1 CCR 212-3-3-1110 - Accelerator Shared Premises
Basis and Purpose - 3-1110
The statutory authority for this rule includes but is not limited to sections 44-10-202(1)(c), 44-10-203(2)(aa), 44-10-310(2), and 44-10-311(2), C.R.S. The purpose of this rule is to establish requirements for Accelerator-Endorsed Licensees and Social Equity Licensees to participate in the accelerator program. This option is for the Accelerator-Endorsed Licensee and the Social Equity Licensee to have a mentor/apprentice type relationship pursuant to Rules 3-1105 and 3-1110.
A.
Equity Assistance Plan -
Additional Requirements. In addition to all equity assistance
proposal requirements outlined in Rule 3-1105(C)(1), an Accelerator-Endorsed
Licensee intending to share its Licensed Premises with an Accelerator Licensee
must also include the following in tis equity assistance proposal:
1. How the Accelerator-Endorsed Licensee will
protect or minimize disruptions to a prospective Accelerator Licensee in the
event of a change of location of the Accelerator-Endorsed Licensee's Licensed
Premises;
2. The extent to which
the Accelerator-Endorsed Licensee will provide equipment, ingredients, or other
resources to an Accelerator Licensee pursuant to an equity partnership
agreement.
B.
Equity Partnership Agreement - Additional
Requirements. An Accelerator-Endorsed Licensee's equity assistance
proposal that includes the information required by Rule 3-1105 and this Rule
3-1110 may also serve as the equity partnership agreement.
1. How the Accelerator-Endorsed Licensee will
protect or minimize disruptions to the Accelerator Licensee in the event of a
change of location of the Accelerator-Endorsed Licensee's Licensed
Premises;
2. Any intellectual
property protections or restrictions;
3. Any agreements about operational control
of any shared equipment, premises, or shared personnel;
4. Any agreements related to division of
liability pursuant this Rule; and
5. Any non-disclosure agreements.
C.
Division of
Liability.
1.
Shared
Equipment. An Accelerator-Endorsed Licensee and Accelerator
Licensee may share equipment in the same Licensed Premises if they have
Standard Operating Procedures addressing the following:
a. Rotational/time schedule for utilizing
equipment;
b. Changes to the
schedule; and
c. Sanitizing
equipment.
2.
Shared Ingredients and/or Co-Mingling of Inventory. An
Accelerator-Endorsed Licensee and Accelerator Licensee may share non-marijuana
ingredients such as soil, growing medium, fertilizers, sugar, flour, etc. If
the Accelerator-Endorsed Licensee and the Accelerator Licensee share
non-marijuana ingredients, they must have Standard Operating Procedures for the
protection, use, and maintenance of such products.
3.
Inventory Tracking and Record
Keeping. Both the Accelerator-Endorsed Licensee and the
Accelerator Licensee are each required to comply with the Inventory Tracking
Requirements in the 3-800 Series Rules and all business records requirements in
the 3-900 Series Rules. Nothing in this Rule prohibits an Accelerator-Endorsed
Licensee from providing the Accelerator Licensee financial support to comply
with these requirements such as purchasing Inventory Tracking System tags for
use by the Accelerator Licensee.
4.
Security and Surveillance. Both the
Accelerator-Endorsed Licensee and the Accelerator Licensee are each required to
comply with security and surveillance requirements in the 3-220 Series Rules.
Nothing in this Rule prohibits an Accelerator-Endorsed Licensee from providing
the Accelerator Licensee financial support to comply with these
requirements.
5.
Other. Both the Accelerator-Endorsed Licensee and the
Accelerator Licensee will be jointly liable for any violations related to the
Licensed Premises, security requirements, video surveillance requirements,
health and safety requirements, possession limits, and waste rules, unless the
Licensees have expressly established severed liability in the equity
partnership agreement. It may be considered mitigation if the
Accelerator-Endorsed Licensee demonstrated the Accelerator Licensee failed to
comply with the Standard Operating Procedures.
D.
Accelerator License
Operational Control. The Accelerator-Endorsed Licensee and the
Accelerator Licensee may define the division of operational control of
equipment in the shared premises.
E.
Intellectual Property
Protections. The Accelerator-Endorsed Licensee and the Accelerator
Licensee shall maintain control over their individual intellectual property
unless expressly agreed to in the equity partnership agreement.
Notes
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