Maine Revised Statutes

§2449. Local licensing

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 2/1/18)
1. Municipality may regulate retail marijuana establishments and retail marijuana social clubs.  A municipality may regulate the location and operation of retail marijuana establishments and retail marijuana social clubs pursuant to Title 30-A, chapter 187, subchapter 3. A municipality may adopt and enforce regulations for retail marijuana establishments and retail marijuana social clubs that are at least as restrictive as the provisions of this chapter and any rule adopted pursuant to this chapter. Nothing in this chapter prohibits the registered voters of a municipality from calling for a vote on any regulations adopted by a municipal legislative body.
[ IB 2015, c. 5, §1 (NEW) .]
2. Municipal approval required.  A retail marijuana establishment or retail marijuana social club may not operate until it is licensed by the state licensing authority pursuant to this chapter and approved by the municipality in which it is located. If an application is denied by the municipality, the licensee has 90 days to locate and obtain legal interest in another property in a municipality that approves of the retail marijuana establishment or retail marijuana social club before the license is revoked.
[ IB 2015, c. 5, §1 (NEW) .]
3. Notice and portion of fee must be given to municipality.  When the state licensing authority receives an application for original licensing, or renewal of an existing license, for any retail marijuana establishment or retail marijuana social club, the state licensing authority shall, within 7 business days, provide a copy of the application and 50% of the licensing fee to the municipality in which the establishment or club is to be located. The municipality shall determine whether the application complies with the local land use ordinance and any other restrictions on time, place, manner and the number of marijuana businesses within the municipality. The municipality shall inform the state licensing authority whether the application complies with the local land use ordinance and other local restrictions.
[ IB 2015, c. 5, §1 (NEW) .]
4. Municipality may impose licensing requirement.  A municipality may impose a separate local licensing requirement as a part of its restrictions on time, place, manner and the number of marijuana businesses. A municipality may decline to impose any local licensing requirements, but a municipality shall notify the state licensing authority that it either approves or denies each application forwarded to it within 14 business days.
[ IB 2015, c. 5, §1 (NEW) .]
5. Public hearing notice.  The following provisions govern local public hearings and notice.
A. If a municipality issues local licenses for a retail marijuana establishment or retail marijuana social club, a public hearing on the application may be scheduled. If the municipality schedules such a hearing, it shall post and publish public notice of the hearing not less than 10 days prior to the hearing. The municipality shall give public notice by posting a sign in a conspicuous place on the premises identified in a local license application and by publication in a newspaper of general circulation in the county in which the premises are located. [IB 2015, c. 5, §1 (NEW).]
B. If a municipality does not issue local licenses, the municipality may give public notice of the state application by posting a sign in a conspicuous place on the premises identified in the application and by publication in a newspaper of general circulation in the county in which the premises are located. [IB 2015, c. 5, §1 (NEW).]
[ IB 2015, c. 5, §1 (NEW) .]
6. Effective date.  This section takes effect February 1, 2018.
[ 2017, c. 1, §11 (NEW) .]
SECTION HISTORY
IB 2015, c. 5, §1 (NEW). 2017, c. 1, §11 (AMD).