[HISTORY: Adopted by the City Council of the City of Saco as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cultivation and distribution of marijuana — See Ch. 135.
[Adopted 12-13-2021]
This article establishes the nature, manner, and type of dispensing, sale, marketing, and distribution of recreational and medical marijuana in the City of Saco. It is enacted to protect the life, safety and health of the citizens, and the protective regulations hereunder are applicable to all properties in the City.
The State of Maine Legislature, pursuant to 22 M.R.S.A. § 2429-D, has authorized each Maine community to decide whether it will permit and/or regulate registered dispensaries of marijuana, caregiver retail stores, marijuana testing facilities and marijuana manufacturing facilities. This statute was enacted in 2019, and the City has not previously taken any action pursuant to 22 M.R.S.A. § 2429-D. It intends this article to be its application of the rights and privileges afforded the City by that state law. This article is also enacted pursuant to the legal authority provided by 30-A M.R.S.A. § 3001 which grants the City authority to enact life safety ordinances for the protection of its citizens. Notwithstanding 1 M.R.S.A. § 302, the City intends that this article be applied retroactively to January 11, 2021.
A. 
Testing and manufacturing facilities. The City expressly prohibits the establishment, operation, and maintenance of marijuana testing facilities and marijuana manufacturing facilities in any place within the City. This subsection, and the prohibition herein, is intended to apply to both recreational and medical marijuana.
B. 
Retail sales. The City expressly prohibits the establishment, operation, and maintenance of all marijuana retail stores in any place within the City. This subsection, and the prohibitions herein, is intended to apply to the retail sale of recreational marijuana.
[Amended 7-11-2022]
C. 
Marijuana growing operations. Notwithstanding the preceding, a lawfully zoned person, business or entity that grows only medical marijuana is not affected or otherwise limited by this article, provided that they do not otherwise operate or maintain marijuana testing operations, marijuana manufacturing facilities or a marijuana retail stores of any kind.
A. 
Registered dispensaries. The City expressly prohibits any registered dispensary of adult use or recreational marijuana in any place within the City. The City expressly authorizes medical marijuana registered dispensaries in any zone where such use is permitted under City zoning, provided that the registered dispensary has been properly licensed as required by Chapter 135 of this Code.
B. 
Other limitations and conditions. Any properly licensed and properly zoned medical marijuana registered dispensary must comply with the following additional conditions and limitations:
(1) 
A registered dispensary may only dispense properly packaged, inspected, and authorized medical marijuana. No other form of marijuana may be dispensed. No marijuana accessories, paraphernalia, marketing or advertising materials may be sold at a registered dispensary.
(2) 
Its hours of business or operation may not start prior to 8:00 a.m. and must end by 8:00 p.m.
(3) 
It shall be subject to routine inspection on an annual basis by the following City departments or officials: Code Enforcement Office, City Electrician, and City Fire Department. No portion of the registered dispensary and the subject premises may be restricted from City inspection.
(4) 
Its duly issued municipal business license must be valid at all times and clearly visible to the public. The registered dispensaries State of Maine licensing must also be in force, valid, posted, and visible to the public.
(5) 
It will comply with all zoning, building, fire and life safety codes of the City, and the failure to do so is a violation of its business license.
(6) 
A registered dispensary may not be located on property within 500 feet of the property line of a public or private school (PK-12). For the purposes of this chapter, "school" includes a public school, private school, or public preschool program as defined in 20-A M.R.S.A. § 1, or any other educational facility that serves children from prekindergarten to Grade 12. Additionally, no sign or other advertisement may be displayed within 500 feet of the property line of a public or private school (PK-12).
(7) 
Site plan review is required prior to issuance of any occupancy permit.
A. 
Medical marijuana. The regulated growing of medical marijuana for third parties has been authorized in one or more zones of the City. Such uses must comply with zoning and are required to have a valid City business license. Such premises must permit semiannual inspections by the following City departments or officials: Code Enforcement, City Electrician, and City Fire Department.
B. 
Other forms of marijuana. No growing of adult use or so-called recreational marijuana for sale or use by third parties is allowed anywhere in the City, except an individual person is allowed to grow, within their own home only, a limited amount of marijuana for personal use and the use of a family member subject to Chapter 135 of this Code.
All registered dispensaries must complete the application process described in § 135-6 of this Code.
Fees for a registered dispensary shall be established by the City Council, following a public hearing from time to time.
A. 
Each year, a license holder must submit a renewal application on the forms provided by the Clerk. The required fee established by the City Council must be paid in advance, or the Clerk will stay review.
B. 
The Clerk shall submit to City staff the current application, copy of any existing license and all registration materials in the applicant's file, as well as copies of any complaints and letters received by the Clerk regarding the renewal applicant.
C. 
City staff shall conduct those reviews set out in §§ 135-6D and 135-8 of the Code except City staff may use their discretion to reduce the scope and depth of investigation if circumstances of the renewal warrant.
D. 
The Clerk shall issue his or her decision within 30 days unless City staff are unable, in good faith, to finalize their investigation and review, but in no event shall the license renewal decision take more than 60 days.
E. 
License holders who do not submit their renewal applications at least 30 days before expiration of their license are at risk in the event the Clerk is unable to complete his or her review within 30 days, and, in such case, if the license expires during such review without a renewal having been yet granted, the license holder must cease accepting, managing, marketing, processing, transferring, exchanging, dispensing, and distributing marijuana.
A. 
No person or entity shall manage, process, transfer, exchange, sell or dispense medical marijuana without having a license as required herein.
B. 
Every license holder shall exhibit its state and local license or permit in a conspicuous place on the premises, visible to the public. The failure to display duly issued licenses and permits at all times is a violation of this article. Upon discovering that a registered dispensary has not displayed its license, the City shall deliver a written warning. The failure to display a license after written warning shall constitute a violation of this article.
C. 
No person, party or entity may sell, transfer or assign its City business license. Any attempt to sell, transfer or assign a license will confer no rights, and will render the license immediately void. The sale, assignment or transfer of a license is a violation of this article.
D. 
It is violation of this article to manage, process, transfer, exchange, sell, dispense or distribute marijuana, in any area or zone of the City, where it is not permitted.
E. 
It is a violation of this article for any license holder to traffic, transport, mail, distribute, transfer, or otherwise assist in the trafficking, transporting, mailing, distribution or transfer of marijuana or marijuana products outside the boundaries of this state. It is a violation of this article for any agent, employee or officer of the license holder to do the same.
A. 
Lack of license. Any person or entity that manages, processes, transfers, exchanges, dispenses or distributes marijuana without a valid license shall be subject to the following fines:
(1) 
First violation: $2,500.
(2) 
Second violation: $5,000.
(3) 
Each subsequent violation: $10,000.
B. 
The fine for failure to publicly display a license shall be $500 per offense.
C. 
The fine for selling, transferring or assigning a license in violation of § 168-9C shall be $5,000.
D. 
The fine for violating § 168-9D shall be $2,500 for the first offense and $5,000 for each occurrence thereafter.
If any portion of this article is held to be invalid, the remainder of the article shall remain in full force and effect, it being the City Council's intention that these provisions be severable to the greatest extent allowed by law.