35 Miss. Code R. § 11-2-101

Current through June 25, 2024
Section 35-11-2-101

An application must include the following:

1. The names and other required information for all individuals and legal entities who are applicants.
2. Any forms required by the Department and any information identified in the forms that is required to be submitted.
3. A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises and a scaled floorplan sketch of all enclosed areas with clear identification of the main entrance, walls, all areas of ingress and egress, and all limited access areas. This map must provide accurate measurements that allow the Department, at a minimum, to determine the precise main entrance location in reference to the rest of the premises.
4. If the application is based on proposed construction not completed at the time of application, the applicant must submit construction plans for the proposed building which will be the basis for the application investigation. These plans must, at a minimum, provide accurate measurements that allow the Department to determine the precise main entrance location in reference to the rest of the building.
5. An operating plan that demonstrates at a minimum how the applicant's proposed premises and business will comply with applicable laws and rules regarding:
a. Security;
b. Employee qualifications, including background checks, and training;
c. Record-keeping systems;
d. Hours of operation;
e. Preventing non-cardholders under the age of 21 from entering the licensed premises; and
f. Preventing non-cardholders from obtaining or attempting to obtain any items sold by the dispensary.
6. If the municipality or county where the proposed dispensary will be be located has enacted zoning restrictions, a sworn attestation by the applicant certifying that the proposed dispensary is in compliance with the restrictions.
7. If the municipality or county where the proposed dispensary will be located requires a local registration, license, or permit, then the applicant must attach to the application a copy of each obtained registration, license or permit issued to the applicant. If construction is still under way at the time of the application resulting in the applicant's inability to obtain the required local registrations, licenses or permits at the time of application, then the applicant shall attach a signed attestation containing the following information in addition to attaching the obtained registrations, licenses or permits, if any:
a. A list of all local registrations, licenses or permits that have not yet been obtained;
b. Anticipated dates that the applicant will obtain each local registration, license or permit; and
c. An acknowledgment that the applicant is aware that the outstanding registrations, licenses or permits are a condition of the medical cannabis dispensary license, and that the applicant will provide the Department with a copy of each registration, license and permit within ten (10) days of such receipt. The Department must receive a copy of all such applicable registrations, licenses and permits prior to the dispensary being eligible to open for business.
8. Applicants shall provide proof of authorization to occupy the property for the proposed dispensary. To establish proof, the applicant shall provide one of the following:
a. If the building is owned by the applicant, the applicant shall provide a copy of the deed showing the applicant as the owner.
b. If the building is leased by the applicant, the applicant shall provide a copy of the lease.
c. If the building is not owned or leased by the applicant but will be if a license is issued, the applicant shall provide a contingent agreement with the owner or landlord certifying consent that the applicant has the option to lease or purchase the property contingent upon the issuance of a dispensary license.
9. Applicants must have a valid Sales Tax Permit for the proposed location.
10. Applicants may not owe delinquent taxes.
11. A survey completed in the last year by a professional land surveyor holding a current license in the State of Mississippi sufficient to show that there is no property boundary line of any church, school or childcare center within a 1,000-foot radius of the main entry way of the proposed location. If the survey shows that the nearest property boundary line is within 1,000 feet but over 500 feet away, the applicant must include approval of a waiver from the church, school or childcare center.
12. If construction is still under way at the time of application, information and statements provided in the application shall become conditions of the license if the application is granted, and failure to satisfy the conditions may be cause for revocation or denial of renewal. Licensees cannot deviate from submitted blueprints if the deviation would have disqualified the licensee at the time of application. An updated survey must be submitted during renewal showing that the licensee meets all distance requirements at the time of renewal.

35 Miss. Code. R. § 11-2-101

Adopted 7/1/2022