[HISTORY: Adopted by the Town of Bethel as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2019; amended in its entirety 6-12-2024 ATM by Art. 11]
The purpose of this article is to regulate the permitting and operation of cannabis establishments within the Town of Bethel, as authorized by the Cannabis Legalization Act, 28-B M.R.S.A. § 101 et seq., and the Maine Medical Use of Cannabis Act, 22 M.R.S.A. § 2421 et seq., including all regulations or amendments thereto. The Town reserves the right for additional siting and permit requirements pursuant to Municipal Home Rule Authority and Title 30-A M.R.S.A. § 3001 et seq.
As used in this article, the following terms shall have the meanings indicated:
ADULT USE CANNABIS CULTIVATION FACILITY
A facility licensed by the State of Maine to purchase cannabis plants and seeds from other cultivation facilities; to cultivate, prepare and package adult use cannabis; to sell adult use cannabis to products manufacturing facilities, to cannabis stores and to other cultivation facilities; and to sell cannabis plants and seeds to other cultivation facilities and immature cannabis plants and seedlings to cannabis stores.
ADULT USE CANNABIS MANUFACTURING FACILITY
A facility licensed by the State of Maine to produce, blend, infuse, compound or otherwise prepare cannabis and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or testing.
ADULT USE CANNABIS RETAIL STORE
A facility licensed by the State of Maine to purchase adult use cannabis, immature cannabis plants and seedlings from a cultivation facility, to purchase adult use cannabis and adult use cannabis products from a products manufacturing facility and to sell adult use cannabis, adult use cannabis products, immature cannabis plants and seedlings to consumers.
ADULT USE CANNABIS TESTING FACILITY
A facility licensed by the State of Maine to develop, research and test cannabis, cannabis products and other substances.
CANNABIS ESTABLISHMENT
An adult use cannabis cultivation facility, adult use cannabis manufacturing facility, adult use cannabis retail store, adult use cannabis testing facility, medical cannabis caregiver retail store, medical cannabis cultivation facility, medical cannabis dispensary, medical cannabis manufacturing facility, or medical cannabis testing facility.
LICENSE
A license issued by the State of Maine to operate a cannabis establishment.
MEDICAL CANNABIS CAREGIVER RETAIL STORE
A storefront operated by a licensed medical cannabis caregiver, which is operated in a facility separate from her/his personal address for the purpose of selling medical cannabis and related products to qualifying patients.
MEDICAL CANNABIS CULTIVATION FACILITY
A facility licensed to cultivate, prepare, and package medical cannabis at a location that is not the residence of the registered caregiver or qualifying patient.
MEDICAL CANNABIS DISPENSARY
A dispensary authorized under state law to cultivate and dispense medical cannabis to qualifying patients and caregivers.
MEDICAL CANNABIS MANUFACTURING FACILITY
A facility licensed by the State of Maine to produce, blend, infuse, compound, or otherwise prepare cannabis and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or testing.
MEDICAL CANNABIS TESTING FACILITY
A public or private laboratory authorized under state law to test medical cannabis for contamination, potency or cannabinoid profile.
PERMIT
A document issued by the Town officially authorizing an applicant to operate a cannabis establishment.
TOWN
Town of Bethel,
A. 
Planning Board review. The Bethel Planning Board shall review all applications for building permits for the construction of a new cannabis establishment or permission for the change of use of an existing building to a cannabis establishment.
B. 
Buffer strip. The Planning Board may require a buffer strip of a minimum of 75 feet and up to 150 feet between an adult use cannabis manufacturing facility or medical cannabis manufacturing facility and abutting land where the Planning Board deems that separation is desirable. The developer shall notify prospective buyers of the existence of these adjacent activities by noting them on recorded plans.
C. 
The Planning Board shall consider compliance with all state regulations and all requirements of the Office of the State Fire Marshal regarding inherently dangerous or hazardous substances. "Inherently hazardous substance" means a liquid chemical; a compressed gas; carbon dioxide; or commercial product that has a flash point at or lower than 38° C. or 100° F., including, but not limited to, butane, propane and diethyl ether. "Inherently hazardous substance" includes any form of alcohol or ethanol.
D. 
The Planning Board shall consider the proper and environmentally safe disposal of all manufacturing by-products. "Cannabis manufacturing by-products" means water and other wastes generated by any manufacturing process.
E. 
Signage. All signage shall meet the requirements of Chapter 136, Signs, of the Town Code and the State of Maine rules regarding advertising of cannabis establishments.
F. 
Security. Security requirements for a cannabis establishment shall include:
(1) 
Lockable doors and windows to include intrusion alarms with audible notification components sending notification directly to the owner or through a second party to the Oxford County Sheriff's Department or other Maine law enforcement agency.
(2) 
Video surveillance capable of covering the exterior of the facility, interior, and all plants cultivated within the facility. The video surveillance system shall be operated with continuous recording 24 hours per day, seven days per week, and such records of surveillance shall be retained for a minimum duration of 30 days. Such records shall be made available to law enforcement agencies when investigating a criminal complaint.
(3) 
Exterior lighting in compliance with Town ordinance.
(4) 
Security requirements for outdoor growing facilities shall meet the state requirements for fencing and security.
G. 
Permanent location. Each cannabis establishment shall be operated from a permanent location. No cannabis establishment shall be permitted to operate from a movable, mobile, or transitory location.
H. 
Ventilation. Any indoor operation of a cannabis establishment shall meet the minimum state requirements for ventilation.
I. 
Odors. The applicant must submit an odor control plan. The Planning Board will review the plan for compliance with any State of Maine regulations as well as the odor standards in the Chapter 140, Site Plan Review, § 140-8.1B(25).
A. 
Any person operating a cannabis establishment within the Town must obtain a permit, which shall be reviewed pursuant to the requirements set forth in this article and state laws and regulations. Issuance of a conditional license by the state for an adult use cannabis establishment or registry identification card by the state for a medical cannabis establishment shall be considered evidence of compliance with state requirements.
B. 
All permits for cannabis establishments shall require review and approval by the Bethel Town Select Board. The Select Board will only consider applications which have received a conditional license (for adult use cannabis establishments) or registry identification card (for medical cannabis establishments) from the State of Maine.
C. 
Permits are valid for one year.
D. 
Permits will only be issued for a cannabis establishment that is located no less than 1,000 feet from the property line of a preexisting private or public school, state-licensed day-care center, public athletic field, public park, playground or recreational facilities.
E. 
Permits shall be kept current at all times.
F. 
The applicant must be at least 21 years of age.
G. 
Permits shall be posted in a conspicuous location at the cannabis establishment.
H. 
Cannabis establishment permits are not transferable.
I. 
Upon receipt of an application for a new permit or renewal, the Town Selectmen shall review the application for approval within 45 days of receipt of the completed application.
J. 
Incomplete, false or misleading applications will not be processed.
K. 
No adult use cannabis establishment shall begin operations until the permittee receives an active license for the facility by the State of Maine.
L. 
Initial and renewal permit fees charged under this article will be in accordance with the Town of Bethel Fee Schedule. All fees are nonrefundable and due upon receipt of the approved application.
A person seeking a permit or renewal of a permit issued pursuant to this article shall submit an application to the Town Clerk on approved forms provided by the Town. Pursuant to 28-B M.R.S.A. § 402, an applicant seeking to operate an adult use cannabis establishment may not submit an application for a license unless the applicant has been issued a conditional license by the State of Maine to operate the cannabis establishment.
A. 
The applicant shall present one of the following forms of identification upon submission of an application to operate a cannabis establishment:
(1) 
A valid motor vehicle operator's license.
(2) 
A current identification card.
(3) 
A United States military identification card.
(4) 
A valid passport or Nexus card.
B. 
The applicant shall provide the following information for all persons having a 10% financial interest or more in the cannabis establishment:
(1) 
Name, address, and date of birth.
(2) 
Acknowledgment and consent that the State of Maine has conducted a background investigation, including a criminal history check.
C. 
The applicant shall provide sufficient documentation to demonstrate ownership of the proposed permitted premises or possession or entitlement to possession of the premises pursuant to a lease, rental agreement, or other arrangement.
A. 
After notice and hearing, the Select Board may suspend, revoke, or refuse to renew a permit for a cannabis establishment for failing to comply with this article and/or state laws or regulations.
B. 
In suspending, revoking, or refusing to renew a permit for a cannabis establishment, the Select Board may take into consideration:
(1) 
The number and types of complaints law enforcement received, investigated, and substantiated.
(2) 
Failing to correct or abate any violation that the Code Enforcement Officer is authorized to enforce.
Any licensee who has requested a permit and has been denied, or whose permit has been revoked or suspended, may, within 30 days of the denial, suspension, or revocation, appeal the decision to the Town of Bethel Board of Appeals. The Board of Appeals may grant or reinstate the permit if it finds that the denial, revocation, or suspension was arbitrary or capricious, or that the denial, revocation, or suspension was not based on sufficient evidence or on a violation of any ordinance, article, bylaw, or rule or regulation of the Town of Bethel.
Every operator of a cannabis establishment shall allow law enforcement and code enforcement officers to enter the premises at reasonable times for the purpose of investigating compliance with this article.
A. 
By accepting a permit issued pursuant to this article, the permittee waives and releases the Town, its officers, elected officials, employees, attorneys, and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of any cannabis establishment owners, operators, employees, clients or customers for a violation of local, state or federal laws, rules or regulations.
B. 
By accepting a permit issued pursuant to this article, all permittees, jointly and severally if more than one, agree to indemnify, defend and hold harmless the Town, its officers, elected officials, employees, attorneys, agents, and insurers against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of a permitted cannabis establishment.
In the event the State of Maine adopts any additional or stricter laws or regulations governing cannabis establishments, compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any permit under this article. Furthermore, any noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any permit issued hereunder.
This article may be amended by the Town after proper notice and Town Meeting. Amendments shall take effect seven days after passed by Town vote and remain in effect until further amended or repealed.
A. 
This article shall be enforced by the municipal officers or their designee.
B. 
Violations of this article shall be subject to the enforcement and penalty provisions of 30-A M.R.S.A. § 4452.
If any provision of this article is determined invalid by a court of competent jurisdiction, such determination shall not render invalid the remaining portions of the article.
For the purposes of permitting a cannabis establishment, this article becomes effective immediately upon approval by Town vote.