935 CMR, § 500.450 - Marijuana Establishment License: Grounds for Suspension, Revocation and Denial of Renewal Applications
Each of the following, in and of itself, constitutes full and
adequate grounds for suspending or revoking a
(1) The Marijuana Establishment is not
operational within the time projected in the License application or the time
otherwise approved by the Commission .
(2) Information provided by the Marijuana
Establishment was deceptive, misleading, false or fraudulent, or that tends to
deceive or create a misleading impression, whether directly, or by omission or
ambiguity, including lack of disclosure or insufficient disclosure.
(3) The Marijuana Establishment has failed to
comply with any requirement of St. 2016, c. 334, as amended by St. 2017, c. 55,
M.G.L. c. 94G, or
935 CMR
500.000, or any applicable law or regulation
including, but not limited to, the laws and regulations of the Commonwealth
relating to taxes, child support, workers' compensation, and professional and
commercial insurance coverage.
(4)
The Marijuana Establishment has failed to submit a plan of correction as
required or to implement the plan as submitted pursuant to
935
CMR 500.320.
(5) The Marijuana Establishment has assigned
or attempted to change ownership or assign its License to another entity
without prior approval of the Commission under
935
CMR 500.104.
(6) The Licensee failed to comply with the
control limitations listed in
935
CMR 500.050(1)(b) or would
likely fail to comply with such limitations if a renewal License were
granted.
(7) There has been a lack
of responsible operation of the Marijuana Establishment, as shown by, but not
limited to, one or more of the following:
(a)
Failure to maintain the Marijuana Establishment in a clean, orderly, and
sanitary fashion;
(b) Permitting a
Marijuana Establishment Agent to use a Registration Card belonging to a
different person ;
(c) Failure to
make substantial progress toward the Marijuana Establishment's submitted
diversity plan or positive impact plan;
(d) Repeated sales of Marijuana Products to
individuals younger than 21 years old, unless, in each instance, the Marijuana
Establishment Agent reasonably relied on validly issued government-issued
identification card in compliance with M.G.L. c. 94G, § 9(b);
(e) Repeated failure to verify the age of an
individual prior to permitting that individual on the Premises of a Marijuana
Establishment or making sales of Marijuana Products to that individual;
or
(f) Other incompetent or
negligent operation.
(8)
The financial management of the Marijuana Establishment has resulted in the
filing of a petition for a Court Appointee related to the financial solvency of
the Marijuana Establishment.
(10) A person on a
Marijuana Establishment License has maintained a substandard level of
compliance with the statutory and regulatory requirements for the operation of
a Marijuana Establishment in an Other Jurisdiction including, but not limited
to: a failure to correct deficiencies, a limitation on, or a suspension,
revocation or refusal to grant or renew a registration or License to
operate.
(11) The conduct or
practices of the Marijuana Establishment demonstrate a lack of suitability as
specified in
935
CMR 500.800 and
500.801.
(12) An individual or entity on a Marijuana
Establishment License or Marijuana Establishment Agent has a history of
criminal conduct as evidenced by any criminal proceedings that resulted in
conviction, guilty plea, plea of nolo contendere, or admission
to sufficient facts in the Commonwealth or Other Jurisdictions.
(13) An individual or entity listed on a
Marijuana Establishment License has committed, permitted, aided or abetted, or
conspired to commit any illegal practice(s) in the operation of any Marijuana
Establishment including, but not limited to, engaging in the diversion of
Marijuana or Marijuana Products .
(14) The Marijuana Establishment has failed
to cooperate or give information to a law enforcement official acting within
his or her lawful jurisdiction related to any matter arising out of conduct at
any Marijuana Establishment.
(15)
The conduct or practices of the Marijuana Establishment have been detrimental
to the safety, health, or welfare of the public.
(16) The conduct or practices of the
Marijuana Establishment violate
935
CMR 500.145(1)(g)(3) or
500.146(12).
(17) Any other ground that serves the
purposes of St. 2016, c. 334, as amended by St. 2017, c. 55, or
935 CMR
500.000.
Notes
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No prior version found.