The purpose of this title is to set forth procedures and standards
for the issuance of local licenses for marijuana businesses and medical
marijuana registered caregiver home establishments in order to protect
public health, safety and welfare.
As used in this title, the terms below are defined as indicated.
All other terms used in this title, if not defined below, are the
same definition as set forth in 22 M.R.S.A. § 2422 (for
medical marijuana businesses), 28-B M.R.S.A. § 102 (for
adult use marijuana businesses), or the Land Use and Development Code,
Title 16 of the Kittery Town Code.
APPLICANT
A person who has submitted an application for licensure as
a marijuana business pursuant to this chapter.
LICENSED PREMISES
The premises specified in an application for a license pursuant
to this title or within a license issued pursuant to this title.
LICENSEE
A person licensed pursuant to this title.
LICENSING AUTHORITY
The Town Council or Town Manager as designated in this title
to be the issuer of the particular type of marijuana business license.
MARIJUANA BUSINESS
An adult use marijuana store, medical marijuana registered
dispensary, medical marijuana caregiver retail store, marijuana cultivation
facility, marijuana manufacturing facility, or marijuana testing facility,
all as defined in the Town of Kittery Land Use Ordinance.
MARIJUANA RETAIL STORE
A medical marijuana registered dispensary, medical marijuana
caregiver retail store or an adult use marijuana store.
OWNER
A person whose beneficial interest in a marijuana business
is such that the person bears risk of loss other than as an insurer,
has an opportunity to gain profit from the operation or sale of the
marijuana business and/or has a controlling interest in the marijuana
business.
PERSON
A natural person, partnership, association, company, corporation,
limited-liability company or organization, or a manager, agent, owner,
director, servant, officer or employee thereof. "Person" does not
include any governmental organization.
PREMISES
The physical location at which a marijuana business is to
conduct its business.
STATE LICENSE
Any license issued by the state licensing authority.
STATE LICENSING AUTHORITY
The authority created or designated by the state for the
purpose of regulating and controlling licensing for marijuana businesses.
TOWN MANAGER
The Town Manager of the Town of Kittery or designee.
A marijuana business or medical marijuana registered caregiver
home establishment may not begin or continue operations unless it
has and is in possession of a license issued pursuant to this title.
Marijuana registered caregivers that hold an approved land use permit
(major home occupation approval) and/or are operating as of the effective
date of this section must submit a completed application within 30
days of the effective date, and have a grace period of 60 days after
the effective date to receive a license, which may be extended by
order of the Council if justified due to the anticipated time line
of the review process.
All medical marijuana registered caregiver home establishment
license applications, whether new or renewal, must be reviewed and
may be approved by the Town Manager. All other initial license applications
are to be reviewed and may be approved by the Town Council after public
hearing. The Town Manager is the licensing authority for renewal licenses,
as specified in § 5.11.5E.
The review procedures described below are the same for initial
license applications as well as renewals, unless otherwise indicated.
In reviewing license applications, the licensing authority and any
consulting Town officials may consider the approval standards under
this title as well as other applicable local, state or federal laws
and, for license renewals, the licensee's record of compliance
with the same.
A.
Application. License applications must be submitted to the Town
in writing using a form prepared by the Town for the purpose and must
include all information required by this title and by the form. Applications
for initial licensure of marijuana retail stores may not be accepted
until the applicant has been precertified in accordance with § 5.11.9C.
B.
Initial review. The Town Manager is responsible for the initial
investigation of the application to ensure compliance with the requirements
of this title and to obtain recommendations from other Town officials
as required.
C.
License conditions. The licensing authority has the authority
to impose any conditions on a license that may be reasonably necessary
to ensure compliance with the requirements of this title or to address
concerns about operations. Failure of any licensee to comply with
such conditions are considered a violation of the license and of this
title.
D.
Staff review. No license may be granted by the licensing authority
until the Town Manager, Police Chief, Fire Chief, Code Enforcement
Officer, and other staff as deemed appropriate by the Town Manager,
have all made positive recommendations regarding the applicant's
ability to comply with this title or any other applicable Town ordinance,
Planning Board conditions of approval, or state or federal law enforced
by such officials.
E.
Renewal. For renewal licenses, the application, fee and review
process are the same as for initial licenses except that the Town
Manager is the licensing authority. If any reviewing staff member
finds that new conditions should be attached to the renewal license
or that the renewal license should be denied, the renewal application
must be forwarded to the Town Council for final action. Renewal licenses
for marijuana retail stores may be granted by the Town Manager only
upon a finding that the store has in the past license term been operating
in accordance with this title as well as with the store's previously
submitted operations plan.
F.
Type of license. Licenses may be approved only for the type(s)
of use identified in the application. A licensee who intends to expand
or convert the licensed premises to a different type of use that is
not specifically approved in a license must obtain a new license for
that use.
G.
State approvals. Any licensee that is required to obtain approval
from the State of Maine will provide the Town copies of all necessary
approvals prior to operating the licensed business.
H.
Inspection. Any licensee must, prior to operating the licensed
business, contact the Town to request an inspection to determine the
compliance, as built, with the requirements of this title, any conditions
of licensure, and the submitted operations plan (if applicable). Any
municipal official with authority to make recommendations, grant licenses
or enforce this or other municipal ordinances regarding marijuana
businesses or medical marijuana registered caregiver home establishments
has authority to enter the premises of an applicant or licensee without
notice during operating hours to make any inspection reasonably necessary
to ensure continued compliance with all applicable Town ordinances.
I.
License term. Each license issued under this title is valid
for the term of license granted by the state license authority ("the
license year"), or otherwise for one year from the date of issuance.
Applications for renewal licenses should be submitted no fewer than
60 days prior to expiration of the existing term to allow for timely
processing. Any licensee who fails to apply for a renewal license
prior to expiration of the existing term does not have authority to
operate until a renewal license is granted. A late fee of 10% of the
total license fee will be assessed to applications submitted one to
30 days past expiration of the existing license, and 20% will be assessed
for applications submitted thereafter. Any marijuana retail store
which fails to obtain a renewal license within 30 days following expiration
of the existing term forfeits its license, unless the applicant timely
submitted the application and the delay is due to circumstances not
within the applicant's control.
J.
Forfeiture. A license is forfeited if the licensee:
(1)
Fails to obtain a renewal license within 30 days of expiration
of an existing license;
(2)
Makes any other active use of the licensed premises other than
for the licensed business operation; or
(3)
Is not actively operating the licensed business for a period
exceeding six consecutive months, except that the licensing authority
may, upon written request from the licensee, allow for a suspension
of use of up to one year if the suspension in use is caused by damage
to the licensed premises, renovation, repair, active attempts to sell
the licensed premises as a turnkey business operation, or other bona
fide circumstances out of the licensee's control.
Each applicant for a license must complete and file an application
on the form provided by the Town, together with the applicable license
fee. If multiple types of business operations are to be conducted
on a single premises, each business operation must obtain a separate
license and pay the applicable fees associated with the appropriate
business type. Applications must include:
A.
Proof of the applicant's right, title, or interest in the
premises, such as a deed, lease, sublease, (must include lease and
authorization for sublease, if applicable) or purchase and sale agreement.
B.
A copy of the applicant's state license application and
supporting documentation, as submitted to the state licensing authority,
if a state license is required.
C.
Evidence of all state approvals or conditional approvals required
to operate the business, including, but not limited to, a state license
as defined by this title, caregiver registration, a state retail certificate,
or a state health license.
D.
If not included in the applicant's state license application,
attested copies of any articles of incorporation, bylaws, operating
agreement, partnership agreement or articles of association that govern
the entity that will own and/or operate the business.
E.
If not included in the applicant's state license application,
an affidavit on a form to be provided by the Town that identifies
all owners, officers, members, managers or partners of the applicant,
their ownership interests, and their places of residence at the time
of the application and for the immediately preceding three years.
F.
A release for each applicant and for each officer, owner, member,
manager or partner of the applicant seeking a license allowing the
Town of Kittery or its officials to obtain criminal records and other
background information related to the individual.
G.
Evidence of all land use approvals or conditional land use approvals
required to operate the business, including but not limited to building
permit, special exception approval, site plan review approval, and/or
a change of use permit. Where site plan approval is required, evidence
of submission of a complete site plan review application is sufficient,
but any license issued is conditioned upon site plan approval and
issuance of any necessary building or occupancy permits.
H.
Evidence of all other local approvals or conditional approvals
required to operate the business, including any applicable food or
victualer's license. If the marijuana business or medical marijuana
registered caregiver home establishment is not in use as of the date
of license application, the applicant must list any licenses required
and issuance of such licenses will be made a condition of the marijuana
business license.
I.
A description of the premises for which the license is sought,
including a plan of the premises.
J.
A copy of any state or municipal license held for any other
marijuana business, including any home occupation, owned or operated
by the applicant or by any officer, owner, subsidiary, member, manager
or partner of the applicant, as well as any notices of violation received
from the state or municipality for such marijuana business and proof
that any violation has been resolved.
K.
Certification from the Fire Chief that the location of the marijuana
business or medical marijuana registered caregiver home establishment
on the subject premises will not pose an undue risk of fire or other
safety hazard.
L.
For marijuana retail stores, an operations plan, describing
the applicant's:
(2)
Provisions to ensure against loitering and using marijuana and
marijuana products on or near the premises;
(3)
Protocols for hiring and training employees;
(4)
Experience and training in the State of Maine's seed-to-sale
tracking system;
(5)
Protocols for odor control and disposal of waste marijuana or
marijuana products;
(6)
Protocols for ensuring the safety and security of product; and
(7)
Fire suppression annual certification.
If the Town determines that a submitted application is not complete,
the Town must notify the applicant of the additional information required
to process the application. If such additional information is not
submitted within 30 days of the Town's request, the application
may be denied.
A license for a marijuana business may be transferred to another
owner if an updated application form and ownership affidavit are provided
to the Town and all persons listed on the affidavit successfully pass
background checks and otherwise meet the criteria of this title. See
§ 5.11.9F regarding transfer of licenses for marijuana retail
stores.
Marijuana business and medical marijuana registered caregiver
home establishment licenses are limited to the premises for which
they are issued and are not transferable to a different location.
A licensee who seeks to operate in a new location must acquire a new
license for that location.
A license application for a marijuana business or medical marijuana
registered caregiver home establishment must be denied by the licensing
authority, suspended by the Town Manager, or after notice and hearing
revoked by the Town Council, if the applicant, or any owner of the
applicant or licensee:
A.
Fails to meet the requirements of this title.
B.
Is not at least 21 years of age.
C.
Has had a license required for the marijuana business or medical
marijuana registered caregiver home establishment suspended or revoked
by the Town, by a municipality in the State of Maine, or by the State
of Maine.
D.
Is in violation of this or any ordinance or has unpaid penalties
assessed by a court, related to the marijuana business or medical
marijuana registered caregiver home establishment.
E.
Has not acquired all necessary state and local approvals (other
than final state approval) prior to issuance of the license.
F.
Fails to meet zoning or other requirements of the Land Use and
Development Code.
G.
Has been convicted of a criminal violation arising out of operation
of a marijuana business.
H.
Has, within 10 years prior to the date of the application, been
convicted of selling marijuana, alcohol, or any scheduled drug to
a minor.
I.
Has provided false or misleading information in connection with
the license application.
In order to obtain and retain a license pursuant to this title,
the applicant/licensee must demonstrate that the following requirements
are met. The licensee must comply with each of these requirements
during the term of the license:
A.
Display of license. The current license must be displayed at
all times in a conspicuous location within the premises.
B.
Premises. All licensed premises must be fixed, permanent locations.
Licensees are not permitted to operate marijuana establishments in
other than the licensed premises, such as at farmer's markets,
farm stands or kiosks.
C.
Loitering. The facility owner/operator must make adequate provisions
to prevent patrons or other persons from loitering on the premises.
It is the licensee's obligation to ensure that anyone found to
be loitering or using marijuana or marijuana products in the parking
lot or other outdoor areas of a licensed premises is ordered to leave.
D.
Other laws. A marijuana business or medical marijuana registered
caregiver home establishment must meet all operating and other requirements
of state and local law. To the extent the State of Maine has adopted
or adopts in the future any law or regulation governing marijuana
businesses that conflicts in any way with the provisions of this title,
the more restrictive provisions control.
E.
Changes to operations. Marijuana businesses and medical marijuana
registered caregiver home establishment must operate in accordance
with all material representations made in the approved license application
and operations plan (if applicable). If the licensee is required to
notify the state of a change related to the marijuana business, the
licensee must promptly provide the Town with a copy of such notification.
If the Town determines that the change is not in accordance with the
requirements of this title, or requires additional conditions of approval,
the change must be forwarded to the Town Council for consideration.
The operation of any marijuana business or medical marijuana
registered caregiver home establishment without the required license
or in violation of the requirements of this title is a violation of
this title. The Town Manager must enforce the provisions of this title.
A violation of any provision of this title is a civil violation, and
a civil penalty of $250 to $2,500 applies and may be assessed for
each day that the violation continues. The penalty for operating a
marijuana business or medical marijuana registered caregiver home
establishment without a valid license is $2,500 per day for marijuana
retail stores and $500 per day for other marijuana businesses or medical
marijuana registered caregiver home establishments. The Town Manager
may suspend the license, and the Town Council may revoke the license
after notice and hearing.
Except as otherwise specifically provided herein, this title
incorporates the requirements and procedures set forth in the Maine
Marijuana Legalization Act, 28-B M.R.S.A. Chapter 1, as may be amended,
and the Maine Medical Use of Marijuana Act, 22 M.R.S.A. Chapter 558-C,
as may be amended. In the event of a conflict between the provisions
of this title and the provisions of said Acts or any other applicable
state or local law or regulation, the more restrictive provision must
control.