D.C. Mun. Regs. tit. 22, r. 22-C5503

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C5503 - CHANGE OF LOCATION OR EXPANSION

5503.1

At least thirty (30) days before executing an agreement that will result in the change of location or expansion of a dispensary, cultivation center, or testing laboratory, the registrant shall submit to the Board an application for a change of location or expansion.

5503.2

An application for change of location or expansion of a dispensary, cultivation center, or testing laboratory into an adjacent property shall be subject to ANC review, and shall not be approved if the relocation would result in more than two (2) dispensaries or six (6) cultivation centers being registered to operate within a single election ward.

5503.3

A registrant shall not relocate or expand until the registrant has received written approval from the Board to relocate or expand.

5503.4

If a registrant relocates or expands without Department approval, the registrant's registration, or authorization to apply for a registration, shall automatically be deemed void and shall be surrendered to the Board upon demand.

5503.5

To apply for a change of location or to expand into adjacent property, a registrant shall complete a Department of Health application form and provide the following:

(a) The legal business name, including trade name, if applicable, and current address of the dispensary, cultivation center, or testing laboratory;

(b) The contact person's name, address, email address, telephone number, and facsimile number;

(c) The address of the proposed location;

(d) The proposed date for closing the current location, if relocating;

(e) The proposed date of relocation or expansion;

(f) The proposed date of opening the new location or expanded location;

(g) All required ownership information including the name, title, address, and telephone number of the individual owner, partner(s), corporate officer(s), or members;

(h) A valid zoning determination letter for the proposed location;

(i) A certified surveyor's report detailing the proximity of the proposed location to the nearest public or private preschool, primary or secondary school or recreation center;

(j) Evidence that the registrant has entered into a bona fide agreement with the owner of the building to lease, purchase, or occupy the new location or expanded premises;

(k) The site plan for the proposed location or expanded location;

(l) A detailed security plan for the proposed location or expanded location;

(m) A detailed description of the proposed operations plan and closure plan for the proposed location;

(n) A detailed description of the proposed business plan and services to be offered for the proposed location or expanded location;

(o) A detailed description of the suitability of the proposed location or expanded location;

(p) A proposed staffing plan;

(q) The proposed product safety, quality control, and labeling plan;

(r) The proposed recordkeeping and inventory tracking plan;

(s) The environmental plan for the proposed location or expanded location, if applicable;

(t) A signed and notarized Physician Affidavit Form, if applicable; and

(u) A signed and notarized Acknowledgment and Attestation form.

5503.6

As part of the review of an application for a change of location, the Board shall give written notice through the mail of the application to all ANCs in the affected ward, pursuant to the requirements set forth in §§5107 of this subtitle.

5503.7

Pursuant to §§5109 of this subtitle, the comments timely submitted by an ANC located in the affected ward for consideration shall relate to the ANC's concerns or support regarding the proposed location including but not limited to:

(a) The potential adverse impact of the proposed location to the neighborhood; and

(b) An over concentration or lack of cultivation centers or dispensaries in the affected ward.

5503.8

The timely comments submitted by an ANC located in the affected ward, shall be reviewed by the Board in accordance with D.C. Official Code §§ 1-309.10(d).

D.C. Mun. Regs. tit. 22, r. 22-C5503

Final Rulemaking published at 67 DCR 5383 (5/22/2020); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)