50-46-312. (Effective June 30, 2017) License as privilege -- criteria. (1) A provider license is a privilege that the state may grant to an applicant and is not a right to which an applicant is entitled. In making a licensing decision, the department shall consider:
(a) the qualifications of the applicant; and
(b) the suitability of the proposed registered premises.
(2) The department may deny or revoke a license based on proof that the applicant made a false statement in any part of the original application or renewal application.
(3) (a) The department may deny a license if the applicant's proposed registered premises:
(i) is situated within a zone of a city, town, or county where an activity related to the medical use of marijuana is prohibited by ordinance or resolution, a certified copy of which has been filed with the department;
(ii) is within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises.
(iii) is not approved by local building, health, or fire officials; or
(iv) will adversely affect the welfare of the people residing in or of retail businesses located in the vicinity.
(b) For the purposes of this subsection (3), "school" and "postsecondary school" have the meanings provided in 20-5-402.