935 Mass. Reg. 500.102

Current through Register 1518, March 29, 2024

Section 500.102 - Action on Applications

(1)Action on Each Application. The Commission shall grant licenses with the goal of ensuring that the needs of the Commonwealth are met regarding access, quality, and community safety.

(a) License applications shall be evaluated based on the applicant's:

1. Demonstrated compliance with the laws and regulations of the Commonwealth;

2. Suitability for licensure based on the provisions of 935 CMR 500.101(1), 500.800 and 500.801; and

3. Evaluation of the thoroughness of the applicant's responses to the required criteria. The Commission shall consider each license application submitted by an applicant on a rolling basis.

(b) The Commission shall notify each applicant in writing that:

1. The application has been deemed complete. Once deemed complete, the Commission reserves the right to approve or deny the license application;

2. The application has been deemed incomplete, and include the grounds for which it has been deemed incomplete; or

3. The Commission requires further information within a specified period of time before the packet is determined to be complete.

(c) Failure of the applicant to adequately address all required items in its application in the time required under 935 CMR 500.102 will result in evaluation of the application as submitted. Nothing in 935 CMR 500.101 is intended to confer a property or other right or interest entitling an applicant to a meeting before an application may be denied.

(d) On determination that the application is complete, a copy of the completed application, to the extent permitted by law, will be forwarded to the municipality in which the Marijuana Establishment will be located.

1. For all License Applicants not subject to 935 CMR 500.102(1)(d)2., the Commission shall request that the municipality respond within 60 days of the date of the correspondence that the applicant's proposed Marijuana Establishment complies with municipal bylaws or ordinances.

2. On determination that the application submitted by a Social Equity Business or a business controlled by and with majority ownership comprised of Economic Empowerment Priority Applicants or Social Equity Program Participants is complete, a copy of the completed application, to the extent permitted by law, will be forwarded to the Host Community. The Host Community shall respond within 30 days of the date of the correspondence that the applicant's proposed Marijuana Establishment complies or does not comply with municipal bylaws or ordinances. If a Host Community does not respond to the Commission's correspondence within 30 days, the Commission will consider the requirement to be satisfied without any further action by the Host Community or applicant.

(e) The applicant shall keep current all information required by 935 CMR 500.000, or otherwise required by the Commission. The applicant shall report any changes in or additions to the content of the information contained in the application to the Commission within five business days after such change or addition. If a material change occurs to an application deemed complete, the Commission may deem the application incomplete pending further review. If an application is initially deemed complete, and later deemed incomplete, a notice will be provided to the applicant. An incomplete application must be fully evaluated pursuant to 935 CMR 500.102(1)(a) prior to being deemed complete again and submitted to the Commission pursuant to M.G.L. c. 94G, § 5(a).

(2)Action on Completed Applications.

(a) Priority application review will be granted to existing MTC Priority Applicants and Economic Empowerment Priority Applicants.

(b) The Commission shall review applications from Priority Applicants on an alternating basis, beginning with the first-in-time-application received from either an MTC Priority Applicant or Economic Empowerment Priority Applicant as recorded by the Commission's electronic license application tracking system. Where no completed application is available for review by the Commission from either of the priority groups defined in 935 CMR 500.102(2)(a), the Commission shall review the next complete application from either group.

(c) The Commission shall grant or deny a provisional license not later than 90 days following notification to the applicant that all required packets are considered complete. Applicants shall be notified in writing that:

1. The applicant shall receive a provisional license which may be subject to further conditions as determined by the Commission; or

2. The applicant has been denied a license. Denial shall include a statement of the reasons for the denial.

(d) Failure of the applicant to complete the application process within the time specified by the Commission in the application instructions shall be grounds for denial of a license.