§ 10.80.036. Municipal application for renewal of license; failure to timely renew results in potential closure; expiration results in termination of license and special land use permit.  


Latest version.
  • A.

    On or before May 1 of each year, the municipal clerk shall send notice that a marijuana establishment must file a renewal application not later than June 30 of the current year. Renewal applications filed after that date are delinquent and subject the marijuana establishment to potential closure pending approval of the application as described in subsection G. Renewal applications for the next license period will be accepted by the municipal clerk's office only between May 1 and August 31, inclusive.

    B.

    A marijuana establishment's renewal application must include:

    1.

    Identification of the license sought to be renewed by license number, license type, establishment name, and premises address;

    2.

    The information required for a state license renewal application under 3 AAC 306.035 and a municipal license under AMC section 10.80.021, except for information regarding the previously approved special land use permit as required by subsection 10.80.021C.;

    3.

    Any change from the marijuana establishment's original license application or last renewal application for any change in:

    a.

    The name of the marijuana establishment business;

    b.

    The licensed premises from the last diagram submitted;

    c.

    The marijuana establishment's operating plan; and

    d.

    Any new product a licensed marijuana product manufacturing facility wishes to produce;

    4.

    A report, for each licensee:

    a.

    Any criminal charge on which that licensee has been convicted in the current and previous calendar years;

    b.

    Any civil violation of AS 04, AS 17.38, or this chapter in the current and previous calendar years; and

    c.

    If a current holder of a marijuana establishment license has a change in ownership or transfer of a controlling interest, it must submit a change report or an application for transfer at the same time as the application for renewal is submitted, if such report or application has not been submitted before the renewal application; and

    5.

    A declaration 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 municipal clerk requires in support of the renewal application; and

    6.

    Any other information required by the municipal clerk.

    C.

    If the municipal clerk determines that the renewal application is complete, the municipal clerk shall give notice of a renewal application to:

    1.

    The applicant; and

    2.

    Reserved;

    3.

    The community council in which the licensed premises is located;

    4.

    Reserved.

    D.

    If a marijuana establishment has received approval for its original license and special land use permit by the assembly, but it is not effective before July 1 of the current year because all conditions have not been met, a renewal application is not required to be submitted.

    E.

    On or before May 1 of each year, the municipal clerk shall notify each community council of all the marijuana establishment licenses located within its boundaries that are due to expire in August that calendar year, and advise councils they may request a public hearing before the assembly on any renewal within its boundaries. Requests for a hearing made by a community council under this section shall be made no later than June 15 of that same year, and shall be submitted to the assembly as part of its packet before action is taken on those renewals.

    F.

    On or before August 15 of each year, the municipal clerk shall deliver a notice of expiration to each marijuana establishment that has not filed a complete application for renewal of a license, along with any applicable affidavit unless the marijuana establishment has notified the municipal clerk that it does not intend to seek a renewal of its license. A marijuana establishment is not excused from filing a license renewal application not later than August 31 of each year even if the marijuana establishment does not receive the notice of expiration described in this section.

    G.

    Expiration. All marijuana establishment licenses expire at 12:00 midnight on August 31 of each year, unless a different date is set in the assembly resolution approving the license.

    1.

    If a marijuana establishment fails to file a complete license renewal application on or before August 31, the holder of that expired license shall, within ten days of expiration, surrender the license to the municipal clerk. Any holder of an expired license with no renewal application pending that seeks authority to operate must file a complete new application under sections 10.80.020 and 10.80.026, along with the required fee.

    2.

    If a marijuana establishment files a complete license renewal application between May 1 and on or before August 31:

    a.

    Filed on or before June 30. The marijuana establishment may continue operating under the current license notwithstanding the expiration date until the renewed license is approved and effective, or until the assembly denies the application for renewal, only if its renewal application was filed on or before June 30.

    b.

    Filed on or after July 1. The marijuana establishment shall not operate after August 31 until the renewed license is approved and effective, if the renewal application was filed on or after July 1. Such an establishment may retain possession of the marijuana or marijuana product that is otherwise compliant with this chapter on its premises, during the period it is prohibited from operations pending a decision on the renewal application and, if approved, compliance with all conditions.

    c.

    Notwithstanding subsection 21.03.105C.10.a., the special land use permit for marijuana shall not expire unless the renewal application is denied.

    H.

    Nothing in this section supersedes any proceeding to suspend or revoke a license.

( AO No. 2016-16(S), § 1, 2-9-16 ; 2017-71(S) , § 4, 4-25-17; AO No. 2017-95(S) , § 2, 5-1-17)

Editor's note

Section 10 of AO No. 2017-95(S) , effective May 1, 2017, states, "Notwithstanding the Code amendments adopted by this ordinance, the 2017 municipal marijuana establishment license renewal applications shall be considered delinquent (section 10.80.036A.) only if they are filed after July 31, 2017."