4 (1) Subject to the regulations, the following persons may apply to the Registrar for a retail store authorization to operate a specified proposed cannabis retail store: 1. A holder of a retail operator licence, subject to any conditions attached to the licence. 2. An applicant for a retail operator licence. Restriction, applicable resolution in effect (2) Despite subsection (1), an application may not be made for a retail store authorization in respect of a proposed cannabis retail store that would be located, (a) in a municipality in which cannabis retail stores may not be located in accordance with section 41; or (b) on a reserve on which cannabis retail stores may not be located in accordance with section 43. Restriction, prior refusal or revocation (3) Despite subsection (1), a person who has been refused a retail store authorization in respect of a proposed cannabis retail store or the renewal of a retail store authorization in respect of a cannabis retail store, or who was the holder of a retail store authorization that was revoked, may not apply for a retail store authorization in respect of the same cannabis retail store or proposed cannabis retail store until after the second anniversary of the refusal or revocation, unless the Registrar is satisfied that there has been a significant change in circumstances since the refusal or revocation. Restriction, producers (4) A person who is the holder of a prescribed licence issued under the Cannabis Act (Canada) to produce cannabis for commercial purposes or, if no licence or licences are prescribed, a person who is the holder of any such licence, is subject to the following restrictions in respect of an application that may be made by the person under subsection (1): 1. Except as otherwise provided by the regulations, the proposed cannabis retail store must be located on or within the site set out in the licence. 2. The person and its affiliates, as defined by the regulations, may not between them hold more than one retail store authorization or such other number of retail store authorizations as may be prescribed. 3. Any other restriction that may be prescribed. 2019, c. 15, Sched. 4, s. 1. One store per authorization (5) A separate application is required in respect of each proposed cannabis retail store, and a retail store authorization that is issued only authorizes the operation of the store specified in the application for the authorization. Eligibility (6) An applicant is not eligible to be issued a retail store authorization in respect of a proposed cannabis retail store in any of the following circumstances: 1. The applicant is not, or would not at the time of the issuance of the authorization be, the holder of a retail operator licence, or is a holder of a retail operator licence that is subject to conditions that prevent the application for or issuance of a retail store authorization in respect of the proposed store. 2. A person referred to in clauses 3 (5) (a) to (c) has been convicted of or charged with an offence under this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 3. There are reasonable grounds to believe that the applicant is carrying on activities that are, or would be if the applicant were the holder of a retail store authorization, in contravention of or not in compliance with a provision of this Act, the Cannabis Control Act, 2017, the Cannabis Act (Canada) or the regulations made under any of them that is prescribed for the purposes of this paragraph. 4. The applicant employs or intends to employ an individual who is not the holder of a cannabis retail manager licence to perform any of the functions set out in subsection 5 (1). 5. The issuance of the retail store authorization in respect of a proposed store is not in the public interest, having regard to the needs and wishes of the residents of the municipality in which the proposed cannabis retail store would be located. 6. In the case of a proposed cannabis retail store that would be located on a reserve, the council of the band has not approved, by the passage of a resolution applicable to the proposed store, the location of the proposed store on the reserve. 7. The premises, equipment and facilities of the proposed store are not, or would not be if the authorization were issued, in compliance with this Act, the regulations or the standards and requirements established under section 26, or the Registrar is satisfied that the applicant will not exercise sufficient control, either directly or indirectly, over the premises, equipment and facilities. 8. The applicant or an employee or agent of the applicant makes a false statement or provides false information in the application. 9. Any other circumstance that may be prescribed. Public notice (7) For the purposes of paragraph 5 of subsection (6), the Registrar shall give notice of an application for a retail store authorization, (a) by displaying a notice at the location of the proposed cannabis retail store specified in the application; (b) by posting a notice on the Commission’s website; and (c) in any other manner the Registrar considers appropriate. Exception (8) Subsection (7) does not apply if, (a) the applicant is ineligible on any other ground to be issued a retail store authorization; or (b) subsection (12) prevents the issuance of the retail store authorization. Same (9) Notice given under subsection (7) shall include a request for the municipality, its residents and, if the municipality is a lower-tier municipality, the upper-tier municipality of which it forms a part, to make written submissions to the Registrar, which must be made no later than 15 days after the notice is first given, as to whether the issuance of the retail store authorization is in the public interest, having regard to the needs and wishes of the residents. Issuance, refusal of retail store authorization (10) The Registrar shall consider every application for a retail store authorization, and shall, (a) subject to subsection (12), issue the retail store authorization, if the applicant has met the application requirements, is not ineligible to be issued a retail store authorization and has paid the required fee; or (b) refuse the application. Submissions to be considered (11) The Registrar shall consider any written submissions made in accordance with subsection (9) in relation to the application. Circumstances where no issuance (12) The Registrar shall refuse to issue a retail store authorization, (a) if the proposed cannabis retail store would be located less than the distance specified by or determined in accordance with the regulations from, (i) a school as defined in the Education Act, or (ii) any other prescribed land use; or (b) in any other circumstance that may be prescribed. Conditions on consent (13) In issuing a retail store authorization, the Registrar may specify any conditions consented to by the applicant that are to be attached to the authorization. Decision final (14) A decision of the Registrar to issue or to refuse to issue a retail store authorization is final. Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 4, s. 1 - 10/12/2019