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§ 40128. Annual License Application Requirements.

17 CA ADC § 40128BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 1. State Department of Health Services
Chapter 13. Manufactured Cannabis Safety
Subchapter 2. Manufacturing Licenses
Article 1. Applications for Licensure (Refs & Annos)
17 CCR § 40128
§ 40128. Annual License Application Requirements.
(a) To apply for a manufacturer license from the Department, the applicant shall submit the following on behalf of the commercial cannabis business:
(1) A completed application form as prescribed by the Department, or through MCLS, which includes all of the following information:
(A) Business information as specified in Section 40129;
(B) Owner information as specified in Section 40130; and
(C) Manufacturing premises and operations information as specified in Section 40131;
(2) For new applications, the nonrefundable application fee as specified in Section 40150(a). The annual license fee shall be paid upon approval of the application, as prescribed in Section 40155. For license renewal applications, the nonrefundable annual license fee as specified in Section 40150(b) shall be submitted with the license renewal application. The application fee described in Section 40150(a) is not required for license renewal applications;
(3) Evidence of compliance with or exemption from the California Environmental Quality Act (CEQA) as specified in Section 40132; and
(4) The limited waiver of sovereign immunity as specified in Section 40133, if applicable.
(b) The application shall be signed by the applicant under penalty of perjury that the information provided in and submitted with the application is complete, true, and accurate, and shall include the following attestations:
(1) The applicant is authorized to act on behalf of the commercial cannabis business;
(2) The applicant entity, when it has 20 or more employees, has entered, or will enter as soon as reasonably practicable, into a labor peace agreement and will abide by the terms of the agreement as required by section 26051.5 (a)(5)(A) of the Act. The applicant shall provide the Department a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant;
(3) The commercial cannabis business is operating in compliance with all local ordinances;
(4) The proposed premises is not within a 600-foot radius of the perimeter of a school providing instruction in kindergarten or any grades 1 through 12, or a day care center, or youth center, or that the premises complies with the local ordinance specifying a different radius, as specified in section 26054(b) of the Act; and
(5) For an applicant entity with more than one employee, the applicant employs, or will employ within one year of receiving a license, one supervisor and one employee who have successfully completed a Cal/OSHA 30-hour general industry outreach course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course.
(c) The Department may request additional information and documents from the applicant as necessary to determine whether the applicant or the commercial cannabis business meets the requirements and qualifications for licensure.
Note: Authority cited: Sections 26012, 26013 and 26130, Business and Professions Code. Reference: Sections 26050, 26051.5 and 26054, Business and Professions Code.
HISTORY
1. New section filed 12-7-2017 as a deemed emergency pursuant to Business and Professions Code section 26013(b)(3); operative 12-7-2017 (Register 2017, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-4-2018 as an emergency, including amendment of section; operative 6-6-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 23). Pursuant to Business and Professions Code section 26013(b)(3), this is a deemed emergency and the emergency regulations remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 12-3-2018 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-4-2018 order, including amendment of section, transmitted to OAL 12-3-2018 and filed 1-16-2019; amendments operative 1-16-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 3).
This database is current through 6/19/20 Register 2020, No. 25
17 CCR § 40128, 17 CA ADC § 40128
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