment shall be enforceable through indictment or on complaint before a district court. Any penalty imposed under this Bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.
[Adopted 5-21-2018 ATM by Art. 43 (Ch. 8, Art. IV, of the 1988 Revised General Bylaws)]
MGL c. 94G does not require a ballot vote of the voters to approve any limitation on the number of recreational marijuana establishments that is at or above the number of medical marijuana treatment centers registered to operate in the municipality, or equal to or greater than 20% of the licenses issued for the retail sale of alcoholic beverages not to be drunk on the premises. Currently there are nine licenses issued for the retail sale of alcoholic beverages not to be drunk on the premises in Swansea.
The number of Recreational Marijuana Retailers (RMR's) that shall be permitted in Swansea is limited to 20% of the number of licenses issued within the Town under MGL c. 138, § 15 for the retail sale of alcoholic beverages not to be drunk on the premises where sold.