[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.