Illinois Administrative Code
Title 68 - PROFESSIONS AND OCCUPATIONS
Part 1291 - CANNABIS REGULATION AND TAX ACT
Subpart A - GENERAL PROVISIONS
Section 1291.50 - Tied Applicant Lottery Conducted in 2021
Universal Citation: 68 IL Admin Code ยง 1291.50
Current through Register Vol. 48, No. 38, September 20, 2024
a) A tied applicant may qualify as an eligible applicant subject to the following:
1) A tied applicant is prohibited from
becoming an eligible applicant if a principal officer of the tied applicant is
a principal officer of more tied applicants than the number of remaining
available licenses. For example, if an individual is a principal officer of
four tied applicants and there are two remaining available licenses, no more
than two of those tied applicants may become eligible applicants.
2) A tied applicant is prohibited from
becoming an eligible applicant if a principal officer of a tied applicant
resigns after the conclusion of the scoring process period.
3) A tied applicant is prohibited from
becoming an eligible applicant if, after the conclusion of the declination
period identified in subsection (b), a principal officer of the applicant is a
principal officer of more tied applicants than the number of remaining
available licenses.
b) A tied applicant may decline to become an eligible applicant by informing the Department within five business days after the conclusion of the scoring process. The declination must be submitted on forms approved by the Department.
c) If, at the conclusion of the scoring process period, there are two or more eligible applicants, the Department may distribute the remaining available licenses by lot subject to the following:
1) The
Department shall publish a list of eligible applicants at least five business
days before the day the remaining available licenses are distributed.
2) The drawing by lot for all remaining
available licenses will occur on the same day.
3) For each BLS region, the Department will
draw a number of eligible applicants equal to five times the number of
remaining eligible applicants.
4)
Within each BLS region, the first eligible applicant drawn will have the first
right to a remaining available license. The second eligible applicant drawn
will have the second right to a remaining available license. The same pattern
will continue for each subsequent eligible applicant drawn.
5) The process for distributing remaining
available licenses will be recorded by the Department in a format selected by
the Department.
6) If, upon being
selected for a remaining available license, the eligible applicant has a
principal officer that is a principal officer in more than 10 Early Approval
Adult Use Dispensing Organization Licenses, Conditional Adult Use Dispensing
Organization Licenses, Adult Use Dispensing Organization Licenses, the
licensees and the eligible applicant listing that principal officer must choose
which license to abandon pursuant to Section 15-36(d) of the Act, and notify
the Department in writing within the timeframe identified in
1291.50(b). If
the eligible applicant or licensees do not notify the Department as required,
the Department will refuse to issue to the eligible applicants all remaining
available licenses obtained by lot in all BLS regions.
7) All remaining available licenses that have
been abandoned shall be distributed to the next eligible applicant drawn by
lot. If there are no additional eligible applicants, the license shall be
awarded to the applicant receiving the next highest number of application
points in the BLS region.
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