SB486,,195195c. In 2 or more cases arising out of separate incidents, a court has found the person to have committed a violation of s. 346.63 or a local ordinance in conformity with that section; a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63; or a violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction’s laws.
SB486,,1961965. The person has income that comes principally from gambling or has been convicted of 2 or more gambling offenses.
SB486,,1971976. The person has been convicted of crimes relating to prostitution.
SB486,,1981987. The person has been convicted of of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.
SB486,,1991998. The person is under the age of 21.
SB486,,2002009. The person has not been a resident of this state continuously for at least 90 days prior to the application date.
SB486,,201201(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more employees may not receive a permit under this section to operate as a marijuana distributor or marijuana retailer unless the applicant certifies to the department that the applicant has entered into a labor peace agreement, as defined in s. 94.56 (1) (a), and will abide by the terms of the agreement as a condition of maintaining a valid permit under this section. The applicant shall submit to the department a copy of the page of the labor peace agreement that contains the signatures of the labor organization representative and the applicant.
SB486,,202202(cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall issue permits to the highest scoring applicants that it determines will best protect the environment; provide stable, family-supporting jobs to local residents; ensure worker and consumer safety; operate secure facilities; and uphold the laws of the jurisdictions in which they operate. The department shall, using criteria established by rule, score an applicant for a permit to operate as a marijuana retailer or as an operator of a marijuana lounge on the applicant’s ability to articulate a social equity plan related to the operation of a marijuana retail establishment. The department may deny a permit to an applicant with a low score as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.
SB486,,203203(cs) A permit under this section for an operator of a marijuana lounge may authorize the operation of a marijuana lounge only in a municipality or county that has enacted an ordinance authorizing the establishment of marijuana lounges in the municipality or county.
SB486,,204204(ct) No marijuana retailer or operator of a marijuana lounge may hold a permit or license to sell alcohol, tobacco products, or cigarettes on the premises of the retail operation or lounge.
SB486,,205205(d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer, marijuana processor, marijuana distributor, marijuana retailer, microbusiness, or marijuana lounge. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality’s request, the department may extend the period for filing objections.
SB486,,2062062. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit or the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant’s patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “chronic illegal activity” means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and that is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.
SB486,,207207(e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.
SB486,,208208(f) 1. The department’s denial of a permit under this section is subject to judicial review under ch. 227.
SB486,,2092092. The department’s decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.
SB486,,210210(g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).
SB486,,211211(2) Each person who applies for a permit under this section shall submit with the application a $250 fee. Each person who is granted a permit under this section shall annually pay to the department a $2,000 fee for as long as the person holds a valid permit under this section. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person’s permit is denied, revoked, or suspended.
SB486,,212212(3) The department may not issue a permit under this section to operate any premises which are within 500 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation facility, child care facility, public park, public transit facility, or library.
SB486,,213213(4) Under this section, a separate permit is required for and issued to each class of permittee, and the permit holder may perform only the operations authorized by the permit. A permit issued under this section is not transferable from one person to another or from one premises to another. A separate permit is required for each place in this state where the operations of a marijuana producer, marijuana processor, marijuana distributor, marijuana retailer, operator of a marijuana lounge, or microbusiness occur, including each retail outlet. No person who has been issued a permit to operate as a marijuana retailer or operator of a marijuana lounge, or who has any direct or indirect financial interest in the operation of a marijuana retailer or operator of a marijuana lounge, shall be issued a permit to operate as a marijuana producer, marijuana processor, or marijuana distributor. A person who has been issued a permit to operate as a microbusiness is not required to hold separate permits to operate as a marijuana processor, marijuana distributor, or marijuana retailer, but shall specify on the person’s application for a microbusiness permit the activities that the person will be engaged in as a microbusiness.
SB486,,214214(5) Each person issued a permit under this section shall post the permit in a conspicuous place on the premises to which the permit relates.
SB486,,215215139.973 Regulation. (1) (a) No permittee may employ an individual who is under the age of 21 to work in the business to which the permit relates.
SB486,,216216(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the individual.
SB486,,217217(2) A retail outlet other than a marijuana lounge shall sell no products or services other than usable marijuana or paraphernalia intended for the storage or use of usable marijuana.
SB486,,218218(3) No marijuana retailer or operator of a marijuana lounge may allow a person who is under the age of 21 to enter or be on the premises of a retail outlet in violation of s. 961.71 (2m), unless that person is a qualifying patient, as defined in s. 73.17 (1) (d).
SB486,,219219(4) The maximum amount of usable marijuana that a retail outlet may sell to an individual consumer in a single transaction may not exceed a permissible amount, as defined in s. 961.70 (3).
SB486,,220220(4m) A marijuana retailer or operator of a marijuana lounge may not collect, retain, or distribute personal information regarding the retailer’s or operator’s customers except that which is necessary to complete a sale of usable marijuana.
SB486,,221221(5) No marijuana retailer may display any signage in a window, on a door, or on the outside of the premises of a retail outlet that is visible to the general public from a public right-of-way, other than a single sign that is no larger than 1,600 square inches identifying the retail outlet by the permittee’s business or trade name.
SB486,,222222(6) No marijuana retailer or operator of a marijuana lounge may display usable marijuana in a manner that is visible to the general public from a public right-of-way.
SB486,,223223(7) No marijuana retailer or employee of a retail outlet may consume, or allow to be consumed, any usable marijuana on the premises of the retail outlet.