Temporary License Requirements – Emergency Regulations
The Temporary License Requirements – Emergency Regulations are
§ 5001. Temporary License Application Requirements
(a) Temporary license applications maybe completed and submitted online at www.bcaca.~ov or completed in hard copy and submitted by delivering a printed copy to the Bureau s office(s).
(b) Applicants who submit their applications online shall first register for a user account. To register for a user account, the applicant shall do all of the following:
(1) Create a user name, password, and security question and answer;
(2) Provide an email address; and
(3) Provide the owner’s first and last name, primary phone number, social security number or individual taxpayer identification number, date of birth, and mailing address.
(c) An application must be completed by an owner as defined by section 5003 of this division. An application must be submitted to the Bureau for each temporary license applied for. An application for a temparary license includes:
(1) The legal business name of the applicant.
(2) The email address of the applicant’s business and the telephone number for the premises.
(3) The business’ federal employer identification number.
(4) A description of the business organizational structure. of the applicant, such as partnership or corporation.
(5) The temporary license type that is being requested.
(6) The license designation requested, A-license or M-license, for all license Cypes other than testing laboratories.
(7) The contact information for the applicant s designated primary contact person including the name, title, phone number, and email address of the individual.
(8) For each owner who meets the criteria of Business and Professions Code section 26001(a1), the owner’s name; title, percentage of ownership, mailing address, telephone number, and email address if applicable.
(9) The physical address of the premises to be licensed.
(10) Evidence that the applicant has the legal right to occupy and use the proposed location that complies with section 5007 of this division.
(11) A premises diagram pursuant to section 5006.
(12) A copy of a valid license, permit, or other authorization issued by a local jurisdiction, that enables the applicant to conduct commercial cannabis activity at the location requested for the temporary license. For purposes of this section, “other authorization” shall include, at a minimum, a written statement or reference that clearly indicates the local jurisdiction intended to grant permission for the commercial cannabis activity or to the person to conduct commercial cannabis activity at the premises. Upon receipt of the application, the Bureau shall contact the applicable local jurisdiction to confirm the validity of the authorization. If the local jurisdiction does not respond within 10 calendar days, the Bureau shall consider the authorization valid.
(13) Attestation to the following statement: Under penalty of perjury, I hereby declare that the information contained within and 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.
(d) A temporary license is a conditional license that authorizes the licensee to engage in commercial cannabis activity as would be permitted under the privileges of a non-temporary license of the same type. A temporary licensee shall follow all applicable rules and regulations as would be required if the licensee held a non-temporary license of the same type.
(e) A temporary license does not obligate the Bureau to issue a non-temporary license nor does the temporary license create a vested right in the holder to either an extension of the temporary license are to the granting of a subsequent non-temporary license.
(f) A temporary license issued under this section shall be valid for 120 days from the effective date. No temporary license shall be effective prior to January 1, 2018.
(g) A temporary license may be extended by the Bureau for additiona1 90-day periods if a complete application for an annual license has been submitted to the Bureau pursuant to section 5002 of this division prior to the initial expiration date of the temporary license.
Proposed Regs. – October 19, 2018
The Bureau has amended the title of this section from “Temporary License Application Requirements” to “Temporary Licenses” and removed subsections (a) through (d) related to application requirements. As the Bureau will no longer be accepting temporary license applications after the proposed regulations become effective, these sections are no longer needed. The rest of the subsections have been renumbered to reflect the deletion of the subsections.
The reference section has been revised to correct a typographical error.