Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA LICENSES › Section R. 420.12 - Denial of a marihuana license; additional reasons

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				agency may deny a license if an applicant fails to comply with the applicable
				act or these rules.
(2) In addition
				to the reasons for denial in the acts, the agency may deny a marihuana license
				for the following reasons:
(a) The applicant's
				marihuana business location plan does not fully comply with the acts or these
				rules.
(b) The applicant's proposed
				marihuana business or marihuana business is substantially different from the
				marihuana business location plan pursuant to R 420.8 and these rules.
(c) The agency is unable to access the
				proposed marihuana business for prelicensure agency inspection or the applicant
				denied the agency access to the proposed marihuana business.
(d) The applicant made a material
				misrepresentation on the application.
(e) The applicant failed to correct a
				deficiency within 5 days of notification by the agency in accordance with the
				acts and these rules.
(f) The
				applicant failed to provide confirmation of municipal compliance as required
				under R 420.5(1)(d) or (e).
(g) The
				applicant's proposed marihuana establishment is in a municipality that has
				adopted an ordinance prohibiting marihuana establishments or the proposed
				marihuana establishment does not comply with an ordinance consistent with
				section 6 of the MRTMA, MCL 333.27956.
(h) The applicant is operating or was
				operating a proposed marihuana business without a marihuana license.
(i) The applicant has knowingly submitted an
				application containing false information.
(j) The applicant has failed to pay required
				fees pursuant to these rules.
(k)
				The applicant has failed to comply with these rules and the application
				requirements pursuant to these rules.
(l) The applicant has been delinquent with
				the payment of taxes required under federal, state, or local law for 1 or more
				years.
(m) The applicant fails to
				provide notifications or reports to the agency pursuant to these
				rules.
(n) The applicant or anyone
				meeting the definition of applicant has a pattern of convictions involving
				dishonesty, theft, or fraud that indicate the proposed marihuana business is
				unlikely to be operated with honesty and integrity.
(o) For an applicant seeking licensure under
				the MRTMA, the applicant failed a prelicensure inspection within 60 days of
				submitting a complete application to the agency.
(p) For an applicant seeking licensure under
				the MRTMA, the applicant or anyone meeting the definition of applicant has a
				conviction involving distribution of a controlled substance to a minor pursuant
				to section 8 of the MRTMA, MCL 333.27958.
(q) For an applicant seeking licensure under
				the MRTMA, the applicant holds a state operating license under the MMFLA and
				has failed to file or is delinquent in the payment of the sales tax required
				under the General Sales Tax Act, 1933 PA 167, MCL 205.51 to 205.78, or the
				excise tax required under section 601 of the MMFLA, MCL 333.27601.
(r) For an applicant seeking licensure under
				the MRTMA, the applicant holds a state license and has failed to file or is
				delinquent in the payment of the sales tax required under the General Sales Tax
				Act, 1933 PA 167, MCL 205.51 to 205.78, or the excise tax required under
				section 13 of the MRTMA, MCL 333.27963.
(s) The applicant failed to pass the
				prelicensure inspection required under R 420.11a.
(t) The applicant or licensee has filed an
				amendment to the application for a marihuana license seeking to add an
				individual or entity to the application or license that is not eligible or
				suitable for licensure, or the amendment is not eligible for licensure as it
				fails to comply with the acts and these rules.
(u) The applicant or licensee was previously
				required to file an annual financial statement under the MMFLA and these rules
				and failed to file the annual financial statement.