Ill. Admin. Code tit. 8 § 1000.120

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1000.120 - Permit Issuance; Transferability

a) A cultivation center permit shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the permit and the location for which it is issued.

1) A cultivation center permit is not transferable to a new location without Department approval.

2) In the event that the Department approves the new location as meeting all requirements of the Act and this Part, the cultivation center shall have a brief transition period of no more than 90 days, approved by the Department, to transfer its inventory and begin operations at the new location.

A) The transition period shall not begin until the new location is ready to begin production.

B) No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.

C) Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Section 1000.460.

D) The cultivation center shall notify the Department in writing or by electronic transmission once the transfer of inventory is complete and production has begun at the new location.

3) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department shall issue a permit modification reflecting the new location. The modified permit shall have the same expiration date as the previously issued permit.

b) A cultivation center permit shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:

1) A cultivation center permit may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased permittee if the permit was issued in the names of both of the parties.

2) A cultivation center permit may be transferred, without charge, to an heir of a deceased permittee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975 [755 ILCS 5 ]. For the purpose of considering the qualifications of the heir to receive a cultivation center permit, the Department shall require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

c) The proposed sale of any outstanding or issued stock of a corporation permitted under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee (see Section 1000.140 ) will be charged for the processing of the change of stock ownership or corporate officers or board members.

d) The proposed change of any person or principal officer of any permittee must be reported to the Department and Department approval must be obtained before the changes are made. A fee (see Section 1000.140) will be charged for the processing of any such change.

e) A cultivation center permit shall not be leased or subcontracted, in whole or in part.

Ill. Admin. Code tit. 8, § 1000.120

Adopted at 38 Ill. Reg. 16731, effective 7/25/2014.