Current through Register 2023 Notice Reg. No. 44, November 3, 2023
Section 15024 - Death, Incapacity, or Insolvency of a Licensee(a) In the event of the death, incapacity, receivership, assignment for the benefit of creditors or other event rendering one or more owners incapable of performing the duties associated with the license, the owner or owners' successor in interest (e.g., appointed guardian, executor, administrator, receiver, trustee, or assignee) shall notify the Department in writing, within 14 calendar days, 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.(b) To continue operations or surrender the existing license, the successor in interest shall submit to the Department the following:(1) The name of the successor in interest;(2) The name of the owner(s) for which the successor in interest is succeeding and the license number;(3) The phone number, mailing address, and email address of the successor in interest; and(4) Documentation demonstrating that the owner(s) is incapable of performing the duties associated with the license such as a death certificate or a court order, and documentation demonstrating that the person making the request is the owner or owners' successor in interest such as a court order appointing guardianship, receivership, or a will or trust agreement.(c) The Department may give the successor in interest written approval to continue operations on the licensed business premises for a period of time specified by the Department: (1) If the successor in interest or another person has applied for a license from the Department for the licensed premises and that application is under review;(2) If the successor in interest needs additional time to destroy or sell cannabis or cannabis products; or(3) At the discretion of the Department.(d) The successor in interest is held subject to all terms and conditions under which a state cannabis license is held pursuant to the Act.(e) The approval creates no vested right to the issuance of a state cannabis license.
Cal. Code Regs. Tit. 4, § 15024
Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26012, Business and Professions Code.1. Change without regulatory effect renumbering and amending former title 16, section 5024 to new title 4, section 15024 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 of subsections (a), (b) and (c)(2) 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 of subsections (a), (b) and (c)(2) 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 subsection (a), transmitted to OAL 9-26-2022 and filed 11/7/2022; amendments effective 11/7/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 45).