MANSFIELD — Mansfield City Council is scheduled to vote Aug. 20 on zoning regulations and rules of operation for recreational cannabis dispensaries in the city.
That was the decision near the end of a special council meeting Monday night to review the proposal from the city administration on how — and where — up to four dispensaries may do business within city limits.
Local lawmakers voted 6-1 to schedule the final vote next week, legislation which will limit the dispensaries to only operating in properties found in B-2 (general business) zones.
Sixth Ward Councilwoman Deborah Mount, who has opposed the cannabis dispensaries since Mayor Jodie Perry asked council in April to consider a six-month moratorium on such businesses, opposed scheduling a final vote next week.
In fact, as chair of council’s zoning committee, Mount declined on Monday to introduce the legislation pertaining to the zoning and dispensary operating regulations since it didn’t come through her committee and was never discussed at a council caucus.
At-large Councilwoman Stephanie Zader did it, instead.
Fourth Ward Councilwoman Cynthia Daley didn’t attend the special meeting, which was called by three council members last week after the administration didn’t have the proposal ready for consideration on Aug. 6.
Based upon earlier council votes, the legislation will likely not pass as an emergency, meaning it will only go into effect 30 days after it’s signed by the mayor, rather than immediately.
It takes Mansfield City Council six votes to pass legislation as an emergency, allowing it to take effect immediately with the mayor’s signature. That’s because Ohio Revised Code 731.30 requires two-thirds of all members elected to the legislative authority to approve new laws as emergencies.
It may also require a special meeting of the city’s Planning Commission later this week to consider and recommend the official zoning regulations.
(Below is a PDF showing the cannabis-related legislation Mansfield City Council discussed on Monday evening during a special meeting.)
As scheduled, council will vote largely on the legislation as proposed by the mayor after voting against two suggested amendments and approving a third:
— Dispensaries would have to operate as stand-alone structure and not in a mixed-use facility. An amendment to remove that requirement, proposed by At-large Councilman David Falquette, failed 4-3.
Falquette, At-large Councilwoman Stephanie Zader and 2nd Ward Councilwoman Cheryl Meier voted in favor of removing the requirement.
Mount was joined by 1st Ward Councilwoman Laura Burns, 3rd Ward Councilman Rev. El Akuchie and 5th Ward Councilman Aurelio Diaz in successfully voting to keep the legislation as written.
— Dispensaries will not be allowed to locate within 500 feet of a prohibited facility such as a school or church. Mount made a motion to increase that prohibited area to 1,000 feet. Her amendment failed, 5-2, supported only by herself and Akuchie.
— A dispensary’s hours of operation will match those set by the State of Ohio, currently 7 a.m. to 9 p.m. The administration’s proposal for Mansfield was 9 a.m. to 9 p.m. But Falquette successfully got it amended in line with the state. That vote was 6-1 with only Mount in opposition.
Mount said her constituents have told her they are opposed to having dispensaries close to residences and want her to seek tight controls on accessibility, especially to children.
“Marijuana remains a Schedule 1 controlled substance under federal law and it is illegal to use federal currency to buy and sell it, and to support commercial sales is aiding and abetting a Federal crime,” she said after the meeting.
“People can grow and use the established number of plants (under State Issue 2 approved by voters last November) without exchanging currency. I’m sure it’s a matter of time before all these issues get resolved, but the cart is before the horse,” she said.
“I do support much of the regulations, but if they do not give residents sufficient time for input, I will be opposed,” Mount said.
Near the end of the meeting, Zader thanked the administration for having the proposals ready for review Monday, including legislation that will remove a ban on medical marijuana placed by a previous City Council six years ago.
The at-large councilwoman had been one of three lawmakers who called for the special meeting after last week’s meeting.
“We have been talking about this for a long time. I want to thank everyone for hustling and getting this ready for us (tonight),” she said.
The recreational cannabis legislation is broken into two ordinances. The city employed an outside law firm to help draft the legislation, according to Perry.
One would create Chapter 771 of the city’s codified ordinances defining the process for applying for and obtaining a business license for a cannabis facility in the city.
The other enacts Chapter 1190, which “establishes appropriate locations and reasonable restrictions” for a cannabis facility in Mansfield.
Here are the highlights of each ordinance:
Chapter 771 — Licensing process
— An application for a local provisional license shall be made to the city’s Permitting & Development Department, along with a non-refundable “local provisional application fee” of $1,000. The city shall approve or deny the issuance of a local provisional license within 30 days of receiving the application.
— A provisional license shall expire one year after it’s issued. The holder of the provisional license may apply for a local operating license only while the provisional license is valid. The city may issue a maximum of four operational licenses.
— An application for a local operating license shall also be made to the Permitting & Development Department. The application shall include a copy of the provisional license granted by the state. A non-refundable operating license fee of $2,000 must also be paid.
— Every local operating license issued by the city expires after one year and a renewal application must be completed with a yearly license renewal fee of $2,000.
— License holders consent to an inspection “without notice” by a City of Mansfield building official or the police department.
— Licenses can be revoked for rules violations through a local hearing process involving the safety service director.
— If a license holder seeks to change locations, it shall file an application with the city’s Permitting & Development Department and also pay a non-refundable fee of $2,000.
Chapter 1190 — Establishing appropriate locations and restrictions
— The city zoning inspector shall complete a site plan review before approval for any dispensary is granted.
— Cannabis dispensaries shall only be located in B-2 (General Business) zoned districts as set forth in Section 1167.06 of the city’s codified ordinances.
According to the city’s zoning plans, a B-2 district “is to provide for more diversified business establishments which are not generally located adjacent to residential neighborhoods.
“The General Business District contains shopping areas which are community wide or regional in nature and should be served by state highways or at least four-lane streets.”
The types of businesses normally allowed in a B-2 district include department stores and supermarkets; furniture stores; commercial recreation facilities like bowling centers, skating rinks and fitness centers; hotels/motels; and museums/civic centers, sports arenas and theaters.
— Dispensaries shall require a site zoning approval, a provisional license and an operating license.
— Site locations should be a stand-alone structure and NOT be a mixed-use location.
— Site locations shall have a usable floor area not exceeding 10,000 square feet.
— No dispensary shall be located within 500 feet of a prohibited facility such as a school or church.
— No dispensary shall be located within a one-mile radius of another legally operating dispensary.
— All dispensaries shall submit a security plan for review and approval of the police chief. It shall include, at a minimum, a lighting plan; identification of security cameras, alarms, security guards and other measures; and plan for off-street parking.
— Dispensary hours of operation are limited to 7 a.m. to 9 p.m.
— All activity must be conducted indoors, i.e. no drive-in or drive-thru sales.
— No good trucks or other food items shall be offered for sale or given away.
