218B.090 Cabinet action on business license application -- Denial -- Procedures
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/ky/218b-090A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
upon approval -- Administrative hearing and judicial review -- Licensed
cannabis business subject to local government regulation.
(1)The cabinet shall:
(a)Acknowledge receipt of an application for a cannabis business license within
fifteen
(15)days of receipt;
(b)Provide notification to the cannabis business license applicant as to whether
the application for a cannabis business license has been approved or denied
within forty-five
(45)days of receiving a completed application; and
(c)When reviewing and considering cannabis business applications, prioritize the
review of applications submitted by an individual or entity who is an existing
Kentucky hemp business in good standing with the Kentucky Department of
Agriculture, if they meet the application requirements set forth in this chapter
and administrative regulations promulgated by the cabinet thereunder.
(2)The cabinet may deny an application for a cannabis business license for any reason
that the cabinet, in the exercise of sound discretion, deems sufficient, including but
not limited to:
(a)The applicant failed to submit the materials required by KRS 218B.085,
including if the applicant's plans do not satisfy the security, oversight, or
recordkeeping administrative regulations promulgated by the cabinet;
(b)The applicant falsifies information on the licensure application;
(c)The applicant would not be in compliance with local cannabis business
prohibitions enacted pursuant to KRS 218B.130;
(d)One
(1)or more of the prospective principal officers or board members:
1. Has been convicted of a disqualifying felony offense, the provisions of
KRS 335B.020 and 335B.030 notwithstanding;
2. Has served as a principal officer or board member for a cannabis
business that has had its license revoked;
3. Is younger than twenty-one
(21)years of age; or
4. Is a medicinal cannabis practitioner; or
(e)1. For a safety compliance facility, one
(1)or more of the prospective
principal officers or board members is a principal officer or board
member of a cultivator, processor, producer, or dispensary licensed to
operate in Kentucky.
2. For a cultivator, processor, producer, or dispensary, one
(1)or more of
the prospective principal officers or board members is a principal officer
or board member of a safety compliance facility licensed to operate in
Kentucky.
(3)If a cannabis business license application is approved:
(a)The cannabis business shall, before it begins operations, submit its complete
physical address and the global positioning system coordinates for any
cultivation activities if a physical address or the global positioning system
coordinates for any cultivation activities had not been finalized when it
applied; and
(b)The cabinet shall:
1. Issue a copy of the license that includes the business's identification
number to the approved cannabis business;
2. Provide a licensed dispensary with contact and access information for
the electronic monitoring system established pursuant to KRS
218A.202; and
3. Provide notice of licensure approval and issuance to the city and county
in which the cannabis business intends to operate.
(4)If a cannabis business license application is denied, the cabinet shall notify the
applicant in writing of a license denial and reasons by registered or certified mail at
the address given in the application or supplement. The applicant may, within thirty
(30)days after the mailing of the cabinet's notice, file a written request for an
administrative hearing on the application. The hearing shall be conducted on the
application in compliance with the requirements of KRS Chapter 13B. Final orders
of the cabinet after administrative hearings shall be subject to judicial review as
provided in KRS 13B.140. Jurisdiction and venue for judicial review are vested in
the Circuit Court of the county in which the applicant's business would be located.
(5)Notwithstanding any provision of law to the contrary, a cannabis business licensed
by the cabinet pursuant to this chapter shall be subject to and required to comply
with:
(a)Any subsequent action that may be taken pursuant to KRS 218B.130(2)(a) by
the local government within whose territory the cannabis business is licensed
to operate if such action is taken prior to January 1, 2025, including but not
limited to the prohibition of cannabis business operations within the territory
of the local government; and
(b)Any local zoning ordinances and regulations that may be adopted pursuant to
KRS 218B.130(2)(b) by the local government within whose territory the
cannabis business is licensed to operate.