[Adopted 11-25-2019 by Ord. No. 34644]
This article is intended to designate a responsible party for the negotiation of host community agreements and letters of support or non-opposition for medical marijuana treatment center, marijuana retailer, or cultivation operations, collectively, marijuana establishments as defined in Zoning Ordinances, Article XII, Sec. 12.21, and to create a separate local requirement intended to protect local and small businesses by requiring applicants to certify compliance with certain conditions prior to being granted a host community agreement or letter of support or non-opposition. The City deems it to be in the public interest to give initial permitting preferences for cannabis businesses to priority applicants, as defined herein.
The Mayor of Waltham shall be responsible for negotiating and executing host community agreements for medical and recreational marijuana businesses for the City of Waltham.
(a) 
The Mayor shall only consider forming a host community agreement with a priority applicant within two years from the date of passage of this article. For marijuana retailer permits, there are two groups of priority applicants that are known as Group A and Group B. During the two-year priority period, the Mayor shall only form a host community agreement with an applicant in Group A and/or Group B, and shall only form additional host comumunity agreements with applicants from Group A if, after issuance, there will be an equal or greater number of currently active agreements formed with entities that meet the criteria under Group B. Two years after the date of passage of this article the Mayor shall continue to prioritize priority applicants, but may consider a marijuana retailer application from a non-priority applicant. At no time shall the Mayor form more host community agreements with non-priority applicants than are currently valid and issued to priority applicants.
(b) 
In order to be considered a priority applicant in Group A, the person(s) or entity applying must meet the following criteria:
(1) 
Owned by a Waltham resident(s) or business with a substantial majority (> 60%) of its ownership made up of Waltham residents, with any management agreements that send revenue back to another entity disclosed during contract negotiations; if any such agreements are not disclosed, the HCA shall be void; for the purpose of this section and in order to promote local industries and business owners, a "Waltham resident" shall be any person whose principal place of residence is and has been the City of Waltham for the last 12 months or longer.
(c) 
In order to be considered a priority applicant in Group B, the person(s) or entity applying must meet at least one of the following criteria:
(1) 
An economic empowerment or social equity applicant, or microbusiness certified by the Commonwealth of Massachusetts Cannabis Control Commission (CCC), or a woman-, minority-, or veteran-owned business as certified by the Commonwealth; or
(2) 
Craft marijuana cooperatives as defined by the CCC, or cooperative business corporations as described in Massachusetts General Laws Title XXII, c. 157.
The Mayor shall have sole responsibility for the issuance of letters of support or non-opposition, on behalf of the City of Waltham, for proposed medical marijuana treatment center, marijuana retailer, or cultivation operation.