18-691-20 Me. Code R. § 9

Current through 2024-51, December 18, 2024
Section 691-20-9 - Specified Event Permits for Retail Sales Outside the Licensed Premises of a Licensed Cannabis Store
(1)Specified Event Permit and Individual Identification Cards Required.
(A) A specified event permit issued by the Department is required by any cannabis store licensee that conducts sales of adult use cannabis or cannabis products at a fixed location outside the licensee's licensed premises at a specified event.
(B) Any individual conducting sales of adult use cannabis or cannabis products on behalf of a cannabis store licensee at a specified event; and any individual engaged in the transfer or transportation of adult use cannabis or cannabis products at, to, or from the specified event; and any individual with access to the limited access areas of the permitted premises for a specified event shall possess and display a valid individual identification card at all times.
(2)Application for a Specified Event Permit. A cannabis store licensee that intends to conduct off-premises sales to consumers of cannabis or cannabis products at a specified event must first obtain from the Department a permit to conduct sales at the specified event during a particular period. Nothing in this rule shall be construed to require the organizer of a specified event, any private property owner where the specified event will occur, or the municipality where the specified event will occur, to permit the sale of adult use cannabis or cannabis products. Nothing in this rule shall be construed to prohibit a municipality from restricting the sale of certain adult use cannabis or cannabis products at a specified event.
(A) Prior to submitting to the Department an application for a specified event permit, a cannabis store licensee shall obtain, on forms provided by the Department, as applicable:
(1) Written authorization from the owner of any private property where the specified event will occur; and
(2) Written authorization from the municipality where the specified event will occur. A licensee must submit a request for authorization from a municipality not less than 45 days prior to the first day the licensee intends to conduct retail sales to adult use consumers at a specified event.
(B) A cannabis store licensee that intends to conduct off-premises sales to consumers of cannabis or cannabis products at a specified event shall submit a complete permit application to the Department not less than 30 days prior to the first day the licensee intends to conduct retail sales to adult use consumers at a specified event. A complete application, on forms provided by the Department, shall include, as applicable:
(1) Proof of municipal authorization to conduct off-premises sales at the specified event;
(2) The location and description of the specified event including:
(a) The date(s) and time(s) of the event;
(b) The date(s) and time(s) the licensee intends to sell adult use cannabis and cannabis products at the specified event; and
(c) The name and description of the organization sponsoring the event.
(3) Written authorization from the owner of any private property where the specified event will occur, if applicable;
(4) A description of the adult use cannabis and cannabis products the licensee intends to sell at the specified event;
(5) The number of employees that will be required to work at the specified event;
(6) A diagram and description of the permitted premises for the specified event including a diagram of the specified event that indicates where the permitted premises will be located and an indication of any areas at the specified event that will be designated for attractions or activities primarily for the benefit of minors;
(7) A diagram and description of the security measures the cannabis store intends to implement on the permitted premises to prevent unauthorized access to adult use cannabis and cannabis products, including measures to prevent unauthorized access to the permitted premises by minors and plans for securing cannabis inventory during the specified event; and
(8) A nonrefundable $200 permit application fee.
(3)Permit Application Review, Issuance or Denial of a Specified Event Permit and Changes to Application Materials.
(A) Within 14 calendar days of receipt of a complete permit application, the Department shall review the application materials and either:
(1) Issue a specified event permit to the licensee that shall be effective for the dates provided in the licensee's application; or
(2) Deny the issuance of a specified event permit to the licensee.
(B) The Department may deny an application for a specified event permit for good cause as defined in 28-B M.R.S. §206(2).
(C) An applicant that makes changes to any information included in the permit application shall submit an application for an updated permit and shall not make any such changes until the application for an updated permit is approved in writing by the Department.
(4)Appeals. An applicant may appeal an application denial pursuant to the Maine Administrative Procedure Act, 5 MRS, chapter 375.

18-691 C.M.R. ch. 20, § 9