Rule 1301:18-3-02 | Change of Location.
(A) A licensee shall not change the location of its licensed premises without prior approval from the division of cannabis control.
(B) Prior to any proposed change, a licensee shall submit the following to the division:
(1) A complete and accurate application on a form prescribed by the division evidencing the following:
(a) The proposed location of the licensed premises;
For licensed dispensaries, any proposed location must the following:
(i) Located within the same dispensary district as the existing location; and
(ii) Unless otherwise authorized by the division, not located within one mile of another licensed dispensary.
(b) The associated plans and specifications for the proposed location;
(c) Evidence the proposed location meets all applicable requirements under rules 1301:18-5-02, 1301:18-6-02, 1301:18-7-02, and 1301:18-8-02 of the Administrative Code;
(d) The licensee will remain in compliance with division 1301:18 of the Administrative Code at the proposed location;
(e) Any supporting documentation evidencing the requirements outlined under this paragraph; and
(f) The non-refundable change of location fee as outlined under rule 1301:18-2-09 of the Administrative Code.
(2) After review of the application for a change of location, the division may:
(a) Approve the application;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant failed to meet all application requirements.
(3) Upon receipt of written approval, the licensee may construct and prepare the new location.
(C) Once the new location is fully constructed and prepared to commence all business, the licensee shall submit in a manner prescribed by the division a proposed transition plan outlining the following:
(1) A proposed procedure for the safe and secure transfer all inventory and other materials maintained at the original location to the proposed location within ninety calendar days as outlined under paragraph (E) of this rule;
(2) Confirmation that the licensee's transition plan will ensure proper security and surveillance of the original location and the proposed location during the transition period that mitigates the risk of theft, loss, and diversion; and
(3) Assurance the licensee will maintain ongoing compliance with all requirements outlined under this chapter.
(D) Upon receipt of a licensee's proposed transition plan, the division will:
(1) Review the proposed transition plan and advise of any necessary modifications; and
(2) Conduct a change of location inspection pursuant to rule 1301:18-9-01 of the Administrative Code.
(E) Unless otherwise authorized by the division, the licensee shall have ninety calendar days from the date the licensee passes the change of location inspection pursuant to paragraph (D) of this rule to transfer all inventory.
(1) No inventory may be transferred prior to the beginning date of the approved transition period.
(2) Any cannabis remaining at the original location past the ninety-day transition period shall be destroyed in accordance with rule 1301:18-3-12 of the Administrative Code.
(3) The licensee shall notify the division once the transfer of inventory is complete and business may commence at the new location.
(4) Pursuant to rule 1301:18-9-01 of the Administrative Code, the division may conduct an inspection at the original location and the proposed location to ensure compliance with all requirements outlined under this chapter.
(F) After verification by the division that the new location is in full compliance with these rules, the division will issue a modified certificate of operation reflecting the new location.
(1) The licensee shall not operate at the new location until the division approves and issues an amended certificate of operation outlining the new location.
(2) A licensee's modified certificate of operation has the same expiration date as the previously issued license.
(G) Upon receipt of the modified certificate of operation, the licensee may commence business.
Unless otherwise authorized by the division, a licensee shall not operate in two locations pursuant to the same certificate of operation.
Last updated December 20, 2024 at 7:41 AM
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