Section 1000.120 Permit Issuance; Transferability

Section

1000.120  Permit Issuance; Transferability

a)         A cultivation

center permit

shall be issued for the specific

location identified on the application, and is valid only for the owner,

premises and name designated on the permit and the location for which it is

issued.

1)         A cultivation

center permit

is not transferable to a new

location without Department approval.

2)         In the event that

the Department approves the new location as meeting all requirements of the Act

and this Part, the cultivation center shall have a brief transition period of

no more than 90 days, approved by the Department, to transfer its inventory and

begin operations at the new location.

A)        The transition

period shall not begin until the new location is ready to begin production.

B)        No product may be

transferred to or cultivated at the new location prior to the beginning date of

this approved transition period.

C)        Any product

remaining at the original location past the transition period shall be

destroyed in accordance with the provisions of Section 1000.460.

D)        The cultivation

center shall notify the Department in writing or by electronic transmission

once the transfer of inventory is complete and production has begun at the new

location.

3)         Upon inspection and

verification by the Department that the new location is in compliance with the

Act and this Part, the Department shall issue a permit modification reflecting

the new location. The modified permit shall have the same expiration date as

the previously issued permit.

b)         A cultivation

center permit

shall be issued for the specific

applicant identified in the application and shall not be transferable in whole

or in part, with the following exceptions:

1)         A cultivation

center permit may be reissued, without charge, solely in the name of the

surviving spouse or domestic partner of a deceased permittee if the permit was

issued in the names of both of the parties

ation

center permit

shall be issued for the specific

applicant identified in the application and shall not be transferable in whole

or in part, with the following exceptions:

1)         A cultivation

center permit may be reissued, without charge, solely in the name of the

surviving spouse or domestic partner of a deceased permittee if the permit was

issued in the names of both of the parties.

2)         A cultivation

center permit may be transferred, without charge, to an heir of a deceased

permittee other than as provided in subsection (b)(1), as determined by the

Probate Act of 1975 [755 ILCS 5].  For the purpose of considering the

qualifications of the heir to receive a cultivation center permit, the

Department shall require a criminal background check and the heir will be

subject to all other requirements of the Act and this Part.

c)         The proposed sale

of any outstanding or issued stock of a corporation permitted under the Act, or

any proposed change in the officers or board members of the corporation, must

be reported to the Department, and Department approval must be obtained before

the changes are made. A fee (see Section 1000.140) will be charged for the

processing of the change of stock ownership or corporate officers or board

members.

d)         The proposed change

of any person or principal officer of any permittee must be reported to the

Department and Department approval must be obtained before the changes are

made. A fee (see Section 1000.140) will be charged for the processing of any

such change.

e)         A cultivation

center permit

shall not be leased or

subcontracted, in whole or in part.