Mich. Admin. Code R. 420.13 - Renewal of marihuana license
Rule 13.
(1) A
marihuana license is issued for a 1-year period and is renewable annually. A
licensee shall apply to renew a marihuana license on a form established by the
agency. The licensee shall pay the required fee upon submission of the
application for renewal. The marihuana license may be renewed no more than 90
calendar days before the expiration of the marihuana license, if the licensee
has submitted the renewal form required by the agency and, if applicable, the
licensee has paid any additional background investigation charge assessed by
the agency under these rules. The applicant shall include on the renewal form,
a statement requesting renewal of the marihuana license and all of the
following information:
(a) To the extent that
information has changed or not been previously reported, updated personal,
business, and financial information, as the agency may require, related to the
eligibility of the licensee to continue to hold the marihuana license for which
renewal is requested under the acts and these rules. For a licensee seeking
renewal under the MMFLA, required information may also be related
to the business probity; financial ability and experience; and responsibility
or means to operate or maintain a marihuana facility of the licensee and each
person required to be qualified for renewal of the license under the MMFLA. To
the extent that the information has changed or has not been previously
reported, updated information on the marihuana business is required.
(b) A statement under oath by the licensee
that the information provided in the licensee's annual renewal form is current,
complete, true, and accurate, and that the licensee has fulfilled its
obligation under the acts and these rules to notify the agency of any change in
information provided in its original marihuana license application and
subsequent annual renewal form or forms previously filed, if
applicable.
(c) For an applicant
seeking renewal of a license under the MMFLA, confirmation of municipal
compliance on an attestation form provided by the agency that includes all of
the following:
(i) A description of any
violation of an ordinance or a zoning regulation adopted pursuant to section
205 of the MMFLA, MCL 333.27205 committed by the licensee, but only if the
violation relates to activities licensed under the act or these
rules.
(ii) Whether there has been
a change to an ordinance or a zoning regulation adopted pursuant to section 205
of the MMFLA, MCL 333.27205since the marihuana license was issued to the
licensee and a description of the change.
(iii) The date and signature of the clerk of
the municipality or his or her designee.
(iv) The date and signature of the
applicant.
(v) The name and address
of the marihuana facility.
(vi) The
license type of the marihuana facility.
(d) For an applicant seeking renewal of a
license under the MRTMA, confirmation of municipal compliance on an attestation
form provided by the agency that includes all of the following:
(i) A description of any violation, if
applicable, of an ordinance or a zoning regulation consistent with section 6 of
the MRTMA, MCL 333.27956, committed by the licensee, but only if the violation
relates to activities licensed under the act or these rules.
(ii) Whether there has been a change to an
ordinance or a zoning regulation consistent with section 6 of the MRTMA, MCL
333.27956, since the marihuana license was issued to the licensee and a
description of the change.
(iii)
The following information for the municipality where the marihuana
establishment is located, including, at a minimum, all of the following:
(A) The name and address of the marihuana
establishment.
(B) The license type
of the marihuana establishment.
(C)
The municipality where the marihuana establishment is located.
(D) The contact information for the
municipality, including, at a minimum, all of the following:
(I) The name of the clerk of the municipality
or his or her designee.
(II) The
telephone number of the clerk of the municipality or his or her
designee.
(III) The email address
of the clerk of the municipality or his or her designee.
(IV) The mailing address of the clerk of the
municipality or his or her designee.
(iv) Confirmation that the municipality has
not adopted an ordinance prohibiting the proposed marihuana
establishment.
(v) Confirmation
that the applicant is in compliance with any ordinance the municipality has
adopted relating to marihuana establishments within its jurisdiction, including
zoning regulations.
(vi)
Attestation that the applicant will report any changes that occur with
municipal ordinances or zoning regulations that relate to the marihuana
establishment, any municipal establishment approvals, or any violations of a
municipal or zoning regulation.
(vii) The date and signature of the
applicant.
(e) An
attestation by the licensee that the licensee's annual renewal form provides
all information and documentation required by the agency to establish that the
licensee is eligible, qualified, and suitable to have its marihuana license
renewed and is ready and able to continue conducting its marihuana business in
compliance with the acts and these rules throughout the new 1-year time period
for which the license is to be renewed.
(f) Other relevant information and
documentation that the agency may require to determine the licensee's
eligibility to have its marihuana license renewed under the licensing standards
of the acts and these rules.
(2) Failure to comply with any of the
provisions of the acts and these rules may result in the nonrenewal of a
marihuana license. The agency shall not renew a marihuana license unless the
agency determines, as part of the license renewal, that each person required by
the acts and these rules to meet licensing standards is eligible, qualified,
and suitable under the relevant licensing standards.
(3) The licensee shall meet the requirements
of the acts and any other renewal requirements set forth in these
rules.
(4) The agency may refuse to
renew a marihuana license and issue a notice of nonrenewal if the licensee
fails to apply for renewal in accordance with section 402 of the MMFLA, MCL
333.27402, as applicable, and this rule. In addition, the agency may refuse to
renew a marihuana license and issue a notice of nonrenewal if the agency
determines, after reviewing the licensee's annual renewal form, that the
marihuana license should not be renewed because the licensee's annual renewal
form does not provide the information and documentation required by the agency
to determine that the licensee is eligible, qualified, and suitable to continue
to be licensed and ready and able to continue conducting its marihuana business
in compliance with the acts and these rules.
(5) The agency may refuse to renew a
marihuana license and issue a notice of nonrenewal if the licensee has failed
to submit an annual financial statement required under the acts and these rules
for the marihuana license it is renewing or for a previously held marihuana
license.
(6) If a license renewal
application for a license under the MMFLA is not submitted by the license
expiration date, the license may be renewed within 60 days after its expiration
date upon submission of the required application, payment of the required fees,
and satisfaction of any renewal requirements. The licensee may continue to
operate during the 60 calendar days after the license expiration date if the
licensee submits the renewal application to the agency and complies with the
other requirements for renewal.
(7)
The agency shall send a renewal notice to the last known address of a licensee
on file with the agency. The failure of a licensee to notify the agency of a
change of address does not extend the expiration date of a license and may
result in disciplinary action.
(8)
A marihuana licensee who is served with a notice of nonrenewal may request a
hearing pursuant to these rules.
(9) If the licensee does not request a
hearing in writing within 21 calendar days after service of the notice of
nonrenewal, the notice of nonrenewal becomes the final order of the
agency.
(10) A person who has not
applied for marihuana license renewal for any and all licenses that are due for
renewal shall cease and desist operation and is subject to any sanctions or
fines, or both, pursuant to the acts and these rules.
Notes
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