Senate Bill 1939: License Transfers & Renewal Application Time Frames
Effective Nov. 1, 2024, Senate Bill 1939 will change commercial license renewal application time frames and the license transfer process.
For renewal applications, there will be a 120-day grace period for licensees with expiration dates between Nov. 1, 2024, and March 1, 2025. Under this grace period, applications must be submitted before their expiration dates to be considered “timely.” All other licensees with expiration dates post-March 1, 2025, must submit renewal applications pursuant to the graphic below:
A license transfer application differs from a renewal application.
Licensees intending to transfer or sell any percentage of a business must undergo the new license transfer process required by Senate Bill 1939. New definitions for “change of ownership request”, “license transfer application”, “location change request”, and “name change request” are added to OMMA Rules at OAC 442:10-1-4. The new license transfer requirements have been added to OMMA Rules at OAC 442:10-5-2(f). License transfer applications or other material change applications that affect a licensee’s qualifications for licensure shall not occur during the renewal application and must be submitted in a separate application.
The seller is responsible for ensuring the license remains active throughout the transfer process. 63 O.S. § 427.14c(C). This includes the timely submission of the renewal application and payment of the renewal application and tier fees. 63 O.S. 427.14c(C). Upon submission of the transfer application, the new owner is responsible for paying an application fee of $2,500 plus the tier fee. 63 O.S. § 427.14c(H). The tier fee paid by the new owner is calculated based on the seller’s use of the license during the previous 12 months. 63 O.S. § 427.14.
When both a renewal and a transfer application are pending, OMMA prioritizes processing the renewal application first. Once all fees associated with the renewal application are paid, OMMA processes the transfer application. 63 O.S. 427.14(G)(1). Upon approval of the new owner’s OBNDD registration, the license term for the newly transferred license will begin. 63 O.S. § 427.14c(B). The fee for location change requests remains $500. OAC 442:10-5-2(e)(2)(A).
Note: Pursuant to 63 O.S. § 427.14(N), a renewal application is only considered timely if submitted between 120 and 60 days before the license expiration date. An application submitted less than 60 days before expiration is not considered a timely renewal submission; however, a renewal application submitted less than 60 days before expiration but before the license expires will not incur a late fee. In this case, the license will expire on its expiration date and remain expired until OMMA approves the renewal application. A renewal application submitted after the license has expired incurs a late fee of $500 per week, and the licensee cannot operate while the license is in expired status. The license may not be used until OMMA approves the renewal application. A license that has been expired for more than 60 calendar days cannot be renewed.
License Transfer Process Under SB 1939
If you are the current owner initiating a license transfer:
1. Log in to the Thentia licensing portal.
2. Select business portal.
3. Select the business profile.
4. Select the license you would like to transfer.
5. Select transfer code.
6. Select generate transfer code.
7. Upload your written transfer agreement.
8. After you submit your transfer agreement, a transfer code will be generated and will display on screen with the license information of the license you selected to transfer.
9. Provide the transfer code and license number to the new owner.
*Please be aware that if you grant the new owner access to your profile in the licensing portal, the new owner will be able to access all licenses tied to your login credentials.
If you are the new owner taking over the business:
1. Log in to the Thentia licensing portal. If you don’t have existing login credentials, you can create them in the licensing portal.
2. Select business portal.
3. Select the business profile or create a new profile if needed.
4. Select transfer business license.
5. Enter the license number and transfer code you received from the current owner, then select search. The license information will appear under license details.
6. Select start transfer.
7. Fill out the application as the new owner of the license. The application must be fully completed, meeting all requirements for licensure or it will be rejected or denied.
8. Once you complete the application and submit payment, the application will be sent to OMMA for review.
*You will receive an update on your application within 90 business days. If OMMA determines the application is incomplete, you may be required to provide additional information. If you are required to resubmit your application, you will receive a written status update from OMMA within 90 business days of the resubmission date. To view the status of your application, visit the dashboard within the business portal.
OBNDD Registration:
1. If OMMA approves your application, you must submit a new OBNDD registration application. You’ll receive next steps from OBNDD regarding your registration application. You will not own the OMMA license and cannot operate under the license until the OBNDD registration is approved.
*If OBNDD denies your registration application, the license transfer will be canceled, and the license will revert back to the ownership structure that existed prior to the attempted change. If the OBNDD registration is approved, you’ll receive a new 12-month OMMA license period in accordance with the approval date.
There is a 15 business day window after the approval of the OBNDD registration to transfer product in Metrc. After that period of time, the prior owner will be removed from the license.
For all questions about timelines, please refer to SB 1939 for clarification. This bill was passed during the 2024 legislative session, mandating OMMA to implement this new license transfer process starting November 1, 2024.
FOR A DETAILED STEP-BY-STEP OF THE PROCESS, CHECK OUT THE VIDEO BELOW:
Common Questions
Q: What is considered a transfer agreement?
A: A document that conveys complete or partial ownership of a license from one individual or entity to another. View the list of required documents in the Commercial Application Checklist.
Q: Is obtaining written approval a separate action from the ownership transfer application?
A: Written approval is an email from the licensing vendor indicating the OMMA license transfer application has been approved. This email notification is standard practice for notifying applicants of their application status.
Q: What documentation is required to obtain written approval for the transfer?
A: All documentation necessary to meet licensure requirements must be uploaded within the transfer application in the licensing portal. View the full list of requirements in the Commercial Application Checklist.