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 306.060 - Protest by local government

Current through May 31, 2024
(a) Not later than
				  60 days after the director sends notice of an application for a new marijuana
				  establishment license, a new onsite consumption endorsement, renewal of a
				  marijuana establishment license, renewal of an onsite consumption endorsement,
				  license conversion, endorsement, transfer of a marijuana establishment license
				  to another person, or transfer of a marijuana establishment license to another
				  location, a local government with jurisdiction over the location of the
				  proposed licensed premises may protest the application by sending the director
				  and the applicant a written protest and the reasons for the protest. If an
				  application for a transfer of a marijuana establishment license to another
				  location proposes to relocate a licensed establishment within the jurisdiction
				  of a different local government, the local government with jurisdiction over
				  the proposed location may protest the application on the basis of taxes owed to
				  the local government with jurisdiction over the current location of the
				  licensed premises. The director may not accept a protest received after the
				  60-day period. If the protest is a conditional protest, the board will require
				  the applicant to show, to the board's satisfaction, that the requirements of
				  the local government have been met before the director may issue the marijuana
				  establishment license. If the protest is not a conditional protest, the board
				  will deny the application unless the board finds that the protest is arbitrary,
				  capricious, and unreasonable.
(b) A
				  local government may recommend that the board approve an application for a new
				  marijuana establishment license, a new onsite consumption endorsement, renewal
				  of a marijuana establishment license, renewal of an onsite consumption
				  endorsement, license conversion, transfer of a marijuana establishment license
				  to another person, or transfer of a marijuana establishment license to another
				  location subject to a condition. If an application for a transfer of a
				  marijuana establishment license to another location proposes to relocate a
				  licensed establishment within the jurisdiction of a different local government,
				  the local government with jurisdiction over the proposed location may recommend
				  that the board approve the marijuana establishment license subject to a
				  condition that is based on reasons identified by the local government with
				  jurisdiction over the current location, if those reasons are still relevant to
				  the proposed location. The board will impose a condition a local government
				  recommends unless the board finds the recommended condition is arbitrary,
				  capricious, and unreasonable. If the board imposes a condition a local
				  government recommends, the local government shall assume responsibility for
				  monitoring compliance with the condition unless the board provides
				  otherwise.
(c) If a local
				  government with jurisdiction over the location of the licensed premises
				  determines that a marijuana establishment has violated a provision of AS 17.38,
				  this chapter, or a condition the board has imposed on the licensee, the local
				  government may notify the board. Unless the director finds that the local
				  government's notice is arbitrary, capricious, and unreasonable, the director
				  shall prepare the determination as an accusation against the licensee under
				  AS
				  44.62.360 and conduct proceedings to resolve
				  the matter as provided under
				  3 AAC 306.820.
(d) In this section,
(1) "local government" means each local
				  government with jurisdiction over the licensed premises; in case of an
				  application for a transfer of a marijuana establishment license to another
				  location, "local government" means the local government with jurisdiction over
				  the proposed licensed premises;
(2)
				  "conditional protest" means a protest by a local government based on the local
				  government requirements that the applicant must meet before licensure, and that
				  the applicant has not yet met but that the local government expects the
				  applicant will able to meet within a reasonable period of time.