Ill. Admin. Code tit. 8 § 1300.540

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1300.540 - License Issuance and Transferability

a) Information and Plans Provided in Application

Licenses are only issued for the plan as stated in the applicant's application. Should the applicant be awarded a Transporter License, the information and plans that an applicant provided in its application, shall be a mandatory condition of the permit. Any variation from or failure to perform those plans may result in discipline, including the revocation or nonrenewal of a license. [410 ILCS 705/20-20(c)]

b) License Fee

Upon the notice of intent to award, the applicant must pay a fee of $10,000 to receive the Transporter License. The fee may be prorated based on the date of the license award.

c) Transferability - Change of Business Location

A Transporter License shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.

1) A Transporter License is not transferable to a new location without Department approval.

2) In the event that the Department approves the new location as meeting all requirements of the Act and this Part, the transporter shall have a transition period of no more than 90 days, approved by the Department, to transfer its equipment and begin operations at the new location.

A) The transition period shall not begin until the new location is in full compliance with the requirements of the Act and this Part.

B) The transporter may not transfer cannabis containers using the new location prior to the beginning date of this approved transition period.

3) Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license.

d) Transferability - Change in Ownership

A Transporter License shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:

1) A Transporter License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;

2) A Transporter License may be transferred, without charge, to an heir of a deceased licensee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a Transporter License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part;

3) The proposed change of any person or principal officer of a transporter must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $250 will be charged for the processing of any such change.

e) Transferability - Sale of Business

The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $500 will be charged for the processing of the change of stock ownership or corporate officers or board members.

f) Non-Transferability - No Lease or Sublease

A Transporter License shall not be leased or subcontracted, in whole or in part.

g) At the time of license issuance, the transporter shall have in place operating documents that shall include procedures for the oversight of the transporter, an inventory monitoring system including a physical inventory recorded weekly, accurate recording keeping, and a staffing plan. [410 ILCS 705/40-25(a)]

h) The transporter shall submit to the Department the license plate numbers, proof of insurance, and vehicle identification numbers for each vehicle being used to transport cannabis or cannabis-infused products. The Department will issue a registration certificate for each vehicle being used to transport cannabis or cannabis-infused products. Upon receipt of the registration certificate and placement of a copy of the certificate into the vehicle, the vehicle may be used for the transportation of cannabis and cannabis-infused products.

i) The transporter has a continuing duty to update and promptly disclose to the Department any changes to the information contained in the application and attachments to, and amendments of, the application.

Ill. Admin. Code tit. 8, § 1300.540

Added at 44 Ill. Reg. 10364, effective 6/3/2020.