reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 5 - Provisions Applicable to More Than One License Type › 3 AAC 305.690 - Definitions

Current through May 31, 2024
(a) For the
				  purposes of
				  3 AAC 305.600 -
				  3 AAC 305.690:
(1)
				  "adjacent" means on the same legal property, on a property adjoining the legal
				  property containing the licensed premises, or across a single public right of
				  way from the legal property containing the licensed premises;
(2) "adjoining" means meeting and touching at
				  some point or line;
(3)
				  "contiguous" means having contact on all or most of one side;
(4) "passage" means a hallway or defined
				  pathway between adjoining rooms of licensed premises;
(5) "purchaser" means a patron or customer of
				  a licensee who does not also hold an alcoholic beverage license or permit
				  issued under
				  AS
				  04.09.650 or
				  04.09.660.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.800 - Determining the age of a patron

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.21.050, a "valid identification card"
				  means an unexpired, unaltered passport or an unexpired, unaltered driver's
				  license or identification card issued by a federal or state agency or federally
				  recognized tribe authorized to issue driver's licenses or identification cards
				  that meet the requirements under
				  AS
				  04.21.050(b). If a licensee,
				  licensee's employee, or licensee's agent has reason to believe that an
				  identification card presented by a person is fraudulent, the licensee,
				  licensee's employee, or licensee's agent shall refuse to the person entrance to
				  the licensed premises and service or sale.
(b) A licensee, licensee's employee, or
				  licensee's agent may elect to not accept a passport, military identification
				  card, or other identification as proof that the person is not restricted from
				  purchasing alcoholic beverages and may require the person to furnish a valid
				  driver's license or state identification card or otherwise furnish proof that
				  the person is not a resident of the state.
(c) A licensee shall obtain a statement of
				  proof-of-age form as required under
				  AS
				  04.21.050. The licensee shall retain
				  completed forms for 90 days and make them available for inspection upon the
				  request of the board or a peace officer.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.21.050
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.810 - Recordkeeping requirements

Current through May 31, 2024
(a) A licensee
				  shall retain records of the sales, purchases, and expenses of the business for
				  at least one year, including records sufficient to show the license was
				  actively exercised for at least 240 hours during each of the two preceding
				  calendar years as set out in
				  AS
				  04.11.330(a)(3).
(b) A licensee shall maintain records of the
				  purchase and sale of alcoholic beverages separate from records of the sale of
				  other goods or services.
(c) A
				  wholesale licensee shall retain a record of all sales and donations made in the
				  conduct of the business for three years.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.11.330
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.820 - Powers of investigative personnel

Current through May 31, 2024
(a) The board's
				  investigative personnel may
(1) conduct
				  inspections of licensed premises, issue inspection reports, and investigate
				  licensees, applicants, transferees, and other persons with respect to
				  applications, the possession and sale of alcoholic beverages, or licensed
				  premises;
(2) issue verbal warnings
				  under 3 AAC 305.840;
(3) issue advisory notices under
				  3 AAC 305.850;
(4) issue citations for violations under
				  3 AAC 305.860 and subject to
				  AS
				  04.21.072;
(5) issue administrative violation notices
				  under 3 AAC 305.870;
(6) seize alcoholic beverages subject to
				  forfeiture under
				  AS
				  04.16.220;
(7) serve subpoenas issued by a hearing
				  officer in a board adjudicative proceeding;
(8) execute search and arrest
				  warrants;
(9) exercise specified
				  peace officer powers upon the written concurrence of the commissioner of public
				  safety filed with the lieutenant governor and the director, but only if
				  necessary to enforce the criminally punishable provisions of AS 04 and
				  regulations adopted under AS 04;
(10) file accusations for suspension or
				  revocation of licenses, endorsements, or conditional contractor permits on the
				  grounds listed under
				  AS
				  04.11.370; and
(11) take such other action considered
				  necessary by the director to assure the enforcement of AS 04 and this
				  chapter.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.830 - Communications and inspection

Current through May 31, 2024
(a) The board
				  recognizes that compliance by a licensee is a necessary ingredient for the
				  enforcement of alcoholic beverage statutes, regulations, and local laws and
				  that communication with licensees is necessary to assist licensees in
				  conducting the licensee's licensed business in the public interest and in
				  conformity with existing statutes and regulations. Investigative personnel
				  shall memorialize an inspection in a written inspection report on a form
				  approved by the board.
(b)
				  Licensees are considered to consent to the entry upon the licensed premises and
				  inspection of the licensed premises at all reasonable times and in a reasonable
				  manner by investigative personnel of the board or by a peace officer acting in
				  an official capacity.
(c) A
				  licensee shall do all things reasonably necessary and appropriate to cooperate
				  with investigative personnel and employees of the board and peace officers
				  acting in an official capacity to enforce the statutes, regulations and
				  ordinances related to alcoholic beverages, including permitting entry upon and
				  inspection of the licensed premises and providing access, upon request at
				  reasonable times, to business records at the written direction of the
				  director.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.11.330
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.840 - Verbal warning

Current through May 31, 2024
(a) A verbal
				  warning addresses the violation of a statute, regulation, or local law on a
				  licensed premises that is quickly correctable and does not pose an immediate
				  risk to public safety or health.
(b) Issuing a verbal warning is at the
				  discretion of investigative personnel of the board. A verbal warning must be
				  documented in the licensee's enforcement file maintained by the director.
				  Logging or documentation of the warning must be made available to the licensee
				  upon request.
(c) The board's
				  investigative personnel may issue verbal warnings to any individual affiliated
				  with a license, endorsement, or permit.
Authority:
AS
						04.06.010
AS
						04.06.090
AS
						04.06.100
AS
						04.06.110
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.850 - Advisory notice

Current through May 31, 2024
(a) The board's
				  investigative personnel may issue a written advisory notice to a licensee when
				  an incident occurs, or a defect is identified, that results in the violation of
				  a statute, regulation, or local laws. Investigative personnel may choose to
				  issue a written advisory instead of providing a verbal warning under
				  3 AAC 305.840.
(b) The notice may be issued from information
				  recorded on an inspection report other documents memorialized by the Board's
				  investigative personnel. An advisory notice may be grounds for issuance of a
				  notice of violation or accusation if the incident or defect continues
				  uncorrected. Issuing an advisory notice is at the discretion of investigative
				  personnel of the board. An advisory notice must be documented in the licensee's
				  enforcement file maintained by the director. A copy of the advisory report must
				  be delivered to the licensee when issued and made available to the licensee at
				  a later time, upon request.
(c) The
				  board's investigative personnel may issue an advisory notice to any individual
				  affiliated with a license, endorsement, or permit.
Authority:
AS
						04.06.010
AS
						04.06.090
AS
						04.06.100
AS
						04.06.110
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.860 - Violations

Current through May 31, 2024
(a) The board's
				  investigative personnel or a peace officer may issue a citation for any
				  violation identified under AS 04. The board's investigative personnel may issue
				  a citation to any individual affiliated with a license, endorsement, or
				  permit.
(b) A person who receives a
				  citation for a violation of AS 04 subject to
				  AS
				  04.21.074 may dispose of the violation
				  without court appearance upon payment and forfeiture of the bail
				  amount.
(c) For the purposes of
				  this section, "violation" has the meaning given in
				  AS
				  11.81.900(b).
Authority:
AS
						04.06.010
AS
						04.06.090
AS
						04.06.100
AS
						04.06.110
AS
						04.21.076
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.870 - Administrative notice of violation

Current through May 31, 2024
(a) An
				  administrative notice of violation addresses serious or repetitive violations
				  of AS 04, 3 AAC 305, or other law relating to the manufacture and sale of
				  alcoholic beverages that have occurred or are occurring on the licensed
				  premises. An administrative notice of violation is issued at the discretion of
				  the board's investigative personnel or director.
(b) An administrative notice of violation
				  must be in writing on a form approved by the board and must include
(1) a description of the violation or
				  violations;
(2) a description of
				  applicable violated statutes, regulations, or local law;
(3) prior disciplinary history over the
				  preceding five years relevant to the violation or ownership of the license,
				  including
(A) verbal warnings;
(B) advisory notices;
(C) notices of violation and
				  accusation;
(D) fines subject to
				  AS
				  04.21.074; and
(E) criminal history of the licensee and of
				  the licensed premises; and
(4) the investigating officer's
				  signature.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.875 - Suspension and revocation of licenses, endorsements, and conditional contractor permits

Current through May 31, 2024
(a) The board may
				  suspend or revoke a license, endorsement, or conditional contractor's permit on
				  the grounds set out in
				  AS
				  04.11.370 or if a licensee is convicted of a
				  felony.
(b) If a licensee's
				  employee or licensee's agent is convicted of a felony, the board may find under
				  AS
				  04.11.370(5) that the
				  licensee, endorsement holder, or conditional contractor permittee knowingly
				  allowed the conduct, or recklessly or with criminal negligence failed to act in
				  accordance with the duty prescribed under
				  AS
				  04.21.030, if that licensee, endorsement
				  holder, or conditional contractor permittee
(1) was physically present when the conduct
				  occurred and knew or should have known the conduct was occurring and took no
				  action to stop it;
(2) failed to
				  adequately supervise the agent or employee;
(3) failed to adequately train the agent or
				  employee in the requirements of AS 04 and 3 AAC 305 relating to alcoholic
				  beverages; or
(4) was reckless or
				  careless in hiring the agent or employee.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.885 - Other civil fines

Current through May 31, 2024
(a) Except as
				  provided in (b) of this section and in addition to fines subject to
				  AS
				  04.21.074, the board may impose a civil fine
				  on a licensee in accordance with
				  AS
				  04.11.575 in a proceeding under
				  AS
				  04.11.510(c). The civil fine
				  may not exceed the greater of
(1) an amount
				  three times the monetary gain realized by the licensee as a result of the
				  violation as determined by the board;
(2) $10,000 for the first
				  violation;
(3) $30,000 for the
				  second violation; or
(4) $50,000
				  for the third or subsequent violation.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.890 - Probation, suspended time, and fines

Current through May 31, 2024
(a) The board may
				  elect to place a licensee or permittee on probation for a period of not more
				  than three years in addition to suspending or revoking a license permitted
				  under AS
				  04.11.370. The board may suspend any portion
				  of time of suspension ordered or civil fines owed to ensure good faith
				  performance of a licensee's or permittee's obligations while under probation.
				  The board may elect to fine the licensee or permittee a portion of or the
				  remainder of the suspended fine or time for any violation of the conditions of
				  probation or additional violation of AS 04 or this chapter.
(b) Nothing in this section limits the
				  authority of the board to suspend or revoke a license or permit on grounds
				  stated in AS 04.11.370.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.11.370
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 7 - Enforcement; Civil Penatiles › 3 AAC 305.895 - Effect of revocation

Current through May 31, 2024
A person whose license or permit is revoked by the board
					 may not apply for a license of any type until at least one year after the
					 effective date of the revocation.
Authority:
AS
						04.06.090
AS
						04.06.100
AS 04.11.320
AS
						04.11.370
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.900 - Determining population criteria

Current through May 31, 2024
(a) The board will
				  use population figures generated by the Department of Commerce, Community, and
				  Economic Development to establish a population figure for determining the quota
				  of licenses available under
				  AS
				  04.11.400(a)(2). The
				  Department of Commerce, Community, and Economic Development figures will be
				  adjusted, however, in the following respects:
(1) prison populations will be
				  excluded;
(2) populations of
				  colleges and universities will be discounted by the number of students who,
				  according to best available information, are domiciled outside of the
				  applicable population area;
(3)
				  populations of military bases and installations will be discounted by the
				  number of military personnel and their families who, according to best
				  available information, are domiciled outside of the applicable population
				  area.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.910 - Determining visitor population

Current through May 31, 2024
(a) For the
				  purposes of determining whether a municipality or established village receives
				  more than 4,000 visitors a year, the board may rely on visitor statistics
				  generated annually by a reliable government, trade association, nonprofit, or
				  commercial source presented by
(1) the
				  municipality or established village;
(2) an applicant that would qualify for a
				  seasonal restaurant or eating place tourism license; or
(3) an applicant for a transfer of ownership
				  of a seasonal restaurant or eating place tourism license.
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.920 - Allocations to municipalities

Current through May 31, 2024
(a) For the
				  purposes of
				  AS
				  04.11.610. a municipality's failure to
				  actively enforce local ordinances, laws of the United States and the state, and
				  the provisions of this chapter relating to the manufacture and sale of
				  alcoholic beverages in the state includes the municipality's peace officers'
				  failure to comply with
				  AS
				  04.21.070.
(b) If the director determines that the
				  municipality's peace officers have not provided the director with quarterly
				  reports of violations of AS 04 occurring on licensed premises within the
				  municipality or with quarterly reports that evidence a lack of active
				  enforcement of local ordinances, laws of the United States and the state, and
				  the provisions of this chapter relating to the manufacture and sale of
				  alcoholic beverages in the state, the director shall recommend that the
				  commissioner of commerce, community, and economic development deny the
				  allocations of biennial license fees under
				  AS
				  04.11.610.
Authority:
AS
						04.06.090
AS
						04.06.100
AS 04.11.610
AS
						04.21.070
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.930 - Colleges and universities

Current through May 31, 2024
(a) Where
				  prohibitions are imposed under
				  AS
				  04.11.410 and
				  AS
				  04.16.080, "school" does not include an
				  accredited college or university as defined in
				  AS
				  04.09.240 for the granting of a beverage
				  dispensary caterer's permit, nonprofit organization event permit, or restaurant
				  caterer's dining permit under
				  AS
				  04.09.610,
				  04.09.650, or
				  04.09.620.
(b) Along with other approvals required by
				  statute or regulation, the board of regents or similar governing body of the
				  college or university or its designee must approve an application for a permit
				  for a designated premises at a college or university event.
(c) A holder of a recreational site license
				  issued under
				  AS
				  04.11.210 or a sporting activity or event
				  license under
				  AS
				  04.09.270 for a site where college or
				  university sporting events are held may petition the board for designation of
				  premises at the site where brewed beverages and wine may be sold during a
				  college or university sporting event.
Authority:
AS
						04.06.090
AS
						04.06.100
AS
						04.09.240
AS
						04.09.270
AS
						04.09.610
AS
						04.09.620
AS
						04.09.650
AS
						04.11.210
AS
						04.11.410
AS
						04.16.080
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.940 - Community prohibitions on alcoholic beverages

Current through May 31, 2024
The director shall maintain a list of the established
					 villages and municipalities that have adopted a local option under
					 AS
					 04.11.491.
Authority:
AS
						04.06.100
AS
						04.11.491
Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 19 - Alcoholic Beverage Control Board › Chapter 305 - Alcoholic Beverage Control Board › Article 8 - General Provisions › 3 AAC 305.950 - Definitions

Current through May 31, 2024
(a) Except as
				  provided under
				  AS
				  04.11.450(h)(2), in this
				  chapter, "affiliate" means
(1) an
				  individual's general partners and joint venturers, including
(A) any corporation of which the individual
				  owns 10 percent or more of the stock;
(B) any corporation of which the individual
				  is an officer or director;
(C) any
				  limited liability organization of which the individual is a member who holds 10
				  percent or more of the limited liability organization's ownership interest;
				  and
(D) any limited liability
				  organization of which the individual is a manager;
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 306.005 - License required

Current through May 31, 2024
A marijuana establishment may not operate in the state
					 unless it has obtained the applicable marijuana establishment license from the
					 board. The board will issue the following marijuana establishment licenses
					 under this chapter:
(1) a retail
				  marijuana store license, granting authority for activities allowed under
				  AS
				  17.38.070(a), and subject to
				  the provisions of
				  3 AAC 306.300 -
				  3 AAC 306.380 and
				  3 AAC 306.700 -
				  3 AAC 306.770;
(2) a marijuana cultivation facility license,
				  as described in
				  3 AAC 306.405 and
				  3 AAC 306.410, granting authority for activities allowed
				  under AS
				  17.38.070(b), and subject to
				  the provisions of
				  3 AAC 306.400 -
				  3 AAC 306.480 and
				  3 AAC 306.700 -
				  3 AAC 306.770;
(3) a marijuana product manufacturing
				  facility license, as described in
				  3 AAC 306.505 and
				  3 AAC 306.515, granting authority for activities allowed
				  under AS
				  17.38.070(c), and subject to
				  the provisions of
				  3 AAC 306.500-3 AAC 306.570 and
				  3 AAC 306.700 -
				  3 AAC 306.770; and
(4) a marijuana testing facility license,
				  granting authority for activities allowed under
				  AS
				  17.38.070(d), and subject to
				  the provisions of
				  3 AAC 306.600 -
				  3 AAC 306.675 and
				  3 AAC 306.700 -
				  3 AAC 306.770.
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
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

Current through May 31, 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.
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 306.025 - Application procedure

Current through May 31, 2024
(a) An applicant must initiate a new
				  marijuana establishment license or endorsement application on a form the board
				  prescribes, using the board's electronic system, to create a public notice
				  form.
(b) After initiating a new
				  marijuana license or endorsement application, the applicant shall give notice
				  of the application to the public by
(1)
				  posting a copy of the public notice form for 10 days at
(A) the exterior of the proposed licensed
				  premises; and
(B) one other
				  conspicuous location in the area of the proposed premises accessible to the
				  general public;
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 306.030 - Petition for license or endorsement in area with no local government

Current through May 31, 2024
(a) The board will
				  not approve a new marijuana establishment license, a new onsite consumption
				  endorsement, or an application for a transfer of a license to another location
				  in an area outside, but within 50 miles of, the boundary of a local government
				  unless the board receives a petition to issue the license or endorsement signed
				  by a majority of the permanent residents residing within one mile of the
				  proposed premises.
(b) The board
				  will not approve a new license, a new onsite consumption endorsement, or an
				  application for a transfer of a license to another location in an area that is
				  50 miles or more from the boundary of a local government unless the board
				  receives a petition to issue the license or endorsement, containing the
				  signatures of two-thirds of the permanent residents residing within a radius of
				  five miles of the United States post office station nearest to the proposed
				  licensed premises. If there is no United States post office station within a
				  radius of five miles of the proposed licensed premises, the petition must be
				  signed by two-thirds of the permanent residents residing within a five-mile
				  radius of the proposed licensed premises.
(c) A petition authorized by this section
				  must be on a form the board prescribes. The applicant must obtain the required
				  signatures within the 90-day period immediately before submitting the petition
				  to the board. A signature may not be added to or removed from the petition
				  after the board has approved the application.
(d) In this section, "permanent resident"
				  means a person 21 years of age or older who has established a permanent place
				  of abode. A person may be a permanent resident of only one place.
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
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 306.035 - Application for renewal of license; reinstatement for failure to timely renew

Current through May 31, 2024
(a) On or before
				  May 1 of each year, the director shall send notice that a marijuana
				  establishment with a license in active and operating status must file a renewal
				  application not later than June 30 of the current year. The director shall send
				  the notice to the marijuana establishment's electronic mailing address on file
				  with the board. In the notice the director shall include a hyperlink for the
				  marijuana establishment to access the electronic renewal application by means
				  of the Internet, along with instructions on using and submitting the form. Any
				  marijuana establishment with a license in active and operating status on or
				  before June 30 of the current year must submit the completed renewal
				  application, along with the license renewal fee, to the director not later than
				  June 30 of each year. If June 30 falls on a Saturday or Sunday, the deadline is
				  extended to 4:30 p.m. on the first business day following June 30. If mailed,
				  the complete renewal application and fee must be postmarked by the deadline. A
				  marijuana establishment must maintain a current electronic mailing address on
				  file with the director. A marijuana establishment is not excused from filing a
				  renewal application as required in this section even if the marijuana
				  establishment fails to receive a renewal notice from the director.
(b) A marijuana establishment's renewal
				  application must
(1) identify the license
				  sought to be renewed by license number, license type, establishment name, and
				  premises address;
(2) provide the
				  information required for a new license application under
				  3 AAC 306.020(b)(1) - (2) and (4) -
				  (8);
(3) report, for each licensee
				  listed in 3AAC
				  306.020(b)(2),
(A) any criminal charge on which that
				  licensee has been convicted in the previous two calendar years; and
(B) any civil violation of AS 04, AS 17.38,
				  or this chapter in the previous two calendar years;
(4) upon request, provide adequate proof of
				  right to possession of the licensed premises; and
(5) declare under penalty of unsworn
				  falsification that
(A) the application is
				  true, correct and complete;
(B) the
				  applicant has read and is familiar with AS 17.38 and this chapter;
				  and
(C) the applicant will provide
				  all information the board requires in support of the renewal
				  application.
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 306.040 - Ownership change

Current through May 31, 2024
(a) An application
				  for an ownership change shall be submitted on a form prescribed by the
				  board.
(b) If any change required
				  to be submitted under this section will result in a change in controlling
				  interest of the marijuana establishment license, the marijuana establishment
				  must file an application for transfer of license to another person under
				  3 AAC 306.045.
(c) An individual identified in this section
				  shall submit the individual's fingerprints and the fees required by the
				  Department of Public Safety under
				  AS
				  12.62.160 for criminal justice information.
				  The director shall follow the procedure set out in
				  3 AAC 306.055(b) for submitting the
				  fingerprints of any individual added under this section.
(d) An individual identified in this section
				  shall be a resident of the state as required under
				  3 AAC 306.015(b) and
				  3 AAC 306.015(f)(2).
(e) The director shall approve an ownership
				  change application when any new owner
(1) is
				  not disqualified under
				  3 AAC 306.010(d),
				  3 AAC 306.015(b),
				  3 AAC 306.300(b),
				  3 AAC 306.400(c),
				  3 AAC 306.500(c), or
				  3 AAC 306.605(c); and
(2) is a resident of the state.
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 306.045 - Application for transfer of a license to another person

Current through May 31, 2024
(a) A person may
				  not receive or transfer a marijuana establishment license or a controlling
				  interest in a marijuana establishment license issued to a partnership,
				  including a limited partnership, a limited liability company, a corporation, or
				  a local government, without applying for and receiving the written consent of
				  the board. Transfer of a license includes a sale of all or part of the interest
				  of an individual owner.
(b) An
				  application for transfer of a marijuana establishment license, or of a
				  controlling interest in a marijuana establishment license issued to a
				  partnership, a limited liability company, a corporation, or a local government,
				  must be filed in writing on a form the board prescribes, in compliance with the
				  application procedure set out in
				  3 AAC 306.025. The application must name the current
				  holder of the marijuana establishment license and the proposed transferee,
				  including all persons listed in
				  3 AAC 306.020 if the transferee is a partnership,
				  limited liability company, a corporation, or a local government. The
				  application must contain
(1) the same
				  information about each transferee as is required of an applicant for a new
				  license under
				  3 AAC 306.020;
(2) a statement, under oath, executed by the
				  current holder of the marijuana establishment license, listing all debts of the
				  business, all taxes the business owes, current contact information for each
				  creditor, and an affirmation that the current holder of the marijuana
				  establishment license has submitted a copy of the transfer application to all
				  creditors; and
(3) any other
				  information required by the board for the type of marijuana establishment
				  license sought to be transferred.
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 306.046 - Application for transfer of a marijuana establishment license to another location

Current through May 31, 2024
(a) A person may
				  not transfer to another location a marijuana establishment license issued under
				  AS 17.38 and this chapter without applying for and receiving the written
				  consent of the board.
(b) An
				  application for transfer of a marijuana establishment license to another
				  location must be filed in writing on a form or forms the board prescribes in
				  compliance with the applicable application procedures set out under
				  3 AAC 306.025.
(c) An application for transfer of a
				  marijuana establishment license to another location must identify the name of
				  the current license holder, the current location of the licensed premises, the
				  current local government, the proposed location of the proposed licensed
				  premises including global positioning system coordinates, and, if applicable,
				  the local government for the proposed location, the endorsements applicable to
				  the current location, and a statement of whether the license holder intends to
				  transfer the endorsements. An application for a transfer of a license to
				  another location must also contain
(1) the
				  same information about each person as is required of an applicant for a new
				  license under
				  3 AAC 306.020;
(2) a statement, under oath, executed by the
				  current holder of the license, listing all debts of the business, all taxes the
				  business owes, current contact information for each creditor, and an
				  affirmation that the current holder of the license has submitted a copy of the
				  application of the transfer of location to all creditors if the transfer of a
				  license to another location is concurrent with a transfer of a license to
				  another person;
(3) an operating
				  plan and proposed licensed premises as described under
				  3 AAC 306.020(b)(8),
				  3 AAC 306.020(c),
				  3 AAC 306.315(1)(B),
				  3 AAC 306.420,
				  3 AAC 306.520(2) and (3),
				  3 AAC 306.615,
				  3 AAC 306.705(d), and
				  3 AAC 306.710(d), if
				  applicable;
(4) an affidavit
				  showing where and when the applicant posted notice of the application, when the
				  applicant notified each local government with jurisdiction over the proposed
				  licensed premises, when the applicant notified the community council in the
				  area of the proposed licensed premises, and where and when an announcement of
				  the application was published, in compliance with
				  3 AAC 306.025(b);
(5) the title, lease, or other documentation
				  showing the applicant's sole right to possession of the proposed licensed
				  premises;
(6) the application fee
				  under 3 AAC 306.100; and
(7) any other information required by the
				  board for the type of marijuana establishment license sought to be
				  transferred.
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 306.047 - License Conversion

Current through May 31, 2024
(a) An application must be filed in writing
				  on a form the board prescribes, in compliance with the application procedure
				  set out under
				  3 AAC 306.025 to convert an existing
(1) limited marijuana cultivation facility
				  license to a standard marijuana cultivation facility license;
(2) standard marijuana cultivation facility
				  license to a limited marijuana cultivation facility license;
(3) marijuana concentrate manufacturing
				  facility license to a standard marijuana product manufacturing facility
				  license; or
(4) standard marijuana
				  product manufacturing facility license to a marijuana concentrate manufacturing
				  facility license.
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 306.049 - Foreclosures

Current through May 31, 2024
A marijuana establishment license issued under AS 17.38 and
					 this chapter is not subject to foreclosure and may not be used as collateral to
					 secure a debt. If a license is transferred to another person, the transferor
					 may secure payment for real and personal property conveyed to the transferee
					 upon the promise of the transferee to transfer the license back to the
					 transferor upon default in payment.
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
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 306.051 - Application for return of a license to a person with a retained security interest

Current through May 31, 2024
(a) A licensee who
				  wishes to establish a security interest in a marijuana establishment license
				  proposed for transfer to another person under
				  3 AAC 306.045 shall submit the following additional
				  documents with the transfer application:
(1)
				  a leasehold conveyance or contract of sale of real property made in the course
				  of the license transfer;
(2) a list
				  of personal property being conveyed from the transferor to the transferee,
				  along with the value of the property and a draft Uniform Commercial Code
				  financing statement in which a security interest in the license is claimed
				  under 3 AAC 306.049, this section, and
				  3 AAC 306.080(d)(2)(B), containing the
				  following statement: "Under the terms of
				  3 AAC 306.049,
				  3 AAC 306.051, and
				  3 AAC 306.080(d)(2)(B), the
				  transferor/lessor retains a security interest in the marijuana license that is
				  the subject of this conveyance, and may, as a result, be able to obtain a
				  retransfer of the license without satisfaction of other creditors."; the value
				  of the personal property must be sufficient for the board to determine that the
				  license is not being used as collateral except as provided under
				  3 AAC 306.049; and
(3) all transaction and security documents
				  relating to the lease or sale of real property and sale of personal property in
				  conjunction with the license transfer.
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 306.052 - Compelled transfer of a license to the prior licensee with a security interest in the license

Current through May 31, 2024
(a) If a former
				  licensee seeks to compel the transfer of a marijuana establishment license
				  because of a promise under
				  3 AAC 306.049 given as collateral by the current
				  licensee to the former licensee in the course of an earlier transfer of the
				  license, followed by a default in payment in connection with property conveyed
				  or a lease made in the course of the previous transfer, the board will deny the
				  transfer if the creditors are not satisfied under
				  3 AAC 306.080(d)(2)(A), unless it
				  clearly appears that
(1) the security
				  interest was established in the previous transfer in accordance with
				  3 AAC 306.051; and
(2) the term of a security interest in a
				  license to secure payment for personal property did not exceed 10
				  years.
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 306.055 - Criminal justice information and records

Current through May 31, 2024
(a) When filing an
				  application for a new marijuana establishment license, transfer of a license to
				  another person, or ownership change, the applicant, including each individual
				  listed in 3 AAC 306.020(b)(2), must submit the
				  person's fingerprints and the fees required by the Department of Public Safety
				  under AS
				  12.62.160 for criminal justice information.
				  An individual who has submitted fingerprints and fees under this section is not
				  required to submit a new set of fingerprints and fees for a second or
				  subsequent application for a new license, transfer of a marijuana establishment
				  license to another person, or ownership change, if the second or subsequent
				  application is submitted not later than 12 calendar months after the date
				  criminal justice information is received in response to the initial submission
				  of fingerprints and fees.
(b) The
				  director shall submit the fingerprints to the Department of Public Safety to
				  obtain a report of criminal justice information under AS 12.62. The board will
				  use the information obtained under this section to determine if an applicant is
				  qualified for a marijuana establishment license.
(c) In this section, "criminal justice
				  information" has the meaning given in
				  AS
				  12.62.900.
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
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 306.065 - Public participation

Current through May 31, 2024
A person may object to 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 by submitting
					 a written statement of reasons for the objection to the board and the applicant
					 not later than 30 days after the director has determined that the application
					 is complete and has given written notice to the local government in accordance
					 with 3 AAC 306.025. The objection must
					 be sent to the applicant at the mailing address or electronic mail address
					 provided in the notice of application and also to the board. If the board
					 determines to conduct a public hearing under this section, an interested person
					 may give oral testimony at the public hearing.
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
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 306.070 - Hearing on public protest

Current through May 31, 2024
The board may, on its own initiative or in response to an
					 objection or protest, hold a hearing to ascertain the reaction of the public or
					 a local government to an application. The director shall send notice of a
					 hearing under this section as provided in
					 AS
					 44.62.330 -
					 44.62.630 (Administrative
					 Procedure Act).
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
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 306.075 - Procedure for action on license application

Current through May 31, 2024
(a) The board will
				  decide whether to grant or deny an application for a marijuana establishment
				  license not later than 90 days after receiving the complete application.
				  However, the board will not grant or deny the application before the time
				  allowed for a protest under
				  3 AAC 306.060, unless the local government waives its
				  right to protest.
(b) Not later
				  than seven days before the date set for board action on applications, the
				  director shall post a meeting agenda listing the matters scheduled for action
				  at that meeting. The board may review an application without additional notice
				  to the applicant.
(c) The board
				  will consider any written objection, protest, suggested condition, or petition,
				  and also will consider any testimony received at a hearing on public protest
				  held under 3 AAC 306.070 when it considers the
				  application. The director shall retain the written objection, protest, or
				  suggested condition or petition, and the hearing record as part of the
				  permanent record of the board's review of an application.
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