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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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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)
8-13.3   Boston Equity Program.
   (A)   An applicant shall be designated by the Boston Cannabis Board as an equity applicant if at least 51% of its ownership meets at least three of the following criteria:
      (1)   A person who has resided in an area of disproportionate impact, as defined by the Boston Cannabis Board, for at least five of the last ten years;
      (2)   A person who has a past arrest or conviction for the possession, sale, manufacturing or cultivation of marijuana between 1971 and 2016, who has been a resident of Boston for the past five years; or a person who is the child of a person with a past arrest or conviction for the possession, sale, manufacturing or cultivation of marijuana between 1971 and 2016, who has been a resident of Boston for the past five years;
      (3)   A person who has resided in the city for at least the past seven years;
      (4)   A person who is of Black, African American, Hispanic, Latino, Asian or Indigenous descent;
      (5)   A person whose annual household income is at or below 100% of the area median income;
      (6)   A person who has been certified by the Cannabis Control Commission as an economic empowerment applicant or is a participant in the Cannabis Control Commission’s Social Equity Program and is a resident of Boston for at least one of the last three years; and
      (7)   A person who is a former member of the Armed Forces of the United States (Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard and Space Force) who served on active duty and was discharged under conditions which were other than dishonorable.
   (B)   The Office of Emerging Industries shall establish a program, known as the “Boston Cannabis Equity Program”, to offer equity applicants services, which may include:
      (1)   Technical assistance with business operations, including the development of business plans;
      (2)   Technical assistance recruiting employees;
      (3)   Guidance and assistance through the application process;
      (4)   Technical assistance with legal compliance;
      (5)   Accounting and tax preparedness assistance;
      (6)   Best practices for operating in the marijuana industry;
      (7)   Technical assistance with store security; and
      (8)   Technical assistance identifying and raising funds and capital and identifying vendors.
   (C)   An applicant or licensee shall only be eligible for the benefits of the Boston Cannabis Equity Program if they continue to meet the above conditions.
   (D)   The city shall maintain an equal or greater number of retail dispensary equity applicant licensees to retail dispensary licensees who do not qualify as equity applicants.
   (E)   The city shall maintain the same equity to non-equity ratio for cultivation licenses.
(CBC 1985 8-13.3; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.4   Boston Cannabis Board.
   (A)   The Mayor shall establish a Cannabis Board. This Board shall be made up of seven members: one member with experience with the city’s licensing and regulation of businesses, one member with experience in public health policy, one member with experience in public safety, one member with experience in organized labor or workers’ rights, one member with experience in economic development, one member with experience in urban planning or land use and one member with experience in a leadership role within a neighborhood association in Boston.
   (B)   No member of the Boston Cannabis Board may be a close associate, controlling person or investor in a business that holds, is seeking or intends to seek a license from the Board.
   (C)   Board members shall receive annual ethics training and shall provide a financial disclosure statement on an annual basis to ensure compliance with the above conflict of interest provisions.
(CBC 1985 8-13.4; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.5   Applicability.
   Any persons or entity seeking to operate any type of adult-use marijuana establishment shall require a local license issued by the city.
(CBC 1985 8-13.5; Ord. 2019 c. 5 § 1)
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