[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.
A.
CANNABIS CONTROL COMMISSION — The Massachusetts Cannabis Control
Commission.
B.
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.
C.
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.
D.
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).
E.
MANUFACTURE — To compound, blend, extract, infuse or otherwise
make or prepare a marijuana product.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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).
P.
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.
Q.
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).
R.
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.
A.
The name and address of the business entity;
B.
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;
C.
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;
D.
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.
[Amended 6-15-2021 ATM, Art. 20]
The Select Board 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 Select Board 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:
A.
General.
(1)
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).
(2)
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 Select
Board. 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.
[Amended 6-15-2021 ATM, Art. 20]
(3)
Before completion of Host Community Agreement negotiations, the Select
Board 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 Select Board. A tie of the voting
members shall constitute a failed vote.
[Amended 6-15-2021 ATM, Art. 20]
(4)
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 Select Board license
pending hearing or the opportunity therefor afforded to the marijuana
establishment.
[Amended 6-15-2021 ATM, Art. 20]
(5)
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.
(6)
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.
B.
Operational requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
No marijuana establishment shall allow any person under 21 years
of age to volunteer or work for the marijuana establishment.
(5)
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.
(6)
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.
(7)
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.
(9)
Marijuana establishments shall comply with 527 CMR and with Chapter
38 of the NFPA 1 (2018), as they may be amended, and as applicable.
(10)
Marijuana retailers are required to engage in patron age verification
using legally acceptable proof of age in compliance with 935 CMR 500.140(2).
(11)
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.
(12)
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.
(13)
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.
(14)
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.
(15)
Marijuana establishment odor requirements.
(a)
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.
(b)
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 Select Board will investigate complaints as
they deem appropriate and follow up with the business owner regarding
all complaints received. The Select Board may involve outside agencies
as they see appropriate in odor investigations.
[Amended 6-15-2021 ATM, Art. 20]
C.
Security-specific requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
D.
Access to premises and information/reporting/recordkeeping.
(1)
Marijuana establishments shall consent to unannounced, unscheduled,
periodic inspections of its premises agents of the Select Board 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.
[Amended 6-15-2021 ATM, Art. 20]
(2)
Marijuana establishments shall cooperate and comply with requests
for information made by the Select Board and its agents from the Planning,
Building, Health, Police, Fire and Public Works Departments.
[Amended 6-15-2021 ATM, Art. 20]
(3)
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.
[Amended 6-15-2021 ATM, Art. 20]
A.
No person shall operate a marijuana establishment or sell marijuana
within the Town unless licensed to do so by the Select Board. Unless
the Select Board 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 Select Board
license shall constitute a separate violation.
B.
A Select Board 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 Select Board'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.
C.
The Select Board may issue regulations for the implementation of
this bylaw.
D.
The Select Board shall specify the process and forms to be used by
applicants for new and renewed licenses.
E.
The Select Board may institute a fee schedule for the issuance of
new and renewed licenses.
F.
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 Select Board until it is fully complete. Annual license fees
shall be payable immediately upon approval of the license by the Select
Board. License fees shall not be prorated and are not refundable.
Application and license fees shall be in an amount established by
the Select Board pursuant to MGL c. 40, § 22F.
G.
No Select Board licensee may transfer a license to another person
or entity, or transfer the license or operations to another location,
without Select Board approval. A Select Board licensee must notify
the Select Board 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.
H.
The Select Board licensee shall display its license on the premises
in a conspicuous place where it can be easily read.
I.
The Select Board 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.
J.
The Select Board 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.
