(2) An application on a form
in accordance with section
3796.10
of the Revised Code. The application shall include:
(a) The name of the
proposed
provisional dispensary
applicant, as reflected in the articles of
incorporation or other documents filed with the secretary of state;
(b) The type of business organization of the
provisional dispensary applicant, such as
individual, corporation, partnership, limited-liability company, association or
cooperative, joint venture or any other business organization;
(c) Confirmation that the
provisional dispensary applicant has registered
with the Ohio secretary of state as the applicable type of business;
(d) A copy of the
provisional dispensary applicant's articles of
incorporation, articles of organization or partnership or joint venture
document of the
provisional dispensary
applicant;
(e) The physical address
where the proposed dispensary will be located
;
and the physical address of any co-owned or
otherwise affiliated medical marijuana entities, including both licensed and
prospective entities;
(f)
The physical address of any co-owned or otherwise
affiliated marijuana entities, including both licensed and prospective
entities, including cultivators, processors, testing labs, dispensaries, or
applicants for any other such license or certificate;
(f)(g)
The mailing address of the
provisional dispensary
applicant;
(g)(h) The telephone
number of the
provisional dispensary
applicant;
(h)(i) The electronic mail
address of the
provisional dispensary applicant;
(i) The proposed hours of operation
during which the prospective dispensary plans to be available to dispense
medical marijuana to patients who hold valid registry identification cards or
to the designated caregivers of such patients;
(j) Proof establishing that the
provisional dispensary applicant owns or controls
through a leasehold interest in all real property where marijuana will be
dispensed, or a signed, notarized statement from the owner of such real
property that the owner will grant a leasehold interest to the applicant if a
provisional
dispensary license is issued
to the applicant;
(k) A
professionally
prepared survey
location area map of
the area surrounding the prospective dispensary that establishes the facility
is at least five hundred feet from the boundaries of a parcel of real estate
having situated on it:
(i) A prohibited
facility, pursuant to section
3796.30
of the Revised Code; or
(ii)
A community addiction services provider as defined
under section 5119.01 of the Revised Code.
An
opioid treatment program as defined in rule
4729:5-21-01
of the Administrative Code.
(l)
Notwithstanding
rule
3796:5-5-01
of the Administrative Code, five hundred feet will be measured using the
shortest distance between the closest point of the external boundaries of a
parcel of real estate having situated on it any facility described in paragraph
(B)(2)(k) of this rule and the external boundaries of the parcel on which the
prospective dispensary would be situated.
(l)(m) Evidence that the
provisional dispensary applicant is in compliance
with
any
all
local ordinances, rules, or regulations adopted by the locality
in which
where
the
provisional dispensary applicant's property
is located, which are in effect at the time of the application, including
copies of any required local registration, license, or
permit of the locality where the provisional dispensary applicant's property is
located.
:
(i) Copies of any required local
registration, license or permit of the locality in which the applicant's
property is located;
(ii) If a local government in which
a proposed dispensary will be located has not enacted zoning restrictions or
the applicant is not required to secure approval that the applicant is in
compliance with any such restrictions, a professionally prepared survey which
demonstrates that the applicant has satisfied all the requirements of division
(A) of section 3796.30 of the Revised Code.
(m)(n)
the
notarized signature of
a
an
authorized natural person
for
on behalf of the
proposed
medical marijuana establishment
provisional
dispensary applicant as described in rule
3796:6-2-03
of the Administrative Code, attesting that the information provided to the
board in the application for a
provisional
dispensary license is true and correct at the time of signing.
(4)
Financial statements demonstrating the provisional
dispensary applicant has adequate liquid assets to cover all expenses and costs
identified in paragraphs (B)(8) and (B)(9) of this rule, but no less than two
hundred fifty thousand dollars, whichever is higher, for each license the
provisional dispensary applicant is willing to accept.
A
financial plan which includes:
(a)
Such liquid assets shall be unencumbered and capable of
being converted to cash within thirty days after a request to liquidate such
assets. To demonstrate liquidity, the application shall include the
following:
(i)
Account statements dated no earlier than thirty days prior
to the date the application was submitted, from an institution in this state,
or any other state in the United States, United States territory, or the
District of Columbia.
(ii)
If the applicant is relying on money from an owner,
officer, or board member, evidence that the person has unconditionally
committed such money to the use of the provisional dispensary applicant in the
event that a dispensary license is awarded to the applicant.
(b)
The
use of funds from sources not disclosed in the application is prohibited unless
the applicant obtains approval from the board.
(a) Financial statements showing the
resources of the applicant;
(b) If the applicant is relying on
money from an owner, officer or board member, evidence that the person has
unconditionally committed such money to the use of the applicant in the event
that a dispensary license is awarded to the applicant;
(c) Documentation from an
institution in this state, or any other state in the United States or the
District of Columbia, which demonstrates:
(i) That the applicant has adequate
liquid assets to cover all expenses and costs of the first year of operation
for all licenses the applicant is willing to accept, but no less than two
hundred fifty thousand dollars, as indicated under the dispensary's current
business plan. Such liquid assets shall be unencumbered and capable of being
converted within thirty days after a request to liquidate such assets;
and
(ii) The source of those
assets.
(5)
a
The description of the proposed organizational
structure of the
proposed
provisional dispensary
applicant, including
,
without limitation
both of the following:
(a) An organizational chart showing all
owners, officers, and board members of the
proposed
provisional
dispensary
applicant, irrespective of ownership
interest;
and
(b) A list of all owners, officers and board
members of the
proposed
provisional dispensary
applicant that contains the following information for
each person:
(i) The
current title of that person;
(ii)
A short
description of the
The role the person
will serve in
for the provisional dispensary applicant,
if different from the person's current title
for the organization and person's
responsibilities;
(iii)
Whether the person has served or is currently serving as an owner, officer or
board member for another medical marijuana
entity;
(iv) Whether the person has
previously had a dispensary employee license revoked, disciplined or the
equivalent thereof, in this state or any other jurisdiction;
(v) Whether a
medical marijuana entity with which the owner,
officer
, or board member is or was previously
associated has had a license revoked, disciplined or the equivalent thereof, in
this state or any other jurisdiction;
(vi) The ownership interest that person has
in the
prospective
provisional dispensary
applicant; and
(vii) Whether the person has an ownership
interest or financial interest in any other medical marijuana entity.
(6)
For
each
Each owner, officer and board member
of the
proposed
provisional dispensary
applicant must submit to a criminal records check in
accordance with rule
3796:6-2-07
of the Administrative Code.
:
(a) An attestation signed,
notarized, and dated by the owner, officer or board member that he or she has
not been convicted of a disqualifying offense and that the information provided
to support the application to operate a dispensary is true and
correct;
(b) If an individual has been
convicted of any offense in any record of arrest or charges pending or have a
conviction of a felony or misdemeanor other than a traffic violation in any
jurisdiction
(c) Submit to a criminal records
check as prescribed in rule
3796:6-2-07
of the Administrative Code;
(d) A narrative description, not to
exceed one thousand five hundred words, demonstrating:
(i) Any previous experience at
operating other businesses or nonprofit organizations; and
(ii) Any demonstrated knowledge or
expertise with respect to the medical use of marijuana to treat qualifying
conditions.
(10)
Any other documentation required by the board to
determine the provisional dispensary applicant's suitability for licensure or
to protect public health and safety.
(8) The plan of the proposed
dispensary for the care, quality, and safekeeping of medical marijuana from
delivery to sale, including, without limitation, procedures to ensure adequate
security measures, building security and product security. Such plan shall
include the dispensary's intended plan to detect and deter theft, diversion, or
loss.
(9) A plan for the business which
includes, without limitation, a description of the inventory control plans for
the proposed dispensary.
(10) Evidence that the applicant has
a plan to staff, educate, and manage the proposed dispensary on a daily basis,
which must include, without limitation:
(a) A detailed budget for the
proposed dispensary, including pre-opening, construction and first year
operating expenses;
(b) An operations manual that
demonstrates compliance with Chapter 3796. of the Revised Code and this
division;
(c) Intended wage rates and benefits
packages for all employees;
(d) An education plan which must
include, without limitation, providing training materials to the staff of the
proposed dispensary; and
(e) Efforts to minimize the
environmental impact of the dispensary.
(11) A proposal demonstrating how
the prospective dispensary will meet the needs of patients and
caregivers.
(12) A detailed description of any
other services or products to be offered by the proposed
dispensary;
(13) Documents related to any
program to assist veterans or the indigent in obtaining medical marijuana that
the proposed dispensary intends to offer; and
(14) Such other documents and
information reasonably required by the board to determine the applicant's
suitability for licensure or to protect public health and
safety.
