Current through Public Act 103-1052
Section 410 ILCS 705/35-15 - Issuing licenses(a) The Department of Agriculture shall by rule develop a system to score infuser applications to administratively rank applications based on the clarity, organization, and quality of the applicant's responses to required information. Applicants shall be awarded points based on the following categories: (1) Suitability of the proposed facility;(2) Suitability of the employee training plan;(3) Security and recordkeeping plan;(5) Product safety and labeling plan;(7) The applicant's status as a Social Equity Applicant, which shall constitute no less than 20% of total available points;(8) Labor and employment practices, which shall constitute no less than 2% of total available points;(9) Environmental plan as described in paragraphs (17) and (18) of subsection (a) of Section 35-10;(10) The applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records or 2 of the following: (A) a signed lease agreement that includes the applicant's name;(B) a property deed that includes the applicant's name;(D) a voter registration card;(E) an Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card;(H) any other proof of residency or other information necessary to establish residence as provided by rule;(11) The applicant is 51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code; (12) a diversity plan that includes a narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity; and(13) Any other criteria the Department of Agriculture may set by rule for points.(b) The Department may also award up to 2 bonus points for the applicant's plan to engage with the community. The applicant may demonstrate a desire to engage with its community by participating in one or more of, but not limited to, the following actions: (i) establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; (ii) providing financial assistance to substance abuse treatment centers; (iii) educating children and teens about the potential harms of cannabis use; or (iv) other measures demonstrating a commitment to the applicant's community. Bonus points will only be awarded if the Department receives applications that receive an equal score .(c) Should the applicant be awarded an infuser license, the information and plans that an applicant provided in its application, including any plans submitted for the acquiring of bonus points, becomes a mandatory condition of the permit. Any variation from or failure to perform such plans may result in discipline, including the revocation or nonrenewal of a license.(d) Should the applicant be awarded an infuser organization license, it shall pay a fee of $5,000 prior to receiving the license, to be deposited into the Cannabis Regulation Fund. The Department of Agriculture may by rule adjust the fee in this Section after January 1, 2021.Amended by P.A. 101-0593,§ 25, eff. 12/4/2019.Added by P.A. 101-0027,§ 35-15, eff. 6/25/2019.