§ 10.80.810. Suspension or revocation of license, certain civil fines.  


Latest version.
  • A.

    The municipal clerk will suspend or revoke a marijuana establishment license issued under this chapter if any licensee is convicted of violating any provision of law listed in section 10.80.010D.2., or if the municipal clerk becomes aware that a licensee did not disclose a previous such conviction.

    B.

    The assembly may, in addition to other provisions of this chapter setting forth grounds for such action, suspend, revoke, or otherwise restrict a license issued under this chapter for the reasons set forth in this section. Except where summary suspension or revocation is provided for in this chapter, no decision of the assembly to suspend, revoke, or otherwise limit or restrict a license granted under this chapter shall be effective until the person holding that license is first given an opportunity to be heard before the decision is made. The assembly may impose a civil fine contemporaneously with a suspension, revocation or license restriction proceeding. The assembly may hold hearings or refer hearings to the Administrative Hearings Officer to conduct as the assembly's designee. If referred to an administrative hearings officer, the hearing officer shall conduct the hearing and prepare recommended findings, conclusions, and civil fines, if any. The administrative hearings officer shall forward the record of proceedings and the recommendations to the assembly for adoption, rejection or modification, and issuance of a final order or decision by the assembly. If the assembly modifies the hearing officer's recommended order or decision, the reasons shall be stated in the record before issuance of the final order or decision. The grounds for suspension, revocation or restriction of a marijuana establishment license include, but are not limited to, when the assembly finds a licensee.

    1.

    Misrepresented a material fact on an application for a marijuana establishment license, or an affidavit, report, or signed statement under AS 17.38 or this chapter; or

    2.

    Is following any practice or procedure that is contrary to the best interests of the public, including:

    a.

    Using any process not approved by the State Marijuana Control Board for extracting or manufacturing marijuana concentrate or products; or

    b.

    Selling or distributing any marijuana concentrate or product that has not been approved by the State Marijuana Control Board;

    3.

    Failed, within a reasonable time after receiving a notice of violation, to correct any defect that is the subject of the notice of violation of:

    a.

    AS 17.38 or this chapter;

    b.

    A condition or restriction imposed by the assembly, including a condition on a special land use permit for marijuana; or

    c.

    Other applicable law;

    4.

    Knowingly allowed an employee or agent to violate AS 17.38, this chapter, or a condition or restriction imposed by the assembly, including a condition on a special land use permit for marijuana;

    5.

    Failed to comply with any applicable land use, public health, fire, safety, or tax law or regulation in the municipality; or

    6.

    Used the licensed premises for an illegal purpose including gambling, possession or use of narcotics other than marijuana, prostitution, or sex trafficking.

    C.

    If the municipality obtains evidence that a marijuana establishment has violated a provision of AS 17.38, this chapter, or a condition the assembly has imposed on the marijuana establishment, including a condition on a special land use permit for marijuana, it shall so notify the State Marijuana Control Board.

( AO No. 2016-16(S), § 1, 2-9-16 ; AO No. 2017-71(S) , § 20, 4-25-17)