[Adopted 6-11-2019]
The purpose of this article is to regulate the permitting and
operation of adult use marijuana retail stores within the Town of
Bethel, as authorized by the Marijuana Legalization Act, Title 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 adult
use marijuana, immature marijuana plants and seedlings from a cultivation
facility, to purchase adult use marijuana and adult use marijuana
products from a products manufacturing facility and to sell adult
use marijuana, adult use marijuana products, immature marijuana plants
and seedlings to consumers.
A license issued by the State of Maine to operate an adult
use marijuana retail store.
A document issued by the Town officially authorizing an applicant
to operate an adult use marijuana retail store.
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 new adult
use marijuana retail stores or permission for the change of use of
an existing building to an adult use marijuana retail store.
C.
Security. Security requirements for an adult use marijuana retail
store 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.
D.
Permanent location. Each adult use marijuana retail store shall be
operated from a permanent location. No adult use marijuana retail
store shall be permitted to operate from a movable, mobile, or transitory
location.
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.
A.
The applicant shall present one of the following forms of identification
upon submission of an application to operate an adult use marijuana
retail store:
B.
The applicant shall provide the following information for all persons
having a ten-percent financial interest or more in the adult use marijuana
retail store.
Any person operating an adult use marijuana retail store within
the Town must obtain a permit, which shall be granted on the same
criteria and regulations as set forth in Title 28-B, including all
regulations or amendments thereto.
A.
Permits for an adult use marijuana retail store 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.
B.
Permits will only be issued for a retail store 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.
C.
Permits shall be kept current at all times.
D.
Permits are valid for one year.
E.
The applicant must be at least 21 years of age.
F.
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.
G.
Permits shall be posted in a conspicuous location at the adult use
marijuana retail store.
H.
Permits are valid for one year.
I.
Adult use marijuana retail store permits are not transferable.
J.
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.
K.
Incomplete, false or misleading applications will not be processed.
L.
The Town of Bethel will notify the State of Maine of its actions.
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.
The Board of Selectmen may suspend, revoke or refuse to renew a permit
for an adult use marijuana retail store for failing to comply with
this article and Title 28-B.
B.
In suspending, revoking or refusing to renew a permit for an adult
use marijuana retail store, 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 permitted activities would
not constitute a detriment to the public health, safety, or welfare
or that the denial, revocation, or suspension was arbitrary or capricious,
or that the denial, revocation, or suspension was not based on a preponderance
of the 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 adult use marijuana retail store shall allow law enforcement
and code enforcement officers to enter the premises at reasonable
times for the purpose of investigating compliance with this article
and Title 28-B.
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 adult use marijuana retail store 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 adult use marijuana retail store.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing an adult use marijuana retail store,
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 Board of Selectmen 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 an adult use marijuana retail
store, this article becomes effective immediately upon approval by
Town vote.
