3 AAC 306.035 - Application for renewal of license; reinstatement for failure to timely renew

(a) On or before May 1 of each year, the director shall send notice that a marijuana establishment with a license in active and operating status must file a renewal application not later than June 30 of the current year. The director shall send the notice to the marijuana establishment's electronic mailing address on file with the board. In the notice the director shall include a hyperlink for the marijuana establishment to access the electronic renewal application by means of the Internet, along with instructions on using and submitting the form. Any marijuana establishment with a license in active and operating status on or before June 30 of the current year must submit the completed renewal application, along with the license renewal fee, to the director not later than June 30 of each year. If June 30 falls on a Saturday or Sunday, the deadline is extended to 4:30 p.m. on the first business day following June 30. If mailed, the complete renewal application and fee must be postmarked by the deadline. A marijuana establishment must maintain a current electronic mailing address on file with the director. A marijuana establishment is not excused from filing a renewal application as required in this section even if the marijuana establishment fails to receive a renewal notice from the director.

(b) A marijuana establishment's renewal application must

(1) identify the license sought to be renewed by license number, license type, establishment name, and premises address;

(2) provide the information required for a new license application under 3 AAC 306.020(b)(1) - (2) and (4) - (8);

(3) report, for each licensee listed in 3AAC 306.020(b)(2),

(A) any criminal charge on which that licensee has been convicted in the previous two calendar years; and

(B) any civil violation of AS 04, AS 17.38, or this chapter in the previous two calendar years;

(4) upon request, provide adequate proof of right to possession of the licensed premises; and

(5) declare 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 board requires in support of the renewal application.

(c) If the director determines that the renewal application is complete, the director shall give written notice of a renewal application to

(1) the applicant;

(2) each 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.

(d) The director may require an applicant for renewal or reinstatement of a license under this chapter to submit fingerprints and pay fees as required by 3 AAC 306.055(a).

(e) A licensee required to submit a renewal application under (a) of this section that does not deliver a renewal application to the director on or before June 30 of each year is delinquent and must pay the late renewal application fee under 3 AAC 306.100(b) with the renewal application.

(f) On or before August 15 of each year, the director shall deliver a notice of expiration to each marijuana establishment required to submit a renewal application under fa) of this section that has not filed a complete application for renewal of a license, along with any applicable affidavit and the required fee, unless the marijuana establishment has notified the director that it does not intend to seek a renewal of its license. The director shall deliver the notice of expiration to the electronic mail address the marijuana establishment has provided to the director. A marijuana establishment is not excused from filing a license renewal application not later than August 31 of each year even if the marijuana establishment does not receive the notice of expiration described in this section.

(g) If a marijuana establishment required to submit a renewal application under (a) of this section fails to deliver a complete license renewal application or fails to pay the required renewal fee and the late renewal application fee on or before August 31 of each year, that marijuana establishment license expires at 12:00 midnight on August 31 of that year. A holder of an expired license shall immediately surrender the license to the board. Any holder of an expired license that seeks authority to operate must file a complete new application under 3 AAC 306.020, and 3 AAC 306.025, along with the required fees. A holder of an expired license may apply for reinstatement as described in (i) of this section.

(h) The board may renew a license where a licensee is not considered a resident of the state as defined at 3 AAC 306.015(f)(2), if, as part of the renewal application, the licensee submits documentation to the board's satisfaction that

(1) the licensee's primary residence is in the state;

(2) the licensee has good cause for not meeting the requirements to be a resident of the state as defined at 3 AAC 306.015(f)(2); and

(3) the cause of not meeting the requirements to be a the resident of the state as defined at 3 AAC 306.015(f)(2) is temporary.

(i) A holder of an expired license under (g) of this section may apply to the board for reinstatement of a license not later than September 30 of the year on which the license expired. When applying for reinstatement, the applicant shall

(1) submit a statement of reason, on a form prescribed by the board, for not submitting a renewal application on time;

(2) submit a complete renewal application as required in (b) of this section, including the license renewal fees, and, if applicable, fingerprints, and fees as required by 3 AAC 306.055(a);

(3) attest that the applicant has not been granted reinstatement under this section during the prior five years;

(4) satisfy any additional requirements for reinstatement of the license as required by the board; and

(5) pay the non-refundable license reinstatement fee set out under 3 AAC 306.100(b).

(j) Nothing in (i) of this section gives any person a right to reinstatement of the license. License reinstatement will be granted solely as described under this chapter.

(k) Granting license reinstatement does not prevent the board from taking additional disciplinary action against the licensee.

Notes

3 AAC 306.035

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 3/25/2020, Register 233, April 2020; am 7/30/2022, Register 243, October 2022; am 1/22/2023, Register 245, April 2023; am 3/11/2023, Register 245, April 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