[Adopted 6-11-2019]
The purpose of this article is to regulate the permitting and
operation of medical marijuana manufacturing facilities within the
Town of Bethel, as authorized by the Maine Medical Use of Marijuana
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:
A license issued by the State of Maine to operate a medical
marijuana manufacturing facility.
A facility licensed by the State of Maine to produce, blend,
infuse, compound or otherwise prepare marijuana and marijuana products,
including but not limited to, marijuana extraction or preparation
by means of chemical synthesis. Manufacturing or manufacture does
not include cultivation or testing.
A document issued by the Town officially authorizing an applicant
to operate a medical marijuana manufacturing 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 new medical
marijuana manufacturing facilities or permission for the change of
use of an existing building to a medical marijuana manufacturing facility.
(1)
Buffer strip. The Planning Board may require a buffer strip of a
minimum of 75 feet and up to 150 feet between a marijuana 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.
(2)
"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. The Planning Board will consider
compliance with all state regulations regarding these materials and
all requirements the Office of the State Fire Marshal.
(3)
"Marijuana manufacturing by-products" means water and other wastes
generated by any manufacturing process. The Planning Board will consider
the proper and environmentally safe disposal of all manufacturing
by-products.
C.
Security. Security requirements for a medical marijuana manufacturing
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 requirements for outdoor growing facilities shall meet the
state requirements for fencing and security.
D.
Permanent location. Each manufacturing facility shall be operated
from a permanent location. No manufacturing facility shall be permitted
to operate from a movable, mobile, or transitory location.
E.
Ventilation. Any manufacturing facility shall meet the minimum state
requirements for ventilation.
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 a medical manufacturing 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
manufacturing facility.
A.
The applicant shall present one of the following forms of identification
upon submission of an application to operate a manufacturing facility:
B.
The applicant shall provide the following information for all persons
having a ten-percent financial interest or more in the manufacturing
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 a medical marijuana manufacturing 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 a medical marijuana manufacturing facility shall
require review and approval by the Bethel Town Selectmen.
C.
Permits are valid for one year.
D.
Permits will only be issued for a medical marijuana manufacturing
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, park, playground or recreational facility.
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 medical
marijuana manufacturing facility.
I.
Medical marijuana manufacturing 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.
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 a medical marijuana manufacturing facility for failing to comply
with this article and Title 28-B.
B.
In suspending, revoking or refusing to renew a permit for a medical
marijuana manufacturing 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 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 comply with Title 28-B,
including all regulations or amendments thereto.
Every medical marijuana manufacturing facility shall allow law
enforcement and code enforcement officers to enter the premises at
reasonable times for 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 medical marijuana manufacturing 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 medical marijuana manufacturing facility.
In the event the State of Maine adopts any additional or stricter
laws or regulations governing a medical manufacturing facility, 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 a medical manufacturing facility,
this article becomes effective immediately upon approval by Town vote.
