Nev. Admin. Code § 453A.Sec. 78

Current through June 11, 2024

Section 453A.Sec. 78 - NEW

1. On or before November 15, 2018, a person who holds a medical marijuana establishment registration certificate may apply for one or more licenses, in addition to a license issued pursuant to section 77 of this regulation, for a marijuana establishment of the same type or for one or more licenses for a marijuana establishment of a different type, and on or after November 16, 2018, a person may apply for one or more licenses for a marijuana establishment by submitting an application in response to a request for applications issued pursuant to section 76 which must include:

(a) A one-time, nonrefundable application fee of $5,000.

(b) An application on a form prescribed by the Department. The application must include, without limitation:

(1) Whether the applicant is applying for a license for a marijuana establishment for a marijuana cultivation facility, a marijuana distributor, a marijuana product manufacturing facility, a marijuana testing facility or a retail marijuana store;

(2) The name of the proposed marijuana establishment, as reflected in both the medical marijuana establishment registration certificate held by the applicant, if applicable, and the articles of incorporation or other documents filed with the Secretary of State;

(3) The type of business organization of the applicant, such as individual, corporation, partnership, limited-liability company, association or cooperative, joint venture or any other business organization;

(4) Confirmation that the applicant has registered with the Secretary of State as the appropriate type of business, and the articles of incorporation, articles of organization or partnership or joint venture documents of the applicant;

(5) The physical address where the proposed marijuana establishment will be located and the physical address of any co-owned or otherwise affiliated marijuana establishments;

(6) The mailing address of the applicant;

(7) The telephone number of the applicant;

(8) The electronic mail address of the applicant;

(9) A signed copy of the Request and Consent to Release Application Form for Marijuana Establishment License prescribed by the Department;

(10) If the applicant is applying for a license for a retail marijuana store, the proposed hours of operation during which the retail marijuana store plans to be available to sell marijuana to consumers;

(11) An attestation that the information provided to the Department to apply for the license for a marijuana establishment is true and correct according to the information known by the affiant at the time of signing; and

(12) The signature of a natural person for the proposed marijuana establishment as described in subsection 1 of section 74 and the date on which the person signed the application.

(c) Evidence of the amount of taxes paid, or other beneficial financial contributions made, to this State or its political subdivisions within the last 5 years by the applicant or the persons who are proposed to be owners, officers or board members of the proposed marijuana establishment.

(d) A description of the proposed organizational structure of the proposed marijuana establishment, including, without limitation:

(1) An organizational chart showing all owners, officers and board members of the proposed marijuana establishment;

(2) A list of all owners, officers and board members of the proposed marijuana establishment that contains the following information for each person:

(I) The title of the person;

(II) The race, ethnicity and gender of the person;

(III) A short description of the role in which the person will serve for the organization and his or her responsibilities;

(IV) Whether the person will be designated by the proposed marijuana establishment to provide written notice to the Department when a marijuana establishment agent is employed by, volunteers at or provides labor as a marijuana establishment agent at the proposed marijuana establishment;

(V) Whether the person has served or is currently serving as an owner, officer or board member for another medical marijuana establishment or marijuana establishment;

(VI) Whether the person has served as an owner, officer or board member for a medical marijuana establishment or marijuana establishment that has had its medical marijuana establishment registration certificate or license, as applicable, revoked;

(VII) Whether the person has previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card revoked;

(VIII) Whether the person is an attending provider of health care currently providing written documentation for the issuance of registry identification cards or letters of approval;

(IX) Whether the person is a law enforcement officer;

(X) Whether the person is currently an employee or contractor of the Department; and

(XI) Whether the person has an ownership or financial investment interest in any other medical marijuana establishment or marijuana establishment.

(e) For each owner, officer and board member of the proposed marijuana establishment:

(1) An attestation signed and dated by the owner, officer or board member that he or she has not been convicted of an excluded felony offense, and that the information provided to support the application for a license for a marijuana establishment is true and correct;

(2) A narrative description, not to exceed 750 words, demonstrating:

(I) Past experience working with governmental agencies and highlighting past experience in giving back to the community through civic or philanthropic involvement;

(II) Any previous experience at operating other businesses or nonprofit organizations; and

(III) Any demonstrated knowledge, business experience or expertise with respect to marijuana; and

(3) A resume.

(f) Documentation concerning the size of the proposed marijuana establishment, including, without limitation, building and general floor plans with supporting details.

(g) The integrated plan of the proposed marijuana establishment for the care, quality and safekeeping of marijuana from seed to sale, including, without limitation, a plan for testing and verifying marijuana, a transportation or delivery plan and procedures to ensure adequate security measures, including, without limitation, building security and product security.

(h) A plan for the business which includes, without limitation, a description of the inventory control system of the proposed marijuana establishment to satisfy the requirements of NRS 453D.300 and section 108 of this regulation.

(i) A financial plan which includes, without limitation:

(1) Financial statements showing the resources of the applicant;

(2) If the applicant is relying on money from an owner, officer or board member, evidence that the person has unconditionally committed such money to the use of the applicant in the event the Department awards a license to the applicant and the applicant obtains the necessary approvals from the locality to operate the proposed marijuana establishment; and

(3) Proof that the applicant has adequate money to cover all expenses and costs of the first year of operation.

(j) Evidence that the applicant has a plan to staff, educate and manage the proposed marijuana establishment on a daily basis, which must include, without limitation:

(1) A detailed budget for the proposed marijuana establishment, including pre-opening, construction and first-year operating expenses;

(2) An operations manual that demonstrates compliance with this chapter;

(3) An education plan which must include, without limitation, providing educational materials to the staff of the proposed marijuana establishment; and

(4) A plan to minimize the environmental impact of the proposed marijuana establishment.

(k) If the application is submitted on or before November 15, 2018, for a license for a marijuana distributor, proof that the applicant holds a wholesale dealer license issued pursuant to chapter 369 of NRS, unless the Department determines that an insufficient number of marijuana distributors will result from this limitation.

(l) A response to and information which supports any other criteria the Department determines to be relevant, which will be specified and requested by the Department at the time the Department issues a request for applications which includes the point values that will be allocated to the applicable portions of the application pursuant to subsection 2 of section 76 of this regulation.

Nev. Admin. Code § 453A.Sec. 78

Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018

NRS 453D.200, 453D.230