Proposed cannabis dispensary rules would allow max of 4 in Mansfield (2024)

MANSFIELD — The City of Mansfield would allow up to four recreational cannabis dispensaries, according to legislation local lawmakers will begin discussing Monday.

And those dispensaries would only be permitted in locations zoned B-2 (general business) in the city’s current zoning code.

That proposed legislation was made public Thursday morning, two days after City Council expressed disappointment the administration didn’t have it ready for its Aug. 6 meeting.

Three lawmakers on Wednesday called the special meeting, which is scheduled for Monday at 6:30 p.m. in council chambers.

According to the legislation, votes on the proposal, including a repeal of the city’s ban on medical marijuana approved in 2017, are not scheduled until Sept. 17, giving lawmakers and the public time to review the plan.

(Below is a PDF with legislation Mansfield City Council will discuss during a special meeting on Monday regarding zoning and operating regulations for potential recreational cannabis dispensaries in the city.)

The recreational cannabis legislation is broken into two ordinances. The city employed an outside law firm to help draft the legislation, according to Mayor Jodie 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 9 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.

— No consumption of cannabis is permitted at the dispensary.

— Advertising and marketing restrictions will be put in place.