[HISTORY: Adopted by the City of Norwalk Common Council 9-27-2022. Amendments
noted where applicable.]
The purpose and intent of this chapter is as follows:
A.
To revoke the temporary prohibition of all cannabis establishments,
thereby permitting the operation of retail cannabis establishments
in the City of Norwalk (the "City");
B.
To impose limitations upon the consumption of cannabis and cannabis
products in public and quasi-public places;
C.
To create the "Norwalk Cannabis Account," a special fund account
funded by municipal tax revenues due to retail sales of cannabis;
and
D.
To establish the policies and procedures of the Norwalk Cannabis
Account.
For purposes of this chapter, the following terms have the meanings
indicated:
Marijuana, as defined in § 21a-240 of the Connecticut
General Statutes, as the same may be amended.
A Producer, Dispensary Facility, Cultivator, Micro-Cultivator,
Retailer, Hybrid Retailer, Food and Beverage Manufacturer, Product
Manufacturer, Product Packager, Delivery Service, or Transporter.
Cannabis that is in the form of a Cannabis concentrate or
a product that contains Cannabis, which may be combined with other
ingredients, and is intended for use or consumption. "Cannabis Product"
does not include the raw Cannabis plant.
Includes planting, propagating, cultivating, growing, and
harvesting.
A Person that is licensed to engage in the Cultivation, growing,
and propagation of the Cannabis plant at an establishment with not
less than 15,000 square feet of grow space.
A Person that is licensed by the State of Connecticut to
deliver Cannabis from:
A place of business where Cannabis may be dispensed, sold,
or distributed to qualifying patients and caregivers, and to which
the Connecticut Department of Consumer Protection has issued a dispensary
facility license.
A Person that is licensed to own and operate a place of business
that acquires Cannabis and creates food and beverages.
A Person that is licensed to purchase Cannabis and sell Cannabis
and medical marijuana products.
A Person licensed to engage in the Cultivation, growing and
propagation of the Cannabis plant at an establishment containing not
less than 2,000 square feet and not more than 10,000 square feet of
grow space.
An individual, partnership, limited liability company, society,
association, joint-stock company, corporation, estate, receiver, trustee,
assignee, referee or any other legal entity and any other person acting
in a fiduciary or representative capacity, whether appointed by a
court or otherwise, and any combination thereof.
A Person that is licensed as a producer by the State of Connecticut.
A Person that is licensed by the State of Connecticut to
obtain Cannabis, extract and manufacture products exclusive to such
license type.
A Person that is licensed by the State of Connecticut to
package and label Cannabis.
A Person, excluding a Dispensary Facility or Hybrid Retailer,
that is licensed by the State of Connecticut to purchase Cannabis
from Producers, Cultivators, Micro-Cultivators, Product Manufacturers,
and Food and Beverage Manufacturers and to sell Cannabis to consumers
and research programs.
A Person licensed by the State of Connecticut to transport
Cannabis between Cannabis Establishments, laboratories and research
programs.
The temporary prohibition of all Cannabis Establishments in
the City enacted on February 22, 2022, is hereby revoked.
A.
There shall be no more than three Retailers in the City.
B.
For up to 30 days after the opening of a Cannabis Establishment in
the City, the City may charge such Cannabis Establishment for any
necessary and reasonable costs incurred by the City for the provision
of public safety services in relation to such opening, including,
but not limited to, public safety costs incurred to direct traffic,
in an aggregate amount not to exceed $50,000.
A.
Except as otherwise set forth in this chapter, the consumption of
Cannabis and Cannabis Products shall not occur in any form on land
owned or controlled by the City, including, but not limited to, all
sidewalks, parks, beaches, and municipal-owned land or buildings.
B.
The consumption of Cannabis and Cannabis Products shall not occur at any outdoor dining establishment, as defined in § 45-29 of the Norwalk City Code, as the same may be amended.
C.
The Mayor shall, no later than the effective date of this chapter,
designate a place or places within the City wherein public consumption
of Cannabis and Cannabis Products through smoking, vaping, or the
consumption of edibles is permitted. The designated place or places
shall contain visible multilingual signage that clearly delineates
the hours during which such consumption is permitted. Such place or
places may be redesignated from time to time at the Mayor's discretion.
A.
Fines/citations; appeals.
(1)
Any Person violating any provision of this chapter may be subject
to the following penalties:
(a)
If it is determined that an individual has consumed Cannabis
and/or Cannabis Products outdoors where consumption is not permitted
by this chapter, such individual shall be subject to a fine/citation
of $50 for each violation.
(b)
If it is determined that a Person permits the outdoor consumption
of Cannabis and/or Cannabis Products in violation of this chapter,
such Person shall be subject to a fine/citation of $250 for each violation.
(c)
Any aggrieved Person may file an appeal to the Superior Court
for the Judicial District of Stamford/Norwalk in accordance with Connecticut
law.
B.
The Chief of Police or their designee shall, on an annual basis or
as otherwise requested by the Common Council or the Mayor, prepare
and deliver a written report to the Common Council and the Mayor concerning
the number of violations issued pursuant to this chapter. This written
report shall include, but not be limited to, information concerning
the geography and demographics of the violations issued and such other
information as requested by the Common Council or the Mayor.
A.
The City does hereby create the Norwalk Cannabis Account, a special
fund account to be used exclusively for the purposes as delineated
in C.G.S. § 12-330mm(b)(5), as the same may be amended,
which as of the effective date of this chapter consist of the following:
streetscape improvements and other neighborhood developments in communities
where Cannabis Retailers, Hybrid Retailers or Micro-Cultivators are
located; education programs or youth employment and training programs
in the City; services for individuals living in the City who were
released from Department of Corrections custody, probation, or parole;
mental health or addiction services; youth service bureaus and municipal
juvenile review boards; and community civic engagement efforts.
B.
The continuation of the Norwalk Cannabis Account shall be perpetual
notwithstanding that from time to time said account may be unfunded.
Funds in the Norwalk Cannabis Account shall not lapse at the end of
the City's fiscal year.
A.
The City's Chief Financial Officer or their designee shall be
designated as the City official who shall receive notifications from
the Connecticut Department of Revenue Services (DRS) Commissioner
regarding the municipal tax amount reported due from each Cannabis
Retailer, Hybrid Retailer and Micro-Cultivator located in the City
from the sale of Cannabis and/or Cannabis Products.
B.
The Chief Financial Officer or their designee shall submit or resubmit
their name and contact information to the DRS as required by law.
C.
The Chief Financial Officer or their designee shall act in accordance
with C.G.S. § 12-330mm(b)(4), as the same may be amended,
and is the individual responsible with regards to the invoicing and
receipt of sums owed to the City from each Cannabis Retailer, Hybrid
Retailer, and Micro-Cultivator located in the City from the sale of
Cannabis and/or Cannabis Products.
D.
The Norwalk Cannabis Account shall consist of the following:
(1)
All sums received by the City from municipal taxes owed by each Cannabis
Retailer, Hybrid Retailer, and Micro-Cultivator from the sale of Cannabis
and/or Cannabis Products;
(2)
All gifts and grants from any source, public or private, made to
the City and designated for this account; and
(3)
All investment income earned by this account.
E.
All or any part of the monies in the Norwalk Cannabis Account may
be invested in any manner in which public funds may be lawfully invested.
F.
All of the monies in the Norwalk Cannabis Account shall at all times
be subject to withdrawal for use as provided in this chapter. No sums
contained in the Norwalk Cannabis Account, including interest and
dividends earned, shall be transferred to any other account within
the City budget or used for any purpose not provided for in this chapter.
A.
The Chief of Community Services or their designee shall prepare, adopt, and publish on the City's website the Norwalk Cannabis Account Expenditure Guidelines ("Guidelines"), establishing the process, procedures, guidelines, rules, and requirements for application submission pursuant to this § 29-9, and the mode, manner and means by which Norwalk Cannabis Account funds may be used by any applicant. The Guidelines shall be approved by the Common Council from time to time and, in any event, no less frequently than once every 24 months. No application for Norwalk Cannabis Account funds shall be accepted or funds held in the Norwalk Cannabis Account designated for a particular use or expenditure until the Guidelines have been approved by the Common Council and published on the City's website.
B.
Pursuant to the Guidelines, the Chief of Community Services shall,
subject to the approval of the Common Council and the availability
of funds in the Norwalk Cannabis Account, periodically, and at least
annually, solicit applications for such funds from interested Persons.
Provided that the applications received in connection with such solicitation
conform to the Guidelines and this chapter, the Chief of Community
Services shall forward a summary of such applications to the Common
Council, originating in the Community Services Committee thereof or
its successor, along with a recommendation for final action. The Common
Council shall have the discretion to deny, in whole but not in part,
such recommendation.
C.
No expenditure of funds from the Norwalk Cannabis Account shall be
approved except in accordance with the Guidelines or made except in
accordance with the provisions of this chapter.
D.
No expenditure of funds from the Norwalk Cannabis Account shall be
in excess of the available balance in the fund.
E.
No officer or employee of the City, or any member of their immediate family, may receive a financial benefit from or have a direct or indirect personal or financial conflict of interest in any Person that receives funds from the Norwalk Cannabis Account. Terms used in this subsection not otherwise defined in this chapter shall have the meanings given in § 32-3 of the Norwalk City Code, as the same may be amended.
The Chief of Community Services or their designee shall, on
an annual basis or as otherwise requested by the Common Council, prepare
and deliver a written report to the Common Council of the amount in
the Norwalk Cannabis Account and deposits and expenditures therefrom.
This chapter shall be effective as of the effective date of
the amendments to the City's zoning regulations to allow retail
sales of recreational Cannabis.
