[HISTORY: Adopted by the Town Meeting of the Town of Barre 6-18-2019 ATM, Art. 26. Amendments noted where applicable.]
The intent of this chapter is to permit marijuana establishments to operate pursuant to local requirements to ensure safe and appropriate implementation of Chapter 334 of the Acts of 2016 (Question #4 on the November 8, 2016 ballot), legalizing recreational marijuana, within the community. If any provisions of this chapter shall be held to be invalid, those provisions shall be severable and the remaining sections shall be valid.
See also Massachusetts General Laws Chapter 94G, Section 1, Chapter 941, Section 1, and the regulations promulgated thereunder, as they may be amended. In the event of a conflict between the following definitions and those contained in the foregoing state laws and regulations, the definitions contained in the foregoing state laws and regulations shall govern.
CANNABIS CONTROL COMMISSION — The Massachusetts Cannabis Control Commission.
DELIVERY-ONLY MARIJUANA RETAILER — A marijuana retailer that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility, or marijuana micro-business.
HEMP — The plant of the genus cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus cannabis, or per volume or weight of marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
HOST COMMUNITY AGREEMENT — Agreement between the Town and marijuana establishment which shall include, but not be limited to, all stipulations of responsibilities between the host community and the marijuana establishment or a medical marijuana treatment center in accordance with MGL c. 94G, § 3(d).
MANUFACTURE — To compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANA — All parts of any plant of the genus cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in Section 1 of Chapter 94C; provided, however, that "marijuana" shall not include (1) the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture or preparation of the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) hemp; or (3) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. Marijuana also includes marijuana products except where the context clearly indicates otherwise.
MARIJUANA CULTIVATOR — An entity licensed by the Cannabis Control Commission to cultivate, process, and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA ESTABLISHMENT — A marijuana retailer, marijuana product manufacturer, marijuana cultivator, marijuana independent testing laboratory, or any other type of Cannabis Control Commission-licensed marijuana-related business or entity.
MARIJUANA ESTABLISHMENT AGENT — A board member, director, employee, executive, manager, or volunteer of a marijuana establishment, who is 21 years of age or older. Employee includes a consultant who provides on-site services to a marijuana establishment related to the cultivation, harvesting, preparation, packaging, storage, testing, or dispensing of marijuana.
MARIJUANA INDEPENDENT TESTING LABORATORY — An entity licensed by the Cannabis Control Commission that is (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement or that is otherwise approved by the Cannabis Control Commission; (ii) independent financially from any medical marijuana treatment center or any Cannabis Control Commission licensee or marijuana establishment of which it conducts a test; and (iii) qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
MARIJUANA PRODUCT MANUFACTURER — An entity licensed by the Cannabis Control Commission to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTS — Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILER — An entity licensed by the Cannabis Control Commission to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MEDICAL MARIJUANA TREATMENT CENTER — An entity that acquires, cultivates, possesses, processes (including development of related products such as edible marijuana-infused products, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal care givers for medical use.
MIXED USE SOCIAL CONSUMPTION MARIJUANA RETAILER — A marijuana retailer that is in possession of a Cannabis Control Commission Mixed Use Social Consumption Marijuana Retailer License (as may be further provided by 935 CMR, any commercial enterprise for which 50% or less of average monthly revenue shall be derived from the sale of marijuana products to be consumed on the premises).
SOCIAL CONSUMPTION MARIJUANA RETAILER — A marijuana retailer licensed by the Cannabis Control Commission to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana and marijuana products on its premises only.
PRIMARY USE SOCIAL CONSUMPTION MARIJUANA RETAILER — A marijuana retailer that is in possession of a Cannabis Control Commission Primary Use Social Consumption Marijuana Retailer License (as may be further provided by 935 CMR, any commercial enterprise for which 51% or more of average monthly revenue shall be derived from the sale of marijuana products to be consumed on the premises).
STOREFRONT MARIJUANA RETAILER — A marijuana retailer providing a retail location accessible to consumers 21 years of age or older or in possession of a registration card demonstrating that the individual is a registered qualifying patient with the Massachusetts Medical Use of Marijuana Program.
The name and address of the business entity;
Copies of all documentation demonstrating appropriate application status under state law, or registration or license, issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;
Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
A notarized statement signed by the organization's Chief Executive Officer disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all individual persons associated with the entity as set forth above.
The Board of Selectmen shall not issue more marijuana retailer licenses than the number that is 20% of the number of liquor licenses for off-premises alcohol consumption that have been issued by the Board of Selectmen pursuant to MGL c. 138, § 15, as rounded up to the nearest whole number in the event the number is a fraction.
Marijuana establishments shall comply with the following requirements:
Marijuana establishments shall comply with applicable state and local laws, regulations, bylaws, codes, conditions and agreements with the Town, including, but not limited to, MGL c. 94G, MGL c. 94I, 935 CMR 500, the Town of Barre's General Bylaws, the Town of Barre's Zoning Bylaws, all applicable Town building, fire prevention, police, and health codes, regulations and standards, any conditions imposed on licenses and permits held by the marijuana establishment (including, but not limited to, the Town's Zoning Board of Appeals special permit).
Marijuana establishments shall execute and maintain a Host Community Agreement with the Town which shall include the conditions for having the marijuana establishment within the Town in conformity with applicable law and as per the policies and procedures established by the Board of Selectmen. As part of the Host Community Agreement, the Board may consider impacts related to proximity to a public library; playground or park; youth center; daycare/childcare facility; public swimming area or pool; residential dwellings or group homes; or structure used for religious purposes.
Before completion of Host Community Agreement negotiations, the Board of Selectmen shall hold two joint public hearings on the proposed agreement. At minimum, 14 days prior to the first public hearing, the applicant shall erect a three-foot-high by four-foot-wide sign clearly visible from the right-of-way, no more than 25 feet from the legal frontage stating the name of the proposed business, type of license being sought, and location where information related to the project may be found. Following the two public hearings, the Host Community Agreement shall be adopted by a majority vote of the Board of Selectmen. A tie of the voting members shall constitute a failed vote.
Marijuana establishments shall maintain all permits and licenses required by state and local laws, including, but not limited to, a valid, current license in good standing from the Cannabis Control Commission. Any voiding of the Cannabis Control Commission's license by operation of law (including due to cessation of operations, failure to become operational within the permitted time, or relocation without Cannabis Control Commission approval), and any revocation or suspension of the marijuana establishment's Cannabis Control Commission license, shall result in an automatic suspension of the Board of Selectmen license pending hearing or the opportunity therefor afforded to the marijuana establishment.
All taxes and charges owed to the Town must be paid on a current basis. The Town may place a lien on the property of any person who has an outstanding balance due the Town from any fee, charge or tax, which balance is at least six months past due.
Any marijuana establishment wishing to temporarily close, either voluntarily or as required by law, must submit to the BOS a written request, within 30 days of closing, stating the reason for, and the length of, such closing or inactivity. Failure to provide such notice may result in the cancellation of the marijuana establishment license and revocation of the HCA. Additionally, closings of six months or longer may result in the BOS, at their sole discretion, revoking the license and HCA of the closed entity. Consideration for the seasonal nature of outdoor cultivation will be made.
All marijuana retail, processing and/or manufacturing establishments' licensed operations shall be conducted within a building or fixed structure. Marijuana cultivation establishments' operations may be licensed for indoor or outdoor operations in accordance with MGL c. 94G, MGL c. 94I, 935 CMR 500, the Town of Barre's General Bylaws and the Town of Barre's Zoning Bylaws.
No marijuana establishment shall allow cultivation, processing, manufacture, sale or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft or other optical aids.
Marijuana establishments may cultivate, process, test, store and manufacture marijuana or marijuana products only within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the marijuana establishment to access the area.
No marijuana establishment shall allow any person under 21 years of age to volunteer or work for the marijuana establishment.
The hours of operation of marijuana establishments shall be set in the Host Community Agreement. The licensee shall not change its hours of operation without Board approval.
Marijuana establishments shall ensure that their hours and methods of transportation of product shall not be a detriment to the surrounding area and nearby uses.
Marijuana establishments shall equip the premises and otherwise conduct their operations in such a manner that pesticides or other chemicals or products will be applied by a state licensed applicator.
Marijuana establishments shall comply with 527 CMR and with Chapter 38 of the NFPA 1 (2018), as they may be amended, and as applicable.
Marijuana retailers are required to engage in patron age verification using legally acceptable proof of age in compliance with 935 CMR 500.140(2).
Marijuana retailers shall not sell or offer for sale marijuana or marijuana products in a quantity that exceeds the limits established by 935 CMR 500.
Marijuana establishments shall not supply marijuana or marijuana products free of charge or in connection with a commercial or promotional endeavor within the Town of Barre. Such endeavors include, but are not limited to, product "giveaways," use of gift cards, distribution of marijuana or marijuana products as an incentive, prize or bonus in a game, contest or tournament involving skill or chance.
Marijuana retailers are prohibited from use of on-site self-service displays. Self-service displays are defined to mean displays from which customers may select marijuana or marijuana products without assistance from an employee or store personnel, and include vending machines.
Smoking and/or consumption of marijuana in the interior or exterior of the premises is not permitted. Social consumption marijuana retailers are banned in the Town of Barre in accordance with Town of Barre Bylaws Chapter 66.
Marijuana establishment odor requirements.
Indoor marijuana establishments shall be ventilated in such a manner that no odor from marijuana or its processing can be detected by a person with an unimpaired or otherwise normal sense of smell at the exterior of the facility or at any adjoining use or property.
Cannabis outdoor cultivators will implement industry best practices to eliminate any noticeable trace cannabis odor at the property boundaries of the cultivation site. Adjacent abutters may file a written odor complaint if odor is detected beyond the property boundary of the cultivation site. The Board of Selectmen will investigate complaints as they deem appropriate and follow up with the business owner regarding all complaints received. The Board of Selectmen may involve outside agencies as they see appropriate in odor investigations.
Marijuana establishments shall maintain compliance with any Town Police Department-approved security and public safety plan as the Police Department may require; the plan may include measures relating to alarms, fencing, gates, limited access areas, delivery procedures, police details, specification of video and lighting locations, notifications to the Police Department in the event of any known or suspected violation of criminal law that has taken place on or near the location of the establishment (related or unrelated to the business or the establishments), a requirement to connect an alarm system to a third-party monitoring system and to notify the Town's Chief of Police about said third-party monitoring system, and any other notifications and security-related measures as may be required by the Police Department.
Marijuana establishments shall secure every entrance to the marijuana establishment so that access to areas containing marijuana is restricted to employees and others permitted by the marijuana establishment to access the area and to agents of the Cannabis Control Commission or state and local law enforcement officers and emergency personnel.
Marijuana establishments shall secure their inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana products and marijuana accessories.
Marijuana establishments shall file an emergency response plan with the Town's Fire, Police and Health Departments and share with these departments their security plan and procedures and any updates to them in the event they are modified.
Access to premises and information/reporting/recordkeeping.
Marijuana establishments shall consent to unannounced, unscheduled, periodic inspections of its premises agents of the Board of Selectmen from the Building, Health, and Fire Departments on weekdays during normal business hours to determine the marijuana establishment's compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section. In addition, routine inspections may be made on weekdays during regular Town business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected noncompliance issues. Inspections may include all areas occupied, used or controlled by the marijuana establishment. Facilities requiring re-inspection are subject to applicable re-inspection fees. Inspections shall be conducted in conformity with applicable federal, state and local law.
Marijuana establishments shall cooperate and comply with requests for information made by the Board of Selectmen and its agents from the Planning, Building, Health, Police, Fire and Public Works Departments.
Within 24 hours of receipt of notice of it, a marijuana establishment shall file with the Town Administrator, Board of Health and the Building Commissioner any cease-and-desist order, quarantine order, suspension order, revocation order, order limiting sales, deficiency statement, plan of correction, notice of a hearing, notice of any other administrative process or legal action, denial of a license, denial of a renewal of a license, or final action issued by a state or federal agency [including, but not limited to, the Cannabis Control Commission and Massachusetts Department of Public Health (DPH)] regarding the marijuana establishment, the Cannabis Control Commission license, the DPH Certificate of Registration, or Drug Enforcement Agency.
No person shall operate a marijuana establishment or sell marijuana within the Town unless licensed to do so by the Board of Selectmen. Unless the Board of Selectmen license states a different duration, a marijuana establishment license shall be valid for a term of one year from the first day of January. Each day of operation without a Board of Selectmen license shall constitute a separate violation.
A Board of Selectmen license shall be subject to the marijuana establishment's compliance with this chapter and with any conditions placed on the marijuana establishment's license. An applicant's or licensee's violation of this chapter and applicable state and local law shall be good cause for and may result in the Board of Selectmen's denial of an application or sanction of a license to the extent permitted by law, including, but not limited to, the imposition of additional conditions on a license, a reduction or modification of the licensee's approved hours of operations, or a suspension, nonrenewal, revocation, forfeiture, or cancellation of a license. No sanction shall be made except after notice and opportunity for hearing.
The Board of Selectmen may issue regulations for the implementation of this bylaw.
The Board of Selectmen shall specify the process and forms to be used by applicants for new and renewed licenses.
The Board of Selectmen may institute a fee schedule for the issuance of new and renewed licenses.
All license applications must contain complete and truthful information. Submission of an application containing false information may be cause for refusing the application or for suspending, canceling or revoking a license already granted. No application will be accepted for filing by the Board of Selectmen until it is fully complete. Annual license fees shall be payable immediately upon approval of the license by the Board of Selectmen. License fees shall not be prorated and are not refundable. Application and license fees shall be in an amount established by the Board of Selectmen pursuant to MGL c. 40, § 22F.
No Board of Selectmen licensee may transfer a license to another person or entity, or transfer the license or operations to another location, without Board of Selectmen approval. A Board of Selectmen licensee must notify the Board of Selectmen of a change to or addition of Board member, executive, director and/or managers. Any transfer shall be subject to the terms and conditions of the original license, unless otherwise stipulated by the Board.
The Board of Selectmen licensee shall display its license on the premises in a conspicuous place where it can be easily read.
The Board of Selectmen or its designee may inspect a marijuana establishment and affiliated vehicles prior to the issuance of a marijuana establishment license or renewal of a license.
The Board of Selectmen may, to the extent permitted under applicable law, consider whether an applicant for a license is a suitable and responsible license candidate and other aspects of the application as may be necessary to implement the purposes of this bylaw. An applicant's noncompliance with applicable Massachusetts laws and regulations (including 935 CMR 500), Town Bylaws (including this chapter and applicable sections of the Town's Zoning Bylaw), Town regulations and codes, and any conditions on a license may be cause for denial of an application for a new or renewed marijuana establishment license.
Any person violating this bylaw shall be fined in the amount of $300 for each violation. Each day of a continuing violation shall count as a separate violation.
This bylaw shall not be implemented in a manner that conflicts or interferes with the Massachusetts General Laws Chapter 94G or Chapter 941, or with the regulations promulgated thereunder, including 935 CMR 500.