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And_they_still_have_the_Cajones_to_Blatantly_BS_investors.
Somehow in their latest pr news release they continue to tout having TWO production facilities operating even though the KAYA FARMS that operated out of Eugene has been shut down months ago for misrepresentation of financial control and other violations by the OLCC (Oregon's state cannabis regulatory authority)
Cranky Franky and Dirty Dave still up to their age old antics.
Btw... it also appears that they lost one (or two?) of the four retail shops they were operating at their peak.
Strange trends for a rising star. Buyer beware!
LOL! Wow" dude"!? You've been hyping this POS company since 2017!
Hopefully you haven't been holding on to tightly to those 200,000 shares you said you bought back in the day as they're only worth about 20% of what they were back in 2017.
Considering the consistent downward spiral that Dirty Dave and Cranky Frank have driven all the way to this recent reverse split, I can't imagine that any smart investors would still be playing in this tepid pool. And based on recent volume it would appear that I'm right.
BTW, since you asked, I more than tripled my investment in KAYS only because I saw the writing on the wall and sold all I owned of this POS before you even started posting on this board and before you're first stated purchased investment.
FYI... "Dude" is generally not how you address a lady. LOL!
Good luck to you!
KAYS_LOSES_TWO_LICENSES_FOR_ILLEGAL_ACTIONS in a judgement from OLCC, Oregon's marijuana regulatory commission.
Funny how Dirty Dave and Frank the Crank are still putting out false pr's claiming to be vertically integrated.Just to clarify what the behind the scenes information I shared means. That's the two licenses needed to be vertically integrated lost, Production and Processing both!
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#A8DF) (Processor)
OAR 845-025-1160(4) – On or before August 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025-1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory with a unique identification (UID) tag pursuant to the system requirements of METRC Cannabis Tracking System when there were several jars of marijuana in a room on the licensed premises that did not have UID tags on them.
(1ST Level Category III)
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when several jars of marijuana were in a room with glass exterior doors.
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s
Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#035C) (Producer)
OAR 845-025-1160(4) – On or before August 29 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(c), (d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory and marijuana plants that were at least twenty four inches or identified as female with unique identification (UID) tags pursuant to the system requirements of METRC Cannabis Tracking System when there were bags of marijuana trim in a freezer, marijuana in two different drying rooms, and immature marijuana plants that were identified as female on the licensed premises that did not have UID tags on them.
(1st Level Category III
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when marijuana was stored in rooms that did not have steel doors and the exterior door leading into the licensed premises was not a steel door with a steel frame.
(1st Level Category III)
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of
license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
In summary: KAYS_LOSES_TWO_LICENSES_FOR_ILLEGAL_ACTIONS in judgement from OLCC, Oregon's marijuana regulatory commission. Just to clarify what the behind the scenes information I shared means. That's two licenses needed to be vertically integrated lost, Production and Processing both!
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#A8DF) (Processor)
OAR 845-025-1160(4) – On or before August 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025-1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory with a unique identification (UID) tag pursuant to the system requirements of METRC Cannabis Tracking System when there were several jars of marijuana in a room on the licensed premises that did not have UID tags on them.
(1ST Level Category III)
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when several jars of marijuana were in a room with glass exterior doors.
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s
Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#035C) (Producer)
OAR 845-025-1160(4) – On or before August 29 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(c), (d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory and marijuana plants that were at least twenty four inches or identified as female with unique identification (UID) tags pursuant to the system requirements of METRC Cannabis Tracking System when there were bags of marijuana trim in a freezer, marijuana in two different drying rooms, and immature marijuana plants that were identified as female on the licensed premises that did not have UID tags on them.
(1st Level Category III
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when marijuana was stored in rooms that did not have steel doors and the exterior door leading into the licensed premises was not a steel door with a steel frame.
(1st Level Category III)
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of
license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Very surprising since the Kaya creeps have lost two licenses from playing crooked ball with the state and some unsuspecting investors.
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#A8DF) (Processor)
OAR 845-025-1160(4) – On or before August 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025-1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory with a unique identification (UID) tag pursuant to the system requirements of METRC Cannabis Tracking System when there were several jars of marijuana in a room on the licensed premises that did not have UID tags on them.
(1ST Level Category III)
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when several jars of marijuana were in a room with glass exterior doors.
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s
Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#035C) (Producer)
OAR 845-025-1160(4) – On or before August 29 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(c), (d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory and marijuana plants that were at least twenty four inches or identified as female with unique identification (UID) tags pursuant to the system requirements of METRC Cannabis Tracking System when there were bags of marijuana trim in a freezer, marijuana in two different drying rooms, and immature marijuana plants that were identified as female on the licensed premises that did not have UID tags on them.
(1st Level Category III
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when marijuana was stored in rooms that did not have steel doors and the exterior door leading into the licensed premises was not a steel door with a steel frame.
(1st Level Category III)
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of
license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Seems like KAYS isn't doing so well with processing edibles in their startup state ...KAYS LOSES BOTH LICENSES TO FARM AND PROCESS in Oregon! Well lookey here! Wouldn't ya know it the Kaya creeps have lost two licenses from playing crooked ball with the state and some unsuspecting investors.
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#A8DF) (Processor)
OAR 845-025-1160(4) – On or before August 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025-1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory with a unique identification (UID) tag pursuant to the system requirements of METRC Cannabis Tracking System when there were several jars of marijuana in a room on the licensed premises that did not have UID tags on them.
(1ST Level Category III)
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when several jars of marijuana were in a room with glass exterior doors.
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s
Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#035C) (Producer)
OAR 845-025-1160(4) – On or before August 29 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(c), (d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory and marijuana plants that were at least twenty four inches or identified as female with unique identification (UID) tags pursuant to the system requirements of METRC Cannabis Tracking System when there were bags of marijuana trim in a freezer, marijuana in two different drying rooms, and immature marijuana plants that were identified as female on the licensed premises that did not have UID tags on them.
(1st Level Category III
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when marijuana was stored in rooms that did not have steel doors and the exterior door leading into the licensed premises was not a steel door with a steel frame.
(1st Level Category III)
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of
license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Rather sloppy about it too. Looks like some of those discounted shares maybe were given to some overly trusting/ambitious "partners" that they decided not to inform the state about, resulting in the loss of two licenses for farming and processing marijuana that they clearly stated that they owned here but now looks like a grow house of cards.
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
KAYS LOSES BOTH LICENCES TO FARM AND PROCESS in Oregon! Well lookey here! Wouldn't ya know it the Kaya creeps have lost two licenses from playing crooked ball with the state and some unsuspecting investors.
https://www.oregon.gov/olcc/Docs/stipulated_settlements/marijuana/SSA_October2020_MJ.pdf
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#A8DF) (Processor)
OAR 845-025-1160(4) – On or before August 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025-1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory with a unique identification (UID) tag pursuant to the system requirements of METRC Cannabis Tracking System when there were several jars of marijuana in a room on the licensed premises that did not have UID tags on them.
(1ST Level Category III)
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when several jars of marijuana were in a room with glass exterior doors.
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s
Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
Sunstone Marketing Partners, LLC Robert Frey, Member/Manager dba KAYA FARMS (#035C) (Producer)
OAR 845-025-1160(4) – On or before August 29 18, 2018, Licensee or Licensee’s employees, agents, or representatives failed to notify the Commission of a change to its corporate or ownership structure, or in who has a financial interest in the business prior to making such a change when Bruce Burwick and/or MJAI Oregon 1, LLC obtained an ownership and/or financial interest in the licensed business without notification to or approval from the Commission prior to making the changes. Bruce Burwick obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or a financial interest, as defined in OAR 845-025-1015(26), in the licensed business by becoming a 50% member of the licensed entity, Sunstone Management Partners, LLC, and/or providing it with approximately $3 million in capital investments. MJAI Oregon 1, LLC obtained an ownership interest, as described in OAR 845-025- 1045(3), and/or financial interest, as defined in OAR 845-025-1015(26), in the licensed business by, including but not limited to: entering into a contract or contracts that allowed them to operate the licensed business, and subsequently operating the business, such that the performance of the business caused, or was capable of causing, them to benefit or suffer financially; and/or allowed them to exercise control over the business; incur debt or be entitled to incur debt or a similar obligation on behalf of the business; and/or enter into or be entitled to enter into a contract or a similar obligation on behalf of the business, other than as employees acting under the direction of the owner.
(Category I)
OAR 845-025-7520(1)(c), (d) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed to properly tag all marijuana inventory and marijuana plants that were at least twenty four inches or identified as female with unique identification (UID) tags pursuant to the system requirements of METRC Cannabis Tracking System when there were bags of marijuana trim in a freezer, marijuana in two different drying rooms, and immature marijuana plants that were identified as female on the licensed premises that did not have UID tags on them.
(1st Level Category III
OAR 845-025-1410(3)(b) - On or about July 18, 2019, Licensee or Licensee’s employees, agents, or representatives failed during all hours when Licensee was not operating to keep all useable marijuana enclosed in an area that was secured with a steel door with a steel frame when marijuana was stored in rooms that did not have steel doors and the exterior door leading into the licensed premises was not a steel door with a steel frame.
(1st Level Category III)
SYNOPSIS: An investigation showed that Licensee Sunstone Partners had entered into an agreement with Kaya Farms whereby Kaya Farms was able to obtain ownership and financial interests in the licensed business without prior approval by the Commission. Pursuant to the agreement, Kaya Farms operated and exercised control over the licensed business and Licensee was no longer involved. A site inspection revealed additional Category III violations at both premises. Licensee agreed to surrender its license, and warranted that any sale of the business would not be to the entity that had obtained the unapproved interest in the business.
TERMS OF AGREEMENT
1. Licensee accepts responsibility for the violations as set out in the Notice. Violation Number One was Licensee’s first Category I violation. Violations Number Two and Three were Licensee’s first and second Category III violations within two years.
2. Commission staff proposed license cancellation for these violations. Licensee has begun the process of selling the business. Licensee will surrender its license on the date the transfer of ownership of the business is completed or at 12:00 PM on January 13, 2021, whichever is earlier.
3. Licensee understands and agrees that the Commission is not representing or guaranteeing that a new owner will have an approved license on or before January 13, 2021. Licensee understands and agrees that any new owner will have to fully complete the application process, and the application has to receive final approval by the Commission, prior to a license being issued.
4. Licensee agrees, represents, and warrants that the business will not be sold to the entity and/or individuals alleged to have obtained an unapproved financial and/or ownership interest in the licensed business, namely MJAI Oregon 1, LLC or Bruce Burwick, or to Kaya Holdings, Inc., the parent company of MJAI Oregon 1, LLC, or any parent, subsidiary, affiliate, or successor of Kaya Holdings, Inc.
5. Each licensee agrees to accept a letter of reprimand for the violations specified above. This letter of reprimand will become a permanent part of the licensee’s Commission file and may be considered in any future application for any license or permit by the licensee.
6. Licensee hereby relinquishes any and all interest in any marijuana items in its inventory that have not been transferred before the effective date of
license surrender, and agrees that the Commission may seize and destroy any such marijuana items.
7. Licensee withdraws its Request for Hearing in this matter.
8. In consideration of the forbearance stated herein, Licensee agrees to release and waive any and all claims of any kind, known or unknown, past or future, against the State of Oregon or its agencies, instrumentalities, employees, officers, or agents arising out of the matters set forth in the Third Amended Notice (including any prior versions of the Third Amended Notice) or this Settlement Agreement and the final order based hereon, including but not limited to any claim under federal or state law for damages, declaratory or equitable relief, under 42 USC §1983 et. seq., and for attorneys fees or costs.
9. The terms of this Settlement Agreement and the Final Order entered based on this Agreement are binding on Licensee and any of its agents, employees, representatives, successors or assigns.
10. This agreement is conditioned upon final approval of the Oregon Liquor Control Commission and will be reviewed by the Commissioners at their October 2020 Commission Meeting. If the agreement is not accepted and approved in its entirety by the Commission it is deemed null and void and Licensee’s hearing rights, if any, will be restored. If the agreement is accepted and approved in its entirety by the Commission, Licensee waives any and all rights to a contested case hearing under the Administrative Procedures Act (ORS Chapter 183) and to judicial review, or to otherwise challenge this agreement and the final order.
That'd be my video produced earlier today and you can reference my earlier posts from yesterday and today for full backstory.
Wow! never thought I'd see the day you'd come around.
LMAO!!! Wow, pretty sure the 27% thc lab tested SEEDLESS flower that we produced and are selling in shops in Oregon would still generate a reading if I had put some stem material in the sample tray, which I did not. Maybe a refresher on understanding on how the NASA "nose" works would be of benefit to you.
As well as following the companies own instructions on how to use the sample tray rim to grind the flower into the tray.
Believe you me I have tried all grinds and potencies in the Cannadx.
Besides the company has already addressed that there is a "zeroes glitch with their newly released
analyzers.
Cool. That makes the most sense but like I said, we don’t know if the user damaged the product or if was damaged at all. Accidents do happen. That users history looks like a pessimist.
As has been stated before this problem has been addressed by MYDX as a GENERAL problem not an individual device issue in the only email response we have received to date.
"We have a zeroes issue glitch that we are working on resolving"
-MYDX customer support
Ans as far as "that users" history goes we've had personal experience with other pump and dump POS companies before and can read the writing on the wall in answer to the forever OPTIMII$TIC users on board.
Great! Have you tried to contact them at all lately with any proof of a response? maybe you could post a response or a video of actual current test results as proof as well.
Thanks for all the advise. Nice to see someone on here that isn't just looking to discredit a legitimate problem with a clearly problematic company.
LoL...titling the video “scammydx” is not a concerned customer, rather disgruntled ex-employee...I mean “customer” HaHaHa
LMAO, seems desperate times require desperate logic. Scammydx was chosen from what I've read here while frustrated with lack of companies ability to even receive communication let alone respond.
Funny thing is I had seen a lot of complaints of having essentially no revenues and within weeks voila a photo is posted showing about 200 MyDx analyzers stacked in someones living room to be shipped out.
Look ma revenues! LMAO
And in a desperate attempt to keep those revenues on the books, it would appear that they are going to run out the clock on refund policy.
Maybe look at my long term profile. My son is an Oregon based legal recreational producer selling legitimate flower products to paying customers always guaranteeing purchase with prompt credit.
(Although with testing between 22-34% thc we haven't had any returns for the 11 years we've been in the market)
The only reason I'm posting here is that all other lines of communication are futile.
Funny. Thought you were satisfied that I took the time to produce proof. Analyzer was received mid August after waiting months with no response about an ETA on delivery. Just happened outta the blue.
No surprise that they're trying to generate some positive news after watching this POS stock tank for months in the dark without any contact from company. Really troubling to leave multiple messages in VM while all email links were not operational with NO call backs.
Weed was Lab tested at 27% THC and is sold in legal Oregon shops throughout the state and produced by me personally. Analyzer is new 2.0 received mid August and iPad also new last month.
As I stated before we have made multiple attempts to contact support on this over the last four weeks and this is all we've gotten back. The product was received mid August, hasn't worked properly once, while trying to contact first week online portal didn't work at all as well as their email address returning unsent error messages.
NO manipulative play here just a well respected and thriving Oregon producer trying to either get support for product or a refund! Lot of money for a nonworking POS
This will be necessary in any future correspondence.
LMAO!!! and crying at the same time as will most likely having to go to small claims to get my guaranteed 30 day refund. ..Already returned the unit and haven't heard from them once since initial email response three weeks ago...
Like I stated before, asking us to have patience seems to be an attempt to run the clock out on refund policy 30 day window...
clearly desperate to keep my ill gotten$ as a consumer and pretty clearly as an investor
Refund policy:
https://www.mydxlife.com/faq
“I received a single response via email that said to be patient as they were" looking to resolve a zeroes issue" with all the analyzers they recently shipped out.” Ok...so they are working on it per your claim. Get back to us when they respond. So no response yet the company did respond. Have they seen your video? That could help. Evidently, the total canna profile chart worked, but the values showed zeros..
Did you provide the proper product references so the company knows yours was one of the new units shipped?
I would expect all the foundational facts would have been extracted before responding that they are working a zeros issue. Waiting to get more online feedback from disgruntled product recipients of this is the case.
I imagine they've seen the video by now but still no response. hmmm,,..... also its been over three weeks since we've heard from them even with repeated attempts to contact them through the phone and email.
Product serial number was referenced as it has to be to contact them through their onsite portal, but frankly that doesn't seem to matter as they referred to a general problem not one that has to do with our single unit. Believe it or not most consumers probably won't be airing their complaints here as they wouldn't even have knowledge of this forum.
And all attempts to air this problem on facebook have seen our posts removed. hmmmmm...
Here's the proof of our non working new cannadx analyzer!
Happy to ignore multiple requests via phone and email you mean. Has anyone ever actually spoken to a support person on the phone???
I have multiple screenshots of unanswered emails and a log of countless attempts to get ahold of anyone on the phone since the "backlogged" analyzers were sent out August 12th...
I'll be posting photos and possibly video of a the unit spitting out zeroes as well as the singular emailed response later this evening when I get off work.
Changed your tune I see. Hate to say I hate to say but I told ya so.
1 product that does not work! With no customer service or support for the last several weeks since I received my cannadx it spits out zeros. I received a single response via email that said to be patient as they were" looking to resolve a zeroes issue" with all the analyzers they recently shipped out. Three weeks later no further response to multiple email requests and phone messages left in customer support vm.
It would appear that they are not only selling a scam stock but also selling a scam product with no support and that they are also attempting to run out the clock on their 30 day refund guarantee.
1 year warranty only works if customer support answered either vm or email requests, all hype and bs no value no real product if it doesn't even work!
Wrong again DOC! Look what I just found:
Interested Parties (Individuals)
- Type of Interested Party: Depending on the type of business named on the application, specific interested parties (individuals with financial interest) will appear in the drop down menu. For a definition of financial interest please see 845-025-1015 (15). You are required to name all interested parties with a financial interest in this section of the application, not everyone listed as an interested party will be an applicant, you will have a chance to designate all applicants on the “Marijuana Business Structure Form” located with other supporting document forms on the OLCC website.
- Name, Contact Information, Social Security Number, current state of residence, states of residence for past 10 years and Criminal History: You are required to enter this information for all interested parties listed on this page.
Interested Legal Entities (Businesses)
- Business Name, Address, and Contact Information: If your business has legal entities (other businesses) with financial interest in your business you must disclose them in this section. For a definition of financial interest please see 845-025-1015 (15).
- Business Type: Enter the business type to the legal entities who have a financial interest in the business named on the application. Business Corporation, Cooperative Corporation, Non-Profit Corporation, Professional Corporation , Limited Liability Company, General Partnership, Limited Partnership, Sole Proprietorship or Local Government
Personal Information of individuals related to Legal Entities (Individuals with 10% or more ownership, Partners, Members, Directors, Principal Officers and Stockholders)
- Type of Interested Party (individuals with financial interest): Depending on the type of legal entity with financial interest in the business named on the application, specific interested parties will appear in the drop down menu. For a definition of financial interest please also see 845-025-1015 (15). You are required to name all interested parties with a financial interest in this section of the application, not
OREGON LIQUOR CONTROL COMMISSION Recreational Marijuana Application Instructions
everyone listed as an interested party will be an applicant, you will have a chance to designate all applicants on the “Marijuana Business Structure Form” located with other supporting document forms on the OLCC website.
**If the interested parties are actually interested legal entities you will receive a notice that you need to contact the OLCC. Please be prepared to submit the “Marijuana Business Structure Form(s)” disclosing your entire business structure until it reaches the individuals with financial interest.
- Name, Contact Information, Social Security Number, current state of residence, states of residence for past 10 years and Criminal History: You will be required to enter this information for all interested parties listed on this page.
Agreed, especially for a company that only expects to make as much as a couple convenience stores with no substantial assets or cash.
If they win the suit, Scam over!
re:"someone will grab em soon"-Daily EOD painters are always looking to spend a few hundred dollars. LOL
So you're a lawyer now. LMAO!!!! OK DOC? we all know you think the suit is baseless and will be dismissed. Do you know something we don't? Please share... next...
What are they b'ching about?
Yes indeed! And I think we all know that a bite in KAYS pocketbook means more shareholder losses as well.
Happily though, I'm going to have to get the updates from y'all upon my return around the holidays.
Hello Spain and Italy!!!
GLTYA
Yes you did! Kudos Hopscotch! If it wasn't for your post outing W. David Jones criminal past, I would'nt have gotten out as soon and would have taken an even larger loss. Thanks again!
The only info I have about the investor is from this post when he was on the board singing KAYS praises.
LOL, singing a different tune now though.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=121420266
re:"I'd say very good " LOL, of course thats what you'd say.
How about showing how its reflected in inventory, or equipment purchases, or cost of sales figures, please.
Yeah, didn't think so... next...
This is from my OLCC liquor license regs:
Entity or Individuals applying for the license
? Any person or legal entity (like a corporation or limited liability company) that will own or control the business must be listed as an applicant. This includes a person or legal entity that will:
? Receive profits from the business
? Occupy the real property (either as an owner or tenant)
? Have control over the personal property
? Provide food service
? Manage or operate any part of the licensed premises other than as an employee
? If you are applying as a legal entity the name of the legal entity will be the applicant.
? If you are not applying as a legal entity then your name should be listed as the applicant.
re:"Wonder how their new and improved and expanding GROW operation is doing"
Well, according to the property and equipment numbers, the depleting inventory and the high cost of sales numbers in the financials I'd have to say, Not very good... Next...
a picture is worth 1000 words....
re:"the answers are that management passes both background and fingerprint checks, but that is dismissed, it's obvious that the truth is not being acknowledged... next..."
Do you have proof that the financially interested parties involved with KAYS [the actual OLCC language for background checks , NOT just management and license holders] have passed background and fingerprint checks? I sure hope so since you are asserting that there is truth in that statement.
Please show link to those approvals please.
BTW, as an OLCC retail liquor license holder for retail liquor sales in my convenience stores, I'm fairly familiar with who, how, and what the OLCC scrutinizes for beer and wine licensing and I can only imagine that they'll be looking even deeper at MJ licensing.
Again, nothing clarified by me, only time will tell. And as far as time goes it looks like about two weeks to go before KAYS has once again dropped the ball on its own stated timelines and goals.
No Thanks, Pictures are for those who have a hard time reading between the lines IMO. The perfect 'Marks' for P&D enterprises like KAYS. Thanks though.
Nope, I haven't clarified anything for you. So, please stop misquoting my posts.
Indeed, building permit still not approved, still in process limbo. Thanks for verifying my understanding.
re:"Are you saying only one location..." Nope, this is EXACTLY what I stated:
...only one building permit has been issued to my understanding, So 'news' of TWO stores opening might be a bit premature. IMHO