CSV.8.5.010 Applications for Production and Processor Licensing Agreements

(a) Any person or Hemp Business, including a Tribally Owned Corporation, who wishes to produce or process Hemp at any lot within the Tribe's jurisdiction, shall submit to the Director of the Agricultural Division a completed application for a Production Licensing Agreement and/or Processor Licensing Agreement.

(b) Tribal preference in licensing shall be given to Tribally Owned Corporation(s) and to Lac Courte Oreilles citizens (members).

(d) A Licensed Producer or Licensed Processor may co-operate at the same location. However, each noncontiguous land area on which Hemp is produced or processed shall require a separate licensing agreement. Any addition to a Lot shall require consent of the Agricultural Division and modification of the Production Licensing Agreement.

(e) No person may cultivate, dry, harvest or store Hemp at any lot within the jurisdiction of the Tribe without a Production Licensing Agreement.

(f) No person may process, handle, convert Hemp into a marketable form, or store Hemp at any lot within the jurisdiction of the Tribe without a Production Licensing Agreement or Processor Licensing Agreement with the exception of Hemp products that fall within the definition of a Publicly Marketable Hemp Product and persons who already have a Production Licensing Agreement.

(g) The application shall at a minimum include the following:

(1) Full name, residential address, telephone number, and email address, if an email address is available; and

(2) Business name, EIN number, all persons with a financial interest in the business, type of business entity (such as a corporation, LLC, partnership, sole proprietor etc.), business address. Email address, and phone number; and

(3) Documentation showing either a valid tenancy, ownership or other legal interest showing possession of the property where Hemp production, or processing will occur; and

(4) Documentation establishing membership in the Tribe, if applicable; and

(5) Street address, location ID, legal description and/or global positioning system coordinates for each proposed lot where Hemp will be produced and processed; and

(6) Where available, geospatial location as identified by the USDA Farm Service Agency for each proposed lot where Hemp will be produced or processed; and

(7) Information regarding any other Hemp production or processing facility that is licensed in any other jurisdiction owned in whole or in part by any person with a Financial Interest in the Applicant, including any violations, citations, or license revocations of any other Hemp license in any other jurisdiction; and

(8) Criminal History Report and consent authorizing the Agricultural Division to conduct a criminal background check on the Applicant and anyone with a Financial Interest in the Hemp Business; and

(9) Licensing fees, which the Agricultural Division shall reasonably set and collect to cover the costs of licensing and regulation. Failure to pay the fees will result in the denial of an application; and

(h) A business plan and/or operations plan shall be included with the application that includes at a minimum the following:

(1) The lot to be used for Hemp production or processing; and

(2) A brief description of Hemp production and/or processing activities; and

(3) The anticipated or actual number of employees and the name of the project manager if not the same as Applicant's Signing Authority; and

(4) A description of Seed, Certified Seed, Variety, or Propagule to be used for production and the planned Seed Source or source of Propagules; and

(5) The number of anticipated Hemp plants under production; and

(6) A list of all Pesticides and other chemicals proposed for use; and

(7) Identification of all persons with a Financial Interest in the Hemp Business; and

(8) A statement of previous farming experience, if any.

(i) Any person convicted of a felony relating to a controlled substance under state or Federal law shall be ineligible, during the ten (10) year period following the date of the conviction to receive a license to produce or process Hemp, unless that person was convicted of a felony related to the lawful production of Hemp under the 2014 Farm Bill and the conviction occurred before December 20, 2018.

(j) No later than fifteen (15) days from submission of an application, the Agricultural Division shall notify the Applicant if additional information is needed. Applicants that fail to provide additional information to the Agricultural Division within thirty (30) days of any request for additional information shall be automatically denied. Applicants that are denied for failure to provide additional information may reapply to the Agricultural Division without prejudice.

(k) Applications shall be approved, conditionally approved or denied by the Agricultural Division within thirty (30) days of submission. The Agricultural Division shall notify Applicants by letter or email whether the application has been approved, conditionally approved or denied.

(l) Applicant shall submit a sworn statement submitting to the Tribe's jurisdiction to resolve any disputes arising under this ordinance and any action by the Agricultural Division or the Tribe in general.