[HISTORY: Adopted by the Town Meeting of the Town of Plainville
6-3-2019 ATM by Art. 20. Amendments noted where applicable.]
No person shall carry on the business, cultivate, process, package,
deliver, obtain, manufacture, process, package, brand, sell or otherwise
transfer, or test marijuana or marijuana products, or otherwise operate
a marijuana establishment as defined by Massachusetts General Laws
Chapter 94G within the Town unless first duly licensed thereof by
the Board of Selectmen, which license shall be renewed by said marijuana
establishment annually.
The marijuana establishment shall not operate and the license
shall not be valid until the applicant has entered into a Host Community
Agreement with the Town.
The Board may adopt reasonable rules and regulations related
to the issuance of such licenses, including the fees to be paid therefor
and the conditions to be satisfied by any applicant for such a license.
Applicants for a license shall file an 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.
The Board of Selectmen must act upon the application within
45 days of a public hearing with due written notice provided to the
applicant of the time, date and location where such application will
be heard.
The Board of Selectmen may approve, deny or approve the application
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, and consistent with any regulations
promulgated by such board.
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 $300, which
may be enforced pursuant to MGL c. 40, § 21D. 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.
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers, of any party or agent thereof whose name appears on said list furnished to the licensing authority from the Tax Collector of individuals delinquent on their taxes and/or other municipal charges. Written notice must be given to the party by the Tax Collector, as required by the applicable provision of law, and the party must be given the opportunity for a hearing not earlier than 14 days after said notice. See § 325-2.
Home Rule Amendment (Art. 89 of the Amendments to the Massachusetts
Constitution); Massachusetts General Laws, Chapter 94G, Sec. 3, 935
CMR 500.000.
