[HISTORY: Adopted by the Board of Selectmen of the Town of
Plainville 12-16-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations were adopted as Ch. 328,
but were renumbered to maintain the organization of the Code.
These regulations are adopted as allowed under Plainville General Code § 335-3, Rules and regulations. These regulations may be amended or modified from time to time at the discretion of the Board of Selectmen. Pursuant to Plainville General Code Chapter 335, no person shall carry on the business of operating an adult use marijuana establishment as defined in MGL c. 94G and 935 CMR 500, including the cultivation, processing, packaging, delivering, manufacturing, branding, selling or otherwise transferring or testing marijuana or marijuana products within the Town ("marijuana establishments") unless first duly licensed thereof by the Board of Selectmen, which license shall be renewed by said marijuana establishment annually.
A.
Any marijuana establishments operating within the Town shall at all
times have a valid host community agreement ("HCA") and operate in
accordance with the terms and provisions thereof.
B.
Marijuana establishments shall not be permitted to operate and no
marijuana establishment license (the "license") shall be issued until
the marijuana establishment license applicant (the "applicant") has
entered into an HCA with the Plainville Board of Selectmen. Licenses
shall not be renewed if the HCA has expired, until a new HCA has been
executed by the applicant and the Board of Selectmen.
C.
Marijuana establishments shall not be permitted to operate and the
license shall not be valid until the applicant has received a marijuana
use special permit from the Planning Board and a valid unexpired marijuana
operating permit from the Plainville Board of Health. If the Board
of Health operating permit expires during the licensing period, then
a new marijuana operating permit shall be required prior to the issuance
of any license or license renewal.
D.
In addition to the forgoing requirements, prior to the issuance of
any license or license renewal, applicants must submit:
(1)
Proof of a valid certificate of occupancy for the marijuana establishment
from the Building Department;
(2)
Proof of ownership or control of the location; and
(3)
Proof of a provisional or final license from the Cannabis Control
Commission (the "CCC"), and proof that the applicant is in good standing
with the CCC.
E.
All applicants shall be subject to annual inspections by the police,
fire and zoning enforcement officials to confirm compliance with the
terms of the special permit, site plan and any applicable security
provisions. Confirmation of compliance shall be submitted from each
department prior to issuance of a license.
F.
Noncompliance with any of the requirements of the above-listed permits
may be grounds for denial, revocation and/or nonrenewal of the license.
A.
Applicants shall file a license application on a form provided by
the Board of Selectmen, signed under the penalties of perjury by the
applicant, containing such information as the Board of Selectmen may
reasonably require from time to time. Each applicant shall pay an
application fee as may be reasonably determined from time to time
by the Board of Selectmen. Licenses shall be valid for a one-year
period, and renewals must be filed 45 days prior to the date of expiration.
B.
The Board of Selectmen, or its designee, should review an application
for completeness prior to accepting an application for filing. Once
an application is deemed complete, the Board should record the date
and time of filing on the application.
A.
The Board of Selectmen should hold a public hearing within 45 days
of the application date, with due written notice provided to the applicant
of the time, date and location where such application will be heard.
B.
The Board of Selectmen must act upon the application within 45 days
of the close of the public hearing, with due notice provided to the
applicant of its written decision.
C.
Prior to the public hearing, the applicant shall disclose:
(1)
All neighborhood concerns that have been raised throughout the previous
year, and shall provide ways to remedy those concerns. These shall
include noise, odor or other environmental complaints.
(2)
All diversion or sales of marijuana products to unauthorized users
during the previous year, and shall provide ways to remedy future
incidents.
(3)
All breaches in security that have required a police response, and
shall provide ways to remedy those breaches.
(4)
All enforcement actions that have been required by local officials
to ensure compliance with local regulations and permits.
D.
Failure to disclose any concerns or issues raised during the previous
year shall be cause for denial and/or revocation of the license.
The Board of Selectmen may approve, deny or approve the license
with conditions. Such decision shall be based on the evidence taken
at the public hearing, consistent with the protection of the health,
safety and welfare of the public. The Board of Selectmen may also
consider the following:
A.
Whether the applicant has entered into a host community agreement
and is in full compliance with terms of that agreement;
B.
Whether the applicant has made timely payment to the Town of all
applicable fees and local taxes, including all payments under the
host community agreement;
C.
Whether the applicant has obtained a final license from the CCC,
has kept such license current and remains a licensee in good standing
with the CCC;
D.
Whether the applicant has held a community impact meeting consistent
with the CCC's Guidance for License Applicants on Community Outreach
and has developed a community mitigation plan that addresses reasonable
concerns of abutters and the Town; and
E.
Whether the applicant is in compliance with all local laws and regulations,
including, but not limited to, special permit conditions and Board
of Health operating permits.
The Board of Selectmen may issue orders as appropriate to aid
in the enforcement of this regulation and may enforce these provisions
in equity, including the request for injunctive relief, in a court
of competent jurisdiction. Any failure to comply with any order issued
hereunder shall result in the issuance of a formal warning. Any failure
to comply with such a warning shall result in a fine of $100. Any
failure to comply after the issuance of said fine may be punishable
by a subsequent fine of $300. Each day of a continued noncompliance
shall constitute a separate violation. Further, the Board of Selectmen
may hold a hearing, with notice to the licensee, to determine if such
license should be modified, suspended or revoked.
