[Added 12-20-2018 STM
by Art. 30]
A.Â
A recreational marijuana establishment is considered an entity or
location licensed by the State of Massachusetts and defined pursuant
to M.G.L. c. 94G and 935 CMR 500 and under strict conditions in accordance
with applicable laws.
B.Â
CANNABIS CONTROL COMMISSION (CCC)
HOST COMMUNITY AGREEMENT
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RESEARCH FACILITY
MARIJUANA RETAILER
MARIJUANA TESTING FACILITY
MARIJUANA TRANSPORTATION OR DISTRIBUTION FACILITY
Definitions.
The Massachusetts Cannabis Control Commission established
by MGL. c. 10, § 76, or its designee.
Defined in MGL Chapter 94G, Section 3(d).
An entity licensed by the State of Massachusetts to cultivate,
process and package marijuana, to deliver marijuana to marijuana establishments
and to transfer marijuana to other marijuana establishments, but not
to consumers.
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer, any other type of licensed
marijuana-related business, or any combination thereof at a single
location.
An entity licensed to obtain, manufacture, process and package
marijuana and marijuana products, to deliver marijuana and marijuana
products to marijuana establishments and to transfer marijuana and
marijuana products to other marijuana establishments, but not to consumers.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to cultivate, purchase or otherwise acquire
marijuana for the purpose of conducting research regarding marijuana
products.
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
An entity licensed to test marijuana and marijuana products,
including certification for potency and the presence of contaminants.
An entity with a fixed location that delivers marijuana and
marijuana products to marijuana establishments and transfers marijuana
and marijuana products to other marijuana establishments, but not
to consumers. This shall include the temporary storage of marijuana
products on premises associated with transportation and distribution.
C.Â
Schedule of Use Regulations.
RA
|
RB
|
NCD
|
DCD
|
OCD
|
ID
| |
---|---|---|---|---|---|---|
Marijuana Establishments/any other type of licensed marijuana-related
business
| ||||||
Marijuana cultivator
|
N
|
N
|
N
|
N
|
N
|
SP
|
Marijuana product manufacturer
|
N
|
N
|
N
|
N
|
N
|
SP
|
Marijuana retailer
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
Marijuana testing or research facility
|
N
|
N
|
N
|
SP
|
SP
|
SP
|
Marijuana transportation or distribution facility
|
N
|
N
|
N
|
N
|
N
|
SP
|
Any other type of licensed marijuana-related business
|
N
|
N
|
N
|
N
|
N
|
SP
|
On-site consumption of marijuana at licensed marijuana establishment
|
N
|
N
|
N
|
N
|
N
|
N
|
D.Â
Marijuana establishments.
(1)Â
Purpose.
(a)Â
To provide for the placement of marijuana establishments in
appropriate places and under conditions in accordance with the provisions
of MGL c. 94G.
(b)Â
To minimize the adverse impacts of marijuana establishments
on residential neighborhoods, schools, and other places where children
commonly congregate.
(c)Â
To regulate the siting, design, placement, security, safety,
monitoring, and modification of marijuana establishments.
(2)Â
Location.
(a)Â
Marijuana establishments will only be located in the following
Zoning Districts: Downtown Commercial, Outlying Commercial and Industrial.
(3)Â
Applicability.
(a)Â
No marijuana establishment shall be established except in compliance with the provisions of Article XVIII.
(b)Â
Where not expressly defined in § 145-90, all terms used herein shall be as defined in MGL c. 94G and 935 CMR 500 et seq.
(c)Â
If any provision of this section, or the application of any
such provision to any person or circumstance, shall be held invalid,
the remainder of this section, to the extent it can be given effect,
or the application of those provisions to persons or circumstances
other than those to which it is held invalid, shall not be affected
thereby, and to this end the provisions of this section are severable.
(4)Â
Special permit approval criteria.
(a)Â
All marijuana establishments shall be contained within a building
or structure.
(b)Â
The hours of operation of marijuana establishments shall be
set by the special permit granting authority, which shall be the Planning
Board.
(c)Â
Marijuana establishments shall not be located within a 500-foot
radius from:
[1]Â
Any residential district;
[2]Â
Any school pre-k through 12;
[3]Â
Any daycare center, or any facility where children commonly
congregate. A facility is not, however, limited to a building. A "facility
where children commonly congregate" includes, but is not limited to
facilities in which children gather for a particular purposes in a
structured and scheduled manner, or which are dedicated to the use
by children, such as playgrounds, youth service programs, day care
centers, youth sports facilities, dance schools, and gymnastic schools;
[4]Â
Any other marijuana establishment;
[5]Â
Any drug or alcohol rehabilitation facility;
[6]Â
Any correctional facility, half-way house or similar facility;
or
[7]Â
Any establishment licensed under the provisions of MGL c. 138,
§ 12 (Licenses for on premise alcoholic beverages).
Distances calculated pursuant to Subsection D(4)(c)[1] and [2] will be measured from property line to property line. Distances calculated pursuant to Subsection D(4)(c)[3] through [7] will be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed marijuana establishment. For example, a playground outside a school would be considered a facility where children congregate, so the line would be measured from the edge of the playground to the nearest point of the building that would house the potential Marijuana Establishment.
|
(d)Â
The onsite consumption of marijuana at all marijuana establishments
is prohibited in the Town of Townsend.
(e)Â
Consistent with MGL c. 94G, § 3(b)(2), the maximum
number of Marijuana Establishments in the Town of Townsend shall be
limited as follows:
[1]Â
Shall not prohibit one or more types of marijuana establishment.
[2]Â
The number of marijuana retailers shall not exceed twenty (20%)
percent of liquor licenses issued pursuant to M.G.L. c. 138, § 15
for retail sale of alcohol not consumed on the premises in the Town
of Townsend. Said number to be rounded up to the next whole number.
[3]Â
The number of non-retail marijuana establishments shall be limited
to one.
(f)Â
No smoking or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a marijuana establishment. No burning of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a marijuana establishment with the exception of product testing performed
at a marijuana testing facility or marijuana research facility.
(g)Â
No marijuana establishment shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
(h)Â
Marijuana establishments shall be located within a permanent
building and may not be located in a trailer, cargo container, motor
vehicle or other similar nonpermanent enclosure.
(i)Â
Marijuana establishments shall not have drive-through service.
(j)Â
No outside storage of marijuana, related supplies or promotional
materials is permitted.
(k)Â
No delivery service of marijuana products for personal purposes
are permitted from any marijuana establishment.
(l)Â
All marijuana establishments shall be ventilated in such a manner
that:
[1]Â
If pesticides, insecticides, or other chemicals or products
are used in cultivation or processing, they must be vented and dispersed
into the outside atmosphere so as not to be detectible at any adjoining
use or property.
[2]Â
No odor from marijuana can be detected by a person with a normal
sense of smell at the exterior of the marijuana establishment or at
any adjoining use or property.
(5)Â
Special permit conditions.
(a)Â
In addition to compliance with M.G.L. c. 94G and 935 CMR 500
et seq., the special permit granting authority may impose reasonable
conditions to improve site design, traffic flow, and public safety,
and to preserve water quality, significant environmental resources
and community character of surrounding area including, without limitation,
the following:
[1]Â
Minimization of the impacts of increased noise and traffic.
[2]Â
Imposition of security precautions to protect personnel, consumers,
residents and property.
[3]Â
Deterring the presence of unauthorized or ineligible persons
at, or near the marijuana establishment.
[4]Â
Imposition of measures to prevent diversion of marijuana and
marijuana products.
[5]Â
Conditions related to the design and construction of the facility
to improve safety, security and conformance with community character.
[6]Â
Conditions relating to energy efficiency and conservation.
(b)Â
A marijuana establishment shall only be allowed by special permit from the Planning Board, the special permit granting authority, in accordance with MGL c. 40A, § 9 and § 145-65 (Special permits) of this chapter.
(c)Â
No special permit for any marijuana establishment shall be issued without major site plan approval having been obtained from the Planning Board pursuant to § 145-42, Site plan review special permit, of this chapter. In addition to the standards set forth therein, the site plan must meet all dimensional, parking, landscaping, and signage requirements within this chapter.
(d)Â
A special permit for a marijuana establishment shall be limited
to one or more of the following uses that shall be prescribed by the
special permit granting authority:
(e)Â
In addition to the application requirements set forth above,
a special permit application for a marijuana establishment shall include
the following:
[1]Â
The name and address of owner(s) of the establishment;
[2]Â
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts Cannabis Control Commission and
any of its other agencies for the establishment; provided that approval
may be conditioned upon receipt of a final license from the CCC;
[3]Â
Evidence of the applicant's right to use the site of the establishment
for the establishment, such as a purchase and sale agreement, deed,
owner's authorization, or lease;
[4]Â
A letter from the Town of Townsend Police Chief, or designee,
acknowledging review and approval of the Marijuana Establishment security
plan;
(f)Â
The SPGA shall include conditions concerning the following in
any special permit granted pursuant to this article:
(g)Â
The issuance of a special permit shall lapse two years from
the date of the issue if not acted upon.
(h)Â
Mandatory findings. The special permit granting authority shall
not issue a special permit for a marijuana establishment unless it
finds that:
[1]Â
The facility is designed to minimize any adverse impacts on
abutters and other parties in interest, as defined in MGL c. 40A,
§ 11;
[2]Â
The applicant demonstrates to the satisfaction of the special
permit granting authority that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will comply with all applicable state laws and regulations; and
[3]Â
The applicant has satisfied all of the conditions and requirements
set forth herein.
(i)Â
A special permit granted under this section shall have a term
limited to the duration of the applicant's ownership or lease of the
premises as a marijuana establishment. A special permit may be transferred
only with the approval of the special permit granting authority in
the form of an amendment to the special permit with all information
required by the special permit granting authority.
(6)Â
Abandonment or discontinuance of use.
(a)Â
A special permit shall lapse if a final license has not been
issued by the CCC pursuant to CMR 500.103 within one year of issuance.
The Planning Board may grant an extension if the applicant demonstrates
that, despite diligent effort, circumstances beyond their control
have prevented the issuance of a final license and further demonstrates
to the satisfaction of the Planning Board that issuance of a final
license is forthcoming.
(b)Â
A marijuana establishment shall be required to remove all material,
plants, products, equipment and other paraphernalia within six months
of ceasing operations. All security measures and precautions, and
all components of the marijuana establishment security plan, shall
be observed until removal is completed.
[1]
Editor's Note: The original subsection designations within
this section were removed with the permission of the Town Clerk in
order to maintain the organizational style of the Code.