Sec. 35-10. Application.

765 words·~3 min read·/il/chapter-410/act-705/35-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)When applying for a license, the applicant shall electronically submit the following in such form as the Department of Agriculture may direct:

(1)the nonrefundable application fee of $5,000 or, after January 1, 2021, another

amount as set by rule by the Department of Agriculture, to be deposited into the Cannabis Regulation Fund;

(2)the legal name of the infuser;

(3)the proposed physical address of the infuser;

(4)the name, address, social security number, and date of birth of each principal

officer and board member of the infuser; each principal officer and board member shall be at least 21 years of age;

(5)the details of any administrative or judicial proceeding in which any of the

principal officers or board members of the infuser

(i)pled guilty, were convicted, fined, or had a registration or license suspended or revoked, or

(ii)managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;

(6)proposed operating bylaws that include procedures for the oversight of the

infuser, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan approved by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under this Act; a physical inventory of all cannabis shall be performed on a weekly basis by the infuser;

(7)verification from the Illinois State Police that all background checks of the

prospective principal officers, board members, and agents of the infuser organization have been conducted;

(8)a copy of the current local zoning ordinance and verification that the proposed

infuser is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;

(9)proposed employment practices, in which the applicant must demonstrate a plan of

action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;

(10)whether an applicant can demonstrate experience in or business practices that

promote economic empowerment in Disproportionately Impacted Areas;

(11)experience with infusing products with cannabis concentrate;

(12)a description of the enclosed, locked facility where cannabis will be infused,

packaged, or otherwise prepared for distribution to a dispensing organization or other infuser;

(13)processing, inventory, and packaging plans;

(14)a description of the applicant's experience with operating a commercial kitchen or

laboratory preparing products for human consumption;

(15)a list of any academic degrees, certifications, or relevant experience of all

prospective principal officers, board members, and agents of the related business;

(16)the identity of every person having a financial or voting interest of 5% or greater

in the infuser operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;

(17)a plan describing how the infuser will address each of the following:

(i)energy needs, including estimates of monthly electricity and gas usage, to what

extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;

(ii)water needs, including estimated water draw, and if it has or will adopt a

sustainable water use and water conservation policy; and

(iii)waste management, including if it has or will adopt a waste reduction policy;

(18)a recycling plan:

(A)a commitment that any recyclable waste generated by the infuser shall be

recycled per applicable State and local laws, ordinances, and rules; and

(B)a commitment to comply with local waste provisions. An infuser commits to remain

in compliance with applicable State and federal environmental requirements, including, but not limited to, storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and

(19)any other information required by rule.

(b)Applicants must submit all required information, including the information required in Section 35-15, to the Department of Agriculture. Failure by an applicant to submit all required information may result in the application being disqualified.

(c)If the Department of Agriculture receives an application with missing information, the Department of Agriculture may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified.