Search ▸ Communication to the City Council
a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on August 14, 2019 to continue discussions on a proposed amendment to the Municipal Code to create a Cannabis Business Permitting ordinance including amendments submitted at the July 30, 2019 Special City Council meeting
⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.
AiTACHMENT A
A
City of Cambridge
0-38
IN CITY COUNCIL
July 30, 2019
COUNCILLOR SIMMONS
ORDERED:
That the Ordinance Committee conduct a public hearing on August 14, 2019 at 5:30
p.m. to discuss the proposed amendment to the Municipal Code to create a Cannabis
Business Permit Ordinance; said public hearing to include discussions on the
substituted text as identified as Attachment B in the Committee Report #4 dated July
30,2019 and a Communications and Reports from Other City Officers dated July 30,
2019 submitted by Councillor Simmons together with an additional amendment to
Section 5.50.040.
In City Council July 30, 2019.
Adopted by the affirmative vote of nine members.
Attest:- Paula M. Crane, Interim City Clerk
A true copy;
Damaiciare
ATTEST:-
Paula M. Crane, Interim City Clerk
CITY OF CAMBRIDGE
In the Year Two Thousand Nineteen
AN ORDINANCE
In amendment to the Municipal Code of the City of Cambridge
Be it ordained by the City Council of the City of Cambridge as follows:
That the Municipal Code of the City of Cambridge be amended in Title 5 entitled
"Business Licenses and Regulations" by adding a new chapter 5.50 entitled "Cannabis
Business Permitting" which reads as follows:
Chapter 5.50 Cannabis Business Permitting
5.50.010 Purpose
This ordinance is intended to create a separate local permitting requirement for Cannabis Retail
Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter
(collectively "Cannabis Business") applicants to certify compliance with certain conditions in the
public interest prior to being permitted to operate a Cannabis Business in the City. The City
deems it to be in the public interest to give initial permitting preferences for Cannabis Businesses
to Priority Applicants, as defined herein.
5.50.20. Definitions
Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product
Manufacturer and/or Cannabis Transporter.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission
as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer
cannabis or marijuana to other cannabis or marijuana establishments, but not to consumers. A
craft marijuana cooperative as defined by state regulation is a type of Cannabis Cultivator.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control
Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package
cannabis or marijuana products and to transfer these products to other cannabis or marijuana
establishments, but not to consumers.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or
marijuana products to consumers for use off the premises, but not to cultivate, manufacture,
process, or package cannabis or marijuana products, in accordance with applicable state laws and
regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana
2
Retailer or registered as a Medical Marijuana Treatment Center, also known as a Registered
Marijuana Dispensary (hereafter "RMD"), or both, in accordance with applicable state laws and
regulations.
Cannabis Transporter. An entity, not otherwise licensed by the Cannabis Control
Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana, or cannabis
or marijuana products, solely for the purpose of transporting, temporarily storing, selling and
distributing them to cannabis establishments, not for selling to consumers.
Local Sales Taxes. Taxes imposed by the City upon the sale or transfer of marijuana or
marijuana products by a Cannabis Retail Store pursuant to Section 3 of M.G.L. Chapter
64N.
Priority Applicant. A person, corporation, or other legal entity applying for a Cannabis
Business permit pursuant to this Chapter to operate in the City who is:
a. Group A Priority Applicant. An Economic Empowerment Applicant certified as such
by the Commonwealth's Cannabis Control Commission; or a Social Equity Program
Applicant certified as such by the Commonwealth's Cannabis Control Commission who
is also a Cambridge resident and has been for at least the previous three years; or a
Women or Minority Owned business as certified by the Commonwealth and/or by the
City; or a Cambridge resident for at least the three previous years prior to application
earning less than fifty percent (50%) of Area Median Income (AMI) in the three
previous tax years prior to application -- to be known as Group A Priority Applicants.
b. Group B Priority Applicant. An RMDA Medical Marijuana Treatment Center
within the City that was licensed or registered by the Massachusetts Department of
Public Health not later than July 1, 2017 to sell cannabis products in a Cannabis Retail
Store pursuant to the Commonwealth's medical use of marijuana laws, which seeks to
operate as a Colocated Marijuana Operation licensed marijuana retailer pursuant to
935 CMR 502.000: Colocated Adult-Use and Medical-Use Marijuana
Operationsthe Commonwealth's adult use of marijuana laws - to be known as Group B
Priority Applicants. Those who qualify as Group B Priority Applicants cannot also
qualify as a Group A Priority Applicant.
5.50.030 Applicability
This Chapter shall apply to any proposed Cannabis Cultivator, Cannabis Product Manufacturer,
Cannabis Retail Store, or Cannabis Transporter that is seeking licensure from the Cannabis
Control Commission on or after the effective date of this Chapter. This Chapter shall not apply to
RMDs that have already been permitted in the City and are not seeking licensure as a Cannabis
Retail Store for retail cannabis sales prior to the effective date of this ordinance ("Existing
RMD").
5.50.040 Permitting Preferences for Priority Applicants
The City shall issue a Cannabis Business Permit pursuant to this Chapter only to Priority
Applicants (a) for the first two years after the Effective Date of this Chapter as stated in section
5.50.100 below, or (b) if the applicant is an RMD that has been granted a Special Permit from the
City of Cambridge before July 1, 2019 and is seeking licensure. The City shall issue a Cannabis
Business Permit to operate a Cannabis Retail Store only to Group A Priority Applicants who are
Economic Empowerment Applicants certified as such by the Commonwealth's Cannabis Control
Commission and Group B Priority Applicants. The City shall make all reasonable efforts to
3
expedite all local municipal requirements pursuant to 5.50.050(a)(10.) below within 45 days
following ordination of this Chapter for all eligible Priority Applicants for the City's execution of
Host Community Agreements and within 90 days following ordination of this Chapter for all
eligible Priority Applicants for issuance of special permit. No Cannabis Retail Store shall open to
adult-use retail sales prior to January 1, 2020.
5.50.045 RMD Economic Empowerment Accelerator Deposit
a. Each Group B Priority Applicant seeking to convert from a Medical Marijuana Treatment
Center to a Colocated Marijuana Operation shall i) make two (2) deposits of not less than
$500,000 into the Cambridge Cannabis Accelerator and Incubator Fund for the purpose of
providing no-interest start-up capitalization grants to support qualifying Economic
Empowerment applicants certified pursuant to section 5.50.060 below, and ii) coordinate
with each Group B Priority Applicant to collaboratively establish and fund a management
and operations training program available for all Group A Priority Applicants certified
pursuant to section 5.50.060 below. Each Group B Priority Applicant shall make an initial
deposit no later than January 1, 2020; however, such payment shall only be made following
issuance and execution of all local municipal requirements pursuant to 5.50.050(a)(10.)
below. Final deposit shall be made twelve months following initial deposit by each Group B
Priority Applicant.
b. The City shall deposit twenty (20) percent of all Local Sales Taxes into the Cambridge
Cannabis Accelerator and Incubator Fund.
5.50.050 Permitting Requirements
a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must
certity that:
1. It will comply with employee pay standards set out in the City's Living Wage
Ordinance;
2. It will hire at least 51% of minority, women and/or veterans as employees;
3. If applicant has a Board of Directors, the board makeup will be at least 51% minority,
women and/or veterans;
4. It consents to unannounced, periodic compliance inspections by City officials of its
Cannabis Business, including any Cannabis Business activities it conducts off-site;
5. It will comply with all State and local laws and regulations regarding its Cannabis
Business operations;
6. No person under the minimum legal sales age shall be permitted to enter the Cannabis
Business site unless such person possesses a state-issued registration card demonstrating
that the person is a registered qualifying medical marijuana (cannabis) patient pursuant
to 935 CMR 501.000 and the Cannabis Business site is, or is co-located with, an RMD;
7. It will work with the Cambridge Public Health Department to create and distribute
educational materials to its customers as directed by the Cambridge Public Health
Department;
4
8. It will sell only cannabis and cannabis accessories, and not other products, including
tobacco products or alcoholic beverages of any kind;
9. It will comply with directives of the Police Commissioner and of the Director of
Traffic Parking and Transportation, or their designees, regarding traffic measures to be
taken at and near the Cannabis Business site;
10. It has received a special permit from the Planning Board for its Cannabis Business
and has entered into a Host Community Agreement with the City through the City
Manager's Office; and
11. It is a business in good standing with no outstanding federal, state or local
investigations or judgments pending against it.
b. No discretionary permit conditions may be imposed by the permit issuing authority pursuant
to this Chapter.
c. A Cannabis Business permit shall be valid only for the applicant to which the Cannabis
Business permit was issued, and only for the use and for the site approved in the permit. A
proposed change of controlling or ownership, change of use, or change of site shall require a
new Cannabis Business Permit. As part of the Cannabis Business permit application process, the
City shall require the applicant to disclose all individuals and legal entities who have a beneficial
interest in the applicant's business as required pursuant to standards for change in ownership
or control issued by the Massachusetts Cannabis Control Commission.
5.50.060 Permitting Procedure
This Chapter shall be administered by the City's Inspectional Services Department, except that
Priority Applicant status shall be certified by the Director of the Economic Development Division
of the Community Development Department. Applications for Cannabis Business permits shall be
obtained from and submitted to the Inspectional Services Department. If permit applications are
properly completed and certified, and the conditions of this Chapter are met, the Commissioner of
Inspectional Services (the "Commissioner") shall issue a Cannabis Business Permit to the
applicant. No public hearing process on individual applications shall be conducted. A Host
Community Agreement shall be negotiated with the City Manager.
5.50.070 Permit Expiration and Renewal
The Cannabis Business Permit issued pursuant to this Chapter shall be subject to renewal
annually. If the applicant fails to timely renew or fails to meet the requirements of this Chapter
at the time of each renewal, including the Permitting Requirements in section 5.50.050 above,
the Cannabis Business Permit issued hereunder shall expire. A Cannabis Business Permit will
not be renewed if the permit holder has failed to pay all fines issued pursuant to this Chapter.
5
5.50.080 Enforcement
a. Failure to comply with this Chapter, including a failure to maintain the status of a
Priority Applicant, failure to obtain or to comply with the provisions of a Planning Board
special permit or State license to operate a Cannabis Business, or failure to comply with
any applicable laws, may result in revocation by the City, through the Commissioner, of
the Cannabis Business Permit granted pursuant to this Chapter. Failure to meet the
annual Cannabis Business Permit renewal requirements will result in the expiration of
the Cannabis Business Permit. If a permit holder's State license is revoked, then the
Cannabis Business Permit issued by the City shall be revoked. A Cannabis Business
Permit may be revoked or not renewed if the permit holder has sold a cannabis product to
a person under the minimum legal sales age three times or more, or if the permit holder
has failed to pay to the City all outstanding fines issued pursuant to this Chapter.
b. An applicant must cease to operate if it does not hold and maintain a valid Cannabis
Business Permit pursuant to this Chapter. Prior to revoking a Cannabis Business Permit
issued hereunder, the Commissioner will notify the Cannabis Business Permit holder in
writing and allow the Cannabis Business Permit holder at least fourteen (14) days to
submit written information to the Commissioner establishing that the Cannabis Business
Permit holder is in compliance with the terms of this Chapter. The Commissioner shall
make a final determination on the Cannabis Business Permit expiration or revocation
thereafter. If a permit holder requests, the Commissioner in his discretion may hold a
hearing before deciding whether to revoke a Cannabis Business Permit.
c. Any violation of this Chapter by a permit holder shall be subject to a fine of up to
$300 for each violation. Each day a violation exists shall constitute a separate violation.
d. Fines pursuant to this Chapter may be issued pursuant to the non-criminal ticketing
procedure in G.L.c.40, §21D. The Commissioner of Inspectional Services, the Police
Commissioner, and the Commissioner of Public Health, or their designees shall be the
enforcement officials for this Chapter.
5.50.090 Regulations
The Commissioner of Inspectional Services, as well as the Assistant City Manager for
Community Development, with the approval of the City Manager, are authorized to promulgate
regulations and to create the necessary application and permit forms, to implement this Chapter
with respect to their respective responsibilities pursuant to this Chapter. Regulatory
requirements implementing this ordinance may differ for Priority Applicants and non-Priority
applicants, such that the regulatory burden for Priority Applicants is less burdensome.
5.50.095 Cambridge Cannabis Accelerator and Incubator Fund
a. No later than 45 days following ordination of this Chapter, the Assistant City Manager for
Community Development shall issue a procurement for the City to engage a nonprofit
located within the City to establish and administer a Cambridge Cannabis Accelerator and
Incubator Fund. The purpose of the fund shall be to 1) provide no-interest start-up
capitalization grants to support qualifying Economic Empowerment applicants certified
pursuant to section 5.50.060 above, and 2) establish an incubator program for Group A
Priority Applicants. The Assistant City Manager shall select such nonprofit by no later than
November 1, 2019.
b. The Fund shall be administered by the selected nonprofit. There shall be a Cambridge
Economic Empowerment Accelerator Fund Advisory Board which shall support and advise
the nonprofit in its administration of the fund. The advisory board shall be made up of the
6
Assistant City Manager for Community Development or designee, who shall serve as chair,
as well as four City residents with experience in community and economic development or
small business development to be appointed by the City Manager.
5.50.100 Effective Date
This Chapter shall take effect on
, 2019.
5.50.110 Severability
The provisions of this Chapter are severable, and if any part of this Chapter should be held
invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the
Chapter, and the remainder of the Chapter shall remain in full force and effect.
B
AHACHMENTB
CAMBRIDGE CITY COUNCIL
E. Denise Simmons
Mayor
2008-2009
City Councillor
2016-2017
August 13, 2019
Paula Crane
Interim City Clerk
Cambridge City Hall
Re: Additional Documents Re My Proposed Amendments from July 30, 2019
Dear Ms. Crane:
In order to advance the Cannabis Business Permitting discussion scheduled to be continued in the
Ordinance Hearing on August 14, 2019, I am submitting a document that summarizes (and hopefully clarifies)
the amendments I proposed at the July 30, 2019 Ordinance Committee hearing. In addition to this document, I
am submitting three attestations from local RMD business and a sample budget of a typical dispensary that I
hope will provide context for when the Ordinance Committee discusses the funds necessary to establish such a
dispensary. Please include these documents as part of the record for consideration and discussion at this
hearing. Thank you for your attention to this matter.
Sincerely,
City Councilor E. Denise Simmons
CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139
[phone removed]
FAX: [phone removed]
EMAIL: dsimmons@cambridgema.gov
TTY/TDD: [phone removed]
Simmons Compromise Amendment
Benefits Economic Empowerment (EE) Applicants who are Invested in Cambridge
All state-certified Economic Empowerment Applicants who have invested in carrying costs for real
estate located in Cambridge and are currently petitioning the Planning Board for special permits
have endorsed this compromise.
NO Existing RMD Can Open for Adult-Use Sales Until After January 2020
Keeps effective moratorium in place a full year beyond the Attorney General's municipal ruling.
2
EE Grants Quickly Distributed over 18 months to Cover Start-up Costs
• Each existing RMD that seeks conversion shall deposit no less than $1M over 18 months,
3
starting January 1, 2020 into a designated EE fund administered by a selected, existing
Cambridge non-profit for unrestricted grants supporting Cambridge state-certified EE start-up
costs, including rent, build-out, legal and professional fees, and more
• All grants awarded shall not be repaid, carry interest or offer equity terms
• City Manager shall ensure selection process for existing Cambridge nonprofit is launched
within 45 days of Ordination, ensuring critical start-up dollars are expedited for release to
eligible EE applicants.
Funding Maintained in Perpetuity via Economic Empowerment Fund
Earmarks 20% of Cambridge's discretionary local sales (3%) tax as defined in Chapter 55 of the
4
Acts of 2017, An Act to Ensure Safe Access to Marijuana Section 13 (a) estimated at $1M annually
once cambriage's market is full-scale-to fund the Cambridge Economic Empowerment
Accelerator & Incubator Fund to support additional unrestricted grants through an incubator
program for qualifying EE Applicants.
Requires RMDs to Provide Training & Skills Development for EE Applicants
• RMDs required to offer training and skills development to EE Applicants, including 1-on-1
5
consulting to assist with startup logistics, strategies and best practices
• RMDs volunteer to share SOPs (valued at $25-$50K each)
• RMDs volunteer to share vendors and advantageous deal structures for security,
transportation, logistics, and other high-cost areas of retail.
Expedites Host Community Agreements & Special Permits for All Priority Applicants
Requires City to make good faith efforts to ensure all eligible Priority Applicants have Host
Community Agreements within 45 Days following Ordination and Special Permits within 90 Days
following Ordination.
RMDs Have Signed Attestations to Continue Medical Use of Marijuana Programs
All existing Cambridge RMDs have signed individual attestations under the pain and penalties of
perjury to maintain critical patient access to medical marijuana, including sufficient patient supply
and variety based on actual, documented patient needs.
AFFIRMATION
1, Leise Rosman, President of Healthy Pharms, Inc., acknowledge, understand, and affirm that
the following information is accurate upon my knowledge, information and belief:
1. Healthy Pharms, Inc., hereby re-affirms and under the pains and penalties of perjury
commits that all marijuana establishments owned and controlled by Healthy Pharms, Inc.,
located within the City of Cambridge, Massachusetts shall maintain qualifying patient
access to medical-use of marijuana subject to all standards and terms pursuant to Chapter
55 of the Acts of 2017.
2. Healthy Pharms, Inc., hereby voluntarily agrees to enter into a Host Community
Agreement with the City of Cambridge, Massachusetts for the purposes of operating a
marijuana establishments) which shall include, but not be limited to the commitments
detailed within Paragaph 1.
3. Purusant to 935 CMR 500.140(10) and 935 CMR 502.140(9), Healthy Pharms, Inc., shall
ensure access to a sufficient quantity and variety of marijuana and marijuana products,
including the actual types and strains of marijuana products documented as being
purchased by qualifying patients who are registered pursuant to 935 CMR 501.000,
Medical Use of Marijuana.
Signed under the pains and penalties of perjury on
this 22d day of July, 2019.
Leise Rosman, President
Healthy Pharms, Inc.
NOTARY
State of_ Michigen
County of Allegen
On the 22
day of uly theyear 2019, before me, the
undersigned notary public, personally appeared Leise Kosre, personally known
to me or proved to me on the basis of satisfactory evidence to be the individual whose name
is subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity and that by his/her/their signature on the instrument.
JANNETTE STRYKER
NOTARY PUBLIC, ALLEGAN COUNTY, MI
My Commission Expires 12/10/2023
Acting in the County of_
AFFIRMATION
I, Louis Karger, Treasurer of the SIRA Naturals, Inc. Board of Directors, acknowledge,
understand, and affirm that the following information is accurate upon my knowledge,
information and belief:
1. SIRA Naturals, Inc., hereby re-affirms and under the pains and penalties of perjury
commits that all marijuana establishments owned and controlled by SIRA Naturals, Inc.,
located within the City of Cambridge, Massachusetts shall maintain qualifying patient
access to medical-use of marijuana subject to all standards and terms pursuant to Chapter
55 of the Acts of 2017.
2. SIRA Naturals, Inc., hereby voluntarily agrees to enter into a Host Community
Agreement with the City of Cambridge, Massachusetts for the purposes of operating a
marijuana establishments) which shall include, but not be limited to the commitments
detailed within Paragaph 1.
3. Purusant to 935 CMR 500.140(10) and 935 CMR 502.140(9), SIRA Naturals, Inc., Shall
ensure access to a sufficient quantity and variety of marijuana and marijuana products,
including the actual types and strains of marijuana products documented as being
purchased by qualifying patients who are registered pursuant to 935 CMR 501.000,
Medical Use of Marijuana.
Signed under the pains and penalties of perjury on
this 22 day of July, 2019.
SUZANNE M. GOZDIFF
Notary Publie
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
February 17, 2023
Louis Karger, Treasurer
suzannes, bundeft
Board of Directors
AFFIRMATION
1. Keith Cooper. Chiel Executive Officer of Revolutionary Clinies I. Ine. acknowledge.
understand, and affirm that the following information is accurate upon my knowledge.
information and belief:
1. Revolutionary Clinies I, Inc. hereby re-affirms and under the pains and penalties of
perjury commits that all marijuana establishments owned and controlled by
Kevolutionary Climes HeIne. located within the City of Cambridge, Massachusetts shall
maintain qualifying patient necess to medical-use of marijuana subject to all standards
and terms pursuant to Chapter S5 of the Acts of 2017.
2. Revolutionary Clinics I. Inc. hereby voluntarily agrees to enter into a Host Community
Agreement with the C'ily of C'ambridge. Massachusetts for the purposes of operating a
marijuana establishments) which shall include. but not be limited to the commitments
detailed within Paragaph 1.
3. Purusant to 935 (MR 500140(10) and 935 (MR 502.140(9), Revolutionary Clinies II.
Ine. shall ensure access to a sufficient quantity and variety of marijuana and marijuana
produets, including the actual types and strains of marijuana produets documented as
being purchased by qualifying patiens who are registered pursuant to 935 C'MR 501.000.
Medical Use of Marijuana.
Signed under the pains and penalties of'perjury on
this 22m4 day of July: 2019.
Keith Cooper
Revolutionary Clinies I. Inc.
1/22/14
Gotten 4. HeaD
Dariene A. Quartes
Notary Public
Commonwealth of Massachusetts
My Commiesion Expires 10/31/2025
8/13/2019
Notes
Included
in general conditions
Included
included
August 11, 2019
Includes window film
General Contractor
7,595.00
1,500.00
9,495.00
5,000.00
5,697.00
6,400.00
12,600.00
45,000.00
15,000.00
25,000.00
11,490.00
65,850.00
27,462.00
30,454.00
18,700.00
16,914.00
68,350.00
91,263.60
12,118.00
32,842.00
33,600.00
98,400.00
13,000.00
45,957.00
30,000.00
608,424.00
20,000.00
25,000.00
562,467.00
135,000.00
909,687.60
Total Cost
EA
Date prepared:
Concrete and Masonry Infill Work
Miscellaneous Metals - Insulation/Intumescent/EIFS
Contingency of 15% x construction costs
Surface Protection, Barricade, Janitorial
Specialty Construction- Roofing - Signage -Specialties -
Millwork/Cabinets - Includes POS and breakroom cabinetry and installation
Fee (overhead & profit)
Blueprint Allowance
Door Frames & Hardware
Plumbing Systems
Subtotal
Subtotal
Subtotal
Permits
Insurance
Flooring
Painting
Preconstruction Services
General Conditions
Security Systems
Demolition - fencing and reseeding
Taxes
Bonds
Fire Alarm
Description
Electrical Systems
Caulking & Sealants
Glass & Glazing
Metal Studs & Drywall
Rent while building and licensing (9 months at $15k/month)
Legal fees for licensing and permiting
Carpentry, Supports, Blocking, Backing
Architect fees
POS Equipment
Other
Acoustical Ceilings
Mechanical Systems/HVAC
Telecommunications & Data Systems
[Furniture
General Contractor:
General Construction Bid Summary
Project Name: Tyles copestart 20 an opening costs, excludes inventory costs
C
ATTACHMENTC
CAMBRIDGE CITY COUNCIL
Quinton Zondervan
Sumbul Siddiqui
City Councillor
City Councillor
To: Paula Crane, Interim City Clerk
From: Quinton Y. Zondervan and Sumbul Siddiqui, City Councillors
Date: August 14, 2019
Subject: Memorandum Submission
We have attached amendments to the amendments Councillor Simmons submitted for the July 30, 2019
Special Meeting. In addition to these amendments, we have also attached a cannabis retail start-up pro
forma developed by a business professor at Northeastern who works with Economic Empowerment
applicants in the region. Please include these documents as part of the record for consideration and
discussion at this hearing.
Thank you.
Sincerely,
City Councillor Sumbul Siddiqui
City Councillor Quinton Zondervan
ECONOMIC EMPOWERMENT STARTUP COSTS
LICENSE ACQUISITION:
Legal Fees, est. $/month
10,000
Estimated Costs During Licensing
180,000
Number of Months, est.
Estimated Lease Retention Costs
135,000
18
Estimated Costs During Licensing
60,000
Estimated Lease Paid During Buildout
- 180,000
Estimated Buildout Cost
625,000
LEASE RETENTION COSTS:
Estimated Cost of Employee Training
60,000
Lease Retention, est. $/month
7,500
Estimated Cost of Flower Inventory
1,350,000
18
Number of Months, est.
Total Capital Required per License
2,410,000
Estimated Lease Retention Costs
135,000
Capital Available Through Equity Fund
500,000
250,000
BUILDOUT PHASE
Capital Available Through Loans
8
Est. Number of Buildout Months
Capital Available Through Own Means and F8
250,000
7,500
Lease Paid During Buildout
Total Capital Available
1,000,000
60,000
Estimated Lease Paid During Buildout
Capital Used in Startup Excl. Inventory
-60,000
Est. Square Footage of Retail Store
2,500
Est. Buildout Cost, $/s.f.
250
625,000
Estimated Buildout Cost
PRE-OPEN EXPENDITURES
Staff Training
10
Number of Employees
2
Number of Months of Training & Dry Runs
Est. Costs per Month per Employee
6,000
Estimated Cost of Employee Training
60,000
Inventory
Months of Inventory Required
3
150
Est. Volume of Flower Required, Lb/Month
Wholesale Cost of Flower
3,000
1,350,000
Estimated Cost of Flower Inventory
TOTAL CAPITAL REQUIREMENT
2,410,000
AMENDMENTS TO THE
COUNCILLOR SIMMONS
COMPROMISE SUBMITTED
JULY 30, 2019
CITY OF
CAMBRIDGE
In the Year Two Thousand
Nineteen AN ORDINANCE
In amendment to the Municipal Code of the City of Cambridge
Be it ordained by the City Council of the City of Cambridge as follows:
That the Municipal Code of the City of Cambridge be amended in Title 5
entitled "Business Licenses and Regulations" by adding a new chapter
5.50 entitled "Cannabis Business Permitting" which reads as follows:
Cannabis Business Permitting
Chapter 5.50
5.50.010 Purpose
This ordinance is intended to create a separate local permitting requirement for Cannabis
Retail Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis
Transporter (collectively "Cannabis Business") applicants to certify compliance with certain
conditions in the public interest prior to being permitted to operate a Cannabis Business in
the City. The City deems it to be in the public interest to give initial permitting preferences
for Cannabis Businesses to Priority Applicants, as defined herein.
5.50.20. Definitions
Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product
Manufacturer and/or Cannabis Transporter.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control
Commission as a Marijuana Cultivator to cultivate, process and package cannabis or
marijuana, and to transfer cannabis or marijuana to other cannabis or marijuana
establishments, but not to consumers. A craft marijuana cooperative as defined by state
regulation is a type of Cannabis Cultivator.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis
Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process
and package cannabis or marijuana products and to transfer these products to other
cannabis or marijuana establishments, but not to consumers.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or
marijuana products to consumers for use off the premises, but not to cultivate, manufacture,
process, or package cannabis or marijuana products, in accordance with applicable state laws
and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or
Marijuana
Retailer or registered as a Medical Marijuana Treatment Center, also known as a Registered
Marijuana Dispensary (hereafter "RMD"), or both, in accordance with applicable state laws
and regulations.
Cannabis Transporter. An entity, not otherwise licensed by the Cannabis Control
Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana, or
cannabis or marijuana products, solely for the purpose of transporting, temporarily storing,
selling and distributing them to cannabis establishments, not for selling to consumers.
Local Sales Taxes. Taxes imposed by the City upon the sale or transfer of marijuana
or marijuana products by a Cannabis Retail Store pursuant to Section 3 of M.G.L.
Chapter 64N.
Priority Applicant. A person, corporation, or other legal entity applying for a Cannabis
Business permit pursuant to this Chapter to operate in the City who is:
a. Group A Priority Applicant. An Economic Empowerment Applicant
certified as such by the Commonwealth's Cannabis Control Commission; or a
Social Equity Program Applicant certified as such by the Commonwealth's
Cannabis Control Commission who is also a Cambridge resident and has
been for at least the previous three years; or a Women or Minority Owned
business as certified by the Commonwealth and/or by the City; or a
Cambridge resident for at least the three previous years prior to application
earning less than fifty percent (50%) of Area Median Income (AMI) in the
three previous tax years prior to application -- to be known as Group A Priority
Applicants.
b. Group B Priority Applicant. An RMDA Medical Marijuana Treatment
Center within the City that was licensed or registered by the Massachusetts
Department of Public Health not later than July 1, 2017 to sell cannabis
products in a Cannabis Retail Store pursuant to the Commonwealth's medical
use of marijuana laws, which seeks to operate as a Colocated Marijuana
Operation licensed marijuana retailer pursuant to 935 CMR 502.000:
Colocated Adult-Use and Medical-Use Marijuana Operationsthe
Commonwealth's adult use of marijuana laws - to be known as Group B
Priority Applicants. Those who qualify as Group B Priority Applicants cannot
also qualify as a Group A Priority Applicant.
5.50.030 Applicability
This Chapter shall apply to any proposed Cannabis Cultivator, Cannabis Product
Manufacturer, Cannabis Retail Store, or Cannabis Transporter that is seeking licensure from
the Cannabis Control Commission on or after the effective date of this Chapter. This Chapter
shall not apply to RMDs that have already been permitted in the City and are not seeking
licensure as a Cannabis Retail Store for retail cannabis sales prior to the effective date of this
ordinance ('Existing RMD").
5.50.040 Permitting Preferences for
Priority Applicants
The City shall issue a Cannabis Business Permit pursuant to this Chapter only to Priority
Applicants (a) for the first two years after the Effective Date of this Chapter as stated in section
5.50.100 below, or (b) if the applicant is an RMD that has been granted a Special Permit from
the City of Cambridge before July 1, 2019 and is seeking licensure. The City shall issue a
Cannabis Business Permit to operate a Cannabis Retail Store only to Group A Priority
Applicants who are Economic Empowerment Applicants certified as such by the
Commonwealth's Cannabis Control Commission and Group B Priority Applicants who are
contributing to the Cambridge Cannabis Accelerator and Incubator Fund as described in
section 5.50.045 below. The City shall make all reasonable efforts to expedite all local
municipal requirements pursuant to 5.50.050(a)(10.) below within 45 days following
ordination of this Chapter for all eligible Priority Applicants for the City's execution of
Host Community Agreements and within 90 days following ordination of this Chapter for
all eligible Priority Applicants for issuance of special permit. No Cannabis Retail Store
shall open to adult-use retail sales prior to January 1, 2020. At all times the City shall
ensure there are an equal or greater number of licensed Economic Empowerment applicants
operating a Cannabis Retail Store as compared to licensed Group B applicants operating a
Cannabis Retail Store, in Cambridge.
5.50.045 RMD Economic Empowerment Accelerator Deposit
a. Each Group B Priority Applicant seeking to convert from a Medical Marijuana
Treatment Center to a Colocated Marijuana Operation shall i) make a deposit of $5
million into the Cambridge Cannabis Accelerator and Incubator Fund for the
purpose of providing grants to support qualifying Economic Empowerment
applicants certified pursuant to section 5.50.060 below. The structure for the
deposit shall be as follows:
a. $2M as an initial deposit at application time
b. $2M upon the Colocated Marjiana Operation opening date
c. $1M after first year in operation
and ii) coordinate with
Each Group B Priority Applicant shall collaboratively establish and fund a
management and operations training program available for all Group A Priority
Applicants certified pursuant to section 5.50.060 below. Each Group B Priority
Applicant shall make an initial deposit no later than January 1, 2020; however,
such The first deposit payment shall only be made following issuance and
execution of all local municipal requirements pursuant to 5.50.050(a)(10.) below.
Final deposit shall be made twelve months following initial deposit by each Group
B Priority Applicant.
b. The first five Group A Priority Applicants who are Economic Empowerment Applicants shall
receive the funds as follows:
1. $1M upon signing community host agreement with the City Manager
2. $1M upon receiving a state license from the Cannabis Control Commission
$500K after 6 months of successful operation
c. Each Group B Priority group shall deposit 1% of gross revenue every year after the
initial 5 million deposit. Each Group A Priority Applicants who are Economic
Empowerment Applicants shall contribute 1% gross revenue every year after the first
year in operation.
d. The City shall deposit twenty (20) percent of all Local Sales Taxes into the
Cambridge Cannabis Accelerator and Incubator Fund.
5.50.050 Permitting Requirements
a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an
applicant must certify that:
1. It will comply with employee pay standards set out in the City's
Living Wage Ordinance;
2. It will hire at least 51% of minority, women and/or veterans as employees;
3. If applicant has a Board of Directors, the board makeup will be at least
51% minority, women and/or veterans;
4. It consents to unannounced, periodic compliance inspections by City
officials of its Cannabis Business, including any Cannabis Business
activities it conducts off-site;
5. It will comply with all State and local laws and regulations regarding its
Cannabis Business operations;
6. No person under the minimum legal sales age shall be permitted to enter
the Cannabis Business site unless such person possesses a state-issued
registration card demonstrating that the person is a registered qualifying
medical marijuana (cannabis) patient pursuant to 935 CMR 501.000 and the
Cannabis Business site is, or is co-located with, an RMD;
7. It will work with the Cambridge Public Health Department to create and
distribute educational materials to its customers as directed by the
Cambridge Public Health Department;
8. It will sell only cannabis and cannabis accessories, and not other
products, including tobacco products or alcoholic beverages of any kind;
9. It will comply with directives of the Police Commissioner and of the
Director of Traffic Parking and Transportation, or their designees, regarding
traffic measures to be taken at and near the Cannabis Business site;
10. It has received a special permit from the Planning Board for its
Cannabis Business and has entered into a Host Community Agreement
with the City through the City Manager's Office; and
11. It is a business in good standing with no outstanding federal,
state or local investigations or judgments pending against it.
b. No discretionary permit conditions may be imposed by the permit issuing
authority pursuant to this Chapter.
c. A Cannabis Business permit shall be valid only for the applicant to which the
Cannabis Business permit was issued, and only for the use and for the site approved
in the permit. A proposed change of controlling or ownership, change of use, or
change of site shall require a new Cannabis Business Permit. As part of the Cannabis
Business permit application process, the City shall require the applicant to disclose all
individuals and legal entities who have a beneficial interest in the applicant's business as
required pursuant to standards for change in ownership or control issued by the
Massachusetts Cannabis Control Commission.
5.50.060 Permitting Procedure
This Chapter shall be administered by the City's Inspectional Services Department, except that
Priority Applicant status shall be certified by the Director of the Economic Development Division
of the Community Development Department. Applications for Cannabis Business permits shall
be obtained from and submitted to the Inspectional Services Department. If permit applications
are properly completed and certified, and the conditions of this Chapter are met, the
Commissioner of Inspectional Services (the "Commissioner") shall issue a Cannabis Business
Permit to the applicant. No public hearing process on individual applications shall be
conducted. A Host Community Agreement shall be negotiated with the City Manager.
5.50.070 Permit Expiration and Renewal
The Cannabis Business Permit issued pursuant to this Chapter shall be subject to renewal
annually. If the applicant fails to timely renew or fails to meet the requirements of this
Chapter at the time of each renewal, including the Permitting Requirements in section
5.50.050 above, the Cannabis Business Permit issued hereunder shall expire. A Cannabis
Business Permit will not be renewed if the permit holder has failed to pay all fines issued
pursuant to this Chapter.
5.50.080 Enforcement
a. Failure to comply with this Chapter, including a failure to maintain the
status of a Priority Applicant, failure to obtain or to comply with the provisions
of a Planning Board special permit or State license to operate a Cannabis
Business, or failure to comply with any applicable laws, may result in
revocation by the City, through the Commissioner, of the Cannabis Business
Permit granted pursuant to this Chapter. Failure to meet the annual Cannabis
Business Permit renewal requirements will result in the expiration of the
Cannabis Business Permit. If a permit holder's State license is revoked, then
the Cannabis Business Permit issued by the City shall be revoked. A Cannabis
Business Permit may be revoked or not renewed if the permit holder has sold a
cannabis product to a person under the minimum legal sales age three times
or more, or if the permit holder has failed to pay to the City all outstanding fines
issued pursuant to this Chapter.
b. An applicant must cease to operate if it does not hold and maintain a valid
Cannabis Business Permit pursuant to this Chapter. Prior to revoking a
Cannabis Business Permit issued hereunder, the Commissioner will notify the
Cannabis Business Permit holder in writing and allow the Cannabis Business
Permit holder at least fourteen (14) days to submit written information to the
Commissioner establishing that the Cannabis Business Permit holder is in
compliance with the terms of this Chapter. The Commissioner shall make a
final determination on the Cannabis Business Permit expiration or revocation
thereafter. If a permit holder requests, the Commissioner in his discretion may
hold a hearing before deciding whether to revoke a Cannabis Business
Permit.
c. Any violation of this Chapter by a permit holder shall be subject to a fine
of up to$300 for each violation. Each day a violation exists shall constitute a
separate violation.
d. Fines pursuant to this Chapter may be issued pursuant to the non-
criminal ticketing procedure in G.L.c.40, §21D. The Commissioner of
Inspectional Services, the Police Commissioner, and the Commissioner of
Public Health, or their designees shall be the enforcement officials for this
Chapter.
5.50.090 Regulations
The Commissioner of Inspectional Services, as well as the Assistant City Manager for
Community Development, with the approval of the City Manager, are authorized to
promulgate regulations and to create the necessary application and permit forms, to
implement this Chapter with respect to their respective responsibilities pursuant to this
Chapter. Regulatory requirements implementing this ordinance may differ for Priority
Applicants and non-Priority applicants, such that the regulatory burden for Priority Applicants
is less burdensome.
5.50.095 Cambridge Cannabis Accelerator and Incubator Fund
a. No later than 45 days following ordination of this Chapter, the Assistant City
Manager for Community Development shall issue a procurement for the City to
engage a nonprofit located within the City to establish and administer a
Cambridge Cannabis Accelerator and Incubator Fund. The purpose of the fund
shall be to 1) provide no-interest start-up capitalization grants to support
qualifying Economic Empowerment applicants certified pursuant to section
5.50.060 above, and 2) establish an incubator program for Group A Priority
Applicants. The Assistant City Manager shall select such nonprotit by no later
than November 1, 2019.
b. The Fund shall be administered by the selected nonprofit. There shall be a
Cambridge Economic Empowerment Accelerator Fund Advisory Board whịch
shall support and advise the nonprofit in its administration of the fund. The
advisory board shall be made up of the Assistant City Manager for Community
Development or designee, who shall serve as chair, as well as-four City residents
with experience in community and economic development or small business
development to be appointed by the City Manager, and members of all Group B and
Group A priority contributors/recipients.
c. The remaining funds in the Cambridge Economic Empowerment Accelerator Fund
after disbursement to the first Group A priority Economic Empowerment Applicants and future
funds consisting of gross revenues shall be used to establish a program to offer future equity
applicants services, which may include:
1. Technical assistance with business operations, including the development of business plans
2. Assistance recruiting employees
3. Guidance and assistance through the application process
4. Assistance with legal compliance
5. Accounting and tax preparedness assistance
6. Best practices for operating in the marijuana industry
7. Assistance with store security
8. Assistance identifying and raising funds and capital and identifying vendors
5.50.100 Effective Date
This Chapter shall take effect on
, 2019.
5.50.110 Severability
The provisions of this Chapter are severable, and if any part of this Chapter should be held
invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the
Chapter, and the remainder of the Chapter shall remain in full force and effect.
ATTACHMENTD
Assistant Ciry Solicitors
Nancy E. Glowa
Paul S. Kawai
City Solicitor
Keplin K. U. Allwaters
Sean M. McKendry
Arthur J. Goldberg
Deputy Ciry Solicitor
Megan B. Bayer
Brian A. Schwartz
Katherine Sarmini Hoffman
Samuel A. Aylesword
'irst Assistant City Solicito
Public Records Access Officer
Seah Levy
CITY OF CAMBRIDGE
Office of the City Solicitor
795 Massachusetts Avenue
Cambridge, Massachusetts 02139
August 14, 2019
Louis A. DePasquale
City Manager
City Hall
Cambridge, MA 02139
Re:
Legal Opinion in response to June 27, 2019 Ordinance Committee Re:
Questions Relating to the Cannabis Permitting Ordinance the City Council
Adopted at its July 30, 2019 Meeting
Dear Mr. DePasquale:
At the June 27, 2019 Ordinance Committee meeting, the draft cannabis permitting
ordinance was discussed. The Committee Report containing questions raised by Councilors at
the meeting was adopted by the City Council at the Council meeting of July 30, 2019. The
questions are stated below, followed by responses.
1) May the City Council set host community agreement criteria? (from p.4 of the Committee
Report).
Yes, the City Council may set general Host Community Agreement criteria by
Ordinance, within a framework that allows the City Manager leeway to agree to
terms with individual applicants that may be unique to each applicant in order to
negotiate a mutually acceptable agreement. For the Council's information, attached
hereto is a preliminary draft Host Community Agreement that will be finalized for
use by the City Manager after the City Council has enacted the Cannabis Business
2) How does the City Manager decide when there are 3 applicants for one neighborhood and
establish criteria for areas missing in zoning and missing in permitting (from p.4 of the
Committee Report).
If a situation arises in which the City Manager is presented with three requests for
Host Community Agreements from applicants with proposed locations that could
Telephone [phone removed]
Facsimile [phone removed]
TTYTTD [phone removed]
2
comply with zoning and other local requirements, but which are near to each other,
I believe that the City Manager could exercise his diseretion and choose not to
execute a Host Community Agreement with one or more of those applicants,
effectively denying certain applicants the ability to move forward, where the City
Manager believes that it would be in the best interests of the City to execute a Host
Community Agreements) with one or more other applicants. See Mederi, Inc. v.
City of Salem, et al., Essex Superior Ct. C.A.#2018-01878, in which Judge Timothy
Feeley ruled in January 2019 for the City of Salem, denying an injunction to
Mederi, Inc. after Salem refused to enter into a Host Community Agreement with
Mederi, Inc. Judge Feeley found that, "A municipality is not specifically required
under (G.L.c.94G) Section 3(d) to execute a HCA (Host Community Agreement)
with any applicant;" (at p.21) and that "There has to be a process to distinguish
among an excessive number of otherwise qualified applicants for a limited number
of RME (retail marijuana establishment] licenses...", and that it was acceptable for
the City of Salem to be the entity that makes those distinetions, as opposed to the
Cannabis Control Commission (at p.19). This was so even where Mederi had
already been granted a special permit by the Salem Zoning Board of Appeals. It is
important to note that while Judge Feeley's cited ruling in the Mederi case was not a
final judgment in the case and is not a binding precedent on any other judge, this
case does support the proposition that the City Manager could exercise his
discretion in this circumstance, and there does not appear to be any case law that
would prohibit the City Manager from exercising his discretion in this
circumstance.
3) If the City Council sets criteria to help guide the City Manager in negotiations for the host
community agreements, where would these be placed. (from p.5 of the Committee Report)
Such criteria should be provided in the Cannabis Business Permitting Ordinance.
4) The City Manager was requested to instruct the City Solicitor to provide a legal opinion to
the City Council about the legality of providing funding to non-profits related to the cannabis
establishments and how this funding can be used for economic empowerment entrepreneurs.
A proposal to the Ordinance Committee was submitted on June 27, 2019 to require
existing Registered Marijuana Dispensaries ("RMDs") to pay $250,000 annually for
4 years into a fund for the benefit of Economic Empowerment applicants in order
for those RMDs to qualify to obtain a cannabis business permit from the City. An
amended proposal was submitted to the full City Council on July 30, 2019 to require
two payments by existing RMDs of not less than $500,000 within a twelve-month
period after they have received all local permits to operate.
Both of these proposals raise significant legal concerns as set forth below.
The City has authority generally to impose fees, but such fees must be proportionate
to the costs incurred by the City in providing the services for which the fee is
2
3
imposed. See generally, Emerson College v. City of Boston, 391 Mass. 415 (1984).
Relating to cannabis, the governing statutes allow a 3% local tax and a 3%
community impact fee on cannabis retail establishments, but do not expressly
authorize a local requirement of more payments to be made in order to operate
within a municipality. The statutes cap the community impact fee that
municipalities may impose at 3%. Requiring by ordinance a substantial payment
by licensed RMDs of $250,000 or more to be paid into a fund for Economic
Empowerment applicants would likely be considered an impermissible tax if the fees
are in excess of the City's reasonable costs in issuing a cannabis business permit.
Cities do not have independent legal authority to impose taxes. That limitation is
stated expressly in the Massachusetts Constitution's Home Rule Amendment,
Amend.Art.2, 87. In addition, in a recent phone call, an attorney at the Department
of Revenue's Division of Local Services opined informally that it is possible that the
State has preempted local action on the imposition of fees on cannabis
establishments by setting the 3% cap, in which case the City would not be permitted
to require additional payments that would exceed the 3% cap.
Some municipalities have required in Host Community Agreements that cannabis
businesses make payments beyond the 3% local tax and 3% community impact fee,
apparently taking the position that the statutory language does not expressly say
that such payments are not permitted, and that municipalities have the authority to
enter into contracts on such terms as the municipalities and the cannabis businesses
may agree. To date, although I am not aware of any court ruling that has struck
down these provisions, the Boston Globe reported on July 28, 2019 (at p.B1) that
Massachusetts lawmakers are set to consider new limits on the ability of
municipalities to demand fees from cannabis companies, following widespread
complaints by businesses, activists, and state regulators that many local officials are
demanding such fees. The Cannabis Control Commission has submitted a lengthy
report to the Legislature outlining many of the concerns that it has and that have
been expressed to it on this issue. See Report on Host Community Agreements and
Marijuana Establishments, March 2019. It is unclear what, if any, action the
Legislature will take on this issue and how such action might affect existing
agreements.
An additional complication is that the DOR's Division of Local Services has opined
that a financial exaction required by a municipality for a cannabis business permit
would be considered general fund revenue to the municipality, which could only be
spent for a public purpose after appropriation. See DLS Local Finance Opinion
LFO-2018-3. If the City were to require such payments by the Cannabis Business
Permitting Ordinance, the proposed use of these general funds to assist private
parties such as Economic Empowerment applicants would likely be found not to be
a permitted public purpose for which general funds could be appropriated, as that
would violate the State Constitution's Anti-Aid Amendment (Amend. Art. XVIII).
3
4
One approach that would be permissible is for the City to provide the impact fees to
non-profit charitable corporations through grant agreements for services that the
City would not otherwise be providing, as the City has done in other cireumstances.
Another approach that could be considered is that a proposed fund for Economic
Empowerment applicants could be created and/or donated to voluntarily by the
RVDs without any City requirement that they do so. In the recent phone call, the
DLS attorney stated informally that if the City were not involved in the process,
such an independent fund supported by voluntary donations might be permissible.
The Law Department and other City staff will continue to explore ways in which the
City may permissibly take steps to achieve the City Council's goals in this regard.
5) The City Manager was requested to instruct the City Solicitor to provide information on
whether a provision could be included in the host community agreement about requiring
RMDs to provide medical cannabis after converting to adult use. Information was also
requested about whether requirements regarding the disclosure of beneficial interest in an
applicant's business need to be part of the ordinance or could be accomplished by
administrative regulations.
The Cannabis Control Commission has stated in its Guidance documents that a
municipality may not prevent the conversion of a permitted existing RMD to a
retail-only establishment. The Cannabis Control Commission's "Guidance for
Municipalities" at p.10 states that its interpretation of the applicable statutory
language is that it prohibits municipalities from preventing conversion of permitted
existing RVIDS to an entirely different form of a marijuana establishment, such as
one for retail use only. Therefore, it appears that the City may not require the
continuation of permitted existing RMD operations through a Host Community
Agreement in order for the permitted existing RMD to be allowed to convert to
retail sales for adult use.
The Ordinance could require the disclosure of the beneficial interests in the
applicant's business and authorize the City Manager to issue regulations relative to
the specific disclosure requirements. An official at the Cannabis Control
Commission informally advised the Law Department that local requirements on
beneficial interest disclosure would not conflict with the Cannabis Control
Commission's own regulations requiring similar ownership disclosures.
6) The City Manager was requested to instruct the City Solicitor to consider the proposed
amendments included in the memorandum submitted by Councilors Siddiqui and Zondervan
at the June 24, 2019 City Council meeting as a Communication and Report from Other City
Officers and to incorporate the amendments on page 4 relating to the City Manager not
issuing a license to an applicant if any third party has more than 50% controlling interest in
annabis retail establishment, shelf space, loans or other financial interest in a cannabis
establishment; and the creation of an online Cannabis license registry either as regulations
and/or ordinance or Policy Orders.
4
5
We understand these requests to refer to a memorandum dated June 20, 2019 from
Councilors Zondervan and Siddiqui (copy attached) on page 4 of which are included
"Proposed Regulations" and "Other Proposed Provisions." The "Proposed
Regulations" include provisions that would prohibit any entity with a controlling
interest in an applicant from holding more than one controlling interest in any
cannabis retail establishment in Cambridge, and provisions that authorize the City
Manager to impose restrictions to limit the amount of control that any one party has
over cannabis retail establishments in Cambridge.
Generally, when the Council is creating new legal requirements, it acts by
legislating, that is, by enacting new ordinances. Regulations in the technical sense
are promulgated by executive branch officials or boards in furtherance of, and must
always be consistent with, the provisions of enacted legislation. Therefore, the
Council should put any such provisions it wants to codify into the Ordinance itself.
In my opinion, the two "proposed regulations" could be added to the Ordinance, but
the language should be clarified as to whether the intent is that the City Manager
should accomplish the objectives stated by way of Host Community Agreements, or
whether the objectives are intended to be accomplished as business permit
requirements. Also, as to the first Proposed Regulation, there are legal concerns
raised to the extent that that provision would prohibit existing permitted RDs
currently controlled by the same entity from converting to adult use retail
establishments where such conversion rights are protected by state law.
The "Other Proposed Provisions" proposes that the Community Development
Department publish an on-line registry of all currently licensed cannabis
establishments with the owner(s)' names and other information. Such a proposed
registry would not need to be included in the Ordinance but rather could be
developed by the City Manager with the assistance of the Assistant City Manager
for Community Development.
Very truly yours,
City Solicitor
Enclosures
5
HOST COMMUNITY AGREEMENT
This HOST COMMUNITY AGREEMENT (the "Agreement") is made as of the _
_ 2019 (the "Effective Date") by and between the CITY OF CAMBRIDGE (hereinafter referred
to as the "Host Community" or "City"'), a municipal corporation existing within the Commonwealth of
Massachusetts with an address of City Hall, 795 Massachusetts Avenue, Cambridge, Massachusetts
(hereinafter referred to as the "Applicant") a
02139, and
Massachusetts corporation with a usual place of business located at
- The City and the Applicant shall be
collectively known herein as the "Parties".
BACKGROUND
WHEREAS, on July 28, 2017, An Act To Ensure Safe Acces To Marjuana (the "Af") was signed into
law by the Governor of the Commonwealth of Massachusetts; and,
WHEREAS, certain provisions of the Act require that an applicant for a license to operate a Marijuana
Establishment (as defined in the Act) enter into a host community agreement with the municipality in
which such applicant seeks to operate (M.G.L. Ch. 94G, §3(d)); and
WHEREAS, Applicant seeks to operate
suchra Marijuana Establishment in the City, being a retail store, at
the location of
(the "Premises");
and,
any actual adve
se community impacts and to
mitigate
WHEREAS, the City and the Applicant desire to
protect the security and health of the people of Cambridge, and
WHEREAS, the City and the Applicant desire to enter Into this Agreement to state the terms the Applicant
must meet in order for the City to agree to be the Host Community for Applicant's Marijuana
Establishment, and
WHERE
S, it is the intention of the Parties that each be bound by the provisions of this Agreement and
that this
eement be fully enforceable in accordance with its terms,
NOW, THEREFORE, the Applicant and the City covenant and agree as follows:
1. Hiring.
2.
Hiring of Cambridge Residents. When hiring workers for available positions at the
Marijuana Establishment, the Applicant shall use best efforts to hire workers for those
positions as follows: first, qualified residents of the City of Cambridge; and then, if
workers cannot be obtained in sufficient numbers, positions may be open to other
qualified workers. The Applicant's goal for hiring of Cambridge residents shall be
50% of its workers. In furtherance of this commitment the Applicant shall work in
concert with local work-force organizations and programs in an effort to inform the
community and to help identify Cambridge residents who have or can acquire the
appropriate training, skills and work experience to work for the Applicant.
b. Hiring of minorities, women, military veterans, and individuals with a prior.
marijuana-related conviction. Applicant shall also use best efforts to hire workers
who are minorities, women, military veterans, as well as individuals who have a prior
conviction solely for a marijuana-related offense unless the offense involved the
listribution of a controlled substance, including marijuana, to a minor (and as may b
allowed by the Cannabis Control Commission). Applicant shall document its effort
and the results of its efforts to hire such workers to the City in such form as the City
may reasonably request.
2. Public Education Requirements. Applicant shall work with the City to create and distribute to
consumers public education materials regarding cannabis. The City must give final approval of
such materials prior to their distribution. Applicant shall display and distribute such material to
each of its customers at the point of sale. If requested by the City, Applicant agrees to work
collaboratively with the City and provide staff to participate in a reasonable number of City-
sponsored educational programs on public health and drug abuse prevention geared toward public
health and public safety.
Enforcement by City. The enforcement measures for the Applicant's breach of any material term
of this Agreement include, but are not limited to the following: the City may report such breach
to the state Cannabis Control Commission and/orto the Attorney General; the City may terminate
this Agreement pursuant to paragraph 15 below; the City may revoke any permitgranted by the
City to the Applicant in connection with its Marijuana. Establishment for breach of any term of
such permit; the City may seek relief in arcourt of competent jurisdiction against the Applicant.
4.
Restrictions on Consumption, Production, Manufacturing, Processing, Packaging, and Sales. All
consumption, production, manufacturing, processing, packaging and re-packaging of cannabis
flower product on site at the Premises is prohibited, At the Premises, Applicant may sell only
cannabis and cannabis accessories, and not other products, including tobacco products or
alcoholic beveragestof any kind
3. Community impact feethe City imposes on the Applicant a Community Impact Fee in the
amount of three percent (3%) of Applicant's gross revenues derived from the Establishment's
ales. The Parties agree that this fee is reasonably related to real costs imposed on the City due to
the Applicant's Marijuana Establishment at the Premises operating in the City. Applicant agrees
to make payments of this fee to the City Treasurer every six (6) months. Payments are due thirty
(30) days after the end of a six-month period. The first payment will, therefore, be due seven (7)
months afterthe opening date of the Marijuana Establishment, and a payment will be due every
six months thereafter. If this Agreement terminates prior to its anticipated five (5) year term, the
Applicant's final payment of this fee to the City shall be made within thirty (30) days following
the date of termination. Payment of the Community Impact Fee shall not reduce Applicant's
responsibility for other payments due to the City from the Applicant, such as water and sewer
payments, real and personal property tax payments, sales tax payments, and other City fees
associated with the permitting, construction, or licensing of the Premises. Applicant shall submit
to the City annually financial statements, satisfactory to the City, certified by a Certified Public
Accountant that shall at a minimum indicate the amount of the gross revenues from the
Establishment's sales.
6. Compliance with Laws: Planning Board Special Permit Required. The Applicant shall comply
with all State and local laws, codes, rules and regulations in connection with its Marijuana
Establishment, including all City permitting and licensing laws. Such compliance shall include
the Applicant obtaining a special permit from the Planning Board specifically related to its retail
sales of marijuana at the location that is the subject of this Agreement.
7. Hours of Operation. The Establishment's hours of operation must be approved by the Cambridge
Police Commissioner, including any change in previously approved hours of operation.
8. Requests for Information. Applicant shall cooperate and comply with requests for information
made by the City Council, the City Manager and City Departments, including the Police
Department, Public Health Department, Inspectional Services Department, Fire Department,
Traffic Department, Law Department, Finance Department and Community Development
Department.
9. Consent to Inspections. Applicant consents to unannounced, unscheduled, periodic inspections of
the Premises and of vehicles associated with the Premises by City officials for the City to
determine compliance by the Applicant and its employees and agents with all State and local laws,
codes, rules, regulations and requirements.
10. Traffic and Crowd Management. Applicant müst work with the City raffic Director and the
Police Commissioner at their request to resolve any traffic and/or crowd management issues
resulting from the operation of the Premises. Any costs related to traffic mitigation or crowd
management measures required by the City, including a paidi police detail during some or all
hours of operation, shall be borne, by the Applicant
11. List of Applicant's Officers. Applica
ust provide the City with a regularly updated list of the
names, phone numbers and email addresses ofits Manager/s of the Premises, as well as its Chief
Died a any lane min.
Executive Officer, Executive Director and any other individua Sinvolved in the oversight and
business management of the Establishment's operat
12. Living Wage. The Applicant shall comply with the City'3 Living Wage Ordinance, Cambridge
Municipal Code Chapter 2.121 and pay its omployees at least a Living Wage as defined under
said Ordinance.
d Personal Property Taxes
tall times during the Term of this Covenant, the real
13. Re
estate and personal property taxes for the property at which the Marijuana Establishment is
operated will be paid either directly by the Applicant or by its landlord, and the Applicant Will not
seek a non-profit or other tax exemption from paying such taxes.
14. Local Exoise: Taxes. Applicant shall pay the local excise tax on its retail transactions as may be
required by law
15. Terms and Termination The Term of this Agreement shall commence upon the date that the
Applicant opens the Marijuana Establishment in Cambridge and shall remain in effect until one of
the following occurs:
a.) the Cannabis Control Commission revokes the Applicant's license to operate a Marijuana
Establishment, thereby requiring the Applicant to cease operation of the Marijuana
Establishment; or,
b.) the Applicant terminates this Agreement upon the permanent cessation of all Marijuana
Establishment business at its location within the City of Cambridge, having given the City
at least 90 days prior written notice of its plans to permanently cease operations; or,
c.) five (5) years has elapsed since the effective date of the Agreement, except that the Parties
agree that if it appears that this Agreement will terminate by virtue of it having been in
effect for the maximum term of five (5) years, then at least ninety (90) days prior to such
termination the Parties may work in good faith to negotiate a successor agreement to this
Agreement; or
d.) the City determines that the Applicant has breached a material term of this Agreement or
has failed to comply with any State or local law, code, rule, regulation or requirement,
and has notified the Applicant in writing of its decision to terminate this Agreement based
on such breach. It shall be considered a material breach of this Agreement if more than
10% of the ownership interest in the Applicant is transferred, sold, or otherwise conveyed
to any person, corporation, trust or other legal entity after the execution of this Agreement
by the Parties, without the prior written approval of the City.
If this Agreement is terminated based on paragraphs (a); (b), or (d) above, then the Applicant shall
immediately cease all of its operations at the Premises.
16. Assignment. The Applicant shall be prohibited at all times from assigning, in whole or in part, any
portion of the Agreement without the prior
r written consent of the City.
17. Relocation. Applicant may not relocate its Marijuana Establishment without first obtaining a new
special permit from the Planning Board and obtaining all other approvals for any relocation
required by law.
This Agreement does not affect, limit, or control the
18. Other Permits, Licenses and Approvals.
authority of City boards or departments to carry out their respective powers and duties to decide
upon and to issue or deny applicable permits, licenses androther approvals under applicable laws,
or to enforce applicable laws
19. Notice. Any notice hereunder shall be in writing and shall be deemed duly given if mailed by
certified orregistered mail, postage and registra
on charges prepaid, at the addresses set forth
hel
the City:
Cambridge City Hall
95 Massachusetts Avenue
Cambridge, MA 12039
Attention: City Manager
Cambridge City Hall
and to.
795 Massachusetts Avenue
Cambridge, MA 12039
Attention: City Solicitor
Applicant:
20. Entire Agreement. This agreement supersedes any and all other agreements, either oral or in
writing, between the Parties hereto. This Agreement may not be changed verbally and may only
be amended by an agreement in writing signed by both Parties.
21. No Rights in Third Parties. This Agreement is not intended to, nor shall it be construed to, create
any rights in third parties.
22. Severability. If any portion of this Agreement shall be held by a court of competent jurisdiction to
be contrary to law, that provision will be enforced to the maximum extent permissible and the
remaining provisions shall remain in full force and effect.
23. Governing Law and Exclusive Venue. The Parties agree that this Agreement shall be governed by
and construed in accordance with the laws of the Commonwealth of Massachusetts, and that a
court of competent jurisdiction in Middlesex County shall be the exclusive venue for any court
proceedings that may arise from this Agreement.
any governmental enforcement actions, or any private claims or actions, related to the
Establishment's operations and shall pay for all reasonable fees and costs, including reasonable
attorneys' fees and costs, resulting to the City therefrom.
25. Ownership. The Applicant shall not transfer, assign or pledge any interest in the Marijuana
Establishment ("Transfer of Ownership") without the written consent of the City. Notwithstanding
any such written consent by the City, any Transfer of Ownership shall also require such transferee
to obtain a new special permit or any: other applicabl
Ordinance.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, Applicant and the City have executed this Agreement under seal as of the day
and year first above written.
CITY OF CAMBRIDGE:
m Farooq
Louis A. DePasquale, Cambridge City Manager
ssistant City Manager for
Community Development
Approved as to Form:
olicitor
Nancy E. Glowa, City
APPLICAN
By: :
Print name and title:
Duly authorized
7.3.a
CAMBRIDGE CITY COUNCIL
Quinton Zondervan
Sumbul Siddiqui
City Councillor
City Councillor
To: Paula Crane, Interim City Clerk
From: Quinton Y. Zondervan and Sumbul Siddiqui, City Councillors
Date: June 20, 2019
Subject: Memorandum Submission
Please place the attached memorandum, "Establishing the Equitable Regulation of the Cannabis Industry
in the City of Cambridge" on the City Council agenda as "Communications and reports from Other City
Officials" for the June 24, 2019 meeting.
Thank you.
(COF 2019 #41 : Establishing the Equitable Regulation of the Cannabis Industry in the City of
Attachment: COCO_Cannabis_6.24.2019
Packet Pg. 304
73.a
CAMBRIDGE CITY COUNCIL
Quinton Zondervan
Sumbul Siddiqui
City Councillor
City Councillor
MEMORANDUM
To: Cambridge City Council
From: Quinton Y. Zondervan and Sumbul Siddiqui, City Councillors
Date: June 20, 2019
Subject: Establishing the Equitable Regulation of the Cannabis Industry in the City of Cambridge
the Equitable Regulation of the Cannabis Industry in the City of
Establishing the Equitable Regulation of the Cannabis
Industry in the City of Cambridge
Since the last Ordinance Committee meeting (May 9, 2019), held to discuss the proposed
Cannabis Business Permitting ordinance, Councillors Zondervan and Siddiqui have individually
met with the City Solicitor's office to discuss additional proposed amendments. As new draft
language for the ordinance has not been made available to us thus far, we are describing these
amendments conceptually for discussion and consideration at the upcoming Ordinance
Committee meeting (June 27, 2019) in this memo, in the hope that the Committee can provide
guidance to the City Solicitor's office so that the ordinance language can be finalized
subsequent to that meeting, and can be presented to the full Council in time for final deliberation
and adoption of the ordinance at the summer meeting (July 29, 2019).
Proposed Amendments to the Ordinance:
Chapter 5.50 Cannabis Business Permitting
020.a Group A Priority Applicant definition:
Add a Cambridge residency requirement to Social Equity applicants as follows:
A person, corporation, or other legal entity applying for a Cannabis Business permit pursuant to
this Chapter to operate in the City who is:
Packet. Pg: 306.
7.3a
CAMBRIDGE CITY COUNCIL
Quinton Zondervan
Sumbul Siddiqui
City Councillor
City Councillor
1) A Social Equity Applicant certified by the Commonwealth of Massachusetts
Cannabis Control Commission (CCC), and has been a Cambridge resident for at least 2 years;
or
2) a Women or Minority Owned business as certified by the Commonwealth; or
3) a Cambridge resident earning less than 50% AMl in the tax year prior to application- to be
known as Group A Priority Applicants.
•..
040. Permitting Preferences for Priority Applicants:
a. The City shall issue a Cannabis Business permit pursuant to this Chapter only to Priority
the Equitable Regulation of the Cannabis Industry in the City of
Applicants.
b. For the first 2 years from the effective date provided in Section 10 below, the City shall issue
a Cannabis Business permit to operate a Cannabis Retail Store pursuant to this Chapter only to
Priority Applicants who are an Economic Empowerment Applicant.
050. Permitting Requirements:
a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must
certify that:
ADD the following criteria:
It will certify it is a business in good standing with no outstanding federal, state or local
investigations or judgments pending against it.
products sold in its store.
It will comply with disclosure requirements similar to Boston (attached to memorandum)
including beneficial and controlling ownership, loan agreements and shelf space agreements.
Proposed Regulations:
3
Packet Pg 308
73a
CAMBRIDGE CITY COUNCIL
Sumbul Siddiqui
Quinton Zondervan
City Councillor
City Councillor
Based on the information disclosed in the application, the City Manager will not issue a license
to an applicant if any third party has more than 50% stake (controlling interest) in the applying
Cannabis Retail establishment and also has a controlling interest in any other licensed
Cannabis Retail establishment in Cambridge.
The City Manager may impose other restrictions on third party control over shelf space, loans
n of the Cannabis Industry in the City of
and other financial interests in Cannabis Retail establishments in Cambridge so as to ensure
fairness, and to limit the amount of control any one party has over the licensed Cannabis Retail
establishments in Cambridge.
Regulation
Other Proposed Provisions:
Equitable
Cannabis License Registry
The Community Development Department shall publish online a registry that lists all currently
licensed cannabis establishments, the types) of licenses held by each establishment, the
owners) names), and the physical addresses) of operation. The registry shall be accompanied
by a map, showing the locations of all licensed establishments.
I: Establishing
Attachment: COCO_Cannabis_6.24.2019
PacketPg. 307
73.6
CITY OF BOSTON MARIJUANA ESTABLISHMENT
BENEFICIAL INTEREST CONTACT - Individual
Please complete a Beneficial Interest - Individual sheet for all individual(s) who have a direct or indirect beneficial interest, wit f
or without ownership, in this license. This includes people with a financial interest and people without financial interest (i.e.
board of directors for not-for-profit clubs).
An individual with direct beneficial interest is defined as someone who has interest directly in the proposed licensee. For
example, if ABC Inc is the proposed licensee, all individuals with interest in ABC Inc are considered to have direct beneficial
interest in ABC Inc (the proposed licensee).
An individual with indirect beneficial interest is defined as someone who has ownership in a parent level company of the
proposed licensee. For example, if ABC Inc is the proposed licensee and is 100% owned by XYZ Inc, all individuals with interes
lin XYZ Inc are considered to have an indirect beneficial interest in ABC Inc (the proposed licensee).
Salutation
suffix
Middle Name
First Name
-
Last Name
Title:
Date of Birth
Social Security Number
Email:
Primary Phone:
Fax Number
Mobile Phone:
Alternative Phone:
Business Address
Street Number:
Street Name:
State:
City/Town:
Zip Code:
Country:
Mailing Address
• Check here if your Mailing Address is the same as your Business Address
Street Name:
Street Number:
State:
City/Town:
Zip Code:
Country:
Types of Interest (select all that apply)
• Landlord
• Director
LLLC Manager
• Contractual
officer
[ LLC Member
• Management Agreement
•Other
• Stockholder
•Sole Proprietor
• Revenue Sharing
• Partner
Citizenship/ Residency Information.
Are you a U.S. Citizen?
• Are you a Massachusetts Resident?
Ores ONo
ONO
OYes
Criminal History
Attachment: Beneficial Interest Disclosure individual (COF 2019 #41 : Establishing the Equitable Regulation of the Cannabis Industry in
Have you ever been convicted of a state, federal, or military crime?
If yes, please provide an affidavit
Ores ONo
explaining the charges. Packet Po1308
73.6
CITY OF BOSTON MARIJUANA ESTABLISHMENT
BENEFICIAL INTEREST CONTACT - Individual (continued)
Ownership/Interest
If you hold a direct beneficial interest
in the proposed licensee, please list
Using the definition above, do you hold a direct Direct
OIndirect
he % of interest vou hold
or indirect interest in the proposed licensee?
If you hold an indirect beneficial interest in this license, please complete the Ownership / Interest Table below.
Ownership/Interest
if you hold an indirect interest in the proposed licensee, please list the organizations) you hold a direct interest in which, in
turn, hold a direct or indirect interest in the proposed licensee. These generally include parent companies, holding companie:
trusts, etc. A Beneficial Interest - Organization Form will need to be completed for each entity listed below.
FEIN
Name of Beneficial Interest - Organization
Other Beneficial Interest
List any indirect or indirect beneficial or financial interest you have in any other City of Boston marijuana establishment.
Premises Address
Name of License
Type of License
Familial Beneficial Interest
Does any member of your immediate family have ownership interest in any other City of Boston marijuana establishment?
Immediate family includes parents, siblings, spouse and spouse's parents. Please list below.
Premise Address
Type of Interest (choose primary function) Percentage of Intere
Relationship to You
Prior Disciplinary Action
Have you ever been involved directly or indirectly in a marijuana license that was subject to disciplinary action? If
yes, please complete the following:
State
Reason for suspension, revocation or cancellation
Date of Action
Name of License
City
Attachment: Beneficial Interest Disclosure
• Packot Pg 309
CITY OF BOSTON MARIJUANA ESTABLISHMENT APPLICATION
730
BENEFICIAL INTEREST - Organization
the
Please complete a Beneficial Interest - Organization sheet for all organization(s) who have a direct or indirect beneficial intere
with or without ownership, in this license.
Example:
ABC Inc. is applying for a marijuana license. ABC Inc. is 100% owned by XYZ Inc., which is 100% owned by 123 Inc. XYZ Inc. is
considered to have a direct beneficial interest in the proposed licensee (ABC Inc.) and 123 Inc. is considered to have indirect
beneficial interest in the proposed licensee (ABC Inc.). Both XYZ Inc. and 123 Inc. should complete a Beneficial Interest -
Organization Form.
FEIN:
Entity Name:
Fax Number:
Primary Phone:
Email:
Alternative Phone:
Business Address
Street Name:
Street Number:
State:
City/Town:
Zip Code:
Country:
Mailing Address
• Check here if your Mailing Address is the same as your Business Address
Street Name:
Street Number:
State:
City/Town:
Country:
Zip Code:
Publicly Traded
Is this organization publicly traded? Oyes
ONO
Ownership/ Interest
If this organization holds a direct beneficial
Using the definition above, does this
interest in the proposed licensee, please list
organization hold a direct or indirect interest in ODirect Oindirect
the proposed licensee?
the % of interest It holds.
If you hold an indirect beneficial interest in this license, please complete the Ownership/ Interest Table on the next page.
Attachment: Beneficial Interest Disclosure Organization (COF 2019 #41 : Establishing the Equitable Regulation of the Cannabis Industry
Packet Pg.310
CITY OF BOSTON MARIJUANA ESTABLISHMENT APPLICATION
Ownership/ Interest
Lif this organization holds an indirect interest in the proposed licensee, please list the organization(s) It holds a direct interest in
which, in turn, hold a direct or indirect interest in the proposed licensee. These generally include parent companies, holding
ompanies, trusts, etc. A Beneficial Interest - Organization Form will need to be completed for each entity listed below.
FEIN
Name of Beneficial Interest - Organization
Other Beneficial Interest
List any indirect or indirect beneficial or financial interest this entity has in any other City of Boston marijuana establishments).
Name of License
Premises Address
Type of License
7.3:c
Prior Disciplinary Action
Has this entity ever been involved directly or indirectly in a marijuana license that was subject to disciplinary action?
If yes, please complete the following:
Name of License
Date of Action
Reason for suspension, revocation or cancellation
State City
ganization (COF 2019 #41 : Establishing the Equitable Regulation of the Cannabis Industry in the
CAMBRIDGE CITY COUNCIL
Mayor
E. Denise Simmons
2008-2009
City Councillor
2016-2017
June 27, 2019
Paula Crane
Interim City Clerk
Cambridge City Hall
Re: Proposed Amendments For June 27, 2019 Ordinance Hearing
Dear Ms. Crane:
I am submitting my proposed amendments to the Cannabis Business Permitting discussion scheduled
to take place at the Ordinance Hearing scheduled for June 27, 2019 at 3:30 pm. Please include the proposed
attached amendments as part of the record for consideration and discussion at this hearing. Thank you for your
Sincerely,
City Councilor E. Denise Simmons
CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139
EMAIL: dsimmons@cambridgema.gov
TTY/TDD: [phone removed]
FAX: [phone removed]
[phone removed]
Proposed Amendments to the Ordinance:
Chapter 5.50 entitled "Cannabis Business Permitting" is hereby amended in Section 5.50.040
"Permitting Preferences for Priority Applicants" by striking subsection (a.) and inserting in its
place, the following:
5.50.040 Permitting Preferences for Priority Applicants
a. For the first two years from the effective date provided in Section 10 below, the City shall issue a
Cannabis Business permit pursuant to this Chapter only to Priority Applicants. The City will only issue a
Cannabis Business permit to (a) a Group B Priority Applicant if, after issuance, there will be an equal or
greater number of currently active Cannabis Business permits of that type held by Group A Priority
Applicants, or (b) if the applicant is an RMD that has been granted a Provisional Certificate of
Registration not later than July 1, 2017 and is seeking licensure as a Cannabis Retail Store for retail
cannabis sales.
Chapter 5.50 entitled "Cannabis Business Permitting" is hereby amended by inserting a new
section to be entitled "Section 5.50.045 RMD Conversion Economic Empowerment Accelerator
Deposit":
5.50.045 RMD Conversion Economic Empowerment Accelerator Deposit
An RMD that has been granted a Provisional Certificate of Registration not later than July 1, 2017 and is
seeking licensure as a Cannabis Retail Store for retail cannabis sales pursuant to Section 4 above shall i)
deposit not less than $250,000 annually into the Cambridge Economic Empowerment Accelerator Fund
for a period of four years to commence upon the date of the City's issuance of a certificate of occupancy
to such RMD as a co-located Cannabis Retail Store and ii) coordinate with each RMD that qualifies under
this subsection to collaboratively establish and fund a management and operations training program
available for all Economic Empowerment applicants certified pursuant to Section 6 below.
Chapter 5.50 entitled "Cannabis Business Permitting" is hereby amended by inserting a new
section to be entitled "Section 5.50.095 Cambridge Economic Empowerment Accelerator Fund":
Section 5.50.095 Cambridge Economie Empowerment Accelerator Fund
a. The Assistant City Manager for Community Development shall establish a procurement process by
which the City shall engage a nonprofit located within the City of Cambridge to establish and administer
a Cambridge Economic Empowerment Accelerator Fund. The purpose of the fund shall be to provide
start-up capitalization grants to support qualifying Economic Empowerment applicants certified pursuant
to Section 6 above.
b. The Fund shall be administered by the selected nonprofit. There shall be a Cambridge Economic
Empowerment Accelerator Fund Advisory Board which shall support and advise the nonprofit in it
administration of the fund. The advisory board shall be made up of the Assistant City Manager for
Community Development or designee, who shall serve as chair, as well as four City residents with
experience in community and economic development or small business development to be appointed by
the City Manager.
AMTACHMENT E
ATTACHMENT B
committee Rep: #14-7130119
CITY OF CAMBRIDGE
In the Year Two Thousand Nineteen
AN ORDINANCE
In amendment to the Municipal Code of the City of Cambridge
Be it ordained by the City Council of the City of Cambridge as follows:
That the Municipal Code of the City of Cambridge be amended in Title 5 entitled
"Business Licenses and Regulations" by adding a new chapter 5.50 entitled "Cannabis
Business Permitting" which reads as follows:
Cannabis Business Permitting
Chapter 5.50
5.50.010 Purpose
This ordinance is intended to create a separate local permitting requirement for Cannabis Retail
Store, Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter
(collectively "Cannabis Business") applicants to certify compliance with certain conditions in the
public interest prior to being permitted to operate a Cannabis Business in the City. The City
deems it to be in the public interest to give initial permitting preferences for Cannabis Businesses
to Priority Applicants, as defined herein.
5.50.020. Definitions
Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product
Manufacturer and/or Cannabis Transporter.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission
as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer
cannabis or marijuana to other cannabis or marijuana establishments, but not to consumers. A
craft marijuana cooperative as defined by state regulation is a type of Cannabis Cultivator.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control
Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package
cannabis or marijuana products and to transfer these products to other cannabis or marijuana
establishments, but not to consumers.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or
marijuana products to consumers for use off the premises, but not to cultivate, manufacture,
process, or package cannabis or marijuana products, in accordance with applicable state laws and
regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana
2
Retailer or registered as a Medical Marijuana Treatment Center, also known as a Registered
Marijuana Dispensary (hereafter "RMD"), or both, in accordance with applicable state laws and
regulations.
Cannabis Transporter. An entity, not otherwise licensed by the Cannabis Control
Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana, or cannabis
or marijuana products, solely for the purpose of transporting, temporarily storing, selling and
distributing them to cannabis establishments, not for selling to consumers.
Priority Applicant. A person, corporation, or other legal entity applying for a Cannabis
Business permit pursuant to this Chapter to operate in the City who is:
a. Group A Priority Applicant. An Economic Empowerment or Social Equity Program
Applicant certified as such by the Commonwealth's Cannabis Control Commission; or a
Social Equity Program Applicant certified as such by the Commonwealth's Cannabis
Control Commission who is also a Cambridge resident and has been for at least the
previous three years; or a Women or Minority Owned business as certified by the
Commonwealth and/or by the City: or a Cambridge resident for at least the three previous
years prior to application earning less than fifty percent (50% of Area Median Income
(AMI) in the three previous tax years prior to application -- to be known as Group A
Priority Applicants.
b. A. Group B Priority Applicant. An RMD within the City that will sellwas licensed or
registered not later than July I, 2017 to sell cannabis products in a Cannabis Retall Store
pursuant to the Commonwealth's medical use of marijuana laws, which seeks toeither
alone or in addition to operateing as a licensed marijuana retailer pursuant to the
Commonwealth's adult use of marijuana laws - to be known as Group B Priority
Applicants. Those who qualify as Group B Priority Applicants cannot also qualify as a
Group A Priority Applicant.
5.50.030 Applicability
This Chapter shall apply to any proposed Cannabis Cultivator, Cannabis Product Manufacturer,
Cannabis Retail Store, or Cannabis Transporter that is seeking licensure from the Cannabis
Control Commission on or after the effective date of this Chapter. This Chapter shall not apply to
RMDs that have already been permitted in the City and are not seeking licensure as a Cannabis
Retail Store for retail cannabis sales prior to the effective date of this ordinance ("Existing
RMD").
5.50.040 Permitting Preferences for Priority Applicants
a. For the first two years from the effective-date provided in Section 10 betow, the City shatt
issue a Cannabis Business permit pursuant to this Chapter only to Priority Applicants. The
3
City-will only issue a Cannabis-Business permit to a Group B Priority Applicant if, after
issuance, there-will be an equat or greater number of currently active Cannabis Business
permits of that type held by Group A Priority Applicants, or if the appeant is an RND that
has been granted a special permit from the Planning Board and a Provisional Certificate of
Registration from the Cannabis Control Commission before the effective date of this Chapter
and is seeking licensure as a Cannabis Retail Store for retail cannabis sales.
b. After two years from the effective date provided in Section 10 below, the City may issue
Cannabis Business permits to any qualifying applicant, whether or not such applicant is a
Priority Applicant. However, after two years from the effective date in Section 10 below, the
City shall continue to prioritize the issuance of permits to Priority Applicants when
applications for Cannabis Business permits from both Priority Applicants and non Priority
Applicants are pending approval by the City at the same time:
The City shall issue a Cannabis Business Permit pursuant to this Chapter only to Priority
Applicants. For the first two years after the Effective Date of this Chapter as stated in section
5.50.100 below, the City shall issue a Cannabis Business Permit to operate a Cannabis Retail
Store only to Group A Priority Applicants who are Economic Empowerment Applicants
certified as such by the Commonwealth's Cannabis Control Commission.
5.50.050 Permitting Requirements
a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must
certify that:
1. It will comply with employee pay standards set out in the City's Living Wage
Ordinance;
2. It will hire at least 51% of minority, women and/or veterans as employees;
3. If applicant has a Board of Directors, the board makeup will be at least 51% minority,
women and/or veterans;
4. It consents to unannounced, periodic compliance inspections by City officials of its
Cannabis Business, including any Cannabis Business activities it conducts off-site;
5. It will comply with all State and local laws and regulations regarding its Cannabis
Business operations;
6. No person under the minimum legal sales age shall be permitted to enter the Cannabis
Business site unless such person possesses a state-issued registration card demonstrating
that the person is a registered qualifying medical marijuana (cannabis) patient and the
Cannabis Business site is, or is co-located with, an RMD;
7. It will work with the Cambridge Public Health Department to create and distribute
educational materials to its customers as directed by the Cambridge Public Health
Department;
4
8. It will sell only cannabis and cannabis accessories, and not other products, including
tobacco products or alcoholic beverages of any kind;
9. It will comply with directives of the Police Commissioner and of the Director of
Traffic Parking and Transportation, or their designees, regarding traffic measures to be
taken at and near the Cannabis Business site; and
10. It has received a special permit from the Planning Board for its Cannabis Business
and has entered into a Host Community Agreement with the City through the City
Manager's Office; and
11. It is a business in good standing with no outstanding federal, state or local
investigations or judgments pending against it.=
b. No discretionary permit conditions may be imposed by the permit issuing authority pursuant
to this Chapter.
c. A Cannabis Business permit shall be valid only for the applicant to which the Cannabis
Business permit was issued, and only for the use and for the site approved in the permit. A
proposed change of controlling ownership, change of use, or change of site shall require a new
Cannabis Business permit. _As part of the Cannabis Business permit application process, the City
shall require the applicant to disclose all individuals and legal entities who have a beneficial
interest in the applicant's business.
5.50.060 Permitting Procedure
This Chapter shall be administered by the City's Inspectional Services Department, except
that Priority Applicant status shall be certified by the Director of the Economic Development
Division of the Community Development Department. Applications for Cannabis Business
permits shall be obtained from and submitted to the Inspectional Services Department. If
permit applications are properly completed and certified, and the conditions of this Chapter
are met, the Commissioner of Inspectional Services (the "Commissioner") shall issue a
Cannabis Business permit to the applicant. No public hearing process on individual
applications shall be conducted. A Host Community Agreement shall be negotiated with the
City Manager.
5.50.070 Permit Expiration and Renewal
The Cannabis Business permit issued pursuant to this Chapter shall be subject to renewal
annually. If the applicant fails to timely renew or fails to meet the requirements of this Chapter
at the time of each renewal, including the Permitting Requirements in section 5.50.050 above,
the Cannabis Business permit issued hereunder shall expire. A Cannabis Business permit will
not be renewed if the permit holder has failed to pay all fines issued pursuant to this Chapter.
5
5.50.080 Enforcement
a. Failure to comply with this Chapter, including a failure to maintain the status of a
Priority Applicant, failure to obtain or to comply with the provisions of a Planning Board
special permit or State license to operate a Cannabis Business, or failure to comply with
any applicable laws, may result in revocation by the City, through the Commissioner, of
the Cannabis Business permit granted pursuant to this Chapter. Failure to meet the
annual Cannabis Business permit renewal requirements will result in the expiration of the
Cannabis Business permit. If a permit holder's State license is revoked, then the
Cannabis Business permit issued by the City shall be revoked._A Cannabis Business
permit may be revoked or not renewed if the permit holder has sold a cannabis product to
a person under the minimum legal sales age three times or more, or if the permit holder
has failed to pay to the City all outstanding fines issued pursuant to this Chapter.
b. An applicant must cease to operate if it does not hold and maintain a valid Cannabis
Business permit pursuant to this Chapter. Prior to revoking a Cannabis Business permit
issued hereunder, the Commissioner will notify the Cannabis Business permit holder in
writing and allow the Cannabis Business permit holder at least fourteen (14) days to
submit written information to the Commissioner establishing that the Cannabis Business
permit holder is in compliance with the terms of this Chapter. The Commissioner shall
make a final determination on the Cannabis Business permit expiration or revocation
thereafter. If a permit holder requests, the Commissioner in his discretion may hold a
hearing before deciding whether to revoke a Cannabis Business permit.
c. Any violation of this Chapter by a permit holder shall be subject to a fine of up to
$300 for each violation. Each day a violation exists shall constitute a separate violation.
d. Fines pursuant to this Chapter may be issued pursuant to the non-criminal ticketing
procedure in G.L.c.40, §2ID. The Commissioner of Inspectional Services, the Police
Commissioner, and the Commissioner of Public Health, or their designees shall be the
enforcement officials for this Chapter.
5.50.090 Regulations
The Commissioner of Inspectional Services, as well as the Assistant City Manager for
Community Development, with the approval of the City Manager, are authorized to promulgate
regulations and to create the necessary application and permit forms, to implement this Chapter
with respect to their respective responsibilities pursuant to this Chapter. Regulatory
requirements implementing this ordinance may differ for Priority Applicants and non-Priority
applicants, such that the regulatory burden for Priority Applicants is less burdensome.
5.50.100 Effective Date
, 2019.
This Chapter shall take effect on
6
5.50.110 Severability
The provisions of this Chapter are severable, and if any part of this Chapter should be held
invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the
Chapter, and the remainder of the Chapter shall remain in full force and effect.
ATTACHMENT F
ATTACHMENT I
committee Rep#4
6/3/19
REVISED TEXT
COUNCILLOR ZONDERVAN'S
AMENDMENT
FIRST PUBLICATION NO. 3488
CITY OF CAMBRIDGE
In the Year Two Thousand Nineteen
AN ORDINANCE
In amendment to the Municipal Code of the City of Cambridge
Be it ordained by the City Council of the City of Cambridge as follows:
That the Municipal Code of the City of Cambridge be amended in Title 5 entitled "Business
Licenses and Regulations" by adding a new Chapter 5.50 entitled "Cannabis Business Permitting"
which reads as follows:
Cannabis Business Permitting
Chapter 5.50
5.50.010 Purpose
This ordinance is intended to create a separate local permitting requirement for Cannabis Retail Store,
Cannabis Cultivator, Cannabis Product Manufacturer and/or Cannabis Transporter (collectively
"Cannabis Business"') applicants to certify compliance with certain conditions in the public interest prior
to being permitted to operate a Cannabis Business in the City. The City deems it to be in the public
interest to give initial permitting preferences for Cannabis Businesses to Priority Applicants, as defined
herein.
5.50.020 Definitions
Cannabis Business. A Cannabis Retail Store, Cannabis Cultivator, Cannabis Product Manufacturer
and/or Cannabis Transporter.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a
Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis or
marijuana to other cannabis or marijuana establishments, but not to consumers. A craft marijuana
cooperative as defined by state regulation is a type of Cannabis Cultivator.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control
Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis
or marijuana products and to transfer these products to other cannabis or marijuana establishments, but
not to consumers.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana
products to consumers for use off the premises, but not to cultivate, manufacture, process, or package
cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis
Retail Store may be licersed to operate as a Cannabis or Marijuana Retailer or registered as a Medical
Marijuana Treatment Center, also known as a Registered Marijuana Dispensary (hereafter "RMD"), or
both, in accordance with applicate applicable state laws and regulations. (NOTE NO VOTE WAS
TAKEN ON THIS CLERICIAL ERROR)
Cannabis Transporter. An entity, not otherwise licensed by the Cannabis Control Commission, that is
licensed to purchase, obtain, and possess cannabis or marijuana, or cannabis or marijuana products, solely
for the purpose of transporting, temporarily storing, selling and distributing them to cannabis
establishments, not for selling to consumers.
Priority Applicant. A person, corporation, or other legal entity applying for a Cannabis Business permit
pursuant to this Chapter to operate in the City who is:
a. Group A Priority Applicant. An Economic Empowerment or Social Equity Program
Applicant certified as such by the Commonwealth's Cannabis Control Commission; or a Women
or Minority Owned business as certified by the Commonwealth-- to be known as Group A
Priority Applicants.
b. Group B Priority Applicant. An RMD within the City that will sell cannabis products in a
Cannabis Retail Store pursuant to the Commonwealth's medical use of marijuana laws, either alone
or in addition to operating as a licensed marijuana retailer pursuant to the Commonwealth's adult use
of marijuana laws - to be known as Group B Priority Applicants. Those who qualify as Group B
priority applicants cannot also qualify for Group A.
5.50.030 Applicability
This Chapter shall apply to any proposed Cannabis Cultivator, Cannabis Product Manufacturer, Cannabis
Retail Store, or Cannabis Transporter that is seeking licensure from the Cannabis Control Commission on
or after the effective date of this Chapter. This Chapter shall not apply to RMDs that have already been
permitted in the City and are not seeking licensure as a Cannabis Retail Store for retail cannabis sales
prior to the effective date of this ordinance ("Existing RMD").
5.50.040 Permitting Preferences for Priority Applicants
The City shall issue a Cannabis Business permit pursuant to this Chapter only to Priority Applicants.
5.50.050 Permitting Requirements
a. In order to obtain a Cannabis Business permit pursuant to this Chapter, an applicant must
certity that:
1. It will comply with employee pay standards set out in the City's Living Wage
Ordinance;
2. It will hire at least 51% of minority, women and/or veterans as employees;
3. If applicant has a Board of Directors, the board makeup will be at least 51% minority,
women and/or veterans;
4. It consents to unannounced, periodic compliance inspections by City officials of its
Cannabis Business, including any Cannabis Business activities it conducts off-site;
5. It will comply with all State and local laws and regulations regarding its Cannabis
Business operations;
6. No person under the minimum legal sales age shall be permitted to enter the Cannabis
Business site unless such person possesses a state-issued registration card demonstrating
that the person is a registered qualifying medical marijuana (cannabis) patient and the
Cannabis Business site is, or is co-located with, an RMD;
7. It will work with the Cambridge Public Health Department to create and distribute
educational materials to its customers as directed by the Cambridge Public Health
Department;
8. It will sell only cannabis and cannabis accessories, and no other products, including
tobacco products or alcoholic beverages of any kind;
9. It will comply with directives of the Police Commissioner and of the Director of
Traffic Parking and Transportation, or their designees, regarding traffic measures to be
taken at and near the Cannabis Business site; and
10. It has received a special permit from the Planning Board for its Cannabis Business
and has entered into a Host Community Agreement with the City through the City
Manager's Office.
b. No discretionary permit conditions may be imposed by the permit issuing authority pursuant to
this Chapter.
c. A Cannabis Business permit shall be valid only for the applicant to which the Cannabis
Business permit was issued, and only for the use and for the site approved in the permit. A
proposed change of controlling ownership, change of use, or change of site shall require a new
Cannabis Business permit.
5.50.060 Permitting Procedure
This Chapter shall be administered by the City's Inspectional Services Department, except that Priority
Applicant status shall be certified by the Director of the Economic Development Division of the
Community Development Department. Applications for Cannabis Business permits shall be obtained
from and submitted to the Inspectional Services Department. If permit applications are properly
completed and certified, and the conditions of this Chapter are met, the Commissioner of Inspectional
Services (the "Commissioner") shall issue a Cannabis Business permit to the applicant. No public
hearing process on individual applications shall be conducted. A Host Community Agreement shall be
negotiated with the City Manager.
5.50.070 Permit Expiration and Renewal
The Cannabis Business permit issued pursuant to this Chapter shall be subject to renewal annually. If the
applicant fails to timely renew or fails to meet the requirements of this Chapter at the time of each
renewal, including the Permitting Requirements in section 5 above, the Cannabis Business permit issued
hereunder shall expire. A Cannabis Business permit will not be renewed if the permit holder has failed to
pay all fines issued pursuant to this Chapter.
5.50.080 Enforcement
a. Failure to comply with this Chapter, including a failure to maintain the status of a Priority
Applicant, failure to obtain or to comply with the provisions of a Planning Board special permit
or State license to operate a Cannabis Business, or failure to comply with any applicable laws,
may result in revocation by the City, through the Commissioner, of the Cannabis Business permit
granted pursuant to this Chapter. Failure to meet the annual Cannabis Business permit renewal
requirements will result in the expiration of the Cannabis Business permit. If a permit holder's
State license is revoked, then the Cannabis Business permit issued by the City shall be revoked.
A Cannabis Business permit may be revoked or not renewed if the permit holder has sold a
cannabis product to a person under the minimum legal sales age three times or more, or if the
permit holder has failed to pay to the City all outstanding fines issued pursuant to this Chapter.
b. An applicant must cease to operate if it does not hold and maintain a valid Cannabis Business
permit pursuant to this Chapter. Prior to revoking a Cannabis Business permit issued hereunder,
the Commissioner will notify the Cannabis Business permit holder in writing and allow the
Cannabis Business permit holder at least fourteen (14) days to submit written information to the:
Commissioner establishing that the Cannabis Business permit holder is in compliance with the
terms of this Chapter. The Commissioner shall make a final determination on the Cannabis
Business permit expiration or revocation thereafter. If a permit holder requests, the
Commissioner in his discretion may hold a hearing before deciding whether to revoke a Cannabis
Business permit.
c. Any violation of this Chapter by a permit holder shall be subject to a fine of up to $300 for
each violation. Each day a violation exists shall constitute a separate violation.
d. Fines pursuant to this Chapter may be issued pursuant to the non-criminal ticketing procedure
in G.L.c.40, §21D. The Commissioner of Inspectional Services, the Police Commissioner, and
the Commissioner of Public Health, or their designees shall be the enforcement officials for this
Chapter.
5.50.090 Regulations
The Commissioner of Inspectional Services, as well as the Assistant City Manager for Community
Development, with the approval of the City Manager, are authorized to promulgate regulations and to
create the necessary application and permit forms, to implement this Chapter with respect to their
respective responsibilities pursuant to this Chapter. Regulatory requirements implementing this
ordinance may differ for Priority Applicants and non-Priority applicants, such that the regulatory burden
for Priority Applicants is less burdensome.
5.50.100 Effective Date
This Chapter shall take effect on
, 2019.
5.50.110 Severability
The provisions of this Chapter are severable, and if any part of this Chapter should be held invalid by a
court of competent jurisdiction, such invalidity shall not affect the remainder of the Chapter, and the
remainder of the Chapter shall remain in full force and effect.
ATTACHMENT G
Cambridge Equity Ordinance Testimony
My name is Frank Shaw and I live at 126
County Road in Ipswich. I'm a medical
marijuana patient and I frequent the medical
marijuana dispensaries in Cambridge.
I've been sick with AIDS since 1998, and I'm
now sick of how the city council here is
treating medical marijuana. Every time we
come here there is a new wrench thrown in so
nothing ever gets completed.
Medical marijuana is not a shell game for your
political agenda, it means life to people like
me with HIV and AIDS.
At this point, I'm pulling all my support from
all the ámendments on the table, because I'm
done being disrespected by this Council.
ity
locating with adult use. It is like requiring
CVS to only have a pharmacy.
You also have no right to force a medical
operator to pay into a fund to help competing
businesses open.
Just a few weeks ago, Senator Pat Jehlen
spoke at the Statehouse about the 3%
limitation on Host Community Agreements in
law. Maybe you all need Senator Pat Jehlen to
give you all a reading comprehension course.
Why aren't you demanding a 25 million dollar
fund to provide low cost medical marijuana to
patients suffering from AIDS and Cancer from
the highly profitable adult use operators?
If any of these amendments pass, I hope you
all get sued, and this proposal completely
fails.
Thank you for your time and indulgence.
KtracumenT H
erra
th
sendment
aid the
giving me
Gigen Soul
speak
Cranes
Faci
a, Owne
Born and Raised in Cambridge. I have a great affinity
Four what this City his came to represent throughout
the world. We as Cantabridgians pride ourselves as
@avivement.
sery a multing put of Cuttres with a progessive
With that being said Cambridge has also fallen
ictim to this ugly reality of the have and the haver
nots. I by miy own doing for a period of my early
years. Intortanately got caught up in the endless
eyele oF minor dang oftenses, limited community nde
models and poor rehabilitation opportunities.
It can and has happened to some very promisin.
and good hearted people.
Too many lives to count
have ten attested negatively, for
what now way
become socially acceptable behavior, It only seems
fitting that those that fall victim may now have
an opportunity to redeem themselves.
I am a perfect axample of redempton if exposed
and given an opportunity, to to a productive member
oF society, 23 urg ago ofter a short period ot
incarceration, I was afforded the opportunity to
God afterneon and that you for giving me
this opportunity to speck in favor of the
Zandervin/ Siddiqui amendment and the
Green Soul Organes omarship group.
attend a Building trades program being run by what
was then the Cambridgport Pesource Center. Today
I stand before you as a prod member of Carpenters
Local *328 with over 20yrs of genice, Which has
in turn led to me having a solid real ostate portfolio
in the Greater Boston area.
I bring up my past and present to give an example
of when meaningful opportunities are presunted to those
off a
tart fo whatever reason have fallen
productive path in life. Can get right back on that
path if given the right divections and a little bit of
guidance.
This is a piurtal point in Our Communties
history. We have a chance to make sure that those
which had been most negatively rected and man
se less torturate or educated, Have an opportuniti
to benefit from this profitable Global industry.
Which has its roots firmly planted in these same often
over locked parts of our neighborhoods.
I have known the founders of GSO since
approximately (grade (1483). I truly have on
admination for thege gentlemen for how theyve been
able to navigate a society that was and I believe
still imakes it very difficult for people of color on those
less fortunate to sucke
They have gone on to become important members of
ts ot their time
wearing yet hered and werene the antaches
theyve seen victimize or consume do many of their
friends from the past and present.
Over the pust few years I have seen the work
timelessly to prepare themselves for this endeavor, It
Is mu belief that there would be no Ownership group
to represent the interest of those that otherwise may not
have a voice and be left out of the industry.
The educational foundation that they have set up
will be they to making sure that other entrepenyers in the
underserved community will have an entry point and
informational rescurees regarding the industry.
Their socially concious buisness plan may well go on
to become a blueprint for other communities across
the nation to implement
Their company mission and strong ties to the
community make them ideal canidates to usher
in a fair and equitable market model for all
parties concerned. The Zondervan/ Siddiqui is the
Key to making sure that Big Out-of-Town
conglomerates aren't able to push local start ups to the
wanside, I now ask the council to look within
yourselkes and ask the question of what is fair
and most beneficial to residents of Cambridge
Should out of town bean counters reap the benefits
of our thriving city, Or shaukl local residents Rich or
lests fortunate have an opportunity to compete on
a fair and level playing feld.
I now stand before you to acho the voice of
a large number of Cambridge residents that will
remember how the members of this Council handled
this breader butter voting topic. Russing this amendment
in sure to have a positive impact on the underserved
community tor generations to come.
case:
Reain p
tet me thank you for gi
let
• She
andervan/
sic
amendmen
Again please let me thank the members of the concil
Full support
for ine me thin Sahng no showerp group
and the passage of the Zendervan/Siddiqui
amendment.
Pear Pl:
ATTACHMENT I
G
Thank you for holding this hearing. I'm Malaika Moses and I have prepared
a statement.
Each of you has an opportunity to define the Cannabis retail market in
Cambridge. The market will be comprised of medicinal firms and
potentially 8 new retail shops. The question at hand is how will these 8
licenses be distributed within my city. It's my city, too, because I was born
and raised in Cambridge. I took my K-12 education to Spelman in Atlanta
and Babson College, in Wellesley, where I earned my MBA.
After graduation, I worked for FleetBoston and Bank of America. Under the
leadership of Gail Snowden, who was responsible for the Bank's CRA
rating, we used the full power of the bank's resources to help create wealth
within minority and poor communities. The CRA (Community
Reinvestment Act) is a federal law that requires Banks to direct resources
to communities that were historically discriminated against by banking
institutions. It is an attempt to correct the wrong-doings of the past.
Because of my experience with the Bank, I understand the power of the
Zondervan/Siddiqui amendment. It is a Neighborhood Reinvestment Act
that will require the Cannabis industry and the City to help build wealth in
communities whose most valuable assets (teens and young adults) did not
achieve their full potential as a result of the War on Drugs and the gross
miseducation of working class and minority children who get tracked for
failure in Cambridge's public schools.
I support the amendment because it is an opportunity for Cambridge to
achieve four objectives:
1) create long term value for officers and shareholders of publicly traded
companies that operate existing medicinal dispensaries and are eager to
open retail venues (and I understand that none of these companies was
founded by a Cambridge resident),
2) Increase the City's revenue;
3) Create long-term value for the community through performance-based
start-up capital for emerging entrepreneurs who reside in Cambridge, and
4) Generate residual annual income for community programs to the tune of
1% of the combined gross revenue of all Cannabis companies in
Cambridge.
Based on a forecast of $1-$2 million in revenue per month, at full tilt, that
1% could provide under $2M a year to fund programs and businesses that
uplift families impacted by the War on Drugs.
We need to work strategically to hold Cannabis companies accountable in
the same way that banks have been held accountable through the CRA for
the past 42 years.
In the time of Elizabeth Warren, Ayana Presley, and Rachel Rollins, in
these times, when leaders in Massachusetts are standing up for change
we're calling on you, Councilor Simmons, and anyone else who wants to
stand up for economic justice, to support the Zondervan Siddiqui
Amendment, a bold Neighborhood Reinvestment Act.
We should not pay lip service to Martin Luther King's Dream. He was
murdered while fighting for economic justice for poor people of all
backgrounds. Let's honor King through right action. Now is the time to
create wealth not only for Wall Street executives and their shareholders,
but also for Main Street businesses and neighborhood residents.
ATTACHMENT J
Submitted by:
Dr. Denise A. Valenti
CEO/President IMMAD, LLC
Residency Trained Disability Clinician
Disabled Citizen
August 14, 2019
Regarding proposals/amendments to require existing medicinal marijuana
dispensaries to contribute to a fund related to social equity and economic
licensure and open as the current state regulations mandate, is against what
amount of handl supert any a up in exchange for the right to seok clinal fit fi
the citizens of Cambridge voted for. Further it constitutes an excessive host
agreement arrangement.
The proposed amendment is going against what citizens of Cambridge voted for
when approving adult use marijuana during the 2016 ballot initiative.
Cambridge voted for having legal adult use marijuana and for those existing medicinal businesses to
have the first issued recreational adult use marijuana licenses by a large percentage in favor; 72% in
favor of this process.
https://www.nytimes.com/elections/2016/results/massachusetts-ballot-measure-4-legalize-marijuana
The proposed amendment is harmful and discriminatory to disabled employees,
business owners and medicinal cannabis users.
The proposed amendment is discriminatory against minority groups equally or
more harmed by the unequitable marijuana laws as the amendment has failed
to remedy the state law and will also be exclusionary, as are the state laws.
State laws fail to include Native Americans and disabled, both classified as
diversity under federal guidelines. Further the laws fail to acknowledge or
include LGBT which are considered a category of diversity in many legislative
venues nationally, state and locally.
Federal Definition of Minority:
Federal Guidelines for Definition as a Minority Definition is from Title VIl of the Civil Rights Act
A.)Black (not of Hispanic origin)-All persons having origins in any of the Black racialgroups of
Africa.B.)Hispanic-All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish culture of origin, regardless of race.C.)Asian or Pacific Islander-All persons having origins in any
of the original peoples of the FarEast, Southeast Asia, the Indian subcontinent or the Pacific Islands. This
area includes, for example, China, India, Japan, Korea, the Philippine Islands and Samoa.D. American
Indian or Alaskan Native-All persons having origins in any of the original peoples of North America, and
who maintain cultural identification through tribal affiliation or community recognition.
Federal Definition of Diversity:
We define workforce diversity as a collection of individual attributes that together help agencies pursue
organizational objectives efficiently and effectively. These include, but are not limited to, characteristics
such as national origin, language, race, color, disability, ethnicity, gender, age, religion, sexual
orientation, gender identity, socioeconomic status, veteran status, and family structures.
https://www.opm.gov/policy-data-oversight/diversity-and-
inclusion/reports/diagencyspecificstrategicplanguidance.pdf
https://mass-cannabis-control.com/wp-content/uploads/2018/04/FINAL-Social-Provisions-Guidance-
1PGR-1.pdf
Guidance for Equity ProvisionsUnder St. 2017, c.55, the Cannabis Control Commission is required to
ensure that people from communities that have been disproportionately harmed by marijuana law
enforcement are included in the new legal marijuana industry. This handout summarizestheEconomic
Empowerment Priority Review andSocial Equity Program.Areas of Disproportionate ImpactBased
primarily on arrest rates, the Commission has designated 29 cities as areas of disproportionate impact.
Cities with a population of more than 100,000 people (Boston,Loweli,Springfield, and Worcester)will be
subdivided to reflect that only certain neighborhoods qualify as areas of disproportionate impact.Please
visit MassCannabisControl.comfor the full list of areas of disproportionate impact. Economic
Empowerment Priority Review for Applicants Priority Review will be granted to Economic Empowerment
Applicants who demonstrate threeof the following criteria: @Majority of ownership belongs to people
who have lived in areas of disproportionate impactfor 5 of the last 10 years;@Majority of ownership has
held one or more previous positions where the primary population served were disproportionately
impacted, or where primary responsibilities included economic education, resource provision or
empowerment to disproportionately impacted individuals or communities;At least 51% of current
employees/sub-contractors reside in areas of disproportionate impactand will increase to 75% by first
day of business;#At least 51% of employees or sub-contractors have drug-related CORI, but are
otherwise legally employable in a cannabis-related enterprise;DA majority of the ownership is made up
of individuals from Black, African American, Hispanic, or Latino descent;BOwners can demonstrate
significant past experience in or business practices that promote economic empowerment in areas of
disproportionate impact
Social Equity Program for ApplicantsThe Social Equity Program goals are to decrease the disparities in
life outcomes for these individuals and improve the quality of life in areas of disproportionate impact:
reduce barriers to entry in the commercial marijuana industry; provide professional and technical
services and mentoring for businesses facing systemic barriers; and promote sustainable, socially and
economically reparative practices in the commercial marijuana industry in
Massachusetts. Eligibility:Applicants or licensees are eligible for the social equity program if they
demonstrate at least oneof the following criteria:@They have resided in an area of disproportionate
impactfor at least 5 of the past 10 years;@They have a past drug conviction and they have been residents
of Mass. for at least the preceding 12 months; or @They have been married to or are the child of a person
with a drug conviction and they have been residents of Massachusetts for at least the preceding 12
months.
Incarceration Rates Mental Illness:
64% local jail, 56% state and 45% federal
Incarceration Rates Disabled:
An estimated 32% of prisoners and 40% of jail inmates reported having at least one disability.
Prisoners were nearly 3 times more likely and jail inmates were more than 4 times more likely than
the general population to report having at least one disability.
About 2 in 10 prisoners and 3 in 10 jail inmates reported having a cognitive disability, the most
common reported disability in each population.
Female prisoners were more likely than male prisoners to report having a cognitive disability, but
were equally likely to report having each of the other five disabilities.
Non-Hispanic white prisoners (37%) and prisoners of two or more races (42%) were more likely than
non-Hispanic black prisoners (26%) to report having at least one disability.
More than half of prisoners (54%) and jail inmates (53%) with a disability reported a co-occurring
chronic condition.
https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5500
Drug Arrests of Mentally I!:
Among those with severe enough mental illness to require inpatient mental illness services, there is drug
related arrest (generally procession) rate of 15% for ages 18-25.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3793848/