§206. Denial of license
1. Denial for good cause. The department, for good cause, may deny an application for an initial license, a license renewal, a transfer of ownership interests or a relocation of licensed premises. Denial of an application by the department pursuant to this section constitutes a final agency action as defined in Title 5, section 8002, subsection 4.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
2. Good cause defined. As used in this section, "good cause" means a finding by the department that:
A. An applicant or licensee has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this chapter, the rules adopted pursuant to this chapter or any other applicable state or local law, rule or regulation; or [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. An applicant or licensee has failed to comply with any special terms, consent decree or conditions placed upon the previously issued license pursuant to an order of the department; the municipality in which the licensed premises are located; the town or plantation in the unorganized and deorganized areas in which the licensed premises are located; in the case of a township in the unorganized and deorganized areas in which the licensed premises are located, the county commissioners of the county in which the township is located; or, in the case of a cannabis establishment located in the unorganized and deorganized areas, the Maine Land Use Planning Commission. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3. Notification of denial and right to appeal. Upon the department's determination to deny a license application, the department shall notify the applicant in writing of the denial, the basis for the denial and the applicant's right to appeal the denial to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).
Structure Maine Revised Statutes
TITLE 28-B: ADULT USE CANNABIS
Chapter 1: CANNABIS LEGALIZATION ACT
Subchapter 2: GENERAL LICENSING REQUIREMENTS
28-B §201. License process; license types
28-B §202. General licensing criteria
28-B §203. Additional licensing considerations
28-B §204. Criminal history record check
28-B §205. Application process; issuance of license
28-B §207. Application fees; license fees
28-B §210. Transfer of ownership interests
28-B §211. Relocation of licensed premises
28-B §212. Termination of license
28-B §213. Notice of new owner, officer, manager or employee
28-B §215. Notification to municipality; sharing of information with Bureau of Revenue Services