Cannabis Retail - Conditions
As part of the AGCO’s risk-based licensing approach, one or more conditions may be attached to a CROL, CRML and/or CRSA by the Registrar to help the licensee minimize risks identified during the assessment process. Below is a complete list of the conditions approved by the AGCO Board of Directors, which the Registrar may impose:
| # | Condition | |
|---|---|---|
| Honesty, Integrity and Financial Responsibility | ||
| 1 | The holder of the licence and/or authorization shall notify the Registrar in writing within five (5) business days of entering into any agreement with respect to changes in ownership, control or affiliations of the licence holder or authorized store and provide proof that the agreement complies with all regulatory requirements and/or the lottery rules. | |
| 2 | A licensed retail manager or the licensed operator must be onsite at the authorized store at all times while the authorized store is open. | |
| 3 | The holder of the licence and/or authorization shall have a written code of conduct for employees and provide proof that employees have read and understand the requirements. | |
| 4 | The holder of the licence and/or authorization must notify the Registrar in writing within five (5) business days of any new source of funds used to support operations of the holder of the licence and/or the authorization or operations of the authorized store. | |
| 5 | A licensed retail manager must perform the following duties at the store: (DUTIES) | |
| Minors | ||
| 6 | The holder of the licence and/or authorization shall ensure that the identification of every individual who appears to be under the age of 25 years is inspected at entrance(s) to the authorized store and at the point(s) of sale. | |
| Safety and Security | ||
| 7 | The holder of the licence and/or authorization shall maintain a log confirming the security camera equipment is functioning at all times. The logs shall be made available for inspection and review upon request by the AGCO. | |
| 8 | The holder of the licence and/or authorization shall retain all surveillance recordings for at least XXX day(s). | |
| 9 | The holder of the licence and/or authorization shall ensure that there is a sufficient number of licensed and visibly identifiable security personnel at all times while the authorized store is open. | |
| 10 | The authorized store shall be staffed with at least XX (number of) licensed and visibly identifiable security guard(s) from XX:XX (am/pm) until closing. | |
| 11 | The authorized store must be equipped with a working monitored alarm system to detect and log attempted unauthorized access to and unauthorized movement within the authorized store premises. | |
| 12 | The holder of the licence and/or retail store authorization shall ensure that measures are in place to prevent and address disorderly conduct on the authorized store premises, property adjacent to and in the vicinity of the premises by persons either waiting to enter or persons exiting the premises. | |
| Prohibited Person(s) | ||
| 13 | The holder of the licence and/or authorization shall ensure that the following individual(s) is/are not permitted to enter or be at the authorized store: (NAMES) | |
| 14 | The holder of the licence and/or authorization shall ensure the following persons have no involvement in the business operations of the authorized store, including as an officer, director, shareholder or owner and/or have no involvement or beneficial or financial interest in the business or ongoing operations of the licence: (NAME(S) | |
| 15 | The holder of the licence and/or authorization shall ensure that the following individual(s) is/are not permitted in the authorized store except to perform duties arising from his/her position as landlord or sub-landlord in accordance with the following terms: (NAME(S) (TERM (S) | |
| 16 | The holder of the licence and/or authorization shall ensure that the following individual(s) is/are not involved directly or indirectly in the operation and financing of the business: | |
| 17 | The holder of the licence and/or authorization shall not employ the following individual (s) in any capacity: (NAME(S) | |
| Product Security and Record-Keeping | ||
| 18 | The holder of the licence and/or authorization must ensure that physical inventory counts are carried out on a daily basis for each day that the authorized store is open, that a log is kept, and any discrepancies are reported in writing to the AGCO within 24 hours. | |
| 19 | The holder of the licence and/or authorization must submit in writing a report to the AGCO on a biweekly/weekly basis of all inventory movements of cannabis products. | |
| 20 | The holder of the licence and/or authorization shall ensure that all employees are subject to screening for stolen product before exiting the authorized store. | |
| 21 | The holder of the licence may not transport cannabis between their authorized store locations. | |
| 22 | The holder of the licence and/or authorization must notify the AGCO in writing within 72 hours in advance of destroying any cannabis. | |
| 23 | The holder of the licence and/or authorization must ensure that after operating hours, all cannabis is locked in a secure storage room accessible only by authorized staff. | |
| 24 | The holder of the licence and/or authorization must maintain a list of employees that are authorized to access the secure cannabis storage room. | |
| 25 | The secure cannabis storage room may not be used for any other purpose other than the storage of cannabis. | |
| 26 | The holder of the licence and/or authorization must ensure that sensory display containers are physically tethered or affixed to a secure surface. | |
| 27 | The holder of the licence and/or authorization may not use sensory display containers in the authorized store. | |
| 28 | The holder of the licence and/or authorization must ensure that patrons do not handle any cannabis until it is purchased. | |
| Compliance Plans | ||
| 29 | The holder of the licence and/or authorization (applicant) shall submit by (DATE) a proposed compliance plan to the Registrar for review and filing that addresses the objectives identified by the Registrar, including but not limited to the following issues: (ISSUE TYPES) | |
| 30 | The holder of the licence and/or authorization (applicant) shall submit by (DATE) a proposed compliance plan to the Registrar for review and approval that addresses the objectives identified by the Registrar, including but not limited to the following issues: (ISSUE TYPES) | |
| 31 | The holder of the licence and/or authorization (applicant) shall comply with the compliance plan filed with the Registrar. | |
| 32 | The holder of the licence and/or authorization (applicant) shall comply with the compliance plan approved by the Registrar. | |
| 33 | The holder of the licence and/or authorization shall keep the compliance plan onsite at their authorized store(s) and make it available to AGCO upon request. | |
Cannabis Retail - Plans
As part of the AGCO’s risk-based licensing approach, the Registrar may require that a licensee prepare one or more plans to address areas of risk identified during the assessment process. Below is the type of plan the Registrar may require:
Compliance Plan
A compliance plan is designed to ensure that the retailer is operating in compliance with the overall cannabis retail regulatory regime in place in Ontario, helping to protect the public-at-large, as well as the licensee, from potential harm caused when regulatory requirements are not followed. The plan must support the licensee in getting back into compliance by identifying best practices, policies and other requirements that the licensee will adopt in order to achieve specific and general compliance goals, with a primary focus on the regulatory requirements that are specific to retail cannabis licensees.
This includes reasonably addressing issues such as record-keeping and inventory management, safety and security, management structure and policies, preventing access by minors, preventing illicit activity, the type of products available for sale, staff training, store policies, internal control issues, and other general compliance issues.