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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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8-13.7   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)
8-13.11   Boston Equity Fund.
   The Office of Emerging Industries shall administer and support the equity program as described in Subsection 8-13.3 through funding appropriated to it as the Boston Equity Fund. The Office of Emerging Industries shall make the funds in the Boston Equity Fund available to support equity applicants and licensees, as defined by the equity program, and to establish and operate a cannabis business in the city. It is anticipated that the initial appropriation should be an amount equal to 100% of revenue collected by the city under the 3% gross sales revenue fee established in the Marijuana Host Community Agreements (“HCA”), up to $1,000,000. Subject to appropriation, once an aggregate initial amount of $1,000,000 has been deposited into the Boston Equity Fund, it is anticipated that the Boston Equity Fund shall be credited with an amount equal to 0.5% of gross annual HCA revenue until 2024 or upon the Boston Equity Fund reaching $5,000,000, whichever occurs first.
(CBC 1985 8-13.11; Ord. 2019 c. 5 § 1)
8-13.12   Conditions.
   Licenses for marijuana establishments shall only be valid so long as each entity signs a host community agreement with the city, receives a final license from the Cannabis Control Commission and receives a license from the Cannabis Board within 12 months and their licensure with the CCC remains valid and current. The Board may impose additional reasonable restrictions and conditions as to the operation under the license, and may suspend the license if it deems that such restrictions or conditions have been violated.
(CBC 1985 8-13.12; Ord. 2019 c. 5 § 1)
8-13.13   Transferability of License.
   Any license granted under this Section shall be a personal privilege and shall not be assignable or transferable, without the approval of the Cannabis Board and the execution of a new host community agreement with the city.
(CBC 1985 8-13.13; Ord. 2019 c. 5 § 1)
8-13.14   Revocation and Expiration.
   The Cannabis Board may modify, suspend or revoke any license or fine any license owner for just cause, after reasonable notice and a hearing. The Board shall, within six months of initial appointment, publish and post electronically a written policy clarifying activities or business practices and any other such causes that may subject a license holder to scrutiny, changes to their license or license suspension and may update such policy at the Board’s discretion. Unless otherwise specified, each license shall expire annually after the issuance of such license. Licenses must be renewed annually by the Board.
(CBC 1985 8-13.14; Ord. 2019 c. 5 § 1)
8-13.15   Registry.
   The Office of Economic Development shall publish and maintain an online registry of applicants and licensees under this Section, the applicant or licensees current status in the approval process, any close associates, any controlling persons and any investors in the business, any management agreements entered into, the type(s) of license(s) held or applied for by each establishment, the owner(s) name(s), the physical address(es) of operation and whether the applicant or licensee is a participant in the city’s equity program. The registry shall include currently licensed applicants as well as all pending applicants. The registry shall be accompanied by a map, showing the locations of licensed establishments.
(CBC 1985 8-13.15; Ord. 2019 c. 5 § 1)
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