[Adopted 6-20-2019 by Ord. No. 19-090]
A.
Purpose and authority. This section is enacted pursuant to authority
granted under 30-A M.R.S.A. § 3001 and 22 M.R.S.A. § 2429-D.
The purpose of this section is to set forth procedures and standards
for the issuance of local licenses for Marijuana Businesses in order
to protect public health, safety and welfare.
B.
APPLICANT
LICENSED PREMISES
LICENSEE
LOCAL LICENSING AUTHORITY
MEDICAL MARIJUANA BUSINESS
OWNER
PERSON
PREMISES
STATE LICENSE
STATE LICENSING AUTHORITY
Definitions. As used in this section, the terms below shall be defined as indicated. All other terms used in this section, if not defined below, shall have the same definition as set forth in § 300-202 of the City Code.
A person who has submitted an application for licensure as
a Medical Marijuana Business pursuant to this article.
The premises specified in an application for a license pursuant
to this section or within a license issued pursuant to this section.
A person licensed pursuant to this article.
The City Clerk or, if referral to the City Council is required
pursuant to this section, the City Council.
Includes Medical Marijuana Testing Facility, Medical Marijuana
Manufacturing Facility, Medical Marijuana Retail Store, Medical Marijuana
Registered Caregiver (home occupation), or Registered Dispensary.
A person whose beneficial interest in a Medical 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 Medical Marijuana Business and/or has a controlling interest
in the Medical Marijuana Business.
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.
The physical location at which a Medical Marijuana Business
is to conduct its business.
Any license issued by the state licensing authority.
The authority created or designated by the state for the
purpose of regulating and controlling licensing for Medical Marijuana
Businesses.
C.
License requirement. Effective October 1, 2019, a Medical Marijuana
Business shall not begin or continue operations unless it has received
and is in possession of a license issued pursuant to this section.
No business other than a Medical Marijuana Registered Caregiver (home
occupation) shall be permitted to operate in the City of Augusta prior
to October 1, 2019.
D.
Licensing procedures.
(1)
All license applications shall be submitted to the City Clerk, in
writing, using a form prepared by the City for the purpose and must
include all information required by this section and by the form.
(2)
Prior to action on a license application, the Clerk shall give public
notice of the application by having a sign posted in a conspicuous
place on the premises listed on the license application at least seven
(7) days prior to action, and by publication in a newspaper of general
circulation in the City of Augusta, as well as on the City's website,
at least seven (7) days prior to action.
(3)
The City Clerk shall be responsible for the initial investigation
of the application to ensure compliance with the requirements of this
article and to obtain recommendations from other City officials as
required.
(4)
No license shall be granted by the City Council until the Police
Chief, Fire Chief, Health Inspector and Code Enforcement Officer have
all indicated no objections regarding the applicant's ability to comply
with this section or any other applicable City ordinance or state
or federal law enforced by such officials. The City Clerk shall provide
a copy of the license application to each official along with a form
upon which the official shall note his or her findings and conclusions,
as well as any recommended conditions of approval.
(5)
The City Council may include any conditions of approval recommended
by reviewing officials, as well as any other reasonable conditions
deemed in the Council's discretion to be warranted, on the issued
license. Failure of any licensee to comply with such conditions shall
be considered a violation of the license and of this section.
(6)
Licenses shall be approved only for the type(s) of Medical Marijuana
Business(es) identified in the application. A licensee who intends
to expand or convert the licensed premises to a type of Medical Marijuana
Business that is not specifically approved in a license must obtain
a new license for that use.
(7)
Any City official with authority to make recommendations under or
enforce this or other municipal ordinances regarding Medical Marijuana
Businesses shall have authority to enter the premises of an applicant
or licensee without notice to make any inspection reasonably necessary
to ensure compliance. This inspection authority shall not apply to
the City Clerk or City Council.
(8)
For renewal licenses, the application and review process shall be
the same as for initial licenses, except that the City Clerk shall
serve as the licensing authority unless any reviewing official recommends
that existing conditions be added to or changed, or that the application
be denied, in which case the application will be forwarded to the
City Council for final action.
E.
(Reserved)
F.
Application submission requirements. Each applicant for a Medical
Marijuana Business license shall complete and file an application
on the form provided by the City Clerk, together with the applicable
license fee as set forth in the schedule of fees approved by the City
Council. If multiple types of Marijuana Businesses are to be conducted
on a single premises, the applicant shall pay the application fee
for each type of business. The following supporting materials shall
also be provided with the application:
(1)
A copy of the applicant's state license application and supporting
documentation, as submitted to the state licensing authority.
(2)
Evidence of all state approvals or conditional approvals required
to operate a Medical Marijuana Business, including, but not limited
to, a state license as defined by this section, a state retail certificate,
or a state health license.
(3)
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 Medical Marijuana Business.
(4)
If not included in the applicant's state license application, an
affidavit 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. Supporting documents, including, but not limited
to, motor vehicle operator's license, motor vehicle registration,
voter registration or utility bills, shall be provided.
(5)
A release for each applicant and for each officer, owner, member,
manager or partner of the applicant seeking a license allowing the
City of Augusta or its officials to obtain criminal records and other
background information related to the individual.
(6)
Evidence of all land use approvals or conditional land use approvals
required to operate the Medical Marijuana Business, including, but
not limited to, building permit, conditional use approval, change
of use permit and/or certificate of occupancy.
(7)
Evidence of all other local approvals or conditional approvals required
to operate the Medical Marijuana Business, including any applicable
food or victualer's license. Section 199 of the City Code (the "Food
Sovereignty Ordinance") does not apply to Medical Marijuana Businesses.
(8)
A description of the premises for which the license is sought, including
a plan of the premises.
(9)
Certification from a licensed Master Electrician indicating the electrical
system of the premises is adequate for the use being proposed. That
use shall be clearly outlined in detail so that the Master Electrician's
certification is easy to understand.
(10)
If the City Clerk determines that a submitted application is
not complete, he or she shall notify the applicant within ten (10)
business days of the additional information required to process the
application. If such additional information is not submitted within
thirty (30) days of the Clerk's request, the application may be denied.
G.
License Term and Renewal; Limit on Medical Marijuana Retail Stores.
(1)
Each license issued under this section shall be valid for the term
of license granted by the state license authority, if a state license
is required. If no state license is required, the license shall be
valid for two years from the date of issuance (the "license term").
Applications for renewal licenses shall be submitted at least sixty
(60) days prior to expiration of the existing term. Any licensee who
fails to submit a renewal application by the applicable deadline shall
not have authority to operate until a license is granted. A late fee
shall apply as set forth in the Master Schedule of Revenues, Charges,
Fees and Fines.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
There shall be no more than fifteen (15) active licenses for Medical Marijuana Caregiver Retail Stores and no more than five active licenses for registered dispensaries at any given time. Applications shall be assigned priority according to the date and time an application meeting the submission requirements of this section was received by the City Clerk. Once the numerical limit of licenses for a license category has been reached, additional applications will be held on a waiting list and processed according to their respective priority as licenses become available. If a licensee fails to timely submit a renewal license application by the deadline set forth in Subsection G(1), the prior license shall become available to those on the waiting list upon its expiration date. If a license for the business category becomes available, the City Clerk shall notify the first applicant on the waiting list, and that applicant shall have ten (10) business days to provide the applicable application fee and any updated information to the City Clerk. If the application fee is not timely provided, the City Clerk shall process the next application on the list.
H.
Denial, Suspension or Revocation of a License.
(1)
In reviewing license applications, the licensing authority and any
consulting City officials may consider the approval standards under
this section as well as other applicable local, state or federal laws
and, for license renewals, the licensee's record of compliance with
the same.
(2)
A license application for a Medical Marijuana Business shall be denied
by the licensing authority (City Clerk or City Council), and an existing
license may be suspended or revoked by the City Council, after notice
and hearing, if the applicant, or any owner of the applicant or licensee:
(a)
Fails to meet the requirements of this section or of any condition
attached to the license.
(b)
Is not at least twenty-one (21) years of age.
(c)
Is not a resident of the State of Maine.
(d)
Has had a license for a Medical Marijuana Business or adult
use marijuana establishment as defined by 28-B M.R.S.A. § 102(29)
revoked by the City or by the State.
(e)
Has not acquired all necessary state and local approvals prior
to issuance of the license.
(f)
Has been convicted of a criminal violation arising out of operation
of a Medical Marijuana Business or of any adult use marijuana establishment
as defined by 28-B M.R.S.A. § 102(29).
(g)
Has provided false or misleading application in connection with
the license application.
I.
Approval and Operating Requirements. In order to obtain a license
pursuant to this section, the licensee shall demonstrate to the City
Clerk and all reviewing officials that the following requirements
will be met. The licensee shall comply with all of these requirements
during the term of the license:
(1)
Display of license. The current license shall be displayed at all
times in a conspicuous location within the premises.
(2)
All licensed premises shall be fixed, permanent locations. Licensees
shall not be permitted to operate Medical Marijuana Businesses in
other than the licensed premises, such as at farmer's markets, farm
stands or kiosks.
(3)
Safety and Security.
(a)
The licensed premises shall have lockable doors and windows
and shall be served by an alarm system which includes automatic notification
to the City of Augusta Police Department.
(b)
The licensed premises shall have video surveillance capable
of covering the exterior and interior of the facility. The video surveillance
system shall be operated with continuous recording twenty-four (24)
hours per day, seven days per week, and video shall be retained for
a minimum duration of thirty (30) days. Such records shall be made
available to law enforcement agencies when investigating a criminal
complaint.
(c)
The licensed premises shall have exterior spotlights with motion
sensors covering the full perimeter of the building(s).
(4)
Ventilation.
(a)
The licensed premises shall comply with all odor and air pollution
standards established by ordinance.
(b)
All Medical Marijuana Businesses shall have an odor mitigation
system installed that is sufficient to ensure that no odor of marijuana
is detectible beyond the area controlled by the business, whether
that be a lease or owned area that is a portion or all of a recorded
parcel of land. The Code Enforcement Officer may request certification
by a Maine Licensed Engineer that the odor control system is sufficient
for these purposes.
(5)
Loitering. The licensee and all agents or employees shall make adequate
provisions to prevent patrons or other persons from loitering on the
premises. It shall be 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.
(6)
A Medical Marijuana Business shall 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 Medical Marijuana
Businesses that conflicts in any way with the provisions of this section,
the more restrictive shall control.
J.
Transfer of Ownership or Change of Location. Licenses issued under
this section are not transferable to a new owner. Any change in ownership
shall require a new license. Licenses are limited to the location
for which they are issued and shall not be transferable to a different
location. A licensee who seeks to operate in a new location shall
acquire a new license for that location.
K.
Violations and Penalties. Any medical marijuana business which is found to be operating without a valid license in accordance with this section, or which is found to have violated the approval and operating requirements set forth in Subsection I of this section shall be found to have committed a civil violation. For failure to obtain or maintain a valid license, the penalty shall start at twice the applicable license fee and shall be increased by $10 for each day of the violation. For failure to meet any other requirements of this section or any condition of the license, the penalty shall be $100 for each day of the violation.
L.
Appeals. Appeals of the granting or denial of a license under this
section shall be appealable to the Kennebec County Superior Court
in accordance with Rule 80B of the Maine Rules of Civil Procedure.
There shall be no appeal of other decisions made or orders issued
in the enforcement or administration of this section.
M.
Severability. The provisions of this section are severable, and if
any provision shall be declared to be invalid or void, the remaining
provisions shall not be affected and shall remain in full force and
effect.
N.
Other Laws. Except as otherwise specifically provided herein, this section incorporates the requirements and procedures set forth in the Maine Medical Use of Marijuana Act, 28-B M.R.S.A. Chapter 1, as may be amended. In the event of a conflict between the provisions of this section and the provisions of said act or any other applicable state or local law or regulation, the more restrictive provision shall control.
