Section 1291.225  Relocation of an Adult Use Dispensing Organization License

a)         Adult use dispensing organization licenses issued in a specific BLS region shall remain in that BLS region, even if the license changes its ownership or is sold or transferred, unless the Act specifically allows a license to change BLS regions pursuant to Section 15-25(e-5) of the Act.

b)         Adult use dispensing organizations whose licenses were issued pursuant to Section 15-15 or Section 15-36 of the Act may submit an application on forms provided by the Department to relocate their dispensary.

c)         Dispensing organizations that apply to relocate a dispensary to a new location pursuant to this Section will be approved, subject to all other statutory and administrative requirements, if:

1)         The proposed location is within the same BLS region, as defined in 68 Ill. Adm. Code 1291.10 that the dispensing organization's corresponding conditional license was awarded in; or

2)         The proposed location is in the same geographic district as those geographic districts are defined in 68 Ill. Adm. Code 1290.20, if the original dispensing organization license was issued pursuant to Section 15-15 of the Act; and

3)         The adult use dispensing organization shall submit the fee required for the relocation of its existing associated medical registration.  This shall be the only fee required for the same-site licensee to relocate.

d)         The Department shall approve or deny an application to relocate under subsection (b) within 30 calendar days of receiving a completed application.

e)         If the Department does not approve or deny an application to relocate under subsection (a) within 30 calendar days of receiving a completed application, the application shall be deemed to be approved.

f)         If the Department denies an application to relocate pursuant to subsection (a), it shall do so in writing and provide a specific reason for the denial.

g)         An application to relocate shall be deemed complete upon submission of all documents required by the application form provided by the Department.

h)         If, upon reviewing the application, the Department discovers any documentation required by the Department's application to relocate is missing, the Department will request the missing documentation.  In this case, the application is not complete until the missing documentation is submitted.

i)          After receiving the Department's approval to relocate under subsection (a), the adult use dispensing organization license shall submit floorplans of the new location for the Department's approval in a form or manner prescribed by the Department.  The Department shall approve or deny the floorplans within 10 business days of the Department's receipt of the floorplans.

j)          Prior to the commencement of operations at a new location that was approved by the Department, the adult use dispensing organization license must also pass a building and site inspection conducted by the Department in accordance with Section 15-60(j)(5) of the Act.  The adult use dispensing organization license shall request a building and site inspection of the new site on forms provided by the Department.  The Department shall schedule a building and site inspection within 10 business days upon receiving the adult use dispensing organization license's request for a building and site inspection.

(Source:  Added at 48 Ill. Reg. 13377, effective August 20, 2024)