Section 1000.100 Permit Application

Section

1000.100  Permit Application

a)         A cultivation

center permit shall be obtained for each facility prior to commencement of any

production activities.  The permit shall, along with any other certificate,

business license or other authorization required to conduct production

activities, be posted in a conspicuous place within the facility.

b)         The Department

shall accept applications for cultivation center permits for 14 calendar days

after the date indicated on the Department's website as the commencement date

for accepting applications.

1)         Submissions shall

be considered as submitted on the date on which they are postmarked or, if

delivered in person during regular business hours, on the date on which they

are so delivered or, if sent electronically, on the date received by the

Department if received on or before 5 p.m. Central Time.  If received

electronically after 5 p.m. Central Time, they will be considered received on

the next day.

2)         Submissions

received after the 14 day period or any way other than required in this

subsection (b) shall be returned to the applicant.

3)         Notification

of the availability of applications will be posted on the Department's website

at www.agr.state.il.us/.  Application forms will be made available online at

that website and may be completed online and submitted electronically to that

website, at the discretion of the Department, or sent via U.S. mail to the

address set forth in the application.

c)         The permit

application shall be submitted on the forms provided by the Department. The

forms will include instructions for their completion and submission. The

application will reflect the information required of applicants by the Act and

this Part and will include requests for information, plans, maps and other

materials in support of the application needed by the Department to make its

determination on the permit request

submitted on the forms provided by the Department. The

forms will include instructions for their completion and submission. The

application will reflect the information required of applicants by the Act and

this Part and will include requests for information, plans, maps and other

materials in support of the application needed by the Department to make its

determination on the permit request. The instructions on the application will

reflect the total maximum number of points that can be awarded for each

required criteria, measure and bonus point category listed in Section 1000.110.

The instructions/application will also identify the total minimum number of

points necessary from the required criteria and measures to be eligible for

consideration of the bonus point categories.  All applications will be reviewed

and points awarded based upon the same point system in a fair and unbiased

manner.  If all materials, documentations, fees and information required by the

application form are not submitted, the application shall be returned to the

applicant.  The applicant shall then have seven calendar days to resubmit the

application in its entirety.  Once submitted, the required fee will not be

returned. Upon receipt of an application deemed to be complete, the Department

will engage in no further communication with the applicant until after the

selection process is completed:

1)         Except as provided in Section 1000.110(g) and (h); and

2)         Unless

the applicant has applied for zoning approval from the local zoning authority

and the matter is pending before the authority.  The applicant may submit

verification of compliance with the local zoning rules once a ruling is issued

by the local zoning authority.  In no event, however, may the verification be

submitted more than 60 days after the date of submission of the application to

the Department

licant has applied for zoning approval from the local zoning authority

and the matter is pending before the authority.  The applicant may submit

verification of compliance with the local zoning rules once a ruling is issued

by the local zoning authority.  In no event, however, may the verification be

submitted more than 60 days after the date of submission of the application to

the Department.

d)         An

applicant applying for a cultivation center permit shall submit, in duplicate,

the following:

1)

The

proposed legal name of the cultivation center

;

2)

The

proposed physical address of the cultivation center and description of the

enclosed, locked facility as it applies to cultivation centers where medical

cannabis will be grown, harvested, manufactured, packaged, or otherwise

prepared for distribution to a dispensing organization

;

3)

The

name, address, and date of birth of each principal officer and board member of

the cultivation center, provided that all those individuals shall be at least

21 years of age

;

4)

Any

instance in which a business that any of the prospective board members of the

cultivation center had managed or served on the board of the business and was

convicted, fined, censured, or had a registration or license suspended or

revoked in any administrative or judicial proceeding

;

5)

Cultivation,

inventory, and packaging plans

;

6)

Proposed

operating by-laws

(Operation and Management Practices Plan)

that

include procedures for the oversight of the cultivation center, development and

implementation of a plant monitoring system, medical cannabis container

tracking system, accurate record keeping, staffing plan, and security plan

reviewed

by

the Illinois State Police

that are in accordance with

the rules issued by the Department of Agriculture under the Act.  A physical

inventory shall be performed of all plants and medical cannabis containers on a

weekly basis

opment and

implementation of a plant monitoring system, medical cannabis container

tracking system, accurate record keeping, staffing plan, and security plan

reviewed

by

the Illinois State Police

that are in accordance with

the rules issued by the Department of Agriculture under the Act.  A physical

inventory shall be performed of all plants and medical cannabis containers on a

weekly basis

.  ISP may utilize the services of a private security

contractor licensed by DFPR to assist with performing a security plan review;

7)

Experience

with agricultural cultivation techniques and industry standards

,

including

experience

with the cultivation of agricultural or horticultural products, operating an

agriculturally related business, or operating a horticultural business;

8)

Any

academic degrees, certifications, or relevant experience with related businesses

;

9)

The

identity of every person, association, trust,

producer

backer, partnership, other entity

or corporation having any direct or

indirect pecuniary interest in the cultivation center operation with respect to

which the registration is sought. If the disclosed entity is a trust, the

application shall disclose the names and addresses of the beneficiaries;

(Section

85 of the Act)

10)        If

a sole proprietorship, the name, residence and date of birth of the owner;

11)

If

a partnership, the names and addresses of all partners, both general and

limited

(Section 85 of the Act) and any partnership or

joint venture documents.

A)        For

a domestic limited partnership, a copy of the Certificate of Limited

Partnership and a Certificate of Good Standing from the Illinois Secretary of

State dated within the last 60 days

dence and date of birth of the owner;

11)

If

a partnership, the names and addresses of all partners, both general and

limited

(Section 85 of the Act) and any partnership or

joint venture documents.

A)        For

a domestic limited partnership, a copy of the Certificate of Limited

Partnership and a Certificate of Good Standing from the Illinois Secretary of

State dated within the last 60 days.

B)        For

a foreign limited partnership, a certificate of Good Standing from the state of

formation, a copy of the Certificate of Authority from the Illinois Secretary

of State and a Certificate of Good Standing from the Illinois Secretary of

State dated within the last 60 days;

12)        If

a limited liability partnership, the names and addresses of all partners, and

any partnership or joint venture documents.

A)        For

a domestic limited liability partnership, a copy of the Certificate of Limited

Liability Partnership and a Certificate of Good Standing from the Illinois

Secretary of State dated within the last 60 days.

B)        For

a foreign limited liability partnership, a certificate of Good Standing from

the state of formation, a copy of the Certificate of Authority from the

Illinois Secretary of State and a Certificate of Good Standing from the

Illinois Secretary of State dated within the last 60 days;

13)        If

a corporation based in Illinois, a copy of the Articles of Incorporation and a

copy of the Certificate of Good Standing issued by the Illinois Secretary of

State or obtained from the Secretary of State's website within the last 60

days. If the corporation is a foreign corporation, a copy of the Articles of

Incorporation, a copy of the Certificate of Good Standing from the state or

country in which the corporation is domiciled, a copy of the Certificate of

Authority from the Illinois Secretary of State and a Certificate of Good

Standing from the Illinois Secretary of State dated within the last 60 days

ithin the last 60

days. If the corporation is a foreign corporation, a copy of the Articles of

Incorporation, a copy of the Certificate of Good Standing from the state or

country in which the corporation is domiciled, a copy of the Certificate of

Authority from the Illinois Secretary of State and a Certificate of Good

Standing from the Illinois Secretary of State dated within the last 60 days.

If using an assumed name (d/b/a), a copy of the assumed name registration

issued by the Secretary of State.  Additionally, applicants shall include

the

names and addresses of all stockholders and directors of the corporation

(Section

85 of the Act);

14)        If

a limited liability company:

A)        For

a domestic limited liability company, a copy of the Articles of Organization, a

copy of the Certificate of Good Standing issued by the Illinois Secretary of

State or obtained from the Secretary of State's website within the last 60

days, and a listing of the members of the limited liability company and his,

her, or its contact information.

B)        For

a foreign limited liability company, a copy of the Articles of Organization and

a Certificate of Good Standing from the state of organization, a copy of the

Application for Admission to Transact Business in Illinois, along with a

Certificate of Good Standing issued by the Illinois Secretary of State, all dated

within the last 60 days;

15)        If

another type of business entity, the same or similar information, as

applicable, to that listed in this subsection (d);

16)

Verification

from the Illinois

State Police that

all background checks of the principal officer, board members, and registered

agents have been conducted and those individuals have not been convicted of an

excluded offense

(Section 85 of the Act)

60 days;

15)        If

another type of business entity, the same or similar information, as

applicable, to that listed in this subsection (d);

16)

Verification

from the Illinois

State Police that

all background checks of the principal officer, board members, and registered

agents have been conducted and those individuals have not been convicted of an

excluded offense

(Section 85 of the Act).

17)        A

copy of the current local zoning ordinance to the Department and

verification

from the local zoning authority that the

proposed

cultivation center is in compliance with the local zoning rules issued in

accordance with Section 140

of the Act (Section 85 of the Act).

A)        If

the property is not owned but is currently leased by the applicant, the

applicant shall provide: a copy of the lease; confirmation of land ownership;

identification of any mortgagees and/or lienholders; a written statement from

the property owner and/or landlord, certifying consent that the applicant may

operate a cultivation center on the premises at least through December 31,

2017; and, if applicable, verification of notification by the property owner to

any and all mortgagees and/or perfected lienholders that the property is to be

used as a cultivation center at least through December 31, 2017, and consent

thereto by any mortgagees and/or perfected lienholders.

B)        If

the property is not owned or currently leased by the applicant, the applicant

shall provide: a written statement from the property owner and/or landlord certifying

consent that the applicant will lease or purchase the property for the purpose

of operating a cultivation center until at least December 31, 2017; and, if

applicable, verification of notification by the property owner to any and all

mortgagees and/or perfected lienholders that the property is to be used as a

cultivation center at least through December 31, 2017, and consent thereto by

any mortgagees and/or perfected lienholders

e or purchase the property for the purpose

of operating a cultivation center until at least December 31, 2017; and, if

applicable, verification of notification by the property owner to any and all

mortgagees and/or perfected lienholders that the property is to be used as a

cultivation center at least through December 31, 2017, and consent thereto by

any mortgagees and/or perfected lienholders.

C)        If

the property is owned by the applicant, the applicant shall provide:

confirmation of land ownership; identification of any and all mortgagees and/or

perfected lienholders; and, if applicable, verification of notification to any

and all mortgagees and/or perfected lienholders that the property is to be used

as a cultivation center at least through December 31, 2017, and consent thereto

by any mortgagees and/or perfected lienholders;

18)        A

non-refundable application fee as set forth in Section 1000.140 for each

application.  Each application for a particular District shall be a separate

application requiring a separate fee;

19)        A

location area map of the area surrounding the proposed cultivation center.  The

map must clearly demonstrate that the proposed cultivation center is

not

located within 2,500 feet of the property line of a pre-existing public or

private preschool or elementary or secondary school or day care center, day

care home, group day care home, part day child care facility, or an area zoned

for residential use

(Section 105 of the Act);

20)        A

plot plan of the cultivation center drawn to a reasonable scale.  If the

cultivation center building is in existence at the time of the application, the

applicant shall submit plans and specifications drawn to scale for the interior

of the building

er, day

care home, group day care home, part day child care facility, or an area zoned

for residential use

(Section 105 of the Act);

20)        A

plot plan of the cultivation center drawn to a reasonable scale.  If the

cultivation center building is in existence at the time of the application, the

applicant shall submit plans and specifications drawn to scale for the interior

of the building.  If the building is not in existence at the time of

application, the applicant shall submit a plot plan and a detailed drawing to

scale of the interior and the architect's drawing of the building to be

constructed;

21)        Documentation

acceptable to the Department that the individual or entity filing the

application has at least $500,000 in liquid assets.  Documentation acceptable

to the Department includes a signed statement from an Illinois Licensed CPA

attesting to proof of the required amount of liquid assets under the control of

an owner or the entity applying. The statement must be dated within 30 calendar

days before the date the application was submitted;

22)        Documentation

acceptable to the Department that the individual or entity filing the

application will be able to obtain insurance sufficient to indemnify and hold

harmless the State and its officers and employees as required in Section

1000.50(b)(4)(B);

23)        All relevant

financial information as set forth in Section 1000.200;

24)        The name

of any agent-in-charge for each work shift;

25)        If

currently or previously licensed or authorized in another state or jurisdiction

to produce or otherwise deal in the distribution of cannabis in any form, the

following:

A)        A

copy of each such licensing/authorizing document verifying licensure in that

state or jurisdiction;

B)        A

statement granting permission to contact the regulatory agency that granted the

license to confirm the information contained in the application; and

C)        If

the license/authorization or application was ever denied, suspended, r

cannabis in any form, the

following:

A)        A

copy of each such licensing/authorizing document verifying licensure in that

state or jurisdiction;

B)        A

statement granting permission to contact the regulatory agency that granted the

license to confirm the information contained in the application; and

C)        If

the license/authorization or application was ever denied, suspended, revoked or

otherwise sanctioned, a copy of documentation so indicating, or a statement

that the applicant was so licensed and was never sanctioned.

e)         The

applicant shall sign a notarized statement certifying that:

1)         No

prospective principal officer or board member has been convicted of an excluded

offense in any state or country;

2)         The

cultivation center will register with the Illinois Department of Revenue should

the applicant be granted a permit;

3)         The

application is complete and accurate; and

4)         The

applicant has actual notice that, notwithstanding any state law:

A)        Cannabis

is a prohibited Schedule I controlled substance under federal law;

B)        Participation

in the program is permitted only to the extent provided by the strict

requirements of the Act and this Part;

C)        Any

activity not sanctioned by the Act or this Part may be a violation of State

law;

D)        Growing,

distributing or possessing cannabis in any capacity, except through a

federally-approved research program, is a violation of federal law;

E)        Use

of medical cannabis may affect an individual's ability to receive federal or

State licensure in other areas;

F)         Use

of medical cannabis, in tandem with other conduct, may be a violation of State

or federal law;

G)        Participation

in the program does not authorize any person to violate federal law or State

law and, other than as set out in Section 25 of the Act, does not provide any

immunity from or affirmative defense to arrest or prosecution under federal law

or State law; and

H)        Applicants

shall

edical cannabis, in tandem with other conduct, may be a violation of State

or federal law;

G)        Participation

in the program does not authorize any person to violate federal law or State

law and, other than as set out in Section 25 of the Act, does not provide any

immunity from or affirmative defense to arrest or prosecution under federal law

or State law; and

H)        Applicants

shall indemnify, hold harmless, and defend the State of Illinois for any and

all civil or criminal penalties resulting from participation in the program.

5)         The

Department has authority to include additional certifications in the

application that would be sufficient to ensure compliance with the program and

all other applicable laws.

6)         All

of applicant's principal officers and producer backers expressly agree to be

subject to service of process in Illinois with a current Illinois address on

file with the Department.