1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to commerce; modifying cannabis license application requirements; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 342.14, subdivision 1. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 342.14, subdivision 1, is amended to read: |
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6 | 6 | | 1.6 Subdivision 1.Application; contents.(a) The office shall establish procedures for the |
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7 | 7 | | 1.7processing of cannabis licenses issued under this chapter. At a minimum, any application |
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8 | 8 | | 1.8to obtain or renew a cannabis license shall include the following information, if applicable: |
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9 | 9 | | 1.9 (1) the name, address, and date of birth of the applicant; |
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10 | 10 | | 1.10 (2) the disclosure of ownership and control required under paragraph (b); |
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11 | 11 | | 1.11 (3) the disclosure of whether the applicant or, if the applicant is a business, any officer, |
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12 | 12 | | 1.12director, manager, and general partner of the business has ever filed for bankruptcy; |
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13 | 13 | | 1.13 (4) the address and legal property description of the business, if applicable, except an |
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14 | 14 | | 1.14applicant is not required to secure a physical premises for the business at the time of |
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15 | 15 | | 1.15application; |
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16 | 16 | | 1.16 (5) a general description of the location or locations that the applicant plans to operate, |
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17 | 17 | | 1.17including the planned square feet of space for cultivation, wholesaling, and retailing, as |
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18 | 18 | | 1.18applicable; |
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19 | 19 | | 1.19 (6) a copy of the security plan, including security monitoring, security equipment, and |
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20 | 20 | | 1.20facility maps if applicable, except an applicant is not required to secure a physical premises |
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21 | 21 | | 1.21for the business at the time of application; |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR EB/EE 25-0028412/06/24 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 1734 |
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29 | 29 | | NINETY-FOURTH SESSION 2.1 (7) proof of trade name registration; |
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30 | 30 | | 2.2 (8) a copy of the applicant's business plan showing the expected size of the business; |
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31 | 31 | | 2.3anticipated growth; the methods of record keeping; the knowledge and experience of the |
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32 | 32 | | 2.4applicant and any officer, director, manager, and general partner of the business; the |
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33 | 33 | | 2.5environmental plan; and other relevant financial and operational components; |
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34 | 34 | | 2.6 (9) standard operating procedures for: |
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35 | 35 | | 2.7 (i) quality assurance; |
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36 | 36 | | 2.8 (ii) inventory control, storage, and diversion prevention; and |
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37 | 37 | | 2.9 (iii) accounting and tax compliance; |
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38 | 38 | | 2.10 (10) an attestation signed by a bona fide labor organization stating that the applicant has |
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39 | 39 | | 2.11entered into a labor peace agreement; |
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40 | 40 | | 2.12 (11) a description of any training and education that the applicant will provide to |
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41 | 41 | | 2.13employees of the business; |
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42 | 42 | | 2.14 (12) a disclosure of any violation of a license agreement or a federal, state, or local law |
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43 | 43 | | 2.15or regulation committed by the applicant or any true party of interest in the applicant's |
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44 | 44 | | 2.16business that is relevant to business and working conditions; |
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45 | 45 | | 2.17 (13) certification that the applicant will comply with the requirements of this chapter; |
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46 | 46 | | 2.18 (14) identification of one or more controlling persons or managerial employees as agents |
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47 | 47 | | 2.19who shall be responsible for dealing with the office on all matters; |
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48 | 48 | | 2.20 (15) a statement that the applicant agrees to respond to the office's supplemental requests |
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49 | 49 | | 2.21for information; and |
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50 | 50 | | 2.22 (16) a release of information for the applicant and every true party of interest in the |
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51 | 51 | | 2.23applicant's business license for the office to perform the background checks required under |
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52 | 52 | | 2.24section 342.15.; |
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53 | 53 | | 2.25 (17) proof that the applicant is a social equity applicant; and |
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54 | 54 | | 2.26 (18) an attestation that the applicant's business policies governing business operations |
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55 | 55 | | 2.27comply with this chapter. |
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56 | 56 | | 2.28 (b) An applicant must file and update as necessary a disclosure of ownership and control |
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57 | 57 | | 2.29identifying any true party of interest as defined in section 342.185, subdivision 1, paragraph |
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58 | 58 | | 2.30(g). The office shall establish the contents of the disclosure. Except as provided in paragraph |
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59 | 59 | | 2.31(f) (d), the disclosure shall, at a minimum, include the following: |
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60 | 60 | | 2Section 1. |
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61 | 61 | | REVISOR EB/EE 25-0028412/06/24 3.1 (1) the management structure, ownership, and control of the applicant or license holder, |
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62 | 62 | | 3.2including the name of each cooperative member, officer, director, manager, general partner, |
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63 | 63 | | 3.3or business entity; the office or position held by each person; each person's percentage |
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64 | 64 | | 3.4ownership interest, if any; and, if the business has a parent company, the name of each |
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65 | 65 | | 3.5owner, board member, and officer of the parent company and the owner's, board member's, |
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66 | 66 | | 3.6or officer's percentage ownership interest in the parent company and the cannabis business; |
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67 | 67 | | 3.7 (2) a statement from the applicant and, if the applicant is a business, from every officer, |
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68 | 68 | | 3.8director, manager, and general partner of the business, indicating whether that person has |
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69 | 69 | | 3.9previously held, or currently holds, an ownership interest in a cannabis business in Minnesota, |
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70 | 70 | | 3.10any other state or territory of the United States, or any other country; |
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71 | 71 | | 3.11 (3) if the applicant is a corporation, copies of the applicant's articles of incorporation |
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72 | 72 | | 3.12and bylaws and any amendments to the applicant's articles of incorporation or bylaws; |
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73 | 73 | | 3.13 (4) copies of any partnership agreement, operating agreement, or shareholder agreement; |
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74 | 74 | | 3.14 (5) copies of any promissory notes, security instruments, or other similar agreements; |
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75 | 75 | | 3.15 (6) an explanation detailing the funding sources used to finance the business; |
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76 | 76 | | 3.16 (7) a list of operating and investment accounts for the business, including any applicable |
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77 | 77 | | 3.17financial institution and account number; and |
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78 | 78 | | 3.18 (8) a list of each outstanding loan and financial obligation obtained for use in the business, |
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79 | 79 | | 3.19including the loan amount, loan terms, and name and address of the creditor. |
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80 | 80 | | 3.20 (c) An application may include: |
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81 | 81 | | 3.21 (1) proof that the applicant is a social equity applicant; |
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82 | 82 | | 3.22 (2) a description of the training and education that will be provided to any employee; |
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83 | 83 | | 3.23or |
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84 | 84 | | 3.24 (3) a copy of business policies governing operations to ensure compliance with this |
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85 | 85 | | 3.25chapter. |
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86 | 86 | | 3.26 (d) (c) Commitments made by an applicant in its application, including but not limited |
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87 | 87 | | 3.27to the maintenance of a labor peace agreement, shall be an ongoing material condition of |
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88 | 88 | | 3.28maintaining and renewing the license. |
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89 | 89 | | 3.29 (e) An application on behalf of a corporation or association shall be signed by at least |
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90 | 90 | | 3.30two officers or managing agents of that entity. |
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91 | 91 | | 3Section 1. |
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92 | 92 | | REVISOR EB/EE 25-0028412/06/24 4.1 (f) (d) The office may establish exceptions to the disclosures required under paragraph |
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93 | 93 | | 4.2(b) for members of a cooperative who hold less than a five percent ownership interest in |
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94 | 94 | | 4.3the cooperative. |
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95 | 95 | | 4Section 1. |
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96 | 96 | | REVISOR EB/EE 25-0028412/06/24 |
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