Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 19 - Alcoholic Beverage Control Board
Chapter 306 - Marijuana Control
Article 1 - Licensing; Fees
3 AAC 306.015 - License conditions

Universal Citation: 3 AK Admin Code 306.015

Current through August 30, 2024

(a) The board will issue each marijuana establishment license to a specific individual, a partnership, including a limited partnership, a limited liability company, a corporation, or a local government. A person other than a licensee may not have a direct or indirect financial interest in the business for which a marijuana establishment license is issued.

(b) Except as set out under 3 AAC 306.035(h), the board will not issue, renew, or approve an application for a transfer a marijuana establishment license to

(1) an individual or a sole proprietorship unless the individual or proprietor is a resident of the state;

(2) a partnership unless each partner is a resident of the state;

(3) a limited liability company unless the limited liability company is qualified to do business in the state and each member of the limited liability company is a resident of the state; or

(4) a corporation unless the corporation is incorporated or qualified to do business in the state and each corporate officer, director, and shareholder is a resident of the state.

(c) The board will issue each marijuana establishment license for a specific location identified on the application as the licensed premises. A marijuana establishment must have a right to possession of its licensed premises at all times and may not lease its licensed premises to another person for any reason. If a marijuana establishment wishes to reduce or expand the area of the licensed premises used for a marijuana establishment, the marijuana establishment must submit a new line drawing showing the proposed changes to the premises and must obtain the board's written approval.

(d) A person may not transfer a marijuana establishment license to another location without the applicant applying for and receiving written consent of the board. Subject to any applicable provisions of AS 17.38 and this chapter, the board may approve an application for a transfer of a marijuana establishment license to another location in a different local government.

(e) The board will impose other conditions or restrictions on a marijuana establishment license or endorsement issued under this chapter when it finds that it is in the interests of the public to do so.

(f) In this section,

(1) "direct or indirect financial interest"
(A) means a legal or equitable interest in the operation of a business licensed under this chapter;

(B) does not include a person's right to receive
(i) rental charges on a graduated or percentage lease-rent agreement for real estate leased to a licensee; or

(ii) a consulting fee from a licensee for services that are allowed under this chapter;

(2) "resident of the state" means a person who is eligible at the time of application for the most recent permanent fund dividend under AS 43.23.

Authority:AS 17.38.010

AS 17.38.070

AS 17.38.121

AS 17.38.150

AS 17.38.190

AS 17.38.200

AS 17.38.900

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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