A marijuana establishment may not operate in the municipality unless it has obtained the applicable marijuana establishment license from the municipality. Upon approval by the assembly, the municipal clerk will issue the following marijuana establishment licenses under this chapter:
A. 
A retail marijuana store license, granting authority for activities allowed under AS 17.38.070(a), and subject to the standards of sections 10.80.300 through 10.80.371 and sections 10.80.700 through 10.80.755.
B. 
A marijuana cultivation facility license, granting authority for activities allowed under AS 17.38.070(b), and subject to the standards of sections 10.80.400 through 10.80.460 and sections 10.80.700 through 10.80.755.
C. 
A marijuana product manufacturing facility license, granting authority for activities allowed under AS 17.38.070(c), and subject to the standards of sections 10.80.500 through 10.80.545 and sections 10.80.700 through 10.80.755.
D. 
A marijuana testing facility license, granting authority for activities allowed under AS 17.38.070(d), and subject to the standards of sections 10.80.600 through 10.80.675 and sections 10.80.700 through 10.80.755.
(AO No. 2016-16(S), § 1, 2-9-2016)
A. 
(Reserved)
B. 
The municipality will not issue a marijuana establishment license if the licensed premises will be located in a liquor license premises.
C. 
The municipality will not issue a marijuana establishment license to an applicant proposing to license a premises located in a zone in which Title 21 of the Anchorage Municipal Code does not permit the marijuana establishment to be located.
D. 
The municipality will not issue a marijuana establishment license to a person that:
1. 
Is prohibited under AS 17.38.200(i) from receiving a marijuana establishment license because of a conviction of a felony; if the applicant is a partnership, limited liability company, or corporation, the municipality will not issue a license if any partner holding an interest in a partnership, any member holding an ownership interest in a limited liability company, or any owner of a corporation's stock is prohibited under AS 17.38.200(i) from obtaining a license; in this paragraph, "conviction of a felony" includes a suspended imposition of sentence;
2. 
Has within the preceding five years been found guilty of:
a. 
Selling alcohol without a license in violation of AS 04.11.010;
b. 
Selling alcohol to an individual under 21 years of age in violation of AS 04.16.051 or AS 04.16.052; or
c. 
A misdemeanor crime involving a controlled substance, violence against a person, use of a weapon, or dishonesty; or
3. 
Has, within two years before submitting an application been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana or operating an establishment where marijuana is consumed contrary to state law.
E. 
A municipal marijuana establishment license is not transferable from the specific location for which it is issued to a different location. The holder of a municipal marijuana establishment license that permanently ceases to operate the business at the location for which it is issued shall surrender the license to the municipal clerk within ten days.
F. 
A licensed marijuana retail establishment may not allow on-site consumption unless it has a current and valid municipal on-site consumption endorsement.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 1, 4-25-2017; AO No. 2017-95(S), § 1, 5-1-2017; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 1, 6-18-2019)
A. 
The municipality will not issue a marijuana establishment license if the licensed premises do not meet the requirements of title 21.
B. 
The prohibitions of sections 10.80.310, 10.80.405C, 10.80.510, or 10.80.610B apply to the premises identified in an application for a municipal marijuana establishment license beginning from the time the application is deemed completed under section 10.80.026. Violations are subject to enforcement action, including denial of the application, or suspension or revocation of the license if issued prior to final adjudication of the violation.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 2, 4-25-2017)
A. 
The municipality will issue each marijuana establishment license to a specific individual, to a partnership, including a limited partnership, to a limited liability company, or to a corporation. A person other than a licensee may not have a direct or indirect financial interest in the business for which a marijuana establishment license is issued.
B. 
The municipality will not issue a marijuana establishment license to:
1. 
An individual or a sole proprietorship unless the individual or proprietor is a resident of the state;
2. 
A partnership unless each partner is a resident of the state;
3. 
A limited liability company unless the limited liability company is qualified to do business in the state and each member of the limited liability company is a resident of the state; or
4. 
A corporation unless the corporation is incorporated or qualified to do business in the state and each shareholder is a resident of the state.
C. 
The municipality will issue each license for a specific location identified on the license as the licensed premises. A marijuana establishment must have a right to possession of its licensed premises at all times, and may not lease its licensed premises to another person for any reason. Modifications to the size of a license premises are allowed in accordance with sections 10.80.705 and 21.03.105. A marijuana establishment may not relocate its licensed premises to a different place without obtaining a license for the new premises as required under section 10.80.050.
D. 
The assembly may impose other conditions or restrictions on a license issued under this chapter when it finds that it is in the interests of the public to do so.
E. 
In this section,
"Direct or indirect financial interest"
means:
1. 
A legal or equitable interest in the operation of a business licensed under this chapter;
2. 
Does not include a person's right to receive:
a. 
Rental charges on a graduated or percentage lease-rent agreement for real estate leased to a licensee; or
b. 
A consulting fee from a licensee for services that are allowed under this chapter.
"Resident of the state"
means a person who meets the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in which that person applies for a marijuana establishment license under this chapter.
(AO No. 2016-16(S), § 1, 2-9-2016)
In addition to confirmation from the state of a deemed complete application as required by section 10.80.020, an applicant for a new municipal marijuana establishment license must submit to the planning department a municipal marijuana establishment license application, which shall be submitted on a form prescribed by the municipal clerk, and which shall provide the municipality with all information necessary to ensure that the applicant complies with supplemental standards contained in this chapter. Such information shall include, without limitation:
A. 
A sworn statement listing all criminal convictions, notwithstanding the form of judgment and including withheld judgments, deferred judgments, and bond forfeitures, against every owner and manager for any offense other than traffic infractions for the five years preceding the application date. The municipal clerk may require additional information, including, but not limited to, the date, place, and nature of the crime that resulted in the judgment.
B. 
A sworn statement that no licensee, as that term is used in 3 AAC 306.020(b)(2), owes past-due taxes, fees or fines to the municipality.
C. 
Information required by section 21.03.105 for a special land-use permit for marijuana.
D. 
Information required by section 10.80.056.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2019-66, § 2, 6-18-2019)
A. 
An applicant must initiate a new marijuana establishment license application only after submitting to the state alcohol and marijuana control office a complete application for a related state marijuana establishment license.
B. 
If an applicant for a new municipal marijuana retail store license or the holder of a valid municipal marijuana retail store license is applying for a municipal endorsement for on-site consumption, the application shall contain the information required by section 10.80.306D.
C. 
The applicant must pay to the municipality the application and licensing fees set out in section 10.80.100.
D. 
New application: When an application for a new marijuana establishment license and special land use permit is received, the director of the planning department shall determine if the application is complete. If the director determines the application is complete, the director shall as soon as is practicable give written notice to:
1. 
The applicant.
2. 
(Reserved)
3. 
The community council in which the proposed licensed premises is located.
4. 
(Reserved)
E. 
If an application for a marijuana establishment license is incomplete, the director of the planning department shall notify the applicant by electronic mail at the address provided by the applicant, and
1. 
Return an incomplete application in its entirety to the applicant; or
2. 
Request the applicant to provide additional identified items needed to complete the application.
F. 
When the director of the planning department informs an applicant that its application is incomplete as provided in subsection E, the applicant must complete the application not later than 90 days after the date of the director's notice. If an applicant fails to complete its application during the 90-day period after the director's notice, the applicant must file a new application.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 3, 4-25-2017; AO No. 2019-66, § 4, 6-18-2019)
A. 
Marijuana establishment licenses must be renewed every two years. On or before May 1 of each year, the municipal clerk shall send notice that a marijuana establishment with a license in active and operating status, which is requiring renewal, 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.
1. 
For all current licenses effective (as described in section 10.80.076D) prior to July 1, 2023, the municipal clerk shall determine what year each such license requires biennial renewal.
B. 
A marijuana establishment's renewal application must include:
1. 
Identification of the license sought to be renewed by license number, endorsement, 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 section 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 Title 4, 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;
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 which requires renewal 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 in which the establishment requires renewal even if the marijuana establishment does not receive the notice of expiration described in this section.
G. 
Expiration. All marijuana establishment licenses and endorsements expire at 12:00 midnight on August 31 of each year in which the establishment requires renewal, unless a different date is set in the assembly resolution approving the license or endorsement.
1. 
If a marijuana establishment fails to file a complete license renewal application on or before August 31 of a year in which the establishment requires renewal, 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 section 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, 2-9-2016; 2017-71(S), § 4, 4-25-2017; AO No. 2017-95(S), § 2, 5-1-2017;[1] AO No. 2019-66, § 5, 6-18-2019; AO No. 2023-46, § 1, 4-18-2023)
[1]
Editor's note — This ordinance also provided that "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."
A. 
General provisions. Except as otherwise provided in this section, a person may not receive or transfer a marijuana establishment license or controlling interest in a marijuana establishment license issued to a partnership, including a limited partnership, a limited liability company, or a corporation, without applying for the transfer and receiving the written consent of the assembly. Transfer of a controlling interest in a license includes a sale of all or part of the interest of an individual owner, and numerous separate transfers that in the aggregate amount to more than 50 percent of the ownership interest or the voting shares of a corporation.
B. 
Exceptions.
1. 
A transfer of a license with or without any associated endorsement issued to an individual as a sole proprietor to a limited liability company or a corporation with a single member or shareholder whom is the same individual may be approved by the municipal clerk. Any procedure in this section for a public hearing or assembly consideration or action is not applicable.
2. 
Continued operations following death of a licensee, pending a transfer. A person who is a personal representative appointed by the superior court for the estate of a deceased licensee who is:
a. 
A sole proprietorship may operate the marijuana establishment in accordance with section 10.80.920.
b. 
A partner holding a controlling interest in a partnership, a member holding a controlling ownership interest in a limited liability company, or an owner of a controlling interest in a corporation's stock, may represent the deceased licensee's interest in the entity for a period not to exceed 90 days, and shall submit an application for a transfer of a controlling interest under this section within that time. The municipal clerk may extend the time allowed in this section for up to an additional 90 days upon written request of the personal representative. This subsection does not authorize the transfer of a controlling interest in a marijuana establishment license by the personal representative, administrator or executor to the estate of a decedent. If an application for transfer of a license is not received within this time, the municipal clerk shall notify the assembly.
C. 
Procedure. An application for transfer with or without any associated endorsement must be filed in writing on a form the municipal clerk prescribes within ten days of the effective date of an agreement or contract for such a transfer, in compliance with the application procedure set out in section 10.80.026. Regardless of any private agreement terms, a transfer of the license or of a controlling interest in a license is not effective until after approval. The application must name the current holder(s) of the marijuana establishment license and the proposed transferee(s), including all persons listed in 3 AAC 306.020 if a transferee is a partnership, limited liability company, or a corporation. The application must contain:
1. 
The same information about each transferee as is required of an applicant for a new license under section 10.80.020, section 10.80.021 except for information regarding the previously approved special land use permit as required by sections 10.80.021C, and 3 AAC 306.020;
2. 
A statement, under oath, executed by the current holder of the marijuana establishment license, listing all debts of the business, all taxes the business owes, current contact information for each creditor, and an affirmation that the current holder of the marijuana establishment license has submitted a copy of the transfer application to all creditors;
3. 
Any other information required by the municipal clerk for the type of marijuana establishment license sought to be transferred; and
4. 
A municipal on-site consumption endorsement may only be transferred to another person if the license for which the endorsement was issued is also transferred to that person.
D. 
Action by the municipal clerk. When the municipal clerk receives a complete application for a transfer of a license with or without any associated endorsement to another person, the municipal clerk shall immediately:
1. 
(Reserved)
2. 
(Reserved)
3. 
Send notice of the proposed transfer to the community council in which the licensed premises is located; and
4. 
Schedule the application for transfer to be considered by resolution by the assembly as soon as practicable.
E. 
Renewal application may be required. If a licensed marijuana establishment submits an application for transfer after April 30 and before July 1 of a year in which the establishment requires renewal, it must also submit an application for renewal.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 6, 4-25-2017; AO No. 2017-95(S), § 3, 5-1-2017; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 6, 6-18-2019; AO No. 2023-46, § 2, 4-18-2023)
A. 
A licensed marijuana establishment shall, before or not later than ten days of the effective date of an agreement or contract for a non-controlling ownership change as described in this section, report the change on a form prescribed by the municipality, which shall include the information required under section 10.80.021, except for information regarding the previously approved special land use permit as required by section 10.80.021C. If an ownership change is due to the death of an individual with a non-controlling interest, the provisions allowing continued operation for a limited time set forth in section 10.80.045B.2 apply, pending submittal of a report.
B. 
If any change required to be reported under this section will result in a change in controlling interest of the marijuana establishment license, including sole proprietorships, the marijuana establishment must file an application for transfer under section 10.80.045. Numerous separate transfers that in the aggregate amount to more than 50 percent of the ownership interest or the voting shares of a corporation require an application for transfer.
C. 
In this section, "ownership change" means:
1. 
If the licensee is a partnership, including a limited partnership, any change in the identity of the partners, or in the ownership percentages held by any partners;
2. 
If the licensee is a limited liability company, any change in the identity of the members or managers, or in the ownership percentage held by any member; or
3. 
If the licensee is a corporation, any change in its corporate officers, any sale of corporate stock to a person not currently an owner, or any change of the percentage ownership of an existing shareholder.
D. 
Any applicant or affiliate reported under this section must have complied with the state's fingerprint and fee requirements under 3 AAC 306.055 or AS 12.62.160 for criminal justice information.
E. 
If a new owner owes past-due taxes, fees, or fines to the municipality, the owner shall have 30 days from the date the municipality notifies the new owner to pay the past-due taxes, fees, or fines. In the event such past-due taxes, fees, or fines are not paid within 30 days, the municipal clerk shall notify the assembly of the past-due taxes, fees, or fines.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 5, 4-25-2017; AO No. 2017-95(S), § 4, 5-1-2017; AO No. 2018-96(S), § 1, 11-7-2018)
A marijuana establishment license may not be relocated to any other premises. A holder of a marijuana establishment license that wishes to operate a marijuana establishment at a different location must submit a new application for any new premises, and must surrender an existing license for any premises where the marijuana establishment does not intend to continue its operation.
(AO No. 2016-16(S), § 1, 2-9-2016)
When filing an application for a new marijuana establishment license or a transfer, or reporting an ownership change, the applicant must provide, and agree in writing to prospectively provide, the municipal clerk with any communication from the State Marijuana Control Board then in the applicant's possession or subsequently received by the applicant, disclosing the substance of information received by the State Marijuana Control Board as a result of a criminal history record check conducted about the applicant.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 7, 4-25-2017; AO No. 2018-96(S), § 1, 11-7-2018)
A. 
The municipal clerk shall protest a state marijuana establishment license or endorsement application if:
1. 
The applicant proposes to operate a marijuana establishment within the municipality, and
2. 
Does not possess all licenses, permits and approvals needed to operate a marijuana establishment or endorsement activity within the municipality.
B. 
The assembly may recommend that the State Marijuana Control Board approve an application for a new state license, renewal of a state license, transfer of a state license with or without an associated endorsement to another person, or application for a new endorsement subject to a condition or conditions. In such circumstances, the municipal clerk shall request that a protest to the State Marijuana Control Board be lifted upon fulfillment of such condition or conditions.
C. 
For those marijuana establishments not requiring renewal, the municipal clerk may prepare a memorandum for the assembly's approval stating its non-objection or waiver of the right to protest.
D. 
A motion to reconsider may not be made regarding the assembly's action on whether to protest the state marijuana license application.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 7, 6-18-2019; AO No. 2019-84, § 3, 7-9-2019; AO No. 2023-46, § 3, 4-18-2023)
A person may comment on an application for a new license, renewal of a license, transfer of a license, transfer of a controlling interest in a license with or without any associated endorsement, or application for a new endorsement by submitting a written statement to the municipal clerk. If a public hearing is held, a person may also give oral testimony at the public hearing held in accordance with section 10.80.071.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 8, 4-25-2017; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 8, 6-18-2019)
A. 
The assembly will hold a hearing to ascertain the reaction of the public to a new application for a marijuana establishment. The hearing will be consolidated with the hearing required by section 21.03.105 on the applicant's associated application for a special land use permit.
B. 
The assembly may hold a hearing to ascertain the reaction of the public to an application for a renewal of a license, transfer of a license, or transfer of a controlling interest in a license.
C. 
The assembly will hold a hearing to ascertain the reaction of the public to a new application for an on-site consumption endorsement. The hearing may be consolidated with the hearing required for a new application for a marijuana establishment license under subsection A of this section. The assembly may hold a hearing to ascertain the reaction of the public to an application for renewal of an on-site consumption endorsement.
D. 
If a hearing is held pursuant to this section, the municipality shall send notice of a hearing to each community council within 1,000 feet of the proposed premises.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 9, 6-18-2019)
A. 
The assembly will decide whether to grant or deny an application after conducting a public hearing in accordance with section 10.80.071, if such a hearing is held.
B. 
The assembly will consider any written objection, suggested condition, or petition, and any testimony received at a public hearing held under section 10.80.071 when it considers the application. The municipal clerk will retain the written objection, suggested condition, or petition as part of the record of the assembly's review of an application.
1. 
On an application for renewal of a license or endorsement, the assembly may add, remove, or modify conditions of the license.
2. 
On an application for transfer of a license, with or without any associated endorsement, or transfer of a controlling interest in a license, the assembly may add, remove, or modify conditions of the license, including conditioning its grant of the transfer on satisfaction of any such conditions of the transfer or imposed on the transferees.
C. 
The assembly's decision on an application shall be made by assembly resolution.
D. 
After the assembly approves a license application, the applicant may not begin operating the marijuana establishment until the applicant has received and posted the municipal marijuana license and special land use permit certificate inside the licensed establishment in accordance with section 10.80.705B. A marijuana establishment license that has been "approved" but all conditions of approval have not been met is not "effective" until the establishment is in compliance with this subsection.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 10, 4-25-2017; AO No. 2017-95(S), § 5, 5-1-2017; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 10, 6-18-2019)
A. 
After review of the application, including the applicant's proposed operating plan and all relevant information, the assembly will deny an application for a new license or endorsement if the assembly finds that:
1. 
The application is not complete as required under the applicable standards sections 10.80.020 through 10.80.056, or contains any false statement of material fact;
2. 
The license or endorsement would violate any restriction in section 10.80.010 or 10.80.011 or 3 AAC 306;
3. 
The license or endorsement would violate any restriction applicable to the particular license type authorized under this chapter;
4. 
The license or endorsement is prohibited by municipal code;
5. 
The assembly finds that the operating plan does not adequately demonstrate that the applicant will comply with applicable standards of this chapter; or
6. 
Issuance of the license or endorsement will adversely impact the health, welfare or public safety of the neighborhood in which the marijuana establishment is proposed to be located, or otherwise would not be in the best interests of the public.
B. 
After review of the application and all relevant information, the assembly will deny an application for renewal of a marijuana establishment license if the assembly finds:
1. 
Any cause listed in subsection A of this section;
2. 
That the license has been revoked for any cause;
3. 
That the license has been operated in violation of a condition or restriction the assembly previously imposed; or
4. 
That the applicant is delinquent in the payment of taxes due in whole or in part from operation of the licensed business.
C. 
After review of the application and all relevant information, the assembly may deny an application for transfer of a license or transfer of a controlling interest in a license if the assembly finds:
1. 
Any cause listed in subsection A of this section;
2. 
That the transferor has not paid all debts or taxes arising from the operation of the business licensed under this chapter unless the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority;
3. 
That transfer of the license or of a controlling interest in the license would result in violation of the standards of this chapter relating to identity of licensees and financing of licensees; or
4. 
That a prospective transferee does not have the qualifications of an original applicant required under this chapter.
D. 
If the assembly denies an application for a new license, renewal of a license, transfer of a license, transfer of a controlling interest in a license, or a new or renewal of an endorsement, the municipal clerk will, not later than 15 days after the meeting at which the application was denied, furnish a written statement of issues to the applicant, explaining the reason for the denial in clear and concise language, and identifying any statute or regulation on which the denial is based. The notice of denial will inform the applicant of the right to appeal under section 10.80.095.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 11, 6-18-2019)
An applicant or marijuana establishment license or endorsement holder aggrieved by a final decision of the assembly regarding an application for a new license, a license renewal, or a transfer may appeal to the superior court.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 12, 6-18-2019)
A. 
The non-refundable application fee for a new marijuana establishment license or an application to transfer is $0, provided the fee shall only be due as authorized by AS 17.38.210 or another provision of state law.
B. 
The non-refundable application fee for a license renewal application is $0, provided the fee shall only be due as authorized by AS 17.38.210 or another provision of state law; if a renewal application is delinquent as provided under section 10.80.036, an additional non-fundable late-renewal application fee is $0, provided the fee shall only be due as authorized by AS 17.38.210 or another provision of state law.
C. 
The non-refundable fee to request approval of a change in a licensed marijuana establishment's business name, ownership, licensed premises diagram, operating plan, or proposed new marijuana product is $0, provided the fee shall only be due as authorized by AS 17.38.210 or another provision of state law. A change fee does not apply to an application for transfer of a license or a transfer of controlling interest to another person.
D. 
The license operating fee to be paid with each application for a new marijuana establishment facility license and each license renewal application is $0, except as further described in this subsection. If the state Marijuana Control Board fails to issue a timely response to an application as described in AS 17.38.210(f), and the municipality acts on the application, the applicant must pay an annual license operating fee to the municipality as follows:
1. 
For a marijuana retailer license, $0;
2. 
For an on-site consumption endorsement, $0;
3. 
For a marijuana cultivation facility license, $0;
4. 
(Reserved)
5. 
For a marijuana product manufacturing facility license, $0;
6. 
For a marijuana testing facility license, $0.
E. 
(Reserved)
F. 
If the assembly denies an application for a license or for renewal of a license, the municipality will refund the license operating fee received with the denied application for a license or renewal. The municipality will not refund a license operating fee after the license has been issued.
G. 
Fees charged by municipal departments for inspections or other applicable requirements shall be paid by the applicant.
(AO No. 2016-16(S), § 1, 2-9-2016; AO No. 2017-71(S), § 11, 4-25-2017; AO No. 2017-95(S), § 6, 5-1-2017; AO No. 2018-96(S), § 1, 11-7-2018; AO No. 2019-66, § 13, 6-18-2019; AO No. 2023-46, § 4, 4-18-2023)