Cannabis Events – Event Organizer Licensing

Cannabis Events – Event Organizer Licensing

The role of Cannabis Events – Event Organizer Licensing fills is challenging for the industry. They essentially become the “glue” for marketing events and conferences.

An Event Organizer License is required to stage Temporary Events

Temporary Event

  • Temporary event up to 4 days
  • Allows on-site sale and  consumption of cannabis goods

Requirements

  • The organizer of the event must first obtain a Cannabis Event Organizer license
  • Sales of cannabis goods must be performed by a retailer  or microbusiness approved to engage in retail
  • Access to the area(s) where sales and/or consumption  occurs is restricted to persons 21 years of age or older
  • Consumption of alcohol or tobacco is not allowed on the  premises
  • Onsite consumption of cannabis goods must be done in  accordance with the local jurisdiction’s requirements
  • Security must be present at the event

What are the provisions applicable to Cannabis Events and Event Organizers?

§ 5600. Cannabis Event Organizer License (a) To obtain a temporary cannabis event license, the event organizer must first apply for and obtain a cannabis event organizer license. (b) Cannabis event organizers licensed under this section shall comply with chapter 1 of this division with the exception of sections 5001-5002; 5006-5008, 5010, 5016, 5019, 5025-5029, 5032-5034, and 5042-5055. (c) A cannabis event organizer licensee is not authorized or licensed to cultivate, distribute, manufacture, or retail cannabis ar cannabis products without first obtaining the appropriate licenses or authorizations to engage in such commercial cannabis activities. (d) A cannabis event organizer shall comply with the records retention provisions of section 5037 of this division. Records sha11 be kept by the caimabis event organizer in a manner that allows the records to be produced for the Bureau in either hard copy or electronic form, whichever the Bureau requests. Failure to produce records upon the Bureau’s request may result in disciplinary action against the cannabis event organizer license. and/or denial of a temporary cannabis event license. (e) Cannabis event organizer applications maybe completed online at www.bcc.ca.gov or by delivering a printed copy to the Bureau’s office(s). (f~ Applicants who submit their applications online shall first register for a user account as provided by section 5002(b) of this division. (g) An application must be completed by an owner as defined by Business and Professions Code section 26001(al). An application for cannabis event organizer licensure includes the following: (1) The name of the applicant. For applicants who are individuals, the applicant shall provide both the first and last name of the individual. For applicants who are business entities, the applicant shall provide the legal business name of the applicant. (2) If applicable, the business trade name (“DBA”) of the applicant (3) Whether the owner is serving or has previously served in the miliEary. Disclosure of military service is voluntary. An applicant who has served as an active duty member of the Armed Forces of the United States and was honorably discharged and who can provide evidence. of such honorable discharge shall have his or her application expedited pursuant to Business and Professions Code section 115.4. (4) A list of the license types and the license numbers issued from the Bureau and all other state cannabis licensing authorities that the applicant holds, including the date Che license was issued and the licensing authority that issued the license. (5) Whether the applicant has been denied a license or has had a license suspended or revoked by the Bureau or any other state cannabis licensing authority. The applicant shall provide the type of license applied for, the name of the licensing authority that denied the. application, and the date of denial (6) The mailing address. for the applicant…. (7) The telephone number for the applicant. (8) The website address of Che applicant’s business;if applicable. (9) The email address for the applicant’s business. (] 0) Contact information for the applicant’s designated primary contact person including the name, title, phone number, and email address of the individual. (1 I) A description of the business organizational structure of the applicant, such as partnership or corporation. (12) The business-formation documents, which inay include, but are not limited to, articles of incorporation, operating ageements, partnership agreements, and fictitious business name statemenCs. The applicant shall also provide all documents filed with the California Secretary of State, which may include, but are not limited to, ~tticles of incorporation, certificates of stock, articles of organization, certificates of limited partnership, and statements of partnership authority. (13) A list of every fictitious business name the applicant is operating under including the address where the business is located. (14) An applicant that is a fareign corporation shall include in its application the certificate of qualification issued by the California Secretary of State under Corporarions Code section 2105. (15) The applicant shall supply the following financiaitnformation: (A) A list of funds belonging to the applicants cannabis event organizing business held in savings, checking, or other accounts maintained by a financial institution. The applicant shall provide, for each account, the financial institution’s name, the financial institution’s address, account type, account number., and the amount of money in the account. (B) A list of loans made. to the applicant for its use in cannabis event organizing activities. For each loan, the applicant shall provide the amount of the loan, the date of the loan, terms) of the loan, security provided for the loan, and the name, address, and phone number of the lender. (C) A list. of investments made into the applicant’s cannabis event organizing activities. For each inveshnent, the applicant shall provide the amount of the investment, the date of the investment, terms) of the inveshnent, and the name, address, and phone number of the investor. (D) A list of all gifts of any kind given to the applicant for its use in cannabis event organizing activities. For each gift, the applicant shall provide the value of the giR or description of the gift, and the name, address, and phone number of the provider of the gift. (16) A complete list of every individual that has a financial interest in the cannabis event organizing business as defined in section 5004 of this division, who is not an owner as defined in Business and Professions Code section 26001(al). (17) A complete list of every owner of the applicant as defined in Business and Professions Code section 26001(al). Each individual pained on this list shall submit the following information: (A) The full name. of the owner. (B) The owner’s title within the applicant entity. (C) The owner’s date of birth and place of birth. (D) The owner’s social security number or individual taxpayer identification number. (E) The owner’s mailing address. (F) The owner’s telephone number. This may include a number for the owner’s home, business, ar mobile telephone. (G) The owner’s email address. (H) The owner’s current employer. (I) The percentage. of the ownership interest held in the applicant entity by the owner. (J) Whether the owner has an ownership or a financial interest as defined in sections 5003 and 5004, respectively, of this division in any other commercial cannabis business licensed under the Act. (K) A copy of the owner’s government-issued identification. Acceptable forms of identification are a document issued by a federal, state, county, or municipal govermiient that includes the name, date of birth, physical description, and pichue of the person, such as a driver license. (L) A detailed description of the owner’s convictions. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Convictions dismissed under Penal Code section 1203.4 or equivalent non-California law must be disclosed. Convictions dismissed under Health and Safety Code section 11361.8 or equivalent non-California law must be disclosed. Juvenile adjudications and traffic infractions under $300 that did not involve alcohol, dangerous drugs, or controlled substances do not need to be included. For each conviction, the owner shall provide the following: (i) The date of conviction (ii) Dates of incarceration, if applicable. (iii) Dates of probation, if applicable. (iv) Dates o£parole, ifapplicable. (v) A detailed description of the offense for which the owner was convicted. (vi) A statement of rehabilitarion for each conviction. The statement of rehabilitation is to be written by the owner and may contain evidence that the owner would like the Bureau to consider that demonstrates the owner’s fitness for licensure. Supporting evidence may be attached to the statement of rehabilitation and may include, but is not limited to, a certificate of rehabilitation under Penal Code section 4852.01, and dated letters of reference from employers, instructors, or professional counselars that contain valid contact information. for the individual providing the reference. {1Vn If applicable, a detailed description of any suspension of a commercial cannabis license, revocation of a commercial cannabis license, or sanctions for unlicensed commercial cannabis activity by a licensing authority or local agency against the applicant or a business entity in which the applicant was an owner or officer within the three years immediately preceding the date of the. application. (N) Attestation to the following statement: Under penalty of perjury, I hereby declare that the information contained within uid submitted with the application is complete, true, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the license, or revocation of a license issued. (18) For an applicant with 20 or more employees, the applicant sha11 attest that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement, and the applicant shall provide a copy of the agreement to the Bureau. For applicants who have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating the applicant will enter into and abide by the terms of a labor peace agreement. (19) The limited waiver of sovereign immunity required by section 5009 of this division, if applicable. Authority: Sections 115.4 and 26013, Business and Professions Code. Reference: Sections 115.4, 144, 26012 and 26200; Business and Professions Code. § 5601. Temporary Cannabis Event License (a) A temporary cannabis event license shall only be issued to a person who holds a cannabis event organizer license issued by the Bureau. (b) Violations of the requirements applicable to temporary cannabis events may result in disciplinary action against the cannabis event organizer license or any other licenses held by a licensee participating in the cannabis event and responsible for the violation under Business and Professions Code section 26070.5. (c) No temporary cannabis event license will be issued for more than 4 days. Temporary cannabis event licenses will not be issued sepazately for consecutive days for the same event. (d) An application for a temporary cannabis event license shall be submitted to the Bureau no less than 60 days before the first day of the cannabis event. An application for a temporary cannabis event license shall include the following: (1) The name o£the applicant. For applicants who are individuals, the applicant shall provide both the first and last name of the individual. For applicants who are business entities, the applicant shall provide the legal business mane of the applicant. (2) The license number for each state cannabis license held by the applicant. (3) The address of the county fair or district agricultural association where the event will take place. (4) The name of the event. (5) A diagram of the physical layout of the event. The diagram sha11 clearly indicate where the cannabis event will betaking place on the grounds of the event’s location, all cannabis consumption areas, all areas where cannabis goods will be sold, and the specific location of each cannabis licensee who will be participating in the event. The diagram shall not contain highlighting and the markings on the diagram shall be inblack-and-white print. (6) The dates for which the temporary cannabis event license is being sought. A temporary event license is required for any date in which the applicant engages in onsite cannabis sales or allows onsite cannabis consumption. (7) Contact information for the applicant’s designated primary contact person regarding the temporary event license, including the name, title, address, phone number, and email address of the individual (8) Written approval from the local jurisdiction authorizing the applicant to engage in onsite caimabis sales to, and onsite consumption by, persons 21 years of age or older at the event. (9) A list of all licensees that will be providing onsite sales of cannabis goods at the event. (10) Attestation to the following statemenC: Under penalty oPperjury, I hereby declare that the information contained within and submitted with the application is complete, riue, and accurate. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the license, or revocation of a license issued. (e) If the list of licensees participating in the event changes after the application is submitted or after the licensee is issued, the applicant shall submit a final list to the Bureau no less than 5 days before the event. Licensees not on the list may not parCicipate in the event. Authority: Section 26013, Business and Professions Code. Reference: Section 26200, Business and Professions. Code. § 5602. Temporary Cannabis Event Sales (a) Prior to selling cannabis goods. to a customer, the licensee shall verify that.the customer is 21 years of age or older. (b) Each sale at a cannabis event shall be-performed by a retailer or microbusiness authorized to sell cannabis to retail customers. The cannabis event organizer may also sell cannabis goods at the temporary cannabis event if the organizer separately holds a license authorizing the retail sale of cannabis goods. (c) All sales at a cannabis event shall occur on the dates stated on the license and shall occur aY the location stated on the license. All onsite sales of caiuiabis goods must comply with the requirements of section 5403, subsection (a), of this division. (d) Sale or consumption of alcohol or tobacco shall not be allowed on the cannabis event premises. (e) The cannabis goods sold onsite at a cannabis event shall be transported to the site by a distributor. (fl A11 cannabis goods aC a cannabis event shall be in compliance with all requirements for laboratory testing and labeling within this division. (g) All cannabis goods at a cannabis event shall be in compliance with all track and trace requirements. (h) All cannabis goods used for display at a cannabis event sha11 be in compliance with the requirements of section 5405, subsections (a), (c) and (d), of this division. (i) All cannabis goods sold at a cannabis event shall be placed in an exit package pursuant to section 5413 of this division. (j) A11 customer returns of cannabis goods at a cannabis event shall be made in compliance with section 5410 of this division. (k) The daily sales limits under section 5409 of this division apply to sales made at a cannabis event. (1) A retailer shall only provide free cannabis goods to a person at a cannabis event if the retailer complies with all requirements of section 5411 of this division. (m) The cannabis event organizer who holds the temporary cannabis event license shall be responsible for ensuring that all rules and requirements for the onsite sale of cannabis goods are followed. Authority: Section 26013, Business and Professions Code. Reference: Section 26200, Business and Professions Code. § 5603. Temporary Cannabis Event Consumption (a) Access to the area where cannabis consumprion is allowed shall be restricted to persons 21 years of age or older. (b) The event organizer licensee shall ensure that cannabis consumption is not visible from any public place or non-age-restricted area. (c) Sale or consumption of alcohol or tobacco shall not be allowed on the premises. (d) The event organizer shall hire or contract for security personnel to provide security services at the licensed temporary cannabis event. All security personnel hired or contracted for by the licensee shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code. (e) All requirements for onsite cannabis consumption imposed by the relevant local jurisdiction sha11 be followed. (fl The cannabis event organizer, who holds the temporary cannabis event license, shall be responsible for ensuring that all rules and requirements for the onsite consumption of caamabis goods are followed. (g) A cannabis event organizer and all other licensees parCicipating in a cannabis event are required to follow all applicable requirements in this division pertaining to record keeping and waste management. (h) Any compensation paid from a retailer to a cannabis event organizer for participation in a cannabis event shall not be determined based on, or tied to, the sale of cannabis goods.

Authority: Section 26013, Business and Professions Code. Reference: Section 26200, Business and Professions Code.

 

 

 

 

 

 

 

Cannabis Licensing

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