3 AAC 306.015 - License conditions
(a) The board will
issue each marijuana establishment license to a specific individual, a
partnership, including a limited partnership, a limited liability company, a
corporation, or a local government. 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) Except as set out under
3
AAC 306.035(h), the board will not
issue, renew, or approve an application for a transfer 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
corporate officer, director, and shareholder is a resident of the
state.
(c) The board
will issue each marijuana establishment license for a specific location
identified on the application 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.
If a marijuana establishment wishes to reduce or expand the area of the
licensed premises used for a marijuana establishment, the marijuana
establishment must submit a new line drawing showing the proposed changes to
the premises and must obtain the board's written approval.
(d) A person may not transfer a marijuana
establishment license to another location without the applicant applying for
and receiving written consent of the board. Subject to any applicable
provisions of AS 17.38 and this chapter, the board may approve an application
for a transfer of a marijuana establishment license to another location in a
different local government.
(e) The
board will impose other conditions or restrictions on a marijuana establishment
license or endorsement issued under this chapter when it finds that it is in
the interests of the public to do so.
(f) In this section,
(1) "direct or indirect financial interest"
(A) means a legal or equitable interest in
the operation of a business licensed under this chapter;
(B) does not include a person's right to
receive
(i) rental charges on a graduated or
percentage lease-rent agreement for real estate leased to a licensee;
or
(ii) a consulting fee from a
licensee for services that are allowed under this chapter;
(2) "resident of the state" means
a person who is eligible at the time of application for the most recent
permanent fund dividend under AS 43.23.
Notes
Authority:AS 17.38.010
AS 17.38.070
AS 17.38.121
AS 17.38.150
AS 17.38.190
AS 17.38.200
AS 17.38.900
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