Town of Plainville, MA Chapter 950 Marijuana Establishment Licensing Regulations

[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.

§ 950-1 Authority and applicability.

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.

§ 950-2 General provisions applicable to all marijuana establishments.

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.

§ 950-3 Applications.

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.

§ 950-4 Hearing.

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.

§ 950-5 Decision.

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.

§ 950-6 Violations and penalties; enforcement.

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.