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 306.010 - License restrictions

Current through May 31, 2024
(a) The board will
				  not issue a new marijuana establishment license, or approve an application for
				  a transfer of a license to another location, if the licensed premises will be
				  located within 500 feet of a school ground, a recreation or youth center, a
				  building in which religious services are regularly conducted, or a correctional
				  facility. The distance specified in this subsection must be measured by the
				  shortest pedestrian route from the public entrance of the building in which the
				  licensed premises would be located to the outer boundaries of the school
				  ground, the outer boundaries of the recreation or youth center, the main public
				  entrance of the building in which religious services are regularly conducted,
				  or the main public entrance of the correctional facility. This section does not
				  prohibit the renewal of a marijuana establishment license, a license conversion
				  under 3 AAC 306.047, or the transfer of a
				  marijuana establishment license to another person if the licensed premises were
				  in use before the school ground, recreation or youth center, the building in
				  which religious services are regularly conducted, or a correctional facility
				  began use of a site within 500 feet. If a marijuana establishment license for
				  premises located within 500 feet of a school ground, a recreation or youth
				  center, a building in which religious services are regularly conducted, or a
				  correctional facility is revoked or expires, the board will not issue another
				  marijuana establishment license for the same premises unless the school ground,
				  the recreation or youth center, the building in which religious services are
				  regularly conducted, or the correctional facility no longer occupies the site
				  within 500 feet
(b) The board will
				  not issue a new marijuana establishment license, or approve an application for
				  a transfer of a license to another location, if the licensed premises will be
				  located in a liquor license premises.
(c) The board will not issue a new marijuana
				  establishment license, or approve an application for a transfer of a marijuana
				  establishment license to another location when a local government protests an
				  application under
				  3 AAC 306.060 on the grounds that the applicant's
				  proposed licensed premises are located in a place within the local government
				  where a local zoning ordinance prohibits the marijuana establishment, unless
				  the local government has approved a variance from the local
				  ordinance.
(d) The board will not
				  issue a marijuana establishment license to a person that
(1) is prohibited under
				  AS
				  17.38.200(i) from receiving
				  a marijuana establishment license because of a conviction of a felony; if the
				  applicant is a partnership, limited liability company, or corporation, the
				  board will not issue a license if any person named in
				  3 AAC 306.020(b)(2) is prohibited under
				  AS
				  17.38.200(1) from obtaining
				  a marijuana establishment license; in this paragraph, "conviction of a felony"
				  includes a suspended imposition of sentence;
(2) has been found guilty of
(A) selling alcohol without a license in
				  violation of
				  AS
				  04.11.010;
(B) selling alcohol to an individual under 21
				  years of age in violation of
				  AS
				  04.16.051 or
				  04.16.052; or
(C) a misdemeanor crime involving a
				  controlled substance, violence against a person, use of a weapon, or dishonesty
				  within the preceding five years; or
(3) has, within two years before submitting
				  an application, been convicted of a class A misdemeanor relating to selling,
				  furnishing, or distributing marijuana or operating an establishment where
				  marijuana is consumed contrary to state law.