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BE IT ORDAINED by the City Council of the City of North Adams that Chapter Z of the Revised Ordinances of the City of North Adams, entitled Zoning, section 10.12, entitled Licensed Marijuana Establishments, be and hereby is amended as follows: 10.12. Licensed marijuana establishments. Updated Purpose to read as follows:: Purpose. The purpose of this section is to provide for the placement of licensed marijuana establishments in suitable locations in the City of North Adams in recognition of and in accordance with "The Regulation of the Use and Distribution of Marijuana Not Medically Prescribed," MGL c. 94G, and "Act for the Humanitarian Medical Use of Marijuana," Session Laws, Acts of 2012, C. 369. The specific purpose of this section is to safeguard the built environment by permitting compliance with state law in a manner consistent with community and neighborhood concerns, while also ensuring that those entities permitted to operate a licensed marijuana establishment, as defined herein, comply with all of the provisions of Chapter 334 of the Acts of 2016, Chapter 351 of the Acts of 2016, Chapter 55 of the Acts of 2017, Chapter 180 of the Acts of 2022, and the regulations promulgated by the Cannabis Control Commission (CCC) found at 935 CMR 500.00 et seq. By adding the following italicized definitions or portions of definitions: (2) Definitions EXISTING LICENSEE TRANSPORTER An entity that is otherwise licensed by the Commission and also licensed to purchase, obtain, and possess marijuana or marijuana products solely for the purpose of transporting, temporary storage, sale and distribution on behalf of other marijuana establishments, medical marijuana treatment centers, or to other establishments, but not to Consumers. IMPASSIBLE BARRIER For the purposes of determining the 500 feet buffer zone, a highway, public or private way or path, inaccessible structure, body of water, or other obstruction that renders any part of the 500-foot straight-line distance between a Marijuana Establishment Entrance and a School Entrance inaccessible by a pedestrian or automobile. LICENSED MARIJUANA ESTABLISHMENT (LME) A marijuana courier, delivery operator, cultivator, testing laboratory, research facility, marijuana product manufacturer, marijuana retailer, micro-business, craft cooperative, or any other type of licensed marijuana-related business. MARIJUANA COURIER An entity licensed to deliver finished marijuana products, marijuana accessories and branded goods directly to consumers from a marijuana retailer, or directly to registered qualifying patients or caregivers from a medical marijuana treatment center, but is not authorized to sell marijuana or marijuana products directly to consumers, registered qualified patients or caregivers and is not authorized to wholesale, warehouse, process, repackage, or white label. MARIJUANA DELIVERY OPERATOR OR DELIVERY OPERATOR An entity licensed to purchase at wholesale and warehouse finished marijuana products acquired from a marijuana cultivator, marijuana product manufacturer, microbusiness or craft marijuana cooperative, and white label, sell and deliver finished marijuana products, marijuana accessories and marijuana branded good directly to consumers, but is not authorized to repackage marijuana or marijuana products or operate a storefront. MARIJUANA ESTABLISHMENT ENTRANCE The entrance or entrances that provides ingress and egress to consumers, registered qualifying patients and caregivers to the marijuana establishment. MARIJUANA SOCIAL CONSUMPTION ESTABLISHMENT An entity licensed to sell marijuana or marijuana Products and allow Consumers to consume marijuana or marijuana products solely on its Premises. SCHOOL ENTRANCE School Entrance means the entrance(s) that provide ingress and egress to students of the preexisting public or private or private school providing education in kindergarten or any grades 1 through 12 at the time of the newspaper publication of the proposed Marijuana Establishment's community outreach meeting under 935 CMR 500.000. Updated Paragraph (3) (a) to read as follows: (3) (a) All LMEs must be set back at least 500 feet from any school, day-care center or similar facility where organized youth activities occur. The buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the Marijuana Establishment Entrance to the geometric center of the nearest School Entrance, unless there is an Impassable Barrier within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the Marijuana Establishment Entrance to the geometric center of the nearest School Entrance. The special permit granting authority may modify or waive this requirement. Updated Paragraph (4) (a) to read as follows: (4) (a) The total number of marijuana retail establishments shall not exceed four (4). Updated Paragraph (7) (a) & (b) to read as follows: (a) Outside storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted, except for outdoor, open air cultivation operations. (b) Visibility of activities. All activities of any LME shall be conducted indoors, except for outdoor, open air cultivation operations. Updated Paragraph 8 (a) to read as follows: (a) Permanent location. Each LME and any part of its operation, including but not limited to, cultivation, processing, packaging, and sales, shall be operated from a fixed location within a fully enclosed building. No marijuana establishment shall be permitted to operate from a moveable, mobile, or transitory location, except for outdoor, open air cultivation operations. By Order of the City Council Bryan Sapienza, President Tina Leonesio, City Clerk Ad# 94080 05/22/2025