Chapter 6.05
MARIJUANA

Sections:

6.05.005    Hours of operation; penalty for violation.

6.05.010    Assembly review of license applications.

6.05.005 Hours of operation; penalty for violation.

No facility licensed under AS Title 17 may be open for business, conduct business, or allow a consumer to access the licensed premises between the hours of 10:00 p.m. and 8:00 a.m. on Monday through Sunday. No marijuana may be distributed, sold, offered for sale, furnished, delivered, or consumed at a licensed facility when the facility is required to be closed under this section.

A. Any person violating any provision of this section is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. [Ord. 1001 § 2, 2021; Ord. 931 § 2, 2017.]

6.05.010 Assembly review of license applications.

A. Any person seeking the review and recommendation by the assembly, prior to issuance of a new license or renewal or transfer of a license for a marijuana facility, shall present to the assembly a copy of the application submitted to the state for a license or renewal or transfer of a license, fully completed and executed.

B. The assembly may protest the issuance, renewal, or the transfer of a marijuana facility license as provided in state law, AS 17.38, and state regulations, 3 AAC 306.060. The protest shall cite any of the following criteria that the assembly determines to be pertinent:

1. The business operated under the license is, on the date the assembly considers the license, delinquent in the payment of any borough tax or penalty or interest on any borough tax arising out of the operation of the licensed facility;

2. There are delinquent property taxes or local improvement district assessments or penalty or interest thereon arising out of real property owned in whole or in part by the person named in the application as an applicant, or by the licensee on the license which is to be renewed or transferred, where such property is used, or is to be used, in whole or in part in the business conducted or to be conducted under the license;

3. There is a delinquent charge or assessment owing the borough by the applicant or licensee for a borough service provided for the business conducted or to be conducted under the license, or at the request of or arising out of an activity of the business conducted or to be conducted under the license;

4. The business operated or to be operated under the license is violating or would violate the zoning code of the borough;

5. Failure of the applicant to secure a borough permit required for operation of the business to be licensed, or if the licensee is in violation of any borough permit required for operation of the licensed facility;

6. The business operated under the license is, on the date the assembly considers the application, in violation of state or borough fire, health, or safety codes; a criminal conviction for the violation is not required for a protest under this section;

7. The applicant or licensee has violated a provision of AS 17.38 or the state regulations on marijuana, 3 AAC Chapter 306, or a condition imposed by the Marijuana Control Board on the license, or if issuance of the license would violate a provision of state law or regulations;

8. Any factor identified by state law or regulation as appropriate grounds for a protest;

9. Any other factor the assembly determines is generally relevant or relevant to the particular application.

C. If the assembly determines that a licensed facility has violated a provision of AS 17.38, or 3 AAC Chapter 306, or a condition the state Marijuana Control Board has imposed on the licensee, the borough shall notify the Marijuana Control Board. [Ord. 931 § 2, 2017.]