Section 691-20-11 - Application for Relocation of Licensed PremisesA licensee shall request approval from the Department of any relocation of any cannabis establishment for which local authorization is required, even if the move is entirely within a premise in the control of the licensee. This includes without limitation, as applicable: expansion, movement of a greenhouse or changes to co-location of multiple establishment types. Nothing in this section shall be interpreted to require prior approval of the relocation of an establishment not requiring local authorization, including a sample collector.
(1)Conditional Relocation of Licensed Premises Approval.(A) Before seeking local authorization, the licensee must inform the Department, in writing, of its application for relocation of licensed premises.(1) All licensees must submit an updated facility plan and proof of compliance with all applicable permitting requirements.(2) All cultivation facilities must submit a revised cultivation plan.(B) The Department shall, within 30 days, issue a decision, in writing, on the application for relocation of licensed premises. (1) The Department may deny an application for relocation of the licensed premises if the licensee has not submitted updated plans of record;(2) The Department may deny an application for relocation of the licensed premises if the licensee has not paid any fine or fee required by the Department; and(3) The Department may deny an application for relocation of the licensed premises during the pendency of an investigation of the licensee by the Department.(C) All licensees must then obtain, as applicable, local authorization.(D) The relevant authority must submit a local authorization form to the Department.(2)Updated License.(A) Within 10 days of receiving authorization on the local authorization form, the Department shall notify the licensee and issue an updated license with the new address. The license shall have the same expiration date as the one it replaces.(B) A cannabis establishment may operate at the new location only after receiving the updated license from the Department.(C) After receiving the updated license, the cannabis establishment may conduct activity concurrently at both locations, subject to the following limitations: (1) The licensee shall provide the Department with timeline of planned relocation not to exceed 90 days;(2) From the moment the licensee transfers any cannabis or cannabis products in any form to the new location, the licensee has no more than 90 days to cease all activities at the old location. During the period of transfer, the licensee may not begin any new operations in the old location;(3) From the moment the licensee sells or otherwise transfers cannabis or cannabis products in any form to the new location, the licensee may no longer sell or transfer cannabis or cannabis products in any form at the old location, except to transfer the cannabis or cannabis products to the new location;(4) The licensee shall notify the Department in writing when it has ceased operations at the old location; and(5) During the period of transfer, limits of the number of plants or size of the plant canopy shall be calculated by combining the total amount of plants at both the old and new location.(3)Relocation with Any Change in Ownership Interests. When a licensee proposes both a relocation and any change in ownership interests that results in any new person obtaining an ownership interest in the license of 5% or more, or an existing person increasing their ownership interest in the license to 5% or more, the licensee shall be required to fulfill all requirements of an application for a new license, and the Department shall evaluate the application de novo.(4)Denial. The Department may deny an application for relocation of licensed premises for failure to comply with this section. The Department shall notify the applicant in writing of the denial and the good cause basis for the denial. An applicant may appeal an application denial to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.18-691 C.M.R. ch. 20, § 11