Chapter 5.24
MARIJUANA REGULATION
Sections
5.24.020 License application review
5.24.030 Licensed premises not less than 500 feet from schools
5.24.005 Definitions
As used in this chapter the following definitions shall apply:
“Licensed premises” means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a marijuana establishment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed.
“School ground” means any facility operated by a school board or private school, as defined by AS 14.45.200, to provide educational, athletic, or recreational activities for persons under 18 years of age and shall include facilities providing post-secondary education and child care facilities licensed under AS 47.32.010. [Ord. 1394 §3, 2020; Ord. 1378 §3, 2018]
5.24.010 Authority
The Kodiak city council is designated as the city’s local regulatory authority on marijuana as that term is used in AS 17.38 and any implementing legislation or rule making. [Ord. 1378 §2, 2018; Ord. 1365 §1, 2017. Formerly 7.40.010]
5.24.020 License application review
(a) Upon receipt of notice from the Alcohol and Marijuana Control Office that a new, renewal, or transfer application for a marijuana business license has been deemed complete, the clerk shall forward the application to appropriate department heads to make investigations within their respective areas of responsibility. The city manager or designee shall compile the responses, and provide the council with the administration’s recommended action.
(b) For the purpose of public hearing and council action, the clerk shall place the matter of the application upon the agenda for a regular or special meeting of the council held not less than 15 or more than 50 days from receipt of the notice from the Alcohol and Marijuana Control Office.
(c) After receiving the administration report and public comment, the council, by motion, may take one of the following actions on the matter of the license:
(1) Nonobjection. Upon finding that the permit satisfies all legal requirements, the council may authorize the clerk to issue a letter of nonobjection to the Marijuana Control Board.
(2) Nonobjection with conditions. If any requirements or obligations are not satisfied, but could be satisfied through further action of the licensee(s), the council may authorize the clerk to issue a letter of conditional nonobjection to the Marijuana Control Board for the issuance, transfer, or renewal of the license setting forth the city’s conditions for nonobjection.
(3) Protest. Upon determining the existence of one or more of the grounds contained in subsection (d) of this section, the council may direct the clerk to cause a protest to be filed with the Marijuana Control Board.
(d) A marijuana license may be protested for one or more of the following reasons:
(1) Failure of the applicant to secure any required city permit, or if the applicant is in violation of any applicable city permit;
(2) That the applicant has violated a provision of AS 17.38 or regulations adopted by the state, or a condition imposed by the Alcohol and Marijuana Control Office on the license, or if issuance of the license would violate a provision of state law or regulations;
(3) The marijuana business operated under the license or any other business owned in whole or in part by any person named in the application as an applicant or on the permit is, on the date the council considers the matter, delinquent in the payment of any sales tax or penalty or interest on sales tax arising out of the operation of any business within the city;
(4) There are delinquent property taxes or local improvement district assessments or penalties or interest thereon arising out of real or personal property owned in whole or in part by any person named in the application as an applicant or such property as is to be used in the conduct of business under the license;
(5) There is a delinquent charge or assessment owing to the city or borough by the licensee for a municipal service provided for the benefit of the business conducted under the license or for a service or an activity provided or conducted by the city or borough at the request of or arising out of an activity of the business conducted under the license;
(6) The business operated or to be operated under the license is violating or would violate the Kodiak City Code;
(7) The business operated under the license is, on the date the council considers the matter, in violation of a state or municipal fire, health, or safety code, or for any concern identified by the building official, or police chief, or fire chief (a conviction for a violation is not a prerequisite for a protest under this section);
(8) The concentration of other marijuana business or alcohol licenses in the area;
(9) Any factor identified by state statute or regulation as appropriate grounds for a protest; or
(10) Any other factor the council determines is generally relevant or is relevant to a particular application. [Ord. 1378 §4, 2018]
5.24.030 Licensed premises not less than 500 feet from schools
(a) Licensed premises shall not be located within 500 feet of any school ground.
(b) The distance specified in this section shall be measured by a straight line from the public entrance of the building in which the licensed premises would be located to the lot line or real property boundary for any lot or parcel containing a school ground.
(c) This section does not prohibit the renewal of an existing marijuana establishment license or the transfer of an existing marijuana establishment license to another person if the licensed premises were in use before the school ground began use of a site within 500 feet. [Ord. 1378 §5, 2018]
5.24.040 Manufacture and sale of marijuana edibles prohibited
Repealed by Ord. 1394. [Ord. 1378 §6, 2018]