Current through August 30, 2024
(a) After review of
the application, including the applicant's proposed operating plan and all
relevant information, the board will deny an application for a new license or
new onsite consumption endorsement if the board finds that
(1) the application is not complete as
required under the applicable provisions of
3
AAC 306.020 -
3
AAC 306.055, or contains any false statement of
material fact;
(2) the license or
endorsement would violate any restriction in
3
AAC 306.010 or
3
AAC 306.015;
(3) the license or endorsement would violate
any restriction applicable to the particular license type authorized under this
chapter;
(4) the license or
endorsement is prohibited under this chapter as a result of an ordinance or
election conducted under
AS
17.38.210,
3
AAC 306.200, or
3
AAC 306.230;
(5) the applicant's actions or the operating
plan does not adequately demonstrate that the applicant will comply with
applicable provisions of this chapter;
(6) the license or endorsement would not be
in the best interests of the public; or
(7) a protest by the local government is not
arbitrary, capricious, and unreasonable.
(b) After review of the application and all
relevant information, the board will deny an application for renewal of a
marijuana establishment license if the board finds
(1) any cause listed in (a) of this
section;
(2) that the license or
endorsement has been operated in violation of a condition or restriction the
board previously imposed;
(3) that
the applicant is delinquent in the payment of taxes due in whole or in part
from operation of the licensed business;
(4) that a protest by the local government is
not arbitrary, capricious, and unreasonable; or
(5) that the applicant has lost right to
possession of the applicant's licensed premises.
(c) After review of the application and all
relevant information, the board will deny an application for reinstatement of
license due to failure to submit a timely renewal if the board finds
(1) any cause listed in (a) or (b) of this
section;
(2) violation of any terms
of an administrative hold an or seizure of marijuana or any marijuana product
as described in
3
AAC 306.830;
(3) the application was submitted later than
September 30 of the given applicable year;
(4) the applicant has had an application for
reinstatement granted during the five years before application submittal;
or
(5) the failure to submit a
timely renewal application is due to inexcusable oversight; inexcusable
oversight includes failure to submit a renewal application, if the director
proves that the licensee
(A) was sent
communications by the director that an application was due but ignored the
notice; or
(B) engaged in other
conduct evidencing bad faith or disregard of the application
requirements.
(d) After review of the application and all
relevant information, the board will deny an application for transfer of
license to another person if the board finds
(1) any cause listed in (a) of this
section;
(2) that the transferor
has not paid all debts or taxes arising from the operation of the business
licensed under this chapter unless
(A) the
transferor gives security for the payment of the debts or taxes satisfactory to
the creditor or taxing authority; or
(B) the transfer is under a promise given as
collateral
(i) by the transferor to the
transferee in the course of an earlier transfer of the license; and
(ii) that obliges the transferor to transfer
the license back to the transferee in the event of default in payment for
property conveyed as part of the earlier transfer of the license;
(3) that transfer of
the license to another person would result in violation of the provisions of
this chapter relating to identity of licensees and financing of
licensees;
(4) that the prospective
transferee does not have the qualifications of an original applicant required
under this chapter; or
(5) that a
protest by the local government is not arbitrary, capricious, and
unreasonable.
(e) If the
board denies an application for a new marijuana establishment license, renewal
of a marijuana establishment license, license conversion, transfer of a
marijuana establishment license to another person, or transfer of a marijuana
establishment license to another location, the board will, not later than 15
days after the board meeting at which the application was denied, furnish a
written statement of issues to the applicant, explaining the reason for the
denial in clear and concise language, and identifying any statute or regulation
on which the denial is based. In the notice of denial, the board will inform
the applicant of the right to an informal conference under
3
AAC 306.085 and to a formal hearing under
3
AAC 306.090.
(1) the
application contains any false statement of material fact;
(2) the license would violate any restriction
applicable to the particular license type authorized under this
chapter;
(3) the license is
prohibited under this chapter as a result of an ordinance or election conducted
under AS
17.38.210,
3
AAC 306.200, or
3
AAC 306.230;
(4) the applicant's actions or the
application does not adequately demonstrate that the applicant will comply with
applicable provisions of this chapter;
(5) a protest by the local governing body is
not arbitrary, capricious, and unreasonable
(6) the license conversion would not be in
the best interests of the public.
(f) After review of the application and all
relevant information, the board will deny an application for license conversion
if the board finds that
(1) the application
contains any false statement of material fact;
(2) the license would violate any restriction
applicable to the particular license type authorized under this
chapter;
(3) the license is
prohibited under this chapter as a result of an ordinance or election conducted
under AS
17.38.210,
3
AAC 306.200, or
3
AAC 306.230;
(4) the applicant's actions or the
application does not adequately demonstrate that the applicant will comply with
applicable provisions of this chapter;
(5) a protest by the local government is not
arbitrary, capricious, and unreasonable; or
(6) the license conversion would not be in
the best interest of the public.
(g) After review of the application and all
relevant information, the board will deny an application for a transfer of a
marijuana establishment license to another location if the board finds that
(1) the application contains any false
statement of material fact;
(2) the
application is not complete as required under the applicable provisions of
3
AAC 306.020 -
3
AAC 306.055;
(3) the license or endorsement would violate
any restriction in
3
AAC 306.010 or
3
AAC 306.015;
(4) the license or endorsement would violate
any restriction applicable to the particular license type authorized under this
chapter;
(5) the license or
endorsement is prohibited under this chapter as a result of an ordinance or
election conducted under
AS
17.38.210 and
3
AAC 306.200 -
3
AAC 306.250;
(6) the applicant's actions or the operating
plan does not adequately demonstrate that the applicant will comply with
applicable provision of AS 17.38 and this chapter;
(7) the license or endorsement would not be
in the best interest of the public;
(8) a protest by the local government is not
arbitrary, capricious, and unreasonable;
(9) a protest by the current local government
in the case of a transfer of location of the license to a different local
government is based on taxes owed to the current local government; or
(10) that the licensee has not paid all debts
or taxes arising from the operation of the business licensed under this chapter
unless the transferor gives security for the payment of the debts or taxes
satisfactory to the creditor or taxing authority.
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
