Section 1300.410  License Denial and Prohibitions

a)         An application for an Infuser License must be denied if any of the following conditions are met:

1)         The applicant failed to submit the materials required by this Part;

2)         The applicant would not be in compliance with local zoning rules issued in accordance with the Act;

3)         One or more of the prospective principal officers or board members has violated the Act or this Part;

4)         One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or infuser that has had its registration revoked or suspended;

5)         One or more of the principal officers or board members is under 21 years of age;

6)         A principal officer or board member of the infuser has failed a background check under Section 5-20 of the Act;

7)         The person has submitted an application for license that contains false information;

8)         If the licensee, principal officer, board member, person having a financial or voting interest of 5% or greater in the licensee, or an agent of these entities is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/35-20]

9)         The infuser is located in an area zoned for residential use.

b)         The Department may suspend or revoke an Infuser License for violations of the Act and/or this Part.

c)         No infuser license issued by the Department shall be issued to a person who is licensed by any licensing authority as an infuser, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as an infuser, or to any principal officer, agent, employee, or human being with any form of ownership or control over an infuser except for a person who owns no more than 5% of the outstanding shares of an infuser whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.