§ 648-8. Enforcement; violations and penalties.  


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  • A. 
    Authority to inspect marijuana establishments for compliance and to enforce this regulation shall be held by the Plainville Board of Health, its designees and the Plainville Police Department.
    B. 
    Any person may register a complaint under this regulation to initiate an investigation and enforcement with the Plainville Board of Health and its designees. Unscheduled compliance inspections shall be conducted at a minimum of two inspections annually.
    C. 
    It shall be the responsibility of the marijuana operating permit holder and/or business agent to ensure compliance with all applicable sections of this regulation. Any marijuana establishment found to be in violation of the provisions of these regulations may receive a written warning citation, a fine, a marijuana operating permit suspension, a marijuana operating permit revocation.
    D. 
    Any permit holder or any person or entity charged with violation of any provision of this regulation shall receive a notice of violation from the Plainville Board of Health or its designated agent. Unless waived by the permit holder, the Board of Health shall conduct a hearing to determine the facts of the violation, the appropriate corrective actions, the terms of suspension, if any, and/or issue a permit revocation order.
    E. 
    Prior to issuing any suspension or revocation, the Board of Health shall provide notice of the intent to suspend or revoke a permit, which notice shall contain the reasons therefor and establish a time and date for a hearing, which date shall be no earlier than seven days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Plainville Board of Health may suspend or revoke the permit if the Board of Health finds that a violation of this regulation occurred.
    F. 
    Whoever violated any provisions of this regulation may be penalized by the noncriminal method of disposition as provided in MGL c. 40 § 21D.
    G. 
    Each day any violation exists shall be deemed to be a separate offense.