§ 12.50.090. Certificate of registration: Application.

A.

Application for registration to operate as a retailer within the municipality shall be made to the chief fiscal officer on a form provided by the department, containing such information as the department may require, including:

1.

The retailer's name and mailing address;

2.

Names and addresses of all owners of the retailer and all responsible parties for the retailer, including as follows:

a.

Corporation: Names and addresses of the principal officers including president, vice-president, secretary, managing officer, and all stockholders who own ten percent or more of the stock in the corporation;

b.

Partnership, including a limited partnership: Names and addresses of all general partners and all partners with an interest of ten percent or more; or

c.

Limited Liability Company: Names and addresses of all members with an ownership interest of ten percent or more and the names and addresses of all managers;

3.

A copy of the retailer's current State of Alaska business license, including the line of business (LOB) code or equivalent;

4.

A copy of the retailer's current State of Alaska retail marijuana store license and current employee list setting out the full name(s) and marijuana handler permit number(s) as required by 3 AAC 306.755(a)(2);

5.

The name under which the retailer will conduct business operations;

6.

The physical location of each retail business operation where the retailer will conduct business within the municipality;

7.

The signature of a responsible party for the retailer, constituting acknowledgment of, and firmly binding the retailer, its owners, and all responsible parties to, the following:

a.

An agreement that any contemporaneous or future complaints filed by the department in the Alaska Court System related to responsibilities, duties, consequences, or disputes associated with this chapter shall at all times be within the venue of the Anchorage District or Superior courts located in Anchorage, Third Judicial District;

b.

An obligation, in the event that an owner, partner, managing member, responsible party, or employee of the retailer subsequently commits civil fraud, as defined by this chapter and demonstrated by a preponderance of the evidence to have occurred, to remit to the municipality an amount that equals the taxes that would have been paid to the municipality if all the retail sales taxes collected had been remitted, pursuant to this chapter; and

c.

An acknowledgment of a responsible party for the retailer that the retailer and any person involved in a civil fraud, as defined by this chapter and demonstrated by a preponderance of evidence to have occurred, will become ineligible to register or hold a certificate under this section for a period of five years, beginning with the date of conviction of fraud or the date of revocation of the retailer's registration in accordance with section 12.50.130;

8.

The signature of a responsible party for the retailer authorizing the State of Alaska to release information provided by or related to the retailer in accordance with AS 17.38 to the department at the request of the department;

9.

The signature of a responsible party for the retailer confirming that the retailer fully understands the relevant compliance requirements of this chapter; and

10.

Such other information as the department may require.

B.

A retailer having more than one retail location within the municipality shall apply with the department for a certificate to register each separate location, and may submit an application for additional locations other than the main or original location on a form provided by the department, which shall include:

1.

A copy of the retailer's current State of Alaska retail marijuana store license for each additional location and current employee list for the additional location setting out the full name(s) and marijuana handler permit number(s) as required by 3 AAC 306.755(a)(2);

2.

A copy of the retailer's certificate of registration for its main or original retail location, or indicate such main application is pending; and

3.

Such other information as the department may require.

C.

All retailers registered under this chapter shall maintain compliance with all relevant municipal and State of Alaska laws and administrative requirements related to the registered business, including but not limited to: business license, retail marijuana licenses, special land use permit and any related required periodic reporting.

D.

All retailers applying for registration under this chapter shall affirm that the retailer, and if a business entity then all persons identified in subsection A.2., is current with all financial obligations due to the municipality.

E.

A retailer applying for a certificate of registration under this chapter shall provide security for its fiduciary performance in accordance with section 12.50.160. Evidence of such security shall be submitted to the department with the application.

F.

An application for and acceptance of the certificate issued under this chapter constitutes confirmation and acknowledgement on behalf of the retailer and all responsible parties for the retailer of the fiduciary duties pursuant to this chapter.

G.

Each signature on the application shall be by a person or agent having such authority to sign and bind the retailer and shall be under penalty of prosecution for unsworn falsification.

( AO No. 2016-49(S), § 1, 5-10-16 )