9.06.080 Licensing procedure.
A. Upon receipt of notice from the Marijuana Control Board for the state of Alaska of the Board’s receipt of an application or intent to approve the transfer, renewal or issuance of a new marijuana license:
1. The borough manager or authorized agent shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer, renewal or issuance of a new marijuana license by the State Board;
2. The borough manager shall ensure that a copy of the application and the investigation results are provided to the assembly in a timely manner but no later than five days before the final scheduled assembly meeting occurring during the protest time period; and
3. Except as provided in subsection (A)(4) of this section, the borough clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the borough assembly in order that citizens may comment as to whether or not the assembly should approve or protest the application or recommend that the license be issued, renewed, relocated or transferred with conditions. The applicant shall be allowed a reasonable opportunity to defend the application at the public hearing.
4. License renewals will be scheduled for public hearing only if the borough manager or the assembly determines that an interest of the borough other than payment of property taxes can be protected by recommending conditions or protesting the application.
B. If the borough manager determines that an interest of the borough can be protected by recommending conditions or protesting the granting of the application, the manager shall so inform the borough assembly.
C. Grounds for protesting an application include but are not limited to:
1. Whether the applicant has complied with conditions imposed by the State Marijuana Control Board;
2. Public health or safety, including pedestrian or vehicular traffic safety;
3. The character and public interests of the surrounding neighborhood;
4. Delinquent borough taxes except that delinquent property taxes shall not be grounds for protesting a renewal;
5. The grounds specified in regulations of the State Marijuana Control Board;
6. Any other factors the assembly in its discretion determines relevant to the public interest.
D. The assembly, after public hearing, shall determine if a protest to the application is to be lodged with the Board. If a protest is lodged, the assembly must set out its reasons in a written protest filed with the Board and copied to the applicant within 60 days of receipt from the Board of notice of filing the application. The reasons stated by the assembly must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. The protest may be based upon facts that render the particular application objectionable to the assembly, or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. If a protest is lodged, the borough manager is authorized to use any document or evidence necessary to advance effectively the position of the borough at any hearing before the State Marijuana Control Board.
E. The assembly, after public hearing, may recommend that a license be issued, renewed, or transferred with conditions.
F. In addition to the right to protest, the assembly may notify the Marijuana Control Board that the assembly has determined that a licensee has violated a provision of AS 17.38, a regulation adopted by the Board, or a condition imposed by the Board. (Ord. 17-08-472 § 4)