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.
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.