Medical Marijuana FAQs - Application
Q: I am confused about which changes in ownership and changes in individual owners, financiers, managers or employees require new license applications and which can be accommodated by changes to our pending application. Which changes require a new application?
A:There are a few clarifications that need to be made so that separate categories are not mixed together in order to answer your question.
Therefore a new application is required whenever a change occurs in the following between the time a MMB application is submitted, and the license is issued or the application denied:
A new application is not required for:
Prior to any applicant making any changes that require submittal of a new license application, the MMB must close and cannot re-open until and unless a MMB license is issued on the new application.Q: May I open my medical marijuana business before obtaining a license?
A: No, it would be a violation of Section 6-14-3, "License Required", B.R.C. 1981, to operate a medical marijuana business without a medical marijuana business license. There is an exception for businesses lawfully open before August 2, 2010.
Q: Do we file separate license applications for each location (i.e., one for the retail center and one for the growing operation)?
A: Yes, see Section 6-14-3(d), B.R.C. 1981.
Q: When I attach a copy of the state MMED filing to my Boulder MMB application, do I need to attach the supporting documentation?
A: No. You are only required to attach a copy of the state MMED. You do not need to provide the city the attachments submitted to the state.
Q: Is page 6 of the application form for city agencies only? If not, please advise on the information you want us to provide.
A: Page 6 of MMB License Application is for internal city staff use. You do not have to fill in anything on page 6 of the Application.
Q: Who must submit personal information for a medical marijuana license?
A: All individuals who have an ownership or financial interest or a management role in any portion of the business, including:
Q: Can a center/warehouse name more than one manager in addition to the owners at the bottom of page 1 of the application?
A: Yes, see Section 6-14-8(e), B.R.C. 1981. See below details:
Q: Question #2, on the city application, asks for the name, date of birth, FEIN/SSN, and ownership percentage of owners and investors. What should we put down for the Date of Birth if the investor is a corporation?
A: The date the corporation was formed.
Q: I am preparing the information for the background check and financial history on a financier. He is reluctant to release his bank statements with his account number on them. Can that information be redacted?
A: The only bank records the city is currently requiring are for the business entity.
Q: If a financier of a medical marijuana business is another business entity, what documentation is needed to conduct a background and financial check?
A: For each business entity which is a financier in a medical marijuana business:
Q: I don't understand the "and / or" component in question 23 of the Background Check form.
A: This question is asking for the date that your Sales and Use Tax License was issued OR the date that you filed for a Sales and Use Tax License.
Q: On page 5 of the business license, under Attachment B, for background check, the description of who must file for a background check differs from what it says on the Background Check document.
A: The strictest requirement applies.
You must include in the Background Check and Financial Interest Form for fingerprinting the following:
Q: What are we required to do for a background check, other than giving you a check for $38.50 for each fingerprint card submitted?
A: For the background check requirements, please see Attachment B to the application.
Q: Do you require an original of each background form and fingerprint card for the same individual for each application?
A: The City needs only one background check for an individual even if that individual is a party to several licenses.
Q: On page 1 of "City of Boulder Medical Marijuana Business License Background Check and Financial Interest Record," question # 8: Does this question refer to ownership interest in the current applicant?
A: Each question must be answered by each individual, including each person with an ownership or financial interest in applicant and a separate complete Background Check and Financial Interest Record Form must be filed for each individual that is required to obtain a background check for the business.
This is stated on page 2 of the Checklist for all of the documents to be submitted with an application as Attachment B
Q: Is there a time limitation on how far back we would go in including misdemeanor convictions?
A: No. There is no time limit. Any recent or repetitive infractions may be problematic.
Q: If a MMB license application is rejected because one of the key people is not of good moral character, is the whole business license application denied or simply the person who failed to meet the standards?
A: If one person's background check or financial interest research done by the city indicates denial, then the whole Medical Marijuana Business License application will be denied.
The new application would require a new MMB license application, new license fees, and the business could not operate legally until all required licenses were issued.
Q: Do you need bank statements for just the business or for everyone with a financial interest in a licensee?
A: The Financial Interest Record has been amended to require only 3 months of bank records for only the MM business applying for the license.
Q: Our business is small and has no employees. The owners are currently not taking home paychecks. Do we still need workers compensation insurance?
A: Worker's compensation insurance is a requirement of state and federal law. The city cannot give individual legal advice and answering the question would be giving individual legal advice on the application of state and federal law.
With respect to application of the Boulder Code, all MMBs must provide evidence of insurance as specified in Section 4-1-8, "Insurance Required", B.R.C. 1981, which includes worker's compensation insurance if required by state or federal law.
Q: What are the insurance requirements for a medical marijuana business?
Q: Can we use one insurance policy for two businesses (a cultivation facility and a center) or do we need two separate policies?
A: Section 6-14-4(c), B.R.C. 1981 specifies the minimum insurance required by the city, but there is no maximum.
Therefore, the certificate of insurance can cover more than the city's minimum. However, to submit the same insurance policy for two separate businesses, you must submit a certificate of insurance with each application. The certificate submitted with an application must verify that there is at least the minimum insurance required for the applicant.
Q: What document does the city want from the Secretary of State for my corporation?
A: If your corporation is in good standing with the state, a "Certificate of Good Standing" can be printed from the Secretary of State website.
Submit this certificate with your medical marijuana business license application.
The date on the certificate cannot be more than 30 days before the application is submitted to the city.
The website is: http://www.sos.state.co.us/biz/BusinessEntityCriteriaExt.do
Q: In our application to the state, as an LLC, we simply provided a copy of our Articles of Organization as it prints out from the Secretary of State website. When you say that the copy we provide must be stamped by the Secretary of State, what do you mean?
A: The city will accept a color copy of the "Certificate of Good Standing" printout from the Secretary of State website as documents stamped by the Secretary of State.
Q: What does a Neighborhood Responsibility Plan include?
A: The Neighborhood Responsibility Plan (described in Section 6-14-5(a)(6)(C), B.R.C. 1981) must demonstrate how the business will fulfill its responsibilities to the neighborhood, including a description of:
Q: I am finalizing the MMB business application and am unclear what the city is requesting in terms of the exterior lighting plan for our dispensary. Can you give a detailed description of what is required with this application?
A: Section 6-14-5(a)(8), B.R.C. 1981 requires a "lighting plan showing the lighting outside of the medical marijuana business for security purposes and compliance with applicable City requirements." The plan must comply with Section 9-9-16 , "Lighting, Outdoor," B.R.C. 1981 and provide safety to patients and the public outside of the premises.
The specifics of the plan will depend on the specifics of the outside of the business location, including the placement of walls, sidewalks, streets, landscaping, traveling path for vehicles and pedestrians, and other items that may block visibility or otherwise impact safety.
Last Updated on Tuesday, 10 July 2012 15:30