[Adopted 6-11-2019]
The purpose of this article is to regulate the permitting and
operation of adult use marijuana cultivation facilities within the
Town of Bethel, as authorized by the Marijuana Legalization Act, 28-B
M.R.S.A. § 101 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:
A facility licensed by the State of Maine to purchase marijuana
plants and seeds from other cultivation facilities; to cultivate,
prepare and package adult use marijuana; to sell adult use marijuana
to products manufacturing facilities, to marijuana stores and to other
cultivation facilities; and to sell marijuana plants and seeds to
other cultivation facilities and immature marijuana plants and seedlings
to marijuana stores.
A license issued by the State of Maine to operate an adult
use marijuana cultivation facility.
A document issued by the Town officially authorizing an applicant
to operate an adult use marijuana cultivation facility.
A person who is domiciled in the State of Maine.
Town of Bethel.
A.
Planning Board review. The Bethel Planning Board shall review all
applications for building permits for the construction of a new adult
use marijuana cultivation facility or permission for the change of
use of an existing building to a cultivation facility.
C.
Security. Security requirements for an adult use cultivation facility
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 requirement for outdoor growing facilities shall meet the
state requirements for fencing and security.
D.
Permanent location. Each cultivation facility shall be operated from
a permanent location. No cultivation facility shall be permitted to
operate from a movable, mobile, or transitory location.
E.
Ventilation. Any indoor operation of a cultivation facility shall
meet the minimum state requirements for ventilation.
F.
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 Bethel Site Plan Review Ordinance § 140-8.1B(25).
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 marijuana cultivation
facility 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 cultivation facility.
A.
The applicant shall present one of the following forms of identification
upon submission of an application to operate a cultivation facility:
B.
The applicant shall provide the following information for all persons
having a ten-percent financial interest or more in the cultivation
facility.
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.
Any person operating an adult use cultivation facility within the
Town must obtain a permit, which shall be reviewed pursuant to the
requirements set forth in this article, as well as the criteria and
regulations as set forth in Title 28-B, including all regulations
or amendments thereto. Issuance of a conditional license by the state
shall be considered evidence of compliance with state requirements.
B.
All permits for cultivation facilities shall require review and approval
by the Bethel Town Selectmen. The Select Board will only consider
applications which have received a conditional license from the State
of Maine.
C.
Permits are valid for one year.
D.
Permits will only be issued for a cultivation facility 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.
If the applicant is a natural person, the applicant must be a resident.
If the applicant is a business entity:
(1)
Every officer, director, manager and general partner of the business
entity must be a natural person who is a resident; and
(2)
A majority of the shares, membership interests, partnership interests
or other equity ownership interests as applicable to the business
entity must be held or owned by natural persons who are residents
or business entities whose owners are all natural persons who are
residents.
H.
Permits shall be posted in a conspicuous location at the cultivation
facility.
I.
Town permits are transferable as long as a location does not change
and all state and Town requirements are met.
J.
Adult use marijuana cultivation facility permits are not transferable.
K.
Upon receipt of an application for a new permit or renewal, the Town
Selectmen shall review the application for approval within 45 days
after receipt of the completed application.
L.
Incomplete, false or misleading applications will not be processed.
M.
No cultivation facility shall begin operations until the permittee
receives an active license for the testing facility by the State of
Maine.
N.
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.
After notice and hearing, the Board of Selectmen may suspend, revoke
or refuse to renew a permit for a cultivation facility for failing
to comply with this article and/or Title 28-B.
B.
In suspending, revoking or refusing to renew a permit for a cultivation
facility, the Board of Selectmen may take into consideration:
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.
Regulations pertaining to this article shall comply with Title
28-B, including all regulations or amendments thereto.
Every operator of a cultivation facility 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 cultivation facility 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 cultivation facility.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing adult use marijuana cultivation facilities,
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.
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 cultivation facility, this
article becomes effective immediately upon approval by Town vote.
