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8-12.4   Membership, Appointment, Term.
   (A)   The Committee shall consist of nine members. Five of the members shall be appointed as required by the Community Preservation Act, M.G.L. Chapter 44B, Section 5, as follows:
      (1)   One member of the Boston Conservation Commission shall be designated by said commission;
      (2)   One member of the Boston Landmarks Commission shall be designated by said commission;
      (3)   One member of the Parks and Recreation Commission shall be designated by said Commission;
      (4)   As Boston possesses no Planning Board established under M.G.L. Chapter 41, Section 81A, one representative of the Boston Redevelopment Authority, d.b.a. the Boston Planning and Development Agency, shall be designated by said Agency; and
      (5)   The Boston Housing Authority being constituted without a board, one representative of the Boston Housing Authority to be designated by said Authority.
   (B)   Four additional members shall be appointed by the Boston City Council as follows.
      (1)   The Boston City Council shall establish by order a special committee which shall concern itself with nominating persons for consideration by the full Boston City Council for appointment to the Committee. When making its recommendations and to ensure that all interests are represented, the Special Committee shall nominate one person that has experience in development, business, finance or any combination thereof and one person that has expertise in open space, affordable housing, historic preservation or any combination thereof. In addition to the aforementioned members, the special committee shall also nominate two persons that have a history of involvement in their local communities. The Special Committee shall receive applications from interested persons which shall include a brief statement of the reasons for their interest and suitability.
      (2)   The nominees submitted by the special committee to the Boston City Council for appointment shall reflect the ethnic, racial, socioeconomic and geographic diversity of the city. When nominating individuals for appointment, the special committee shall also take into account the backgrounds of the five members appointed under M.G.L. Chapter 44B, Section 5.
      (3)   All members of the Committee must be residents of Boston at appointment and for the duration of their term.
      (4)   No nominee for the four Boston City Council appointments shall be an employee or elected official of the city.
      (5)   All members shall be appointed for terms of three years. No member shall serve more than two consecutive terms. If a vacancy should arise and a new member is appointed to serve a partial term of less than two years, that partial term shall not count against the limit of two consecutive terms.
      (6)   In order to stagger the terms of the members, the initial appointments of the Conservation Commission member, the Housing authority member and one of the members appointed by Boston City Council shall be for one year; and the initial appointments of the Landmarks Commission member, the Boston Redevelopment Authority, d.b.a the Boston Planning and Development Agency, member and another of the members appointed by Boston City Council shall be for two years. After the initial appointments, all subsequent terms shall be for three years.
(CBC 1985 8-12.4; Ord. 2017 c. 4)
8-12.5   Powers and Duties.
   (A)   The Committee shall study the needs, possibilities and resources of Boston regarding community preservation and shall produce a Community Preservation Plan. In conducting such a study, the Committee shall consult with existing municipal Boards and Departments, including the Boston Conservation Commission, the Boston Landmarks Commission, the Parks and Recreation Commission, the Boston Planning and Development Agency, the Department of Neighborhood Development, the Parks and Recreation Department and the Boston Housing Authority, or persons acting in those capacities or performing like duties. Before voting to approve its initial Plan, the Committee shall hold at least one public informational hearing on local needs, possibilities and resources. Thereafter, it shall hold at least one public hearing before updating the Plan each year.
   (B)   Public hearings of the Committee shall be planned so as to maximize citizen attendance including a preference to hold hearings in the evenings or off-site from City Hall. Notice of all public hearings of the Committee shall be posted publicly on the city website and published for each of two weeks preceding a hearing in a newspaper of general circulation in the city.
   (C)   The Committee shall make recommendations to the Mayor for transmittal to the Boston City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation and rehabilitation of land for recreational use; for the acquisition, creation, preservation and support of affordable housing; and for rehabilitation or restoration of such open space, and affordable housing that is acquired or created in accordance with the provisions of the Community Preservation Act, added by Chapter 267 of the Acts of 2000 and being M.G.L. Chapter 44B; provided, however, that funds expended pursuant to that Act shall not be used for maintenance. With respect to affordable housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
   (D)   The Committee may include in its recommendations a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
   (E)   Committee recommendations shall include their anticipated costs.
   (F)   In addition to state reporting mandated by the Community Preservation Act, the Committee shall regularly report on the uses of the funds, map the geographic distribution of funded projects and study the economic and racial breakdown of benefitting areas. It shall make such analysis and the underlying data available on a city website on at least an annual basis.
(CBC 1985 8-12.5; Ord. 2017 c. 4)
8-12.6   Rules and Regulations.
   (A)   The Committee shall elect one of its members as Chair. In the event a Chair is unavailable, the most senior member of the Committee shall chair the Committee.
   (B)   Five members shall constitute a quorum for the purpose of convening a meeting and of conducting the business of the Committee. The Committee shall approve its actions by majority vote of the quorum.
   (C)   All records of the Committee shall be public unless an exemption applies under the commonwealth’s Public Records Law, being M.G.L. Chapter 66, Section 6A, and Chapter 4, Section 7, Clause 26.
   (D)   Committee members shall serve without compensation.
   (E)   Committee members who are not otherwise employed by the city shall be classified as special municipal employees for the purpose of M.G.L. Chapter 268A.
   (F)   The Commissions, Authority, Agency and Council who have appointment authority under this Section shall appoint such representatives within 160 days of the effective date of this Section when making the initial appointments to the Committee; after the initial appointments, all subsequent appointments shall be made within 90 days. Should there be a vacancy or resignation in any of the Community Preservation Committee positions, the Commissions, Authority, Agency and Council who have appointment authority under this Section shall appoint a new representative within 90 days of the first date of a known vacancy or resignation.
(CBC 1985 8-12.6; Ord. 2017 c. 4; Ord. 2017 c. 5 § 1)
8-12.7   Fiscal Accountability.
   Pursuant to M.G.L. Chapter 44B, Section 6, the community preservation funds shall not replace existing operating funds, only augment them. The Mayor’s Budget Office shall provide the Committee with operating and capital expenses for open space, historic preservation and housing made in FY17, the last year prior to the city’s adoption of the Community Preservation Act, added by Chapter 267 of the Acts of 2000 and being M.G.L. Chapter 44B.
(CBC 1985 8-12.7; Ord. 2017 c. 4)
8-12.8   Applicability.
   The provisions of this Section shall be interpreted and applied at all times consistently with the provisions of M.G.L. Chapter 44B and all provisions of any relevant general or special act.
(CBC 1985 8-12.8; Ord. 2017 c. 4)
8-13   ESTABLISHING THE EQUITABLE REGULATION OF THE CANNABIS INDUSTRY IN THE CITY.
8-13.1   Purpose.
   The purpose of this Section is to ensure equity in the city’s cannabis industry. The policies enacted during the “War on Drugs” and its associated policies have had a disproportionate impact on people of Black, African American, Latino and/or Hispanic descent. Within the city, neighborhoods particularly impacted include Roxbury, Dorchester and Mattapan. It would be unjust if, following the legalization of cannabis by the voters of the commonwealth, people from the affected groups were not allowed to receive the economic benefits of legalization.
(CBC 1985 8-13.1; Ord. 2019 c. 5 § 1)
8-13.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AREA OF DISPROPORTIONATE IMPACT. A geographic area identified by the Boston Cannabis Board or the Cannabis Control Commission, which has had historically high rates of arrest, conviction and incarceration related to marijuana crimes between 1971 and 2016.
   CANNABIS CONTROL COMMISSION or CCC. The Massachusetts Cannabis Control Commission.
   CLOSE ASSOCIATE. A person who holds a relevant financial interest in, or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that interest or power, is able to exercise a significant influence over the management or operation of a marijuana establishment licensed under this chapter.
   CONTROLLING PERSON. An Officer, Board Member or other individual who has a financial or voting interest of 10% or greater in a marijuana establishment.
   CRAFT MARIJUANA COOPERATIVE. A marijuana cultivator comprised of residents of the commonwealth and organized as a limited liability company, limited liability partnership or cooperative corporation under the laws of the commonwealth. A COOPERATIVE is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.
   INVESTOR. Any person or entity who has provided a marijuana applicant with financial resources in exchange for an ownership stake in the business.
   LICENSEE. A person or entity licensed by the Boston Cannabis Board and the Cannabis Control Commission to operate a marijuana establishment.
   MARIJUANA APPLICANT or APPLICANT. Any person, business, organization or group that has submitted an application to the city to open a marijuana establishment.
   MARIJUANA or CANNABIS. 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; provided, however, that MARIJUANA shall not include:
      (1)   The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of 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 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 ESTABLISHMENT. A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, marijuana research facility or any other type of licensed marijuana-related business.
   MARIJUANA INDEPENDENT TESTING LABORATORY. A laboratory that is licensed by the Cannabis Control Commission and is:
      (1)   Accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Cooperation mutual recognition arrangement or that is otherwise approved by the Cannabis Control Commission;
      (2)   Independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and
      (3)   Qualified to test marijuana in compliance with 935 CMR 500.160 and M.G.L. Chapter 64C, Section 34.
   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 PRODUCTS. Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
   MARIJUANA RESEARCH FACILITY. An entity licensed by the Cannabis Control Commission to engage in research projects. Such a facility may cultivate, purchase or otherwise acquire cannabis for the purpose of conducting research regarding marijuana or marijuana products. A RESEARCH FACILITY may be an academic institution.
   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 SOCIAL CONSUMPTION OPERATOR. A marijuana retailer licensed to purchase marijuana and marijuana products from marijuana establishments and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana or marijuana products on its premises only.
   MARIJUANA TRANSPORTER. A marijuana retailer that does not provide a retail location accessible to the public, but is authorized to deliver directly from a marijuana cultivator facility, craft marijuana cultivator cooperative facility, marijuana product manufacturer facility or microbusiness.
   MICROBUSINESS. A co-located marijuana establishment that can be either a marijuana cultivator of up to 5,000 square feet or product manufacturer or both, in compliance with the operating procedures for each license. A MICROBUSINESS that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.
(CBC 1985 8-13.2; Ord. 2019 c. 5 § 1)
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