Section 20-2A-55 - License application procedures(a) Beginning September 1, 2022, a person may apply to the commission for a license for an integrated facility or for a license in one of the following independent categories: Cultivator, processor, secure transporter, state testing laboratory, or dispensary. The application shall be made under oath on a form provided by the commission and shall contain information as prescribed by the commission, including, but not limited to, all of the following: (1) The name, business address, business telephone number, and Social Security number or if applicable, federal tax identification number, of the applicant.(2) With regard to each business entity that has any ownership interest in the applicant, all of the following: a. The identity of every individual having an indirect or direct ownership interest in that business entity. For purposes of this paragraph, if the business entity is a trust, the application shall disclose the names and addresses of all trustees and beneficiaries; if a privately held corporation, the names and addresses of all shareholders, officers, and directors; if a publicly held corporation, the names and addresses of all shareholders holding a direct or indirect interest of greater than five percent, officers, and directors; if a partnership or limited liability partnership, the names and addresses of all partners; if a limited partnership or limited liability limited partnership, the names of all partners, both general and limited; or if a limited liability company, the names and addresses of all members and managers.b.1. The identity of all of the following other entities, if the other entities are directly or indirectly involved in the cannabis industry, including, but not limited to, the cultivation, processing, packaging, labeling, testing, transporting, or sale of cannabis:(i) Any subsidiary, affiliate, conglomerate, parent, or other entity that shares common ownership, directly or indirectly, with the business entity.(ii) Any partnership of which the business entity is a partner.(iii) Any limited liability company of which the business entity is a member or manager.2. This paragraph shall be construed broadly to ensure the broadest disclosure and greatest transparency reasonably possible.(3)a. With regard to each individual having any ownership interest in the applicant, the identity of all of the following entities, if the entities are directly or indirectly involved in the cannabis industry, including, but not limited to, the cultivation, processing, packaging, labeling, testing, transporting, or sale of cannabis:1. Any business entity of which the individual or his or her spouse, parent, or child has any equity interest.2. Any partnership of which the individual or his or her spouse, parent, or child has any equity interest.3. Any limited liability company of which the individual or his or her spouse, parent, or child is a member or manager.b. This subdivision shall be construed broadly to ensure the broadest disclosure and greatest transparency reasonably possible.(4) Whether an owner, director, board member, or individual with a controlling interest in the applicant has been indicted for, charged with, arrested for, convicted of, pled guilty or nolo contendere to, or forfeited bail concerning any criminal offense under the laws of any jurisdiction, either felony or controlled substance-related misdemeanor, not including traffic violations, regardless of whether the offense has been reversed on appeal or otherwise, including the date, the name and location of the court, arresting agency, and prosecuting agency, the case caption, the docket number, the offense, the disposition, and the location and length of incarceration.(5) Whether an applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing board or commission in this state or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing board or commission, the date each action was taken, and the reason for each action.(6) Whether an applicant has filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over the filings concerning the payment of, any tax required under federal, state, or local law, including the amount, type of tax, taxing agency, and time periods involved.(7) A statement listing the names and titles of all public officials of any unit of government, and the spouses, parents, and children of those public officials, who, directly or indirectly, own any financial interest in, have any beneficial interest in, are the creditors of or hold any debt instrument issued by, or hold or have any interest in any contractual or service relationship with an applicant.(8) The anticipated or actual number of employees; and projected or actual gross receipts.(9) Financial information in the manner and form required by rule by the commission.(10) Records indicating that a majority of ownership is attributable to an individual or individuals with proof of residence in this state for a continuous period of no less than 15 years preceding the application date.(11) For an applicant seeking an integrated facility license or a cultivator license, records indicating that a majority of ownership is attributable to an individual or individuals, or an entity or entities, with cumulative business experience in the field of commercial horticulture or agronomic production for a period of at least 15 years.(b) Each owner, shareholder, director, board member, and individual with an economic interest in an applicant shall submit to a state and national criminal background check. The commission shall determine the manner in which fingerprints of the individual shall be submitted to the Alabama State Law Enforcement Agency along with a sufficient fee required to perform the criminal history records check by the agency and by the Federal Bureau of Investigation. The applicant shall submit with its application the individual's written consent to the criminal history records check.(c) A false application is cause for the commission to deny a license. The commission shall not consider an incomplete application but, within a reasonable time, shall return the application to the applicant with notification of the deficiency and instructions for submitting a corrected application. Information the commission obtains from the background investigation is exempt from disclosure under the Open Records Act, Article 3 of Chapter 12 of Title 36.(d) An applicant shall provide written consent to the inspections, examinations, searches, and seizures provided for in subdivision (a)(3) of Section 20-2A-52 and to disclosure to the commission and its agents of otherwise confidential records, including tax records held by any federal, state, or local agency, or credit bureau or financial institution, while applying for or holding a license. Information the commission receives under this subsection is exempt from disclosure under the Open Records Act.(e) An applicant shall certify that the applicant does not have an economic interest in any other license under this article.(f) A nonrefundable application fee of two thousand five hundred dollars ($2,500) shall be paid at the time of filing to defray the costs associated with the background investigation conducted by the commission. If the costs of the investigation and processing the application exceed the application fee, the applicant shall pay the additional amount to the commission. All information, records, interviews, reports, statements, memoranda, or other data supplied to or used by the commission in the course of its review or investigation of an application for a license under this article shall be disclosed only in accordance with this article. The information, records, interviews, reports, statements, memoranda, or other data are not admissible as evidence or discoverable in any action of any kind in any court or before any department, agency, board, commission, or authority, except for any action considered necessary by the commission, unless so ordered by a court of competent jurisdiction according to the Rules of Civil Procedure.(g) If the commission identifies a deficiency in an application, the commission shall provide the applicant with a reasonable period of time, as determined by the commission by rule, but not more than 60 days, to correct the deficiency.Ala. Code § 20-2A-55 (1975)
Added by Act 2021-450,§ 1, eff. 5/17/2021.