Current through Register Vol. 24-18, September 15, 2024
Each cannabis license application is unique and evaluated
individually. The board may inquire and request documents regarding all matters
in connection with the cannabis license application.
(1)
Cannabis license qualification
criteria and application process. To be issued a license, all cannabis
license applicants must meet the qualifications required by the board. The
board will verify that the proposed business meets the minimum requirements for
the type of cannabis license requested. The qualifications and application
process for a cannabis license include:
(a)
A background check to evaluate whether the applicant qualifies for
a license, consistent with WAC
314-55-040
and
314-55-045.
(i) The background check includes completion
of a personal and criminal history form provided by the board. The applicant is
responsible for paying all fees required by the Washington state patrol and the
Federal Bureau of Investigation.
(ii) Financiers are subject to background
checks equivalent to that of a license applicant. Financiers are responsible
for paying all fees required by the Washington state patrol and the Federal
Bureau of Investigation.
(b)
Inquiry to verify the source
of funds used to acquire an existing business and start the business, the
applicant's right to the real and personal property, and to verify the true
party or parties of interest.
(c)
An inspection of the proposed or currently licensed business
location to determine if the applicant has met all of the requirements of the
license or proposed changes to the licensed premises.
(d)
A residency check to confirm
Washington state residency. Under
RCW
69.50.331(1)(b), all
applicants applying for a cannabis license must have resided in the state of
Washington for at least six months prior to applying for a cannabis license.
(i) All business entities including, but not
limited to, partnerships, employee cooperatives, associations, nonprofit
corporations, corporations and limited liability companies applying for a
cannabis license must be formed in Washington state.
(ii) All members, governors, or agents of
business entities must also meet the six-month residency requirement. Managers
or agents who manage a licensee's place of business must also meet the
six-month residency requirement.
(e)
Applicants must be current in any
tax obligations to the Washington state department of revenue and other
state agencies, as an individual or as part of any entity in which they have an
ownership interest. Applicants must sign an attestation that, under penalty of
denial or loss of licensure, statements concerning the status of tax
obligations are true and correct.
(f)
Operating plan Each cannabis
license applicant must submit an operating plan outlining required elements for
the location as provided in this chapter pertaining to the type of license
being sought. The operating plan must be submitted using an operating plan
template supplied by the board. The operating plan must also include a floor
plan or site plan drawn to scale that illustrates the entire operation being
proposed.
After obtaining a license, the license holder must notify the
board's licensing and regulation division and receive prior approval before
making any changes in their operating plan, floor plan, or both.
(g) If an applicant does not
respond to the board's licensing and regulation division requests for
information, documentation, or both within the timelines provided, the
application may be administratively withdrawn, closed or denied.
(2)
Certificate of
compliance. Consistent with
RCW
69.50.331(8)(e), the board
will issue a certificate of compliance if the proposed business premises meets
the minimum distance requirements as of the date the application was received
by the board. If the physical location changes during the application process,
the certificate of compliance will be issued for the date that the premises
change was received by the board. Applicants who were granted licenses prior to
adoption of this rule may operate their business at the location
notwithstanding a later occurring, otherwise qualifying minimum distance
factor.
(3)
Notice of
cannabis license application. Consistent with
RCW
69.50.331 the board will send a notice to
cities and counties, tribal governments, and port authorities regarding the
cannabis license application within the jurisdiction. The local authority,
tribal government, or port authority has 20 days to respond with a
recommendation to approve the application or an objection to the applicant,
location, or both.
(4)
Notice
of cannabis license application to tribal governments. Consistent with
RCW
69.50.331, the board will send a notice to
tribal governments when an applicant or licensee proposes to be located within
the exterior boundaries of the reservation of a federally recognized Indian
tribe. The tribal government has 20 days to respond with an approval to the
application. If written approval is not received within 30 days, the board
assumes the tribe does not consent to the applicant's location and the
applicant must find a new location.
(5)
Displaying notice of new cannabis
license application or application for change of location of an existing
licensed business. Applicants for a new cannabis producer, processor,
retailer, transportation, or research license or those who apply to change
their location must display a notice provided by the board on the outside of
the premises to be licensed notifying the public that the premises are subject
to an application for a cannabis license. The notice must be posted within
seven days of submitting the location confirmation form for new licenses or the
change of location application for existing licensees. The board may check for
compliance with this requirement at its discretion. The notice must:
(a) Not be changed. The licensee must post
the notice sent by the board without changing the text in any way;
(b) Be noticeably displayed on, or
immediately next to, the premises subject to the application and in the
location that is most likely to be seen by the public;
(c) Be of a size that can be readily seen by
the public. At a minimum these notices must be 8 1/2 x 11 inches;
(d) Be posted within seven business days of
the date the notice is sent to the applicant by the board; and
(e) The notice must be posted for 14
consecutive days.
(6)
Application holds and withdrawals. The board may place licensing
change applications made by a licensee on hold if the change application is
reasonably related to an ongoing investigation.
(a) The board may withdraw licensing change
applications pending the results of an adjudicative proceeding regarding a
violation of this chapter. Depending on the outcome of the adjudicative
proceeding, the licensee may reapply for the withdrawn licensing change
application(s).
(b) Examples of
licensing change applications that may be affected under this subsection
include:
(i) Application for additional
funding;
(ii) Application to add a
medical cannabis endorsement;
(iii)
Assumption of a license;
(iv)
Change in governing people, percentage owned, or stock/unit
ownership;
(v) Change of
location;
(vi) Expanding plant
canopy to maximum allotted;
(vii)
Request to change cannabis site or operating plan;
(viii) Request to add a processor license;
or
(ix) Splitting a producer or
processor license.
(7)
Industry tracking.
(a) To help the board track employment and
personnel trends of the industry as it continues to develop, the board requests
that applicants seeking new licensure and licensees seeking license renewal
provide the following information:
(b) Employee compensation and benefit data:
(i) Whether the applicant/licensee provide a
living wage (at least 150 percent of the state minimum wage) to 85 percent or
more of its hourly employees;
(ii)
Whether the applicant/licensee will provide health insurance to at least 85
percent of its hourly employees;
(iii) Whether the applicant/licensee will
provide a defined benefit pension plan to at least 85 percent of its
employees;
(iv) Whether the
applicant/licensee will provide five or more paid sick days annually to at
least 85 percent of its employees;
(v) Whether there is a signed labor peace
agreement or collective bargaining agreement with a labor organization in
place.
(8) The
issuance or approval of a license is not a license for, or an approval of, any
violation of local rules or ordinances including, but not limited to: Building
and fire codes, zoning ordinances, and business licensing
requirements.
(9)
Social
equity applicant. A person qualifying for the social equity in cannabis
program under WAC 314-55-570 may apply for a cannabis license consistent with
the provisions of this chapter.
Statutory Authority:
RCW
69.50.325,
69.50.331,
69.50.342,
69.50.345. WSR 13-21-104,
§ 314-55-020, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
§ 314-55-020, filed 10/3/2013, effective
11/3/2013
