RETAIL MARIJUANA - PLANNING { Planning Board Report to Council
l Regarding Zoning Amendment ,I
City sarm
In the year two thousand and seventeen
An Onfiwnato amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Sal.em, as follows:
Section 3.0 Table ofPrincipal and Accessory Uses.
Section 1.
Amend Section 3.0 Table of Principal and Accessory Uses to include the following new uses:
The following uses shall be permitted as set forth in'the Table of Principal and Accessory Use
Regulations._. ry
RCtN
R2 R3 B1 B2 B4 B5 I BPD
Retail Marijuana NN N NBA BA N BA BA
Cultivator
Marijuana Product N N N N N N I N N BA BA
Manufacturer
Marijuana Testing N N N N N Y N N BA Y
Facility
Marijuana Retailer N N N N N I BA BA N BA BA
Section 2. This Ordinance shall take effect as provided by City Charter
In City Council September 28, 2017
Referred to the Planning Board to schedule a joint.public hearing with the City Council
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
City of Salem
In the year two thousand and seventeen
At Ordtnattce to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
The following is an amendment to Section 6.0-Special Regulations of Salem Zoning Ordinance:
Section 1.
Section 6.10-Marijuana Establishments
M.G.L. c. 94G,authorizes a system of state licensing for businesses engaging in the cultivation,
testing, processing and manufacturing, and retail sales of marijuana, collectively referred to as
"marijuana establishments." In addition to the discretion the city has to issue a letter of support
or non-opposition to a potential licensee to the state licensing authority, Section 3 of M.G.L. c.
94G allows cities to adopt ordinances that impose reasonable safeguards on the operation of
marijuana establishments, provided they are not unreasonably impracticable and are not in
conflict with the law.
Section 6.10.1 Purpose
The purpose of this ordinance is to allow state-licensed retail marijuana establishments to exist in
the City of Salem in accordance with applicable state laws and regulations and impose
reasonable safeguards to govern the time, place and manner of marijuana establishment
operations and any business dealing in marijuana accessories in such a way as to ensure public
health, safety, well-being, and undue impacts on the natural environment as it relates to
cultivation, processing and manufacturing subject to the provisions of this Zoning Ordinance,
M.G.L. c. 40A, and M.G.L. c. 94G.
Section 6.10.2 Applicability,Effective Date
This section applies to all marijuana establishments including marijuana cultivators, testing
facilities,product manufacturers, processors, and retailers licensed by the Commonwealth
pursuant to M.G.L. c. 94G.
Under M.G.L. c. 94G, experienced marijuana establishment operators including medical
marijuana treatment centers as defined in Chapter 369 of the Acts of 2012 with a registration in
good standing, or a reorganized marijuana business established by a vote of at least 2/3 of the
Board of Directors of any entity that submitted an application for a registration to operate a
medical marijuana treatment center to the Department of Public Health before October 1,2015
and was issued a provisional registration to operate a medical marijuana treatment center by the
Department of Public Health are also subject to this Zoning Ordinance should an experienced
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marijuana establishment operator of a medical marijuana treatment center convert into a retail
marijuana establishment.
Section 6.10.3 Definitions
The following definitions, consistent with M.G.L. c. 94G, shall apply in the interpretation and
enforcement of this section:
1. Marijuana cultivation facility- an entity licensed to cultivate,process and package
marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to
other marijuana establishments, but not to consumers.
2. Marijuana manufacturing facility- 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.
3. Marijuana testing facility- an entity licensed to test marijuana and marijuana products,
iiicluding certification for potency and the presence of contaminants.
4. Marijuana retailer- 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.
Section 6.10.4 Special Permit Required
The Zoning Board of Appeals may grant a special permit for marijuana establishments, as
defined in M.G.L. c. 94G, in accordance with the standards set forth in this section and the
general criteria for granting a special permit contained in section 9.4 of the Zoning Ordinance.
Section 6.10.5 Requirements
1. It shall be unlawful for any person to operate a marijuana establishment without
obtaining a special permit to operate pursuant to the requirements of this Ordinance.
2. A separate special permit is required for each different marijuana establishment detailed
in section 6.10.3, above. In the case that one or more different types of marijuana
establishments are proposed, each establishment type shall require a special permit from
the Zoning Board of Appeals.
3. The special permit requirements set forth in this chapter shall be in addition to, and not in
lieu of, any other licensing and permitting requirements imposed by any other federal,
state, or local law.
4. The issuance of a special permit pursuant this chapter does not create an exception,
defense, or immunity to any person or entity in regard to any potential criminal liability
the person or entity may have for the production, distribution, or possession of marijuana.
5. A special permit issued for a marijuana establishment is not transferable or assignable to
a different location or a different type of marijuana establishment.
Section 6.10.6 General Provisions
The following apply to all marijuana establishments as defined above and in M.G.L. c. 94G,
including marijuana cultivation facilities, manufacturing facilities, testing facilities, and retail
establishments:
1. Security, Operations, and Emergency Plans. All marijuana establishments shall file a
security plan, operation and management plan, and emergency plan with the Salem Police
Department:
a. Security Plan
i. The petitioner shall submit a security plan to the Salem Police
Department and Department of Planning and Community
Development, in conformance with the requirements of the Salem
Police Department, to demonstrate that there is limited undue burden
on city public safety officials as a result of the proposed business prior
to the issuance of a certificate of occupancy.
ii. The security plan shall include the details of all security measures for
the site and the transportation of marijuana and marijuana products to
and from off-site premises to ensure the safety of employees and the
public and to protect the premises property from theft or other criminal
activity.
b. Operation and Management Plan
All marijuana establishments shall submit an operation and management
plan to the Building Department which shall include,but not be limited to
the following elements: Organizational Structure, Location, Property
Description, Hours of Operation and Staffing, description of proposed
operations, distribution practices, employee safety, general compliance,
fire prevention, sanitation requirements, electrical system overview,
proposed energy demand and proposed electrical demand off-sets,
ventilation system and air quality, proposed water system and utility
demand prior to the issuance of a building permit.
C. Emergency Response Plan
All marijuana establishments shall meet with the Salem Fire Department
and the Salem Police Department to discuss and identify emergency
plans/contingency plans for the site prior to the issuance of a certificate of
occupancy. A written Emergency Response Plan shall be filed with the
Salem Fire Department and the Salem Police Department pursuant to
M.G.L. c. 94G, §12.
2. A marijuana establishment may only be involved in the use permitted by its definition.
Retail marijuana establishments may only be located in buildings with other uses,
including other types of marijuana establishments, only if the marijuana establishment is
separated by full walls from the other use.
3. All marijuana establishments shall be within a fully enclosed building.
4. Marijuana establishments shall not be located in mobile structures.
5. Pursuant to M.G.L. c. 94G, §5(b)(3), a marijuana establishment shall not be located
within 500 feet of a pre-existing public or private school providing education in
kindergarten or any of grades 1 through 12. A marijuana establishment which is
proposing a location within 500 feet of any church, library, institution of higher
education, licensed daycare, nursery school, or playground must provide written notice of
its intention to these entities prior to or in conjunction with any request for a letter of
support or non-opposition and/or the application for a special permit.
6. Marijuana establishments shall, at a minimum,meet the requirements imposed on
registered marijuana dispensaries for storage.
7. No odor from marijuana establishments may be noxious or cause a public nuisance.
8. No retail marijuana establishment shall be managed by any person other than the licensee
or their assign. Such licensee or assign shall be on the premises during regular hours of
operation and responsible for all activities within the licensed business and shall provide
up to date emergency contact information for the Salem Police Department to have on
file.
9. All waste disposal, shall at a minimum, meet the requirements imposed on registered
marijuana dispensaries for disposal to prevent exposure to the public or create a nuisance.
10. The marijuana establishment shall remove all material,plants, equipment, and any other
retail marijuana establishment items upon ceasing its operation.
11. All business signage shall be subject to the requirements to be promulgated by the
Cannabis Control Commission and the requirements of Sections 4-31 through 4-60 of the
Code of Ordinances.
12.No marijuana shall be smoked, eaten, or otherwise consumed or ingested within any type
of licensed marijuana establishment.
13. Hours of operation for marijuana retailers shall be consistent with those of package stores
licensed under M.G.L. c. 138.
Section 6.10.7 Application Procedure and Submission Requirements
If a Special Permit is required by Section 3.0 Table o Principle and Accessory Uses of th
.f P ry e
Zoning Ordinance, the petitioner (Applicant) shall submit a standard petition form and materials
of the Zoning Board of Appeals application in addition to the following required materials:
1. Applicant shall submit proof of approval from the Commonwealth of Massachusetts
for the proposed marijuana establishment by submitting copies of all required
registrations, licenses and permits issued to the applicant by the state and any of its
agencies for the facility as well as the letter of support or non-opposition issued by
the city.
2. The Applicant shall submit proof of site control and right to use the premises
proposed for the marijuana establishment and may include a deed, notarized
statement from the property owner and a copy of the lease agreement, or real estate
contract contingent upon successful licensing, or a letter of intent by the owner of the
premises indicating intent to lease the premises to the petitioner contingent upon
successful permitting.
3. In addition to complying with any other state or city requirement related to good
character and criminal background, any person or entity proposed to have interests in
the license to operate a marijuana establishment shall not have committed any
marijuana licensing violation affecting public safety, or received any suspension or
revocation of any other state or local marijuana business licenses.
4. A statement signed by the organization's chief executive officer disclosing all of its
designated owners, including officers, directors,partners, managers, or other similarly
situated individuals. If any of the above are entities rather than persons, the Applicant
must disclose the identity and current contact information of all responsible
individuals.
5. A detailed description of the proposed activities to occur on site in relation to the
standard special permit criteria set out in Section 9.4 of the Salem Zoning Ordinance
and specific requirements set forth in this chapter.
6. The petitioner shall submit a security plan to the Salem Police Department and the
Department of Planning and Community Development, in conformance with the
requirements of the Salem Police Department, to demonstrate that there is limited
undue burden on city public safety officials as a result of the proposed business prior
to the issuance of a certificate of occupancy.
7. The petitioner shall submit an operation and management plan to the Salem Police
Department and the Department of Planning and Community Development.
8. The petitioner shall submit a copy of an Emergency Response Plan to the Salem
Police Department, the Salem Fire Department, and the Department of Planning and
Community Development.
9. The petitioner shall submit proof that it provided notification in writing to all
churches, libraries, institutions of higher education, licensed daycares, nursery
schools, or playgrounds within 500 feet of its proposed location to provide them with
the opportunity to comment at the Board of Appeals.
Section 610.8 Special Permit Findings
In addition to the findings for a special permit in Section 9.4 of the Zoning Ordinance, the
Zoning Board of Appeals must also make the following findings:
1. The applicant demonstrates that the marijuana establishment will meet all of the
permitting requirements of all applicable agencies within the Commonwealth and will be
in compliance with all applicable state laws and regulations, including, but not limited to
M.G.L. c. 94G, §12 General Marijuana Establishment Operation.
2. The applicant has satisfied all of the conditions and requirements of this section and other
applicable sections of the Zoning Ordinance and any applicable city ordinances.
3. The facility provides adequate security measures to ensure that there are not direct threats
to the health or safety of employees, staff, or members of the public and that storage and
location of cultivation is adequately secured.
Section 6.10.9 Requirements Specific to Marijuana Cultivation Facilities
As the cultivation and processing of marijuana is not considered agriculture under M.G.L. c. 128,
§IA, and is subject to M.G.L. c. 94G, §12, the following restrictions to ensure the health, safety,
well-being of the public, and limit undue impacts on the natural environment as it relates to
cultivation, shall apply:
1. All marijuana cultivation facilities shall off-set 100%of their electricity consumption
through at least 50% of on-site generation facilities, New England based renewable
energy credits, and/or an equivalent that is subject to approval of the city.
2. All marijuana cultivation facilities shall use high-efficiency lights and equipment to limit
energy and water usage demand.
3. All marijuana cultivation facilities shall use LEDs for all fixtures except for those that are
used in flowering rooms. High Pressure Sodium grow lights may be used for no more
than fifty percent (50%) of the total square footage of the cultivation area to maximize
flowering conditions and limit electricity demand.
4. No more than one-half of the marijuana plans may be mature, flowering plants.
5. No pesticides, insecticides, or other chemicals shall be used in the cultivation of
marijuana.
6. Marijuana cultivators shall comply with all regulations that may be promulgated by the
Cannabis Control Commission.
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Section 6.10.10 Requirements Specific to Marijuana Manufacturing Facilities
Marijuana manufacturing facilities shall be subject to M.G.L. c. 94G, §12 and the following
restrictions to ensure the health, safety, and well-being of the public, and limit any undue impacts
on the natural environment as it relates to manufacturing, shall apply:
1. All marijuana manufacturing facilities shall off-set 100% of their electricity consumption
through at least 50% of on-site generation facilities, New England based renewable
energy credits, and/or an equivalent that is subject to approval of the city.
2. All marijuana manufacturing facilities shall use high-efficiency lights and manufacturing
equipment to limit energy and water usage demand.
3. All marijuana manufacturing facilities shall comply with all regulations that may be
promulgated by the Cannabis Control Commission.
Section 6.10.11 Requirements Specific to Marijuana Testing Facilities
1. All marijuana testing facilities shall use high-efficiency lights and equipment to limit
energy and water usage demand.
2. Marijuana testing facilities shall be subject to the requirements of M.G.L. c. 94G, §15
and any regulations that the Cannabis Control Commission may promulgate thereunder to
ensure there are no undue impacts on the health, safety, and well-being of the public.
Section 6.10.12 Requirements Specific to Marijuana Retailer Establishments
Marijuana retailers shall be subject to M.G.L. c. 94G, §12 and the following restrictions to
ensure there are no undue impacts on the health, safety, and well-being of the public:
1. As defined in M.G.L. c. 94G, and as established in section 24-30 of the Code of
Ordinances, the number of marijuana retailers shall be limited to no more than 20%of the
number of licenses issued within the city for the retail sale of alcoholic beverages not to
be drunk on the premises where sold under M.G.L. c. 138, §15.
2. All marijuana retail establishments shall comply with all regulations that may be
promulgated by the Cannabis Control Commission.
Section 6.10.13 Unlawful Acts
1. It shall be unlawful for any person to operate any marijuana establishment in the city
without a valid license issued by the state licensing authority under the M.G.L. c. 94G.
2. When a marijuana establishment has received a renewal license from the state, the
business shall submit a copy to the Department of Planning and Community
Development and the Building Department within thirty (30) days of receipt.
3. It shall be unlawful for any person to operate any retail marijuana, marijuana product
manufacturing, or marijuana cultivation establishment without a special permit from the
City of Salem Zoning Board of Appeals.
Section 6.10.14 Severability
If any provision of this section is invalidated by subsequent legislation or regulation, or held to
be invalid by a court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions, which shall remain in full force and effect.
Section 2. This Ordinance shall take effect as provided by City Charter.
In City Council September 28, 2017
Referred to the Planning Board to schedule a joint public hearing with the City Council
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
MTOFS/7LEM
In the year Two Thousand and Seventeen
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. The following is an amendment to Section 10.0. Definitions by adding the
following terms and definitions:
Amend Section 10.00 Definitions of the City of Salem Zoning Ordinance to add the
following terms and definitions:
"Marijuana establishment", a marijuana cultivator, marijuana testing facility,
marijuana product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business.
"Marijuana cultivator", an entity licensed to cultivate, process and package
marijuana, to deliver marijuana to marijuana establishments and to transfer
marijuana to other marijuana establishments, but not to consumers.
"Marijuana product manufacturer", 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.
"Marijuana testing facility", an entity licensed to test marijuana and marijuana
products, including certification for potency and the presence of contaminants.
"Marijuana retailer', 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.
"Marijuana processing", to harvest, dry, cure, trim and separate parts of the
marijuana plant by manual or mechanical means.
"Marijuana Manufacturing", to compound, blend, extract, infuse or otherwise
make or prepare a marijuana product.
"Marijuana" or "Marihuana", all parts of any plant of the genus Cannabis, not
excepted below and whether growing or not; the seeds thereof; and resin
extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin including
tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws;
provided that "Marijuana" shall not include:
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the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the
plant that is incapable of germination;
(2) Hemp; or
(3) The weight of any other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink or other products.
"Marijuana accessories",equipment, products, devices or materials of any kind that are intended
or designed for use in planting,propagating, cultivating, growing,harvesting, manufacturing,
compounding, converting,producing,processing,preparing,testing, analyzing,packaging,
repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the
human body.
"Marijuana products",products that have been manufactured and contain marijuana or an extract
from marijuana, including concentrated forms of niai juana and products composed of marijuana
-- and-othe ingredients that are-intended foruse or consumption,-including'edible-products;---- --
beverages, topical products,ointments, oils and tinctures.
Section 2. This Ordinance shall take effect as provided by City Charter.
In City Council September 28, 2017
Referred to the Planning Board to schedule a joint public hearing with the City Council
ATTEST: CHERYL A. LAPOINTE
CITY CLERK