Conn. Agencies Regs. § 21a-408-14 - Dispensary facility license selection
(a) The
department shall publish on its Internet web site, and in such other places as
the department deems appropriate, a notice of open applications for dispensary
facility licenses. Such notice shall include, but not be limited to:
(1) The maximum number of licenses to be
awarded;
(2) Information on how to
obtain an application;
(3) The
deadline for receipt of applications;
(4) Acceptable methods for submitting an
application;
(5) The preferred
locations, if any, for the dispensary facility licenses; and
(6) The criteria that shall be considered in
awarding the dispensary facility licenses.
(b) Following the deadline for receipt of
applications, the commissioner shall evaluate each complete and timely
submitted application and award dispensary facility licenses on a competitive
basis based on the criteria set out in the notice for applications. In the
event the commissioner determines that there are an insufficient number of
qualified applicants to award all of the dispensary facility licenses that the
commissioner has determined are desirable, the department may republish, in
accordance with this section, a notice of open applications for dispensary
facility licenses.
(c) The
commissioner shall consider, but is not limited to, the following criteria in
evaluating dispensary facility license applications:
(1) The character and fitness of the
dispensary, dispensary facility backers and any other person who may have
control or influence over the operation of the proposed dispensary
facility;
(2) The location for the
proposed dispensary facility including, but not limited to:
(A) Its proximity to previously approved
dispensary facilities or pending dispensary facility applications;
(B) Whether the registered patient population
in the area proposed by the dispensary facility applicant justifies the need
for a dispensary facility, or an additional dispensary facility, in that
area;
(C) Whether the proximity of
the proposed dispensary facility will have a detrimental effect upon any place
used primarily for religious worship, public or private school, convent,
charitable institution, whether supported by private or public funds, hospital
or veterans' home or any camp or military establishment; and
(D) Whether the number of dispensary
facilities in the locality is such that the granting of a license is
detrimental to the public interest. In reaching a conclusion in this respect,
the commissioner may consider the population of, the number of like licenses
and number of all licenses existent in, the particular town and the immediate
neighborhood concerned, the effect that a new license may have on such town or
neighborhood or on like licenses existent in such town or
neighborhood.
(3) The
applicant's ability to maintain adequate control against the diversion, theft
and loss of marijuana;
(4) The
applicant's ability to maintain the knowledge, understanding, judgment,
procedures, security controls and ethics to ensure optimal safety and accuracy
in the dispensing and sale of marijuana; and
(5) The extent to which the applicant or any
of the applicant's dispensary facility backers have a financial interest in
another licensee, registrant or applicant under the Act or sections
21a-408-1 to 21a-408-72 of the
Regulations of Connecticut State Agencies.
(6) Any other reason provided by Connecticut
state or federal statute or Connecticut state or federal regulation that is not
inconsistent with the Act or sections
21a-408-1 to 21a-408-72,
inclusive, of the Regulations of Connecticut State Agencies and that warrants
consideration.
(d) The
commissioner shall have the right to amend the notice of open applications
prior to the deadline for submitting an application. Such amended notice shall
be published in the same manner as the original notice of open
applications.
(e) The commissioner
shall have the right to cancel a notice of open applications prior to the award
of a dispensary facility license.
(f) The commissioner may disqualify any
applicant who:
(1) Submits an incomplete,
false, inaccurate or misleading application;
(2) Fails to submit an application by the
published deadline; or
(3) Fails to
pay all applicable fees;
(g) The decision of the commissioner not to
award a dispensary facility license to an applicant shall be final.
(h) If an applicant has been awarded a
dispensary facility license and has not commenced operation of such facility
within one hundred twenty days of being notified of the dispensary facility
license award, the commissioner may, in the commissioner 's discretion, rescind
such dispensary facility license, unless such delay was caused by a
force majeure. A dispensary facility shall be deemed to have
commenced operation if the dispensary facility is capable of operating in
accordance with the dispensary facility applicant's approved application. In
the event a dispensary facility license is rescinded pursuant to this
subsection, the commissioner may award a dispensary facility license by
selecting among the qualified applicants who applied for the dispensary
facility license subject to rescission.
Notes
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