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2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g)
6(a), unless pardoned.
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3. During the preceding 3 years, the person has been committed under s. 51.20
8for being drug dependent.
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4. The person chronically and habitually uses alcohol beverages or other
10substances to the extent that his or her normal faculties are impaired. A person is
11presumed to chronically and habitually use alcohol beverages or other substances to
12the extent that his or her normal faculties are impaired if, within the preceding 3
13years, any of the following applies:
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a. The person has been committed for involuntary treatment under s. 51.45
15(13).
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b. The person has been convicted of a violation of s. 941.20 (1) (b).
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c. In 2 or more cases arising out of separate incidents, a court has found the
18person to have committed a violation of s. 346.63 or a local ordinance in conformity
19with that section; a violation of a law of a federally recognized American Indian tribe
20or band in this state in conformity with s. 346.63; or a violation of the law of another
21jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while
22intoxicated, while under the influence of a controlled substance, a controlled
23substance analog, or a combination thereof, with an excess or specified range of
24alcohol concentration, or while under the influence of any drug to a degree that
1renders the person incapable of safely driving, as those or substantially similar
2terms are used in that jurisdiction's laws.
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5. The person has income that comes principally from gambling or has been
4convicted of 2 or more gambling offenses.
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6. The person has been guilty of crimes relating to prostitution.
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7. The person has been guilty of crimes relating to loaning money or anything
7of value to persons holding licenses or permits pursuant to ch. 125.
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8. The person is under the age of 21.
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9. The person has not been a resident of this state continuously for at least 90
10days prior to the application date.
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(cm) Notwithstanding ss. 66.0134 and 947.21, an applicant with 20 or more
12employees may not receive a permit under this section to operate as a marijuana
13distributor or marijuana retailer unless the applicant certifies to the department
14that the applicant has entered into a labor peace agreement, as defined in s. 94.56
15(1) (a), and will abide by the terms of the agreement as a condition of maintaining
16a valid permit under this section. The applicant shall submit to the department a
17copy of the page of the labor peace agreement that contains the signatures of the
18union representative and the applicant.
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(cn) The department shall use a competitive scoring system to determine which
20applicants are eligible to receive a permit under this section. The department shall
21issue permits to the highest scoring applicants that it determines will best protect
22the environment; provide stable, family-supporting jobs to local residents; ensure
23worker and consumer safety; operate secure facilities; and uphold the laws of the
24jurisdictions in which they operate. The department may deny a permit to an
25applicant with a low score, as determined under this paragraph. The department
1may request that the applicant provide any information or documentation that the
2department deems necessary for purposes of making a determination under this
3paragraph.
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(d) 1. Before the department issues a new or renewed permit under this section,
5the department shall give notice of the permit application to the governing body of
6the municipality where the permit applicant intends to operate the premises of a
7marijuana producer, marijuana processor, marijuana distributor, marijuana
8retailer, or microbusiness. No later than 30 days after the department submits the
9notice, the governing body of the municipality may file with the department a written
10objection to granting or renewing the permit. At the municipality's request, the
11department may extend the period for filing objections.
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2. A written objection filed under subd. 1. shall provide all the facts on which
13the objection is based. In determining whether to grant or deny a permit for which
14an objection has been filed under this paragraph, the department shall give
15substantial weight to objections from a municipality based on chronic illegal activity
16associated with the premises for which the applicant seeks a permit, the premises
17of any other operation in this state for which the applicant holds or has held a valid
18permit or license, the conduct of the applicant's patrons inside or outside the
19premises of any other operation in this state for which the applicant holds or has held
20a valid permit or license, and local zoning ordinances. In this subdivision, “
chronic
21illegal activity" means a pervasive pattern of activity that threatens the public
22health, safety, and welfare of the municipality, including any crime or ordinance
23violation, and is documented in crime statistics, police reports, emergency medical
24response data, calls for service, field data, or similar law enforcement agency records.
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1(e) After denying a permit, the department shall immediately notify the
2applicant in writing of the denial and the reasons for the denial. After making a
3decision to grant or deny a permit for which a municipality has filed an objection
4under par. (d), the department shall immediately notify the governing body of the
5municipality in writing of its decision and the reasons for the decision.
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(f) 1. The department's denial of a permit under this section is subject to judicial
7review under ch. 227.
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2. The department's decision to grant a permit under this section regardless of
9an objection filed under par. (d) is subject to judicial review under ch. 227.
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(g) The department shall not issue a permit under this section to any person
11who does not hold a valid certificate under s. 73.03 (50).
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12(2) Each person who applies for a permit under this section shall submit with
13the application a $250 fee. Each person who is granted a permit under this section
14shall annually pay to the department a $2,000 fee for as long as the person holds a
15valid permit under this section. A permit issued under this section is valid for one
16year and may be renewed, except that the department may revoke or suspend a
17permit prior to its expiration. A person is not entitled to a refund of the fees paid
18under this subsection if the person's permit is denied, revoked, or suspended.
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19(3) The department may not issue a permit under this section to operate any
20premises which are within 500 feet of the perimeter of the grounds of any elementary
21or secondary school, playground, recreation facility, child care facility, public park,
22public transit facility, or library.
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23(4) Under this section, a separate permit is required for and issued to each class
24of permittee, and the permit holder may perform only the operations authorized by
25the permit. A permit issued under this section is not transferable from one person
1to another or from one premises to another. A separate permit is required for each
2place in this state where the operations of a marijuana producer, marijuana
3processor, marijuana distributor, marijuana retailer, or microbusiness occur,
4including each retail outlet. No person who has been issued a permit to operate as
5a marijuana retailer, or who has any direct or indirect financial interest in the
6operation of a marijuana retailer, shall be issued a permit to operate as a marijuana
7producer, marijuana processor, or marijuana distributor. A person who has been
8issued a permit to operate as a microbusiness is not required to hold separate permits
9to operate as a marijuana processor, marijuana distributor, or marijuana retailer,
10but shall specify on the person's application for a microbusiness permit the activities
11that the person will be engaged in as a microbusiness.
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12(5) Each person issued a permit under this section shall post the permit in a
13conspicuous place on the premises to which the permit relates.
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14139.973 Regulation. (1) (a) No permittee may employ an individual who is
15under the age of 21 to work in the business to which the permit relates.
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(b) Subject to ss. 111.321, 111.322, and 111.335, no permittee may employ an
17individual if any of the conditions under s. 139.972 (1) (c) 1. to 7. applies to the
18individual.
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19(2) A retail outlet shall sell no products or services other than usable marijuana
20or paraphernalia intended for the storage or use of usable marijuana.
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21(3) No marijuana retailer may allow a person who is under the age of 21 to enter
22or be on the premises of a retail outlet in violation of s. 961.71 (2m).
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23(4) The maximum amount of usable marijuana that a retail outlet may sell to
24an individual consumer in a single transaction may not exceed the permissible
25amount under s. 961.70 (5).
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1(4m) A marijuana retailer may not collect, retain, or distribute personal
2information regarding the retailer's customers except that which is necessary to
3complete a sale of usable marijuana.