[Added 6-18-2018 by Order No. 2018-094]
6.9.1. General. A bridge shall be defined as a structure built to span physical obstacles without closing the way underneath, such as a body of water, valley, or road, for the purpose of providing passage over the obstacle. Vehicular traffic shall be defined as any use which included transportation by machine that transports people or cargo.
6.9.2. Special permit. Any bridge, or portion of a bridge, to be constructed or reconstructed in the City of Quincy, to be utilized for vehicular traffic, shall require a special permit from the Planning Board.
6.9.3. Criteria. Criteria to be considered for issuance of a special permit for the construction or reconstruction of a bridge will be those outlined in Section 9.4, Special permits. The procedure to be followed for the special permit process will be that outlined in Section 9.4.2, Criteria.
[Added 6-17-2013 by Order No. 2013-061]
6.10.1. Purpose. It is the purpose of this section to establish specific standards and procedures for local zoning of registered marijuana dispensaries, medical marijuana infused products, manufacturers, and medical marijuana cultivation and distribution operations.
1. The provisions of this section have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to medical marijuana distribution or to other related matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors of such materials may have to sell or distribute such materials. Neither is it the purpose or intent of this section to legalize the sale, rental, or distribution of illicit or other illegal matter or materials.
6.10.2. Special Permit Granting Authority. For the purposes of this section, the Special Permit Granting Authority (SPGA) is designated to be the Zoning Board of Appeals.
6.10.3. General. Registered marijuana dispensaries may be authorized by special permit as set forth in the Table of Principal Uses. The following regulations shall apply to registered marijuana dispensaries as defined in this section. An urban renewal use is exempt from the provisions of Section 6.10. An application fee shall be required in an amount to be established by the Quincy City Council and said fee shall be submitted to the SPGA at the time of application to the SPGA.
6.10.4. Prohibition. No registered marijuana dispensaries special permit shall be issued to any person convicted of violating the provisions of M.G.L. c. 119, § 63, or M.G.L. c. 94C, or similar laws in other jurisdictions. Any applicant for permitting and licensure under this section must allow for a criminal background check which includes jurisdictions beyond Massachusetts.
6.10.5. Performance standards.
1. No registered marijuana dispensary, offsite cultivation location or any place of storage associated with a registered marijuana dispensary or medical marijuana infused products, manufacturing location allowed pursuant to 105 CMR 725 shall be located within 1,500 linear feet of:
a. Any Residential District as designated herein; or
b. Any school or child care establishment; or
c. Any other registered marijuana dispensary site; or
d. Any establishment licensed under the provisions of M.G.L. c. 138, § 12.
Distances shall be calculated by direct measurement from the nearest property line of the land used for school or child care purposes to the nearest portion of the building in which the medical marijuana dispensary is located, using a route of direct pedestrian access.
2. The cultivation of medical marijuana within the City of Quincy shall only occur on the same property as a registered marijuana dispensary that sells and dispenses medical marijuana to a qualified patient or personal caregiver with the exception of a hardship cultivation registration issued to a qualified patient or personal caregiver as defined under the terms of 105 CMR 725.035. A dispensary may operate without cultivation occurring on-site as long as the applicant can provide proof of an existing cultivation registration at another location.
3. Cultivation and storage of medical marijuana shall be in a secure, enclosed, locked area. Medical marijuana or products derived therefore shall not be visible from the street or other public areas.
4. An applicant must demonstrate compliance with the application requirements for the registration of registered marijuana dispensaries as set forth in the regulations promulgated by the Massachusetts Department of Public Health (or referred to herein as "DPH"), 105 CMR 725, including but not limited to written proof provided to the Special Permit Granting Authority that the applicant has registered with the DPH, a copy of each and every registration card issued by the DPH which shows the name, address and date of birth of each dispensary agent affiliated with the applicant. A registered marijuana dispensary applicant must also apply for local licensure to and be registered with the Quincy Board of Health on an initial and annually renewable basis. An initial and annually renewable fee shall be established by the Quincy City Council. Any locations approved within the City of Quincy are subject to inspection by Quincy Health Department personnel in the course of their official duties at all reasonable times. Failure to apply for, acquire and maintain local licensure shall be cause to deem a special permit for the registered marijuana dispensary as null and void.
5. A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the registered marijuana dispensary registration or license.
6. In the event that the DPH revokes, fails or refuses to issue a license or registration, a special permit issued by the City of Quincy for the medical marijuana dispensary shall be deemed null and void.
7. In the event that the DPH suspends the license or registration of a medical marijuana dispensary, the special permit shall be so suspended by the city until the matter is resolved to the satisfaction of the DPH.
8. A permit shall not issue until an applicant demonstrates compliance with all applicable state and federal regulations.
9. In the event a qualifying patient has received a medical marijuana registration card and has received a cultivation registration from the DPH, said qualifying patient shall submit written proof of such registration to and register with the Quincy Health Department. The location of said cultivation shall be provided to the Quincy Health Department and shall be subject to inspection by Quincy Health Department personnel in the course of their official duties at all reasonable times. Compliance with this provision does not require submission of medical documentation from the qualifying patient.
10. The individual names and identifying information shown on any registration card shall be exempt from the provisions of the Massachusetts Public Records Law, M.G.L. c. 66, § 10 and are not subject to further disclosure, except to employees of the DPH in the course of their official duties and to Massachusetts law enforcement officials when verifying a card holder's registration.
6.10.6. No entitlement or vested rights to permitting. No person shall be deemed to have any entitlement or vested right to permitting under this section by virtue of having received any prior license or permit from the City, including, by way of example only, any zoning permit, any wholesale food manufacturer's license. In order to lawfully engage in the business of selling, cultivating, or manufacturing medical marijuana in the City on and after the date of passage of this section, any person must qualify for and obtain a permit and licensure in accordance with the requirements of this section.
6.10.7. Conflict of laws. In the event of any conflict between the provisions of this section and any other applicable state or local law, the stricter provision, as deemed by the Zoning Administrator, shall control.
6.10.8. Off-site sales prohibited/delivery. All sales of medical marijuana by a registered marijuana dispensary shall occur only upon the licensed premises. Delivery of medical marijuana to a qualifying patient or to a personal caregiver for use by the qualifying patient may be allowed under the terms and conditions set forth in 105 CMR 725.025 and 725.110(E).
6.10.9. Signage. Any permitted registered marijuana dispensary site shall comply with the requirements of the City sign ordinances at all times. In addition, no registered marijuana dispensary shall use any advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors upon penalty of permit revocation.
6.10.10. Manufacturing. A local permit for medical marijuana infused product manufacturing may be issued in any location delineated under the terms of this ordinance with respect to the siting of registered marijuana dispensaries. Said medical marijuana infused product manufacturing shall also require registration with and licensing by the Quincy Health Department and be subject to inspection by Quincy Health Department personnel in the course of their official duties at all reasonable times. Fees for permit and license under this paragraph shall be established by the Quincy City Council.
6.10.11. Dispensing. Automatic or standalone dispensing, vending equipment or kiosks for the dispensing of any marijuana product are strictly prohibited under the terms of this ordinance.
6.10.12. Notification. Any new applications sought under this section must be publicly advertised for a period of no less than 14 days. Abutters within 400 feet must be notified in writing of said application, and include any and all dates for public hearings on said application.
[Added 12-2-2019 by Order No. 2018-027]
6.11.1. Purpose. It is the purpose of this section to establish specific standards and procedures for local zoning of marijuana establishments, which shall include marijuana cultivators, manufacturers, processors, testers and distributors, including retailers of marijuana and retailers of marijuana infused products. Marijuana establishments shall also include retail marijuana delivery services, social consumption marijuana retailers, or any type of marijuana-related business that has been duly licensed by the Cannabis Control Commission.
1. The provisions of this section are intended to impose reasonable safeguards on the operation of marijuana establishments, with neither the purpose nor intent to impose safeguards that are unreasonably impracticable. It is not the purpose or intent of this section to deny access by adults over the age of 21 to marijuana or marijuana product or accessory distribution, or to other related materials that are protected by the laws of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors of such materials may have to sell or distribute such materials. It is neither the purpose nor the intent of this section to legalize the sale, rental or distribution of illicit or illegal matter or materials. Neither is it the intent of the provisions of this section to impose a limitation on the content of any communicative matter or materials.
6.11.2. Special permit granting authority. For the purposes of this section, the Special Permit Granting Authority (SPGA) is designated to be the Zoning Board of Appeals.
6.11.3. General. Marijuana establishments may be locally authorized by special permit as set forth in the Table of Principle Uses. The following regulations shall apply to marijuana establishments as defined in M.G.L. Chapter 94G and section 6.11.1 of this section. An application fee shall be established in an amount to be set by the Quincy City Council and said fee shall be submitted by the applicant to the SPGA at the time of the application to the SPGA. Said fee shall be directly proportional and reasonably related to the administrative costs associated with processing, reviewing and evaluating said application.
6.11.4. Performance standards.
1. No marijuana establishment, as defined in M.G.L. Chapter 94G, shall be located within 1,500 linear feet of:
a. Any residential district as designated herein.
1A. No marijuana establishment, as defined in M.G.L. Chapter 94G, shall be located within 500 linear feet of:
a. Any preexisting elementary or secondary public or private school providing education in pre-school, kindergarten, or any of grades one through 12; or
b. Any other educational institution which enrolls students under the age of 21 years of age; or
c. Any public playground or any athletic field which serves youth under the age of 21 years; or
d. Any childcare or daycare center, or any other facility in which children commonly congregate; or
e. Any public facility which sponsors youth activities for youth under the age of 21 years; or
h. Any public transit center; or
j. Any public skating rink; or
k. Any establishment licensed under the provisions of M.G.L. Chapter
138, section 12.
Distances shall be calculated by direct measurement from the nearest property line of the land used for the purposes listed in the foregoing Subsections 1a and 1Aa through k to the nearest portion of the building in which the marijuana establishment is located, using a route of direct pedestrian access.
2. An applicant for a special permit for a marijuana establishment in the City of Quincy must demonstrate compliance with the application requirements as set forth in M.G.L. Chapter 94G. An application fee for a special permit shall be required. At least 60 days prior to execution by the Mayor the host community agreement shall be submitted to the City Council for review. No special permit shall issue unless a host community agreement between the applicant and the city's contracting authority, which shall be the Mayor, has been executed. Any such agreement between the city and a marijuana establishment shall include a community impact fee of up to 3% of gross sales payable by the marijuana establishment to the City for up to five years.
3. A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the marijuana establishment license.
4. In the event that the Cannabis Commission, established under Section 76 of M.G.L. Chapter 10, revokes, fails to issue, or refuses to issue a license for a marijuana establishment, a special permit issued by the City of Quincy for such establishment shall be null and void.
5. In the event that the Cannabis Commission suspends the license of a marijuana establishment, a special permit issued by the City of Quincy shall be similarly suspended by the City until the underlying cause of the suspension is resolved to the satisfaction of the Commission, and the City has been so advised.
6. A special permit shall not issue until an applicant demonstrates compliance with all applicable state regulations.
7. No special permit shall be granted to an applicant if issuance of such permit would cause there to be within the City a number of
marijuana retailers greater than 20% of the number of licenses issued under M.G.L. Chapter
138 within the City for the retail sale of alcoholic beverages not to be consumed on the premises.
8. A local sales tax of 3% of the total sales price received by a marijuana retailer shall be imposed, as authorized by M.G.L. Chapter 64N, § 3, upon the sale or transfer to anyone, other than a marijuana establishment, of any marijuana or marijuana products.
9. Licensed marijuana establishments which cultivate, manufacture or process marijuana and which present a public nuisance to the City or its inhabitants are subject to special permit revocation or suspension by the City.
10. Licensed marijuana establishments which sell marijuana or marijuana products to persons under the age of 21 are subject to special permit revocation by the City.
11. Hours of operation of licensed marijuana retailers shall be restricted to the same hours of operation as liquors establishments within the City of Quincy. Licensed marijuana retailers who violate this provision shall be subject to a civil fine for an initial violation of not more than $1,000 or to special permit suspension, or both. For any subsequent violation, a retailer shall be subject to a fine of not more than $5,000 or to special permit suspension or revocation, or both.
6.11.5. No entitlement or vested rights to permitting. No person shall be deemed to have any entitlement or vested right to permitting under this section by virtue of having received any prior license or permit from the City, including, by way of example only, any zoning permit or any wholesale food manufacturing license. In order to lawfully engage in the business of selling, cultivating, manufacturing or processing marijuana or marijuana products in the City on and after the date of passage of this section, any person seeking to engage in these activities must qualify for and obtain a special permit in accordance with the requirements of this section.
6.11.6. Off-site sales by retailers prohibited. All sales of nonmedical marijuana or nonmedical marijuana products by a licensed retailer shall occur only on the licensed premises, unless such sales are made by a marijuana retailer service duly licensed pursuant to the authority of the Cannabis Control Commission and granted a special permit by the City.
6.11.7. Signage. Any permitted marijuana establishment shall comply with all requirements of the City sign ordinances at all times. No permitted marijuana establishment shall use any signing or advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors, or that has the effect of appealing to minors, upon penalty of permit revocation.
6.11.8. Dispensing. Automatic or stand-alone dispensing or vending equipment or kiosks for the dispensing of any marijuana product are strictly prohibited under this section.
6.11.9. On-premises consumption of marijuana prohibited. No licensed marijuana establishment shall permit the on-premises consumption of marijuana unless and until such type of establishment is approved pursuant the provisions of 935 CMR 500 (Cannabis Control Commission Regulations) and unless such establishment has been licensed for such on-premises consumption pursuant to the authority of the Cannabis Control Commission and unless such establishment has been granted a special permit by the City pursuant to the provisions of this section. Establishments which violate this prohibition shall be subject to special permit revocation by the City.
6.11.10. Public health and safety requirements for cultivation, manufacturing, processing and storage of marijuana and marijuana products. The City's Health Commissioner shall establish requirements and standards for the cultivation, manufacturing, processing and storage of marijuana and marijuana products.
6.11.11. Minimum square footage for marijuana cultivation. Marijuana growers in units which share space with neighboring residential or commercial units in the same building are required to have a minimum space of four square feet per marijuana plant.
6.11.12. Notification. Any potential applicant for licensing and permitting of any marijuana establishment must conduct a community outreach hearing within six months prior to application. Notice of such hearing shall be given by the potential applicant with at least 14 calendar days' notice. Such notice of hearing shall be publicly advertised in a newspaper with local circulation, with a copy of the hearing notice filed with the City Clerk, the Planning Board, the Zoning Board of Appeals, as the Special Permit Granting Authority, and with the designated contracting authority for the City, which shall be the Mayor. Notice shall include the proposed address of the marijuana establishment and a description of the type of marijuana establishment proposed. Notice of said hearing shall, in addition, be mailed by the applicant to all abutters of the proposed address, and to any and all abutters-to-abutters within 300 feet of the proposed property line of the marijuana establishment.
6.11.13. Public consumption of marijuana prohibited. Possession or consumption of marijuana or marijuana products in municipally owned buildings within the City shall be prohibited, unless a public establishment has been duly licensed for on-premises marijuana consumption pursuant to the authority of the Cannabis Control Commission and granted a special permit by the City pursuant to this section. Smoking of marijuana in places of public accommodation, or in places to which the general public has a right of access, or in public places where smoking of tobacco is prohibited by state law or local ordinance, shall be prohibited. Any violation of the provisions of this section shall subject the violator to a civil fine of not more than $100.
[Added 11-15-2021 by Order No. 2021-080]
6.12.1. General. Short-term residential rentals are prohibited in Residential A Districts as set forth in the Table of Use Regulations.
6.12.2. Conditions. Short-term residential rentals shall conform to provisions of applicable ordinances and orders of the Department of Inspectional Services pursuant to its authority under such ordinances.