Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Exempt Agreements. The following agreements shall not be presumed to create a
controlling interest or undue influence in a licensee; apparent or actual
conflicts of interest; or an availing interest in the license by a non-licensee
or person who is not a true party of interest in such license. A person may
provide goods and services across licenses.
(1) General providers of goods and services.
Exemp t goods and services agreements, may include, but are not limited to,
accounting, license application preparation, record-keeping, cleaning and
janitorial, leasing equipment, architect services, security, legal services,
government relations (registered lobbyist), construction, heating, ventilating,
air conditioning, refrigeration, plumbing, lighting, office supplies, and
provision of non-cannabis goods from unlicensed persons.
(2) Landlords. A person may be a landlord to
licensees across multiple licenses. If the landlord becomes a true party of
interest in a license, they are subject to the requirements of the true parties
of interest for that license type.
(3) Financiers and financial institutions. A
person may be a financier or financial institution across multiple licenses. If
the financier or financial institution becomes a true party of interest in a
license, they are subject to the prohibitions of true parties of interest for
that license type. Principal repayment shall be excluded from any calculation
of fees paid to a financier or financial institution in a calendar
year.
(b) Non-exempt
agreements.
(1) Non-exempt agreements,
include, but are not limited to, agreements for the provision of consulting,
advisory, or strategic services related to the licensee's cultivation,
processing, distributing, or selling of cannabis or cannabis
products.
(2) Any person providing
non-exempt goods and services pursuant to a non-exempt agreement that is not
based on a flat fee, including, but not limited to, agreements based on
business performance, revenues, royalties, or profits, shall be prohibited from
having any goods and services agreement with a licensee in a separate licensing
tier.
(c) Stacking
Agreements. Where a person has multiple goods and services agreements, whether
exempt or non-exempt, with a licensee, the value of the payments made under
such agreements shall be combined for purposes of determining whether a person
has a financial or controlling interest, and the combined agreements shall be
held to the strictest prohibitions of each of those individual
agreements.
