Section 15027 - Modification of Premises or Operations(a) A licensee shall not, without the prior written approval of the Department, make a physical change, alteration, or modification of the licensed premises that materially or substantially alters the licensed premises or the use of the licensed premises from the premises diagram originally filed with the license application. A licensee whose licensed premises is to be materially or substantially changed, modified, or altered is responsible for filing a request for premises modification with the Department.(b) Material or substantial changes, alterations, or modifications to a licensed cultivation premises requiring prior approval from the Department are: (1) Modification to any area described in the licensee's cultivation plan including, but not limited to, the removal, creation, or relocation of canopy, processing, packaging, composting, harvest storage, and storage areas for pesticides and other chemicals.(2) Change in water or power source(s).(3) Any increase or decrease in the total physical size or capacity of the licensed premises.(4) Any physical change that would require a building permit, zoning change, or other approval from the applicable local jurisdiction.(c) Material or substantial changes, alterations, or modifications to a licensed manufacturing premises that require prior approval from the Department are: (1) The addition of any ethanol, carbon dioxide, or volatile extraction method or extraction unit.(2) Any increase or decrease in the total physical size or capacity of the licensed premises.(3) Any physical change that would require the installation of additional video surveillance cameras or a change in the video surveillance system to meet the requirements of section 15044, or alarm system to meet the requirements of section 15047.(4) Any physical change that would require a building permit, zoning change, or other approval from the applicable local jurisdiction.(d) Material or substantial changes, alterations, or modifications to a licensed microbusiness premises that require prior approval from the Department are: (1) The addition of a commercial cannabis activity pursuant to section 15500(h).(2) Any material or substantial changes, alterations, or modifications listed in subsections (b), (c), or (e), as applicable to the licensed microbusiness' commercial cannabis activities.(e) Material or substantial changes, alterations, or modifications to a licensed distribution, retail, or testing laboratory premises that require prior approval from the Department include, but are not limited to: (1) Any increase or decrease in the total physical size or capacity of the licensed premises.(2) Any physical change that would require the installation of additional video surveillance cameras or a change in the video surveillance system to meet the requirements of section 15044, or alarm system to meet the requirements of section 15047.(3) Any physical change that would require a building permit, zoning change, or other approval from the applicable local jurisdiction.(f) Licensees shall request approval of a physical change, alteration, or modification through the online licensing system or in writing, by submitting the Licensee Notification and Request Form, Notifications and Requests to Modify a License, DCC-LIC-027 (Amended 2/22), which is incorporated herein by reference, and the request shall include: (1) A new premises diagram that conforms to requirements in section 15006; and(2) A fee pursuant to section 15014 for all licensees except licensed cultivators.(g) A licensee shall provide additional documentation requested by the Department to evaluate the licensee's request to modify the licensed premises.(h) Licensees shall notify the Department of all changes, alterations, or modifications to a licensed premises or the licensee's operations that do not require prior approval pursuant to subsections (b), (c), (d), and (e) through the online licensing system or by submitting the Licensee Notification and Request Form, Notifications and Request to Modify a License, DCC-LIC-027 (Amended 2/22), which is incorporated herein by reference, and a new premises diagram that conforms to requirements in section 15006. Notifications pursuant to this subsection shall be submitted to the Department no later than three (3) business days after the changes, alterations, or modifications have been made to the licensed premises.Cal. Code Regs. Tit. 4, § 15027
1. Change without regulatory effect renumbering and amending former title 16, section 5027 to new title 4, section 15027 filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). For prior history of title 16, division 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order, including amendment of section heading and section, transmitted to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45) Note: Authority cited: Section 26013, Business and Professions Code. Reference: Sections 26012 and 26055, Business and Professions Code.
1. Change without regulatory effect renumbering and amending former title 16, section 5027 to new title 4, section 15027 filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). For prior history of title 16, division 42, see Register 2019, No. 3.
2. Amendment filed 9-27-2021 as an emergency; operative 9/27/2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 3-28-2022 as an emergency; operative 3/28/2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order, including amendment of section heading and section, transmitted to OAL 9-26-2022 and filed 11/7/2022 (Register 2022, No. 45)