Haw. Code R. § 11-850-16 - Documentation and information for applying entity

(a) An applying entity shall provide the following required information and documents:

(1) Name of the applying entity and any other name under which the applying entity does business; street address, telephone number, facsimile number, email address; date the applying entity was organized under the laws of Hawaii; Hawaii tax identification number; federal employer identification number; names of owners and percentage of ownership for each; designation of the county for which the applicant is applying for a license; and

(2) The following supporting documents shall be submitted at the time of application:

(A) To establish that not less than fifty-one per cent of an entity applicant is held by Hawaii legal residents or entities wholly controlled by individuals who have been legal residents for not less than five years immediately preceding the date of application an applying entity shall present the source documents listed in section 11-850-14 (a) (2) (C) for each owner whose shares count toward the fifty-one per cent ownership requirement;

(B) A tax clearance certificate issued by the department of taxation dated not more than thirty days prior to the date of the application;

(C) A certificate of good standing and business registration division number and suffix from the department of commerce and consumer affairs;

(D) Copies of the entity's bank statements for the twelve months prior to the date of application;

(E) A certified copy of the organizing documents of the applying entity;

(F) A copy of the applying entity's bylaws;

(G) To establish that the applying entity has financial resources under its control of not less than $1,000,000 for each license applied for, plus not less than $100,000 for each retail dispensing location allowed under the license applied for, and that the financial resources have been under the control of the applying entity for not less than ninety days prior to the date of application an applying entity shall present the following:

(i) Copies of bank statements; or

(ii) Escrow accounts;

(H) To establish legal name and date of birth for each owner, principal, or member, an applying entity shall submit any of the documents listed in section 11-850-14 (a) (2) (A) and any of the documents listed in section 11-850-14(a)(2)(B); and

(I) To establish proof of no felony convictions for each individual listed in section 11-850-17 (a) (2), an applying entity shall provide the following documentation for each:

(i) Report and validation code from an eCrim report generated by the Hawaii Criminal Justice Data Center not more than 60 days prior to the date of application; and

(ii) Consent to a background check including fingerprinting.

(b) The information and documents shall be submitted in a manner prescribed by the department in the notice of open application, and all of the original documents or certified copies shall be retained on file by the applicant and be subject to physical inspection by the department as part of the application evaluation process.

Notes

Haw. Code R. § 11-850-16

[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-27) (Imp: HRS §§ 329D-3, 329D-4, 329D-6, 329D-7, 329D-12) [Am and comp 2/24/2022] (Auth: HRS § 329D-7) Comp 4/29/2022 Am and comp 11/17/2022 Comp 8/7/2023 Comp 4/5/2024 Comp 12/6/2024