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CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
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CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
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CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
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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)
8-13.6   Application Requirements.
   (A)   An applicant in any category of cannabis establishment shall file, in a form and manner specified by the city, an application for licensure as a cannabis establishment.
   (B)   Applicants shall be required to submit the following information as part of their initial application:
      (1)   The entity name and the trade name to be used, and business certificate;
      (2)   The names, addresses and contact information of the business owners, controlling persons, close associates and investors;
      (3)   The address of the proposed business, and proof of permission from the owner of the property to operate on the premises or lease information;
      (4)   The name, mailing address and contact information of the property owner;
      (5)   The party responsible for managing the application and their contact information;
      (6)   Whether the applicant has been designated as an economic empowerment applicant by the commonwealth’s Cannabis Control Commission;
      (7)   Whether the applicant has been designated as a social equity program participant, or whether they are eligible for the program, by the commonwealth’s Cannabis Control Commission;
      (8)   Any other information or documents required by the Board;
      (9)   No retail applicants that are within a ½ mile of another licensed retail marijuana establishment shall be scheduled for a hearing before the Board until they provide the following:
         (a)   Applicant’s statement explaining in particularity why the applicant should be granted a license despite the proximity to another establishment addressing the following:
            1.   Special circumstances or conditions that apply to the proposed location;
            2.   Reasons of practical difficulty and substantial hardship explaining why the proximity to another applicant should not prevent the BCB from granting a license. Self-created difficulty or the financial viability of the proposal or site shall not be considered as a practical difficulty or substantial hardship; and
            3.   How the BCB’s grant of a license would not negatively impact the surrounding neighborhood.
         (b)   Documentation of support which may include letters of support from community members, letters of support from community organizations, letters of support from direct or indirect abutters and letters of support from elected officials or their respective representatives. The BCB must receive a minimum of three letters of support.
      (10)   In cases where there are two or more licensed retail establishments within a half mile radius of a proposed site, retail applicants shall be subject to heightened scrutiny and a rebuttable presumption against the proposed location.
(CBC 1985 8-13.6; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.7   Community Outreach, Host Community Agreements.
   (A)   The city shall hold at least one community meeting on the application near the proposed location of the establishment. The meeting must be held within six months of the initial application being filed.
   (B)   A notice shall be issued which shall include the date, time, place and subject matter of the meeting, including the proposed address of the marijuana establishment. It shall be published in a newspaper of general circulation at least seven calendar days prior to the meeting. A copy of the notice shall be filed with the City Clerk. Copies shall be mailed or delivered to all residents within 300 feet of the proposed location. The meeting shall include a discussion of the following topics: the type(s) of marijuana establishment to be located at the proposed address; information adequate to demonstrate that the location will be maintained securely and steps to be taken by the marijuana establishment to prevent diversion to minors; a plan by the marijuana establishment to positively impact the community; and information adequate to demonstrate that the location will not constitute a nuisance to the community.
   (C)   All approved applicants shall be required to negotiate a host community agreement with the city, which must be kept current at all times. The city shall negotiate host community agreements and work in collaboration with the district City Councilor. The district City Councilor shall be responsible for providing a letter of support, non-opposition or non-support.
(CBC 1985 8-13.7; Ord. 2019 c. 5 § 1)
8-13.8   Criteria.
   (A)   The city shall grant licenses with the goal of ensuring that licenses are granted with respect to equity, quality and community safety. Licensees shall be expected to comply with the laws and regulations of the commonwealth and the city. Applications shall be evaluated based on the applicant’s score as described in division (B) below.
   (B)   Applications shall be evaluated based on the applicant’s:
      (1)   Diversity and Inclusion Plan: 25%;
      (2)   Location: 25%:
         (a)   Distance from a licensed retail marijuana establishment;
         (b)   Residential and commercial density near the site;
         (c)   Distance from schools, social services or treatment centers;
         (d)   Access to public transportation; and
         (e)   Accessibility and amount of on-site parking.
      (3)   Employment Plan: 20%:
         (a)   Plan for employment of city residents;
         (b)   Plan for employment of minorities and women;
         (c)   Plan for offering competitive wages and benefits for local residents; and
         (d)   Plan for employment of individuals with criminal records.
      (4)   Community feedback/public support: 20%:
         (a)   Letters of support from local elected officials; and
         (b)   Letters of support from local community organizations.
      (5)   Safety and security: 10%:
         (a)   Plan for on-site security personnel;
         (b)   Plan for building and product security;
         (c)   Plan for protecting youth from accessing the product;
         (d)   Plan for the transportation and delivery of the product; and
         (e)   Plan for the transportation of monies to and from the site.
(CBC 1985 8-13.8; Ord. 2019 c. 5 § 1; Ord. 2021 c. 8 § 1)
8-13.9   Fees.
   The Board may establish reasonable fees for licenses. The fee for a marijuana retail license shall not exceed the fee levied on an all alcohol retail store. The Board may also establish a reasonable annual fee in conjunction with the annual renewal of a license.
(CBC 1985 8-13.9; Ord. 2019 c. 5 § 1)
8-13.10   Inspections and Enforcement.
   An applicant must secure the appropriate permits issued by the Cannabis Board, Inspectional Services Department and, if necessary, any other Department or Agency of the city. All licensed premises shall be subject to inspection by the Boston Police Department of the city and other duly authorized Agents of the Board. All licensees are subject to the general rules of the Board as they may be amended at the Board’s discretion. Upon citation from any City Department or Agency, that Department or Agency must notify the Cannabis Board.
(CBC 1985 8-13.10; Ord. 2019 c. 5 § 1)
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