An Act to Clarify Licensing Criteria and Criminal History Record Check and Notification Requirements for Adult Use Caimabis Establishments
Maine Legislature, Session 131, LD 2155
Committee Amendment CA_A_H878 (House)
Amends: 28-B MRSA §102, 28-B MRSA §106, 28-B MRSA §213

COMMITTEE AMENDMENT " f\." to H.P. 1379, L,D. 2155, "An Act to Clarify
Licensing Criteria and Criminal History Record Check and Notification Requirements for
Adult Use Caimabis Establishments"
Amend the bill by striking out all of sections 1 and 2 and inserting the following;
'See. 1. 28-B MRSA §102, sub-§42-A is enacted to read:
42-A. Principal. "Principal" means. with regard to an applicant or licensee;
A. A natural person operating as a sole prQprieto_n
B. The officers of a corporation oreanized pursuant to Title 13-C. chapter 8 who have
authority to manage, direct or oversee the applicants or licensee's operations, if the
applicant or licensee is a corporation;
C, The directors of a corporation organized pursuant to Title 13-C. chapter SLJfthe
. apoljcantor licensee is a corooratiQn;
D, The shareholders of a corporation organized pursuant to Title 13-C. chapter 8, if no
officers or directors are appointed and if the auolicant or licensee is a corpQi'ation;
E.The_ general or limited partners of a oartnership organized under Title_3i, chapter
19. if the anolicant or licensee is a partnershit);
. F. The nonmember manaeers or manaeing members of a limited liability CQmpanv
organized under Title 31. chapter 21. if the applicant or licensee is a limited liability
company; and
G. Any other natural person to whom the applicant or licensee has given authority to
manage, direct or oversee the applicant s or licensee s operations.
0 If an officer, director, shareholder, partner, manaeer or member from paragraoh B. C. D. E
or F is a business entity, "ormcioal" means any natural person to whom the business entity
has£iYen_authority to manage, direct or oversee the applicant's or licensee's operations.
"Princbal" does not include natural persons whose managerial responsibilities are limited
to staff supervision and who are not authorized to act on behalf of an applicant or licensee,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " £V' to H.P. 1379, L,D, 2155
"^'to]
For purposes of this subsection, "operations" does not include human resources,
information technology, marketing, accounting_Qr finance.
Sec. 2. 28-B MRSA §106, first ^, as enacted by PL 2017, c. 409, Pt. A, §6, is
amended to read:
The department shall issue individual identification cards to natural persons licensed
under this chapter and, upon the request of a licensee, shall issue individual identification
cards to owners, officers, managers principals, contractors, employees or other support staff
of the licensee who meet the requirements of this section for the issuance of an individual
identification card.'
Amend the bill by striking out all of section 8 and inserting the following:
'See. 8. 28-B MRSA §213, as enacted by PL 2017, c. 409, Ft, A, §6, is amended to
read:
§213. Notice of new owner, officer, manager principal or employee
Before any proposed new owner, QfSoefrfaeswgw principal or employee may own,
manage, work for or otherwise associate with a licensee, the licensee shall notify the
department in writing of the name, address and date of birth of the proposed new owner,
efSewr-e&sQQ^w principal or employee and the proposed new owner, effieeir-fiMt&agey
principal or employee shall submit to a criminal history record check pursuant to section
204, obtain an individual identification card pursuant to section 106 and, in the case of a
new owner or other person assuming an equity ownership interest or a partial equity
ownership interest in the license, obtain approval for the transfer of ownership interests
pursuant to section 210.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment changes the definition of "principal" in the bill and excludes "owner"
from the list of words replaced by "principal,"
COMMITTEE AMENDMENT