§ 12.50.010. Definitions.

Any words, terms and phrases not defined in this section shall, if defined therein, have the meaning given in AS 17.38.900 or regulations adopted by the Alaska Marijuana Control Board, or otherwise shall have their ordinary and common meaning. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate means a certificate of registration.

Certificate of registration means a license issued by the department authorizing a specified retailer to assess, collect, and timely remit to the department the retail marijuana sales tax levied by this chapter.

Chief fiscal officer means the chief fiscal officer of the municipality or designee.

Consideration means something of value given by each party to a contract that induces that party to enter into the agreement to exchange mutual performances. Consideration must have a value that can be objectively determined.

Consumer means a natural person who purchases retail marijuana or retail marijuana products for personal use by persons 21 years of age or older, but not for resale to others.

Department means the finance department of the municipality.

Fiduciary means a retailer or a person or responsible party acting on behalf of a retailer, to whom the duties to collect, segregate and remit the taxes authorized by this chapter is entrusted for purposes specified in this chapter.

Funds means money, assets or intangible assets that can be converted to United States currency and/or coin.

Inventory count means the effective date and details of a count by description, including the trade name and brand, purchase price and total quantity on-hand of all marijuana and marijuana products.

Marijuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate.

Marijuana product(s) means products that are concentrated extracts of marijuana and products that are comprised of marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, oils, ointments, and tinctures.

Marijuana cultivation facility means any person licensed by the State of Alaska to cultivate, prepare and package marijuana and to sell marijuana to retailers, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

Marijuana product manufacturing facility means any person licensed by the State of Alaska to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retailers, but not to consumers.

Municipality means the Municipality of Anchorage.

Person includes an individual, company, partnership, limited liability partnership, joint venture, joint agreement, limited liability company, association (mutual or otherwise), corporation, estate, trust, business trust, receiver, trustee, syndicate, or any combination acting as a unit.

Responsible party means a person who has a level of control over, or entitlement to, the funds or assets of a retailer that, as a practical matter, enables the individual, directly or indirectly, to control, manage, or direct the retailer or the retail operations.

Retail marijuana sales tax means the sales tax levied by Charter section 14.06 and this chapter on retail marijuana and retail marijuana products sold at a retailer and paid by the consumer, pursuant to this chapter.

Retailer means any person or responsible party who is required to be licensed as a retail marijuana store by the State of Alaska and the municipality to sell marijuana or marijuana products to the public.

Retail sale means any exchange or barter, in any manner or by any means whatsoever, for consideration, of marijuana or marijuana products by a retailer to a consumer.

Sale(s) price means the consideration, whether money, rights, credit or other property expressed in the terms of money paid or delivered by a consumer to a retailer, without deduction for the cost of property sold, materials used, labor cost, discount, delivery costs or any other expense whatsoever paid or accrued and without deduction on account of losses.

Tax return means the monthly report to be submitted to the department as required by section 12.50.170.

( AO No. 2016-49(S), § 1, 5-10-16 )