35 Miss. Code. R. 11-2-101
An application must include the following:
1. The names and other required information
for all individuals and legal entities who are applicants.
2. Any forms required by the Department and
any information identified in the forms that is required to be
submitted.
3. A map or sketch of
the premises proposed for licensure, including the defined boundaries of the
premises and a scaled floorplan sketch of all enclosed areas with clear
identification of the main entrance, walls, all areas of ingress and egress,
and all limited access areas. This map must provide accurate measurements that
allow the Department, at a minimum, to determine the precise main entrance
location in reference to the rest of the premises.
4. If the application is based on proposed
construction not completed at the time of application, the applicant must
submit construction plans for the proposed building which will be the basis for
the application investigation. These plans must, at a minimum, provide accurate
measurements that allow the Department to determine the precise main entrance
location in reference to the rest of the building.
5. If construction (as referenced in
Paragraph 4 above) is still underway at the time of application, information
and statements provided in the application shall become conditions of the
license if the application is granted, and failure to satisfy the conditions
may be cause for revocation or denial of renewal. Licensees cannot deviate from
submitted construction plans if the deviation would have disqualified the
licensee at the time of application.
6. An operating plan that demonstrates at a
minimum how the applicant's proposed premises and business will comply with
applicable laws and rules regarding:
a.
Security;
b. Employee
qualifications, including background checks, and training;
c. Record-keeping systems;
d. Hours of operation;
e. Preventing non-cardholders under the age
of twenty-one (21) from entering the licensed premises; and
f. Preventing non-cardholders from obtaining
or attempting to obtain any items, other than topical products, sold by the
dispensary.
7. If the
municipality or county where the proposed dispensary will be located has
enacted zoning restrictions, a sworn attestation by the applicant that
certifies the proposed dispensary is in compliance with the
restrictions.
8. If the
municipality or county where the proposed dispensary will be located requires a
local registration, license, or permit, then the applicant must attach to the
application a copy of each obtained registration, license, or permit issued to
the applicant. If a municipality or county informs the applicant that it will
not receive a permit or license until after it completes construction (based on
what the municipality or city deems to be "completed construction), then the
applicant shall attach a signed attestation containing the following
information in addition to attaching the obtained registrations, licenses or
permits, if any:
a. A list of all local
registrations, licenses, or permits that have not yet been obtained;
b. Anticipated dates that the applicant will
obtain each local registration, license, or permit; and
c. An acknowledgment that the applicant is
aware that the outstanding registrations, licenses, or permits are a condition
of the medical cannabis dispensary license, and that the applicant will provide
the Department with a copy of each registration, license, and permit within ten
(10) days of such receipt. The Department must receive a copy of all such
applicable registrations, licenses, and permits prior to the dispensary being
eligible to open for business.
9. Applicants shall provide proof of
authorization to occupy the property for the proposed dispensary. To establish
proof, the applicant shall provide one of the following:
a. If the building is owned by the applicant,
the applicant shall provide a copy of the deed showing the applicant as the
owner.
b. If the building is leased
by the applicant, the applicant shall provide a copy of the lease. At a
minimum, the lease term must be through the term of the license.
c. If the building is not owned or leased by
the applicant but will be if a license is issued, the applicant shall provide a
contingent agreement with the owner or landlord certifying consent that the
applicant has the option to lease or purchase the property contingent upon the
issuance of a dispensary license.
10. Applicants must have a valid Sales Tax
Permit for the proposed location.
11. Applicants must not owe delinquent
taxes.
12. A survey completed in
the last year by a professional land surveyor holding a current license in the
State of Mississippi is sufficient to show that there is no property boundary
line of any church, school, or childcare center within a one thousand (1,000)
foot radius of the main entryway of the proposed location. If the survey shows
that the nearest property boundary line is within one thousand (1,000) feet but
over five hundred (500) feet away, the applicant must include approval of a
waiver from the church, school, or childcare center.
Notes
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No prior version found.