(a) An applicant
for a new marijuana establishment license must file an application as provided
in 3 AAC 306.025, on a form the board
prescribes, with the information and documents described in this section, along
with the application fee and the annual license fee set out in
3
AAC 306.100, and the fingerprint cards and fees
required by
3
AAC 306.055(a). The application must
be initiated electronically; the completed application and fees may be filed
electronically, or mailed or delivered to the director at the office of the
board.
(b) An application for a new
marijuana establishment license must include
(1) the name of the applicant and any
business name the applicant will use for the proposed marijuana establishment,
along with the applicant's state business license number issued under AS
43.70;
(2) the name, mailing
address, telephone number, and social security number of each proposed
licensee; unless the context requires otherwise, "licensee" means each
individual named in an application that complies with this section; an
individual to be identified as a licensee under this section includes
(A) if the applicant is an individual or a
sole proprietor, the individual or sole proprietor;
(B) if the applicant is a partnership,
including a limited partnership, each general partner and each partner holding
any interest in the partnership;
(C) if the applicant is a limited liability
company, each member holding any ownership interest and each manager;
(D) if the applicant is a corporation, each
owner of any of the corporation's stock, each officer, and each director;
and
(E) if the applicant is a local
government, an authorized official of the local government;
(3) for each applicant that is not
an individual, the applicable documents and information as follows:
(A) for a partnership, including a limited
partnership, the partnership agreement, the name of each general or managing
partner, and a list of all partners with the percentage of ownership of each
partner;
(B) for a limited
liability company, the limited liability company agreement, and a list of all
members with the percentage of ownership of each member;
(C) for a corporation, the certificate of
incorporation, the corporate bylaws, the name of each corporate officer and
each director, and a list of all shareholders with the percentage of ownership
of each shareholder;
(D) for a
local government, a resolution of the governing body approving the application
and designating an official responsible for the proposed marijuana
establishment;
(4) for
each person listed in compliance with (2) of this subsection, a statement of
financial interest on a form the board prescribes;
(5) for each applicant that is not an
individual, the name of the individual licensee or designated government
official listed in the application under (2) of this subsection who is
responsible for
(A) management of the
marijuana establishment; and
(B)
compliance with state laws;
(6) an electronic mail address at which the
applicant agrees to receive any correspondence from the board before and after
it receives a license; an applicant and a licensee must ensure that any
electronic mail address provided to the board is current so that the board can
contact the applicant or licensee at any time;
(7) the type of license the applicant is
requesting;
(8) the address of the
premises to include global positioning system (GPS) coordinates where the
applicant intends to operate a marijuana establishment, and a detailed diagram
of the proposed licensed premises; the diagram must show all entrances and
boundaries of the premises, restricted access areas, storage areas, and, if
applicable., overlapping premises that the board may approve under
3
AAC 306.705(d) and
3
AAC 306.710(d);
(9) the title, lease, or other documentation
showing the applicant's right to possession of the proposed licensed
premises;
(10) an affidavit showing
where and when the applicant posted notice of the application, and proof of
advertising as required in
3
AAC 306.025(b); and
(11) additional information that the board
requires as follows:
(A) for a retail
marijuana store, the information required under
3
AAC 306.315;
(B) for a marijuana cultivation facility, the
information required under
3
AAC 306.420;
(C) for a marijuana product manufacturing
facility, the information required under
3
AAC 306.520;
(D) for a marijuana testing facility, the
information required under
3
AAC 306.615.
(c) A marijuana establishment license
application must include the applicant's operating plan, in a format the board
prescribes, describing to the board's satisfaction the proposed marijuana
establishment's plans for
(1)
security;
(2) inventory tracking of
all marijuana and marijuana products on the premises;
(3) employee qualification and
training;
(4) waste
disposal;
(5) transportation and
delivery of marijuana and marijuana products; and
(6) signage and advertising.
(d) An application for a marijuana
establishment license must be signed by
(1)
the applicant, if the applicant is an individual;
(2) an authorized general partner if the
applicant is a partnership, including a limited partnership;
(3) a member who owns at least 10 percent of
the limited liability company if the applicant is a limited liability
company;
(4) the authorized
officers of the corporation if the applicant is a corporation; or
(5) a designated official if the applicant is
a local government.
(e)
Each person signing an application for a marijuana establishment license must
declare under penalty of unsworn falsification that
(1) the application is true, correct, and
complete;
(2) the applicant has
read and is familiar with AS 17.38 and this chapter; and
(3) the applicant will provide all
information the board requires in support of the application.
