Amendment #16 to H4367

Clarification of enforcement of HCAs

Ms. Tyler of Boston moves to amend the bill in section 1, in line 15, by inserting after the word “gross”, the following word:- retail;

And further amend said section 1, in lines 23 to 24, inclusive, by striking out the words “shall not be enforceable.”, and inserting in place thereof the following:- or any other local approvals necessary for the marijuana establishment or medical marijuana treatment center to commence operations shall be invalidated  by the commission.;

And further amend the bill in section 2, in line 40, by striking out the words “(xxix) review, regulate and enforce all host community agreements pursuant to section 3.”, and inserting in place thereof the following:- (xxix) review, regulate and invalidate any term or condition of any host community agreements pursuant to section 3. Terms and conditions related to the community impact fee shall be severable. If a term or condition related to the community impact fee is invalidated by the commission, all remaining provisions of the agreement shall remain in full force and effect. No applicant, licensee, or holder of a provisional or final certificate of registration shall be denied a license, registration, renewal thereof by the commission on the sole basis of an agreement containing an invalid term or condition.