[HISTORY: Adopted by the Town Council of the Town of Cumberland 5-22-2023[1]. Amendments noted where applicable.]
[1]
Editor's Note: This legislation also superseded former Ch.
170, Medical Marijuana Registered Caregiver Licensing, adopted 1-24-2022, as amended.
This chapter shall be known and may be cited as "Medical Cannabis
registered caregiver licensing."
A.
The purpose of this chapter is to provide for and regulate the issuance
of local licenses for registered caregivers in the Town of Cumberland.
Such licensing shall provide for annual review of and reasonable control
over registered caregivers' operations and to ensure that life
safety and nuisance concerns are properly addressed.
B.
This chapter is adopted pursuant to the Town of Cumberland's
home rule authority, under Art. VIII, Part Second of the Maine Constitution,
and 30-A M.R.S. § 3001. This chapter is also adopted consistent
with the Town's statutory authority pursuant to 22 M.R.S. § 2429-D,
as may be amended or recodified.
C.
This chapter does not authorize the operation of adult-use "cannabis
establishments" as that term is defined in 28-B M.R.S. § 102(29),
as may be amended or recodified. In addition, this chapter does not
authorize the operation of medical cannabis "caregiver retail stores,"
medical cannabis "manufacturing facilities," medical "cannabis testing
facilities," or medical cannabis "registered dispensaries," as those
terms are defined in 22 M.R.S. §§ 2422(1-F), 2422(4-R),
2422(5-C), and 2422(6), respectively, as may be amended or recodified.
D.
This chapter does not, and shall not be interpreted to limit the
rights and privileges afforded by the Maine Medical Use of Cannabis
Act, 22 M.R.S. § 2421 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
A "cardholder," as that term is defined in 22 M.R.S. § 2422(1),
as may be amended or recodified.
A "disqualifying drug offense," as that term is defined in
22 M.R.S. § 2422(4), as may be amended or recodified.
The parcel of property, i.e., a lot on the tax maps of the
Town of Cumberland, where a registered caregiver is licensed to operate,
consistent with a registered caregiver license issued by the Town
Council under this chapter.
Cannabis possessed or used by a qualifying patient for medical
use, in accordance with 22 M.R.S. § 2423-A, as may be amended
or recodified. For the avoidance of doubt, "medical cannabis" does
not refer to cannabis possessed or used by an individual of at least
21 years of age for recreational purposes, as more particularly defined
and permitted by Title 28-B of the Maine Revised Statutes, as may
be amended or recodified.
A "qualifying patient," as defined in 22 M.R.S. § 2422(9),
as may be amended or recodified.
(3), as may be amended or recodified.
An indoor area enclosed by four walls and a permanent roof,
including but not limited to a greenhouse, used by a registered caregiver
for cultivation of medical cannabis that is enclosed and equipped
with locks or other security devices that permits access only by a
person authorized to have access to the area under Maine law. For
the avoidance of doubt, the cultivation of cannabis outside of an
enclosed, roofed space, is expressly prohibited.
A.
No registered caregiver may operate within the Town of Cumberland in a physical location that is not within the Registered Caregiver Overlay District, as established and defined in § 315-28.5 of the Town of Cumberland Code of Ordinances, unless: (i) that registered caregiver was legally existing and operating in that physical location prior to November 26, 2018, and has not materially expanded their operation since that date, or (ii) that registered caregiver was legally existing and operating in a physical location within the Village Center Commercial District, as is more specifically shown on the Official Zoning Map of the Town of Cumberland, prior to January 24, 2022, and has not materially expanded operation since that date.
B.
Regardless of its physical location, beginning on the effective date
of this chapter, no registered caregiver may operate within the Town
of Cumberland without first receiving a registered caregiver license
from the Town Council in a manner consistent with the procedures and
requirements of this chapter.
A.
This chapter shall be effective upon adoption by the Town Council. All registered caregivers operating within the Town of Cumberland on the effective date shall submit licensing applications to the Town Clerk within 90 days of the effective date. Failure to do so shall subject a registered caregiver to enforcement action, and potential civil penalties, as detailed in § 170-13 of this chapter.
B.
All licenses and renewals of licenses issued on or before May 31,
2023, shall expire thereon. Thereafter, all licenses issued under
this chapter shall be effective on June 1 and shall expire on May
31 of each year.
A.
The operation or performance of conduct consistent with a registered
caregiver without first receiving a registered caregiver license from
the Town Council shall be considered a violation of this chapter,
subjecting the violating party to civil fines and other penalties
as further outlined herein.
B.
The Town Council shall be empowered to issue licenses to individuals
to operate as registered caregivers in the Town of Cumberland. Registered
caregiver licenses issued under this chapter shall be reviewed and
approved, approved with conditions, or denied at a Town Council meeting
to be held following public notice and public hearing.
C.
Each applicant for a new registered caregiver license shall complete
and file an application on a form prescribed by the Town Council.
Applications for new registered caregiver licenses shall be accompanied
by a $2,000 nonrefundable application fee. Such applications shall
contain the following:
(1)
Evidence of state registration and other approvals (if any) required
to operate as a registered caregiver, including but not limited to
the registered caregiver's caregiver registration card issued
by the Maine Office of Cannabis Policy.
(2)
A description of the form of ownership of the business enterprise
together with the 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
registered caregiver operation.
(3)
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.
(4)
Evidence of all land use approvals or conditional land use approvals
required to operate a registered caregiver pursuant to the Town of
Cumberland Code of Ordinances, including, but not limited to, a building
permit, a site plan approval, and/or a certificate of occupancy.
(5)
If the proposed licensed premises is not owned by the applicant,
then a signed letter of approval from the proposed licensed premises'
owner shall be provided.
(6)
A detailed depiction of the proposed licensed premises.
(7)
All other information necessary for the applicant to demonstrate compliance with all performance standards imposed by § 170-9 of this chapter, including but not limited to documentation and other supporting information regarding: (i) access to the proposed licensed premises, (ii) safety and security of the proposed licensed premises, (iii) a ventilation plan for the proposed licensed premises, (iv) a waste disposal plan for the licensed premises, (v) certificates of insurance demonstrating coverage and terms consistent with the requirements of this chapter, and (vi) an operations plan for the proposed licensed premises.
D.
Registered caregiver license applicants submitting applications and
supporting information that is confidential under 22 M.R.S. § 2425-A(12),
as may be amended or recodified, and the Maine Freedom of Access Act,
1 M.R.S. § 403(3)(F), as may be amended, shall mark such
information as confidential. An individual who possesses a valid state
medical cannabis registered caregiver registration card need not identify
themselves in an application for a registered caregiver license under
this chapter. The cardholder must, however, identify themselves and
provide all relevant application materials to the Town Clerk for examination,
but the identity of the cardholder shall not be a public record and
the Town shall not share the identity of the cardholder, except as
necessary by law in the performance of the Town's official functions.
At the time that the application is submitted, the cardholder may
appoint a representative to appear before the Town Council on their
behalf. Advertisements for the requisite public hearing shall contain
the location of the proposed licensed premises and the identity of
the owner of the real estate and the identity of the designated representative.
E.
The Town Council may only issue one registered caregiver license
to a single business, individual, or owner. For purposes of this restriction,
a "business" or "owner" shall include a separate business entity where
the majority of ownership interests are held by the same individual(s)
or entity/entities.
A.
The Town Council shall hold a public hearing within 60 days of receipt
of a completed licensing application or renewal application, as determined
by the Town Clerk. At such a public hearing, the testimony of the
applicant and that of any interested members of the public shall be
taken.
B.
Property owners whose property lines are within 500 feet of the proposed
licensed premises shall be notified in writing by the Town of the
public hearing for the initial licensing application and all subsequent
licensing renewals sought.
C.
Following a public hearing, the Town Council shall consider the application
and determine whether the application is consistent with all provisions
of this chapter, as well as all other applicable portions of the Town
of Cumberland Code of Ordinances. In line with this determination,
applications for licensure shall be granted, granted with conditions,
or denied by the Town Council. Conditions may be imposed on any registered
caregiver license issued pursuant to this chapter as necessary to
protect the health, safety, and welfare of the public and to achieve
the goals and objectives of this chapter.
D.
A registered caregiver license and any renewal thereof shall be valid
from June 1 to May 31 of each year, and must be renewed annually.
A.
Renewal applications. Applications for renewal of a registered caregiver
license previously issued under this chapter shall be submitted to
the Town Clerk at least 60 days prior to the expiration of the existing
license, and shall contain:
(1)
Evidence of state registration and other approvals (if any) required
to operate as a registered caregiver, including but not limited to
the registered caregiver's caregiver registration card issued
by the Maine Office of Cannabis Policy;
(2)
Certificates of insurance demonstrating coverage and terms consistent
with the requirements of this chapter;
(3)
Any updates to the information required to be submitted in the licensee's
original application by § 170-6(C)(2) and (3) of this chapter;
and
(4)
A nonrefundable application fee of $1,000.
B.
CEO review and memorandum. Complete applications for renewal of a
registered caregiver license shall be forwarded by the Town Clerk
to the CEO. Following receipt, the CEO shall conduct a daylight inspection
of the licensed premises to determine compliance of the same with
all applicable ordinances and codes, including but not limited to
this chapter. Following their inspection, the CEO shall prepare a
memorandum for the Town Council detailing: (i) any complaints or calls
for service received in connection with the licensee and/or the licensed
premises during the previous year by any Town department, including
but not limited to fire, EMS, police, and code enforcement (copies
of all reports created in connection with the above-referenced complaints
shall be attached to the memorandum); (ii) the conclusions reached
by the CEO following their inspection as to the compliance of the
licensed premises with all applicable codes and ordinances; and (iii)
the CEO's recommendation to the Town Council on the suitability
of the registered caregiver license for renewal.
C.
Renewal procedure. Upon receipt of the CEO's memorandum, consistent with § 170-8(B), above, the Town Clerk shall forward the renewal application and the CEO's memorandum to the Town Council for consideration. The Town Council shall review and decide on the renewal application consistent with the procedures of § 170-7 of this chapter.
No registered caregiver license may be granted or renewed by
the Town Council and no registered caregiver may operate, even after
issuance of a registered caregiver license, except in compliance with
the performance standards contained in this section. Such performance
standards shall automatically be incorporated into all registered
caregiver licenses granted by the Town Council as conditions of approval:
A.
Access. Convenient and safe access for the ingress and egress of
pedestrian and vehicular traffic exists.
B.
Traffic. The establishment of a registered caregiver operation will
not create an unreasonable increase in the frequency or intensity
of vehicle traffic in proximity to the licensed premises.
C.
Location. No registered caregiver may operate in a location that
is less than 500 feet from the property line of a pre-existing public
or private school serving grades Pre-K through 12th grade, or a day-care
center licensed by the State of Maine.
D.
Safety.
(1)
Where an electrical system is installed within the licensed premises,
it shall be installed and maintained in accordance with the provisions
of the applicable state standards and regulations and the Town's
electrical codes.
(2)
The licensed premises shall be maintained and used in a manner as
to prevent fire and in accordance with the applicable local fire prevention
regulations.
(3)
Internal and external foot traffic and security control shall meet
requirements of the applicable state and local law enforcement agencies.
(4)
The Town of Cumberland Police and Fire Departments have determined
that adequate public safety protection equipment is available to provide
service to the licensed premises.
E.
Noise. No amplification of sound shall occur on or from the licensed
premises as measured by a sound-level meter and frequency-weighting
network (manufactured according the standards prescribed by the American
National Standards Institute), inherently and recurrently generated,
shall not exceed a maximum of 60 decibels, as detected at any lot
line of the licensed premises.
F.
Number of plants; location of cultivation area. A licensee may not
possess or cultivate more than 30 mature cannabis plants, or 500 square
feet of plant canopy, and 60 immature plants on a licensed premises.
All cannabis must be cultivated in an indoor registered caregiver
cultivation area, as that term is defined in this chapter. No outdoor
cultivation or storage of cannabis is allowed.
G.
Cannabis cultivation by a registered caregiver is prohibited where
any portion of the licensed premises lies within the Shoreland Zone.
H.
Ventilation. All registered caregivers shall have an odor mitigation
system installed within the licensed premises, the design of which
has been approved by a Maine licensed engineer. The odor control system
installed shall be sufficient to ensure that no odors will be perceptible
from any adjoining property line of the licensed premises.
I.
Waste disposal. Any cannabis waste generated on the licensed premises
must be disposed of in a manner consistent with all rules established
by the Maine Office of Cannabis Policy, as the same may be amended
from time to time. The licensed premises shall not dispose of waste
and/or residue from the growth, cultivation, processing, and storage
of medical cannabis in an unsecured waste receptacle not in its possession
and control.
J.
Loitering. The registered caregiver shall make adequate provisions
to prevent qualifying patients or other persons from loitering on
the licensed premises. It shall be the licensee's obligation
to ensure that anyone found to be loitering or using cannabis or cannabis
products in the parking lot or other outdoor areas of the licensed
premises is ordered to leave.
K.
Security. The licensed premises must meet the following security
requirements:
(1)
The licensed premises shall have lockable doors and windows and shall
be served by an alarm system that includes both an audible alarm and
a police department notification component. Said alarm systems must
also be professionally monitored, and maintained in good working condition.
(2)
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 24 hours per day,
seven days per week, and video shall be retained for a minimum duration
of 30 days. Such records shall be made available to law enforcement
agencies when investigating a criminal complaint.
L.
Insurance; indemnification.
(1)
Each licensee shall procure and maintain occurrence-based commercial
general liability insurance coverage in the minimum amount of $1,000,000
per occurrence/$2,000,000 aggregate for bodily injury, death, and
property damage. Such coverage shall not include any bodily injury
or property damage restrictions or exclusions associated with cultivation
or sale of medical cannabis.
(2)
Evidence of insurance required herein shall be a condition of the
issuance of any registered caregiver license under this article, and
shall be submitted to the Town as part of the applicant's license
application. Certificates shall guarantee 10 days' notice to
the Town of termination of insurance or any material change from the
insurance provider or agent. The Town's acceptance or lack of
such evidence shall not be construed as a waiver of the applicant's
obligation to obtain and maintain such insurance as required by this
chapter.
(3)
By accepting a registered caregiver license from the Town, the licensee
knowingly and voluntarily waives, releases, and discharges the Town
from all claims, causes of action and demands, both known and unknown,
which it has ever had, or may have against the Town, officers, agents,
employees, representatives, insurers, successors, and assigns for
any injuries, damages or liabilities, resulting from the arrest, prosecution
or other consequence of the registered caregiver or its parties of
control for a violation of local, state or federal laws, rules or
regulations.
M.
Frequency of patient visits; hours of operation. If the licensed premises are not located within the registered caregiver Overlay District, as shown on the Town of Cumberland's Official Zoning Map and further defined in § 315-28.5 of the Town of Cumberland Code of Ordinances, a registered caregiver may not sell or dispense cannabis to more than five qualifying patients in a twenty-four-hour period and may only do so between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
N.
Limit on registered caregiver licenses per licensed premises.
(1)
No more than one registered caregiver license may be granted for
a licensed premises that is located both (i) outside of the registered
caregiver Overlay District, and (ii) outside of the Village Center
Commercial District;
(2)
No more than two registered caregiver licenses may be granted for
a licensed premises located within the Village Center Commercial District.
(3)
No more than two registered caregiver licenses may be granted for
a licensed premises located within the registered caregiver Overlay
District.
(4)
For the avoidance of doubt, registered caregivers seeking to operate
on the same licensed premises must each receive and maintain a separate
registered caregiver license consistent with this chapter.
O.
No caregiver retail stores. The Town of Cumberland does not allow
medical cannabis "caregiver retail stores," as that term is defined
in 22 M.R.S. § 2422(1-F), as may be amended. As such, licensees
shall not: (a) post regular business hours for the licensed premises
on said licensed premises or in any advertising or marketing materials;
(b) allow access to the licensed premises by members of the general
public; (c) permit more than two qualifying patients to enter the
licensed premises for the purposes of purchasing or otherwise receiving
medical cannabis at a time; (d) permit qualifying patients to enter
the licensed premises without first having an appointment to do so;
(e) sell goods or services other than medical cannabis, including
but not limited to t-shirts, hats, mugs, or other such merchandise,
directly to any qualifying patient; or (f) operate the licensed premises
with any other attribute that is generally associated with retail
stores.
P.
Signs. All licensees shall display a sign on the licensed premises to enable emergency responders to locate said licensed premises. Such signs may only contain the licensee's business name or trade name and the street address of the licensed premises, both of which shall be displayed in plain, non-stylized typeface. No additional content, including logos, are permitted. All such signs must receive a sign permit from the Code Enforcement Officer prior to installation or erection, and shall comply in all respects with § 315-63 of the Town of Cumberland Code of Ordinances.
A licensee and its agents and employees shall, at any reasonable
time, permit inspection of the licensed premises by the Town if necessary
to ensure compliance with the provisions of this chapter or any other
applicable portion of local ordinance or state law.
A.
Any applicant requesting a registered caregiver license from the
Town Council shall be notified in writing of the Town Council's
decision no more than 14 calendar days from the date of the Town Council's
decision. In the event that a license application is denied, or is
granted with conditions, the applicant shall be provided with the
reasons for the denial or the conditional grant in writing. The applicant
may not reapply within 30 days after an application for a license
that has been denied.
B.
The Town Council may, after notice and hearing, suspend or revoke
a registered caregiver license issued under this chapter if the licensee,
or any of the licensee's officers, members, directors, or partners:
(1)
Fails to maintain compliance with all requirements of this chapter,
or with any applicable provision of state law or administrative regulation,
including but not limited to 22 M.R.S. § 2421 et seq., as
may be amended or recodified;
(2)
Has not acquired and maintained all necessary State of Maine and
local approvals prior to and during the term of the license;
(3)
Has been convicted of a disqualifying drug offense;
(4)
Has had a license issued under this chapter, or any other applicable
state or local approval revoked;
(5)
Has provided false or misleading information in connection with the
license application; or
(6)
Has, after receiving written notice and demand, refused to allow
the licensed premises to be inspected for compliance with this chapter,
or has otherwise interfered with a Town officer, official, or employee's
performance of their official duties.
Any appeal of a decision of the Town Council to grant, grant
with conditions, deny, suspend, or revoke a registered caregiver license
pursuant to this chapter, shall be to Maine Superior Court within
30 days of the date of the decision, in a manner consistent with Rule
80B of the Maine Rules of Civil Procedure.
The Town of Cumberland shall enforce this chapter through its
Code Enforcement Officer. In addition to revocation and/or suspension
of a registered caregiver license as provided in this chapter, any
violations of this chapter shall be subject to a minimum fine of $100
per day and a maximum fine of $2,500 per day, pursuant to 30-A M.R.S.
§ 4452. Each day that a violation remains constitutes a
separate violation. The Town Council, or its authorized agent, is
authorized to initiate legal proceedings in Maine District Court to
enjoin the unlawful operation of a registered caregiver, as provided
in this chapter. If the Town is the prevailing party in such proceedings,
the Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
The Town Council may, in its discretion, waive any of the requirements under § 170-6 of this chapter if it finds the submittal of certain materials is unnecessary or irrelevant to the review of a particular registered caregiver license application.
A registered caregiver license may not be assigned or transferred
to another person or entity. Any change in ownership or change in
officers of the licensee requires a new license. The new owners of
any registered caregiver, as defined in this chapter, shall apply
to the Town Council for a new license prior to beginning operation.
Registered caregiver licenses are limited to the premises for which
they are issued and are not transferable to any other property. All
licensees who desire to relocate to a new location shall apply to
the Town Council or its designee for a new license and if approved
they shall relinquish their permit/license from the previous location.
Should any section or provision of this chapter be declared
by any court of competent jurisdiction to be invalid, such decision
shall not invalidate any other section or provision of this chapter.
