Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1291 - CANNABIS REGULATION AND TAX ACT › Section 1291.410 - Conditional License Lottery Application under Section 15-35.20(c) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 will publish an online application for applicants on the Department's website.
			 Paper applications will not be accepted.
b) After publishing the online application,
			 the application submission window shall remain open for submissions for a
			 minimum of 10 business days. Applications must be submitted by 5:00 P.M.
			 Central Time on the last day of the application submission window and no
			 applications will be accepted after the application submission window
			 closes.
c) A principal officer
			 cannot be on more than one application. The Department shall require that all
			 applicants provide each of its principal officers' Social Security Numbers or
			 Individual Taxpayer Identification Number, and any other unique, identifying
			 information, required in the application to ensure that an individual principal
			 officer is not listed as a principal officer on more than one
			 application.
d) All applicants
			 shall pay a non-refundable application fee of $250, to be deposited into the
			 Cannabis Regulation Fund.
e) An
			 application shall be accepted only if it is complete. All incomplete
			 applications shall be denied. A completed application shall include the
			 nonrefundable fee and, at a minimum, the following information:
1) the applicant's proposed entity
			 name;
2) the name of the persons
			 filling out the application;
3) the
			 BLS Region in which the applicant is applying;
4) the names, Social Security Numbers or
			 Individual Taxpayer Identification Number, home addresses, birthdates, phone
			 numbers, and email addresses, for all proposed principal officers of the
			 proposed entity;
5) the
			 identification of and contact information, including phone number and email
			 address, for a primary and alternate contact of the proposed entity, at least
			 one of whom must also be a principal officer;
6) an acknowledgment that if awarded an
			 opportunity for a conditional license in the lottery, the business entity is
			 51% or more owned or controlled by one or more individuals who each meet the
			 combination of at least one or the criteria under subsection (e)(6)(A)
			 (Criteria A) and one of the criteria under subsection (e)(6)(B) (Criteria B).
			 This does not mean multiple individuals need to meet identical criteria, but
			 each individual must meet at least one criteria from Criteria A and one
			 criteria from Criteria B.
A) Criteria A (only
			 1 required):
i) An individual who has resided
			 for at least 5 of the preceding 10 years in a census tract that has a poverty
			 rate of at least 20% according to the latest 5-year American Community Survey
			 (Table S1701: Poverty Status in the Past 12 Months) that is publicly available
			 at the start of the application submission window for the lottery conducted
			 under Sections 1291.400 through
			 1291.440. The data set is
			 available at
https://data.census.gov/cedsci/table?q=poverty%20rate&g=0100000US%241400000&tid=ACSST5Y2020.S1701
;
ii) An individual who has resided for at
			 least 5 of the preceding 10 years in a census tract where at least 20% of the
			 households receive assistance under the Supplemental Nutrition Assistance
			 Program in the latest 5-year American Community Survey (Table S2201: Food
			 Stamps/Supplemental Nutrition Assistance Program (SNAP)) that is publicly
			 available at the start of the application submission window for the lottery
			 conducted under Sections
			 1291.400 through 1291.440. The
			 data set is available at
https://data.census.gov/cedsci/table?q=snap%20participation&g=0100000US%241400000&tid=ACSST5Y2020.S2201
;
iii) An individual who has resided for at
			 least 5 of the preceding 10 years in a census tract area classified as "low
			 income and low access" where at least 100 households are more than one-half
			 mile from the nearest supermarket and have no access to a vehicle or a
			 significant number (at least 500 people) or share (at least 33%) of the
			 population is greater than 1 mile from the nearest supermarket, supercenter, or
			 large grocery store for an urban area or greater than 20 miles for a rural
			 area, as classified by the latest United States Department of Agriculture
			 Economic Research Service's Food Access Research Atlas data set that is
			 publicly available at the start of the application submission window for the
			 lottery conducted under Sections
			 1291.400 through 1291.440. The
			 data set is available at the United States Department of Agriculture Economic
			 Research Service's Food Access Research Atlas, is available at
https://www.ers.usda.gov/data-products/food-access-research-atlas/go-to-the-atlas
;
iv) An individual who has received Medicaid,
			 Supplemental Security Income, Social Security Disability, and/or subsidized
			 housing for at least 5 of the preceding 10 years; and/or,
v) An individual who has resided for at least
			 5 of the preceding 10 years in a census tract in the top
			 15th percentile for the percent of residents in the
			 census tract failing to graduate from High School in that state, as classified
			 by the latest 5-year American Community Survey (Table S1501: Educational
			 Attainment) that is publicly available at the start of the application
			 submission window for the lottery conducted under Sections
			 1291.400 through 1291.440. The
			 data set is available at
https://data.census.gov/cedsci/table?q=s1501&g=0100000US,%241400000
B) Criteria B (only 1 required);
i) An individual who has been arrested for,
			 convicted of, or adjudicated delinquent for any offense, or substantially
			 similar offense, of Illinois, federal or other state law for:
* possession of not more than 500 grams of cannabis; or
* manufacture, delivery, or possession with intent to deliver,
				or manufacture of cannabis up to 30 grams;
ii) An individual who has a family member who
			 has been arrested for, convicted of, or adjudicated delinquent for any offense,
			 or substantially similar offense, of Illinois, federal, or other state law for:
* possession of not more than 500 grams of cannabis; or
* manufacture, delivery, or possession with intent to deliver,
				or manufacture or cannabis up to 30 grams.
iii) An individual who has been a victim of
			 firearm injury, as those terms are defined in this Part. This must be evidenced
			 by either a police report or medical record.
C) As soon a reasonably possible, but no
			 later than 5 business days prior to the acceptance of applications, the
			 Department shall make publicly available the documents applicants may use to
			 establish eligibility under both subsection (e)(6)(A) (Criteria A) and
			 subsection (e)(6)(B) (Criteria B).
7) An acknowledgment that if awarded a
			 conditional license, neither the entity nor any of its principal officers will
			 violate the Act's license number limitations.
8) The acknowledgement will also include a
			 statement or indication that the applicant understands the timeframes to do so
			 as required in this Part.