3 AAC 306.025 - Application procedure

(a) An applicant must initiate a new marijuana establishment license or endorsement application on a form the board prescribes, using the board's electronic system, to create a public notice form.

(b) After initiating a new marijuana license or endorsement application, the applicant shall give notice of the application to the public by

(1) posting a copy of the public notice form for 10 days at

(A) the exterior of the proposed licensed premises; and

(B) one other conspicuous location in the area of the proposed premises accessible to the general public;

(2) publishing an announcement once a week for three consecutive weeks in a newspaper of general circulation as defined in (h) of this section or broadcasting an announcement on a radio station serving the local area where the proposed license seeks to operate twice a week for three successive weeks during triple A advertising time; the newspaper or radio notice must include

(A) the name of the applicant;

(B) the name and location of the proposed premises;

(C) the type of license or endorsement applied for along with a citation to the provision of this chapter authorizing that type of license or endorsement; and

(D) a statement that any comment or objection may be submitted to the board; and

(3) submitting a copy of the public notice form to

(A) each local government with jurisdiction over the licensed premises; and

(B) each community council in the area of the proposed licensed premises.

(c) After the applicant completes the notice requirements in (b) of this section and submits each remaining application requirement listed in 3 AAC 306.020, the applicant must pay the application and license fees set out in 3 AAC 306.100. The notice requirements in (b) of this section must be given within the 90 days preceding the submittal of all application requirements listed in 3 AAC 306.020 and the application and license fee.

(d) When the director receives an application for a marijuana establishment license or endorsement, the director shall determine if the application is complete. Any application for a marijuana establishment license or endorsement that the director receives without the application and license fee is incomplete. If the director determines the application is complete, the director shall immediately give written notice to;

(1) the applicant;

(2) the local government with jurisdiction over the applicant's proposed licensed premises;

(3) the community council if the proposed licensed premises are located within the boundary of a community council established by municipal charter or ordinance; and

(4) any nonprofit community organization that has requested notification in writing.

(e) If an application for a marijuana establishment license or endorsement is incomplete, the director shall notify the applicant by electronic mail at the address provided by the applicant and shall either

(1) return an incomplete application in its entirety; or

(2) request the applicant to provide additional identified items needed to complete the application.

(f) When the director informs an applicant that its application is incomplete as provided in (e) of this section, 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 and pay a new application fee to obtain a marijuana establishment license or endorsement.

(g) The director may, not less than 90 days after initiation of an application, inform an applicant by electronic mail at the address provided by the applicant that missing application requirements listed in 3 AAC 306.020 must be submitted within 90 days. If an applicant fails to submit all missing application requirements during the 90-day period after the director's notice, the applicant must file a new application and pay a new application fee to obtain a marijuana establishment license.

(h) In this section, "newspaper of general circulation" means a publication that

(1) is published in newspaper format;

(2) is distributed at least once a week for at least 50 weeks each year within the judicial district where the proposed licensed premises is located, excluding a period when publication is interrupted by a casualty that the publisher cannot control;

(3) holds a second-class mail permit from the United States Postal Service;

(4) is not published primarily to distribute advertising; and

(5) is not intended primarily for a particular professional or occupational group.

Notes

3 AAC 306.025

Eff. 2/21/2016, Register 217, April 2016; am 12/28/2017,Register 224, January 2018; am 2/21/2019, Register 229, April 2019; am 4/11/2019, Register 230, April 2019; am 3/25/2020, Register 233, April 2020; am 4/9/2023, Register 246, July 2023

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