Current through Register Vol. 48, No. 12, March 22, 2024
d) An applicant applying for an Infuser
License shall submit the following:
1)
The nonrefundable application fee of $5,000, unless the
applicant is eligible for a fee waiver pursuant to Section 7-20 of the
Act;
2)
The legal name of
the infuser;
3)
The proposed physical address of the infuser;
4)
The name, address, social security
number, and date of birth of each principal officer and board member of the
infuser; each principal officer and board member shall be at least 21 years of
age;
5)
The
details of any administrative or judicial proceeding in which any of the
principal officers or board members of the infuser:
A)
Pled guilty, were convicted,
fined, or had a registration or license suspended or revoked;
or
B)
Managed or
served on the board of a business or non-profit organization that pled guilty,
was convicted, fined, or had a registration or license suspended or
revoked;
6)
Proposed operating bylaws that include procedures for the oversight of
the infuser, including the development and implementation of a plant monitoring
system, accurate recordkeeping, staffing plan, and security plan that are in
accordance with this Part. A physical inventory of all
cannabis shall be performed by the infuser on a weekly
basis;
7)
Verification from ISP that all background checks of
the prospective principal officers, board members, and agents of the infuser
have been conducted. If ISP has not completed the background check,
then the applicant shall provide verification that the background check request
has been submitted to ISP;
8)
A copy of the current local zoning ordinance and verification that the
proposed infuser is in compliance with the local zoning rules and distance
limitations established by the local jurisdiction;
9)
Proposed employment practices, in
which the applicant must demonstrate a plan of action to inform, hire, and
educate minorities, women, veterans, and persons with disabilities, engage in
fair labor practices, and provide worker protections;
10)
Whether an applicant can
demonstrate experience in, or business practices that promote, economic
empowerment in Disproportionately Impacted Areas;
11)
Experience in infusing products
with cannabis concentrate;
12)
A description of the enclosed,
locked facility where cannabis will be infused, packaged, or otherwise prepared
for distribution to a dispensing organization or other
infuser;
13)
Processing, inventory, and packaging plans;
14)
A description of the applicant's
experience with operating a commercial kitchen or laboratory preparing products
for human consumption;
15)
A list of any academic degrees, certifications, or relevant experience
of all prospective principal officers, board members, and agents of the related
business;
16)
The
identity of every person having a financial or voting interest of 5% or greater
in the infuser operation with respect to which the license is sought, whether a
trust, corporation, partnership, limited liability company, or sole
proprietorship, including the name and address of each person;
[410 ILCS
705/35-15]
17) If a sole proprietorship, the name,
residence and date of birth of the owner;
18) If a partnership, the names and addresses
of all partners, both general and limited, 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 SOS 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 SOS, and a Certificate of Good Standing from SOS
dated within the last 60 days;
19) 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 SOS 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 SOS, and a
Certificate of Good Standing from SOS dated within the last 60
days;
20) If a
corporation based in Illinois, a copy of the Articles of Incorporation and a
copy of the Certificate of Good Standing issued by SOS or obtained from the SOS
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 SOS and a Certificate of Good
Standing from SOS dated within the last 60 days. If using an assumed name
(d/b/a), a copy of the assumed name registration issued by SOS. Additionally,
applicants shall include the names and addresses of all stockholders and
directors of the corporation;
21)
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 SOS or obtained from the SOS
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 SOS,
all dated within the last 60 days;
22) If another type of business entity, the
same or similar information as required for a limited liability
company;
23) A description of the
property ownership of the proposed location:
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 an infuser on the premises
through the term of the lease; 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 an infuser at least through the term of
financing, 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 an infuser until the end of the lease term; 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 an infuser at
least through the effective date of the effective agreement, 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 an infuser at least through the
term of the financing agreement, and consent thereto by any mortgagees and/or
perfected lienholders;
24) Documentation acceptable to the
Department that the individual or entity filing the application has at least
$20,000 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;
25)
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 by
law;
26) All relevant financial
information as set forth in Section 1300.405;
27) The name of any agent-in-charge for each
work shift;
28) If any principal
officers or board members are currently, or have previously been, 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 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 licensed
and was never sanctioned;
29)
A plan describing how the infuser
will address each of the following:
A)
Energy needs, including estimates
of monthly electricity and gas usage, to what extent it will procure energy
from a local utility or from on-site generation, and if it has or will adopt a
sustainable energy use and energy conservation policy;
B)
Water needs, including estimated
water draw, and if it has or will adopt a sustainable water use and water
conservation policy;
C)
Waste management, including if it has or will adopt a waste reduction
policy;
D)
A
recycling plan:
i)
A
commitment that any recyclable waste generated by the infuser shall be recycled
per applicable State and local laws, ordinances, and rules;
and
ii)
A
commitment to comply with local waste provisions. An infuser commits to remain
in compliance with applicable State and federal environmental requirements,
including, but not limited to, storing, securing, and managing all recyclables
and waste, including organic waste composed of or containing finished cannabis
and cannabis products, in accordance with applicable State and local laws,
ordinances, and rules; [410 ILCS
705/30-10]
30) For a Social Equity Applicant:
A) If applicable, the Social Equity
Applicant's status as an "Illinois resident" as evidenced by incorporation
documents, or, if applying as an individual, at least 2 of the following:
i) a signed lease agreement that includes the
applicant's name;
ii) a property
deed that includes the applicant's name;
iii) school records;
iv) voter registration card;
v) an Illinois driver's license, ID card, or
a Person with a Disability ID card;
vi) a paycheck stub;
vii) a utility bill; or
viii) any other proof of residency or other
information necessary to establish residence.
B) A person must have been domiciled in this
State for a period of 30 days and shall provide evidence of one of the
following:
i) The person or persons owning
and controlling at least 51% of the proposed license have lived in a
Disproportionately Impacted Area for 5 of the preceding 10 years as
demonstrated by, but not limited to, tax filings, voter registrations, leases,
mortgages, paycheck stubs, utility bills, insurance forms, or school records
that include the qualifying principal officers' names on them;
ii) The person or persons owning and
controlling at least 51% of the proposed license have been arrested for,
convicted of, or adjudicated delinquent for any offense made eligible for
expungement by the Act. If the arrest, conviction, or adjudication has been
sealed or expunged, provide records of that action;
iii) The person or persons owning and
controlling at least 51% of the proposed license have had a parent, legal
guardian, child, spouse or dependent, or was a dependent of an individual who,
prior to June 25, 2019, was arrested for, convicted of, or adjudicated
delinquent for any offense made eligible for expungement by the Act. If the
arrest, conviction or adjudication has been sealed or expunged, the applicant
shall provide records of that action. The applicant must also provide evidence
of the relationship between the applicant's principal officer or officers and
the person who was arrested for, convicted of, or adjudicated delinquent for
any offense made eligible for expungement by the Act; or
iv) The applicant employs 10 or more
full-time employees, and that 51% or more of those employees currently reside
in a Disproportionately Impacted Area; have been arrested for, convicted of, or
adjudicated delinquent for any offense that is eligible for expungement under
the Act; or are members of an "impacted family" as that term is defined in the
Act. The applicant must provide evidence as described in this subsection
(d)(29)(B)(iv) for each employee. The applicant shall also provide evidence the
employees were engaging in full time work as of the date the application was
submitted. If the employee information, or employment status of employees,
changes before licenses are awarded, the applicant has a duty to notify the
Department of the change in employee information or status; and
31) All of the
applicant's principal officers expressly agree to be subject to service of
process in Illinois and to maintain a current Illinois address on file with the
Department.
32) If the Department
offers bonus points for community engagement, and the applicant desires to
obtain those points, the applicant must submit its plan for community
engagement.
e) The
applicant shall sign a notarized statement certifying that:
1) The infuser shall register with DOR if the
applicant is granted a license;
2)
The application is complete and accurate; and
3) 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 licensed
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 cannabis may affect an individual's ability to receive federal or State
licensure in other areas;
F) Use of
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 Article 45 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 and hold harmless the State of Illinois for any and all civil or
criminal penalties resulting from participation in the program.