3 AAC 306.380 - Walk-up or drive-through exterior window pick-up for retail marijuana stores

(a) Unless prohibited by local law, a licensed retail marijuana store may serve a consumer through a walk-up or drive-through exterior window in compliance with the requirements of this section.

(b) Before accepting orders for sales of marijuana or marijuana products through a walk-up or drive-through exterior window, a licensed retail marijuana store shall submit an operating plan or modification of an operating plan of the licensed premises to the board for approval. The operating plan or modified operating plan must depict the walk-up or drive-through exterior window area and the video surveillance of the walk-up or drive-through exterior window area.

(c) The area immediately outside a walk-up or drive-through exterior window must be under the licensee's sole possession and control and may not include any public property including public streets, public sidewalks, or public parking lots.

(d) The licensed retail marijuana store may accept Internet or telephone orders or may accept orders from the consumer at the walk-up or drive-through exterior window. Internet or telephone orders must be paid for and picked up in person by the consumer placing the order. All orders received through the walk-up or drive-through exterior window must be placed by the consumer from a menu. The retail marijuana store may not display marijuana or marijuana products at the walk-up or drive-through exterior window.

(e) Before completing a sale at a walk-up or drive-through exterior window, the licensee or the employee shall physically view and inspect the consumer's photographic identification. Each person in a vehicle at the drive-through exterior window must be 21 years of age or older, unless the person is the consumer's own child, grandchild, or ward who is not older than seven years of age seated or otherwise required by local or state law to be seated in a car seat or booster seat.

(f) All sales must occur within the licensed premises. This requirement is satisfied if payment is made through the following means:

(1) by an electronic Internet-based payment platform;

(2) by a mobile payment point-of-sale system;

(3) by payment transferred through the walk-up or drive-through exterior window into the interior of the retail marijuana store.

(g) A walk-up or drive-through exterior window area

(1) must be located

(A) so that compromises to security are minimized;

(B) so that for each transfer of marijuana or marijuana product through the walk-up or drive-through exterior window, the licensed retail marijuana store's video surveillance records

(i) the licensee's or employee of the licensee's verification of the consumer's photographic identification; and

(ii) the complete transaction; and

(C) within the licensed premises of the retail marijuana store;

(2) may not be

(A) in a building separate from the licensed premises of the retail marijuana store;

(B) in a movable structure, including a trailer or separate drive-through structure; or

(C) accessible only through a licensed premises of a different license type or the overlapping premises with another license type.

(h) The licensee shall ensure that sales and all interactions at the walk-up or drive-through exterior window are video recorded and the records are stored in compliance with 3 AAC 306.720.

(i) Sales of marijuana or marijuana products via a walk-up or drive-through exterior window are subject to requirements and restrictions imposed by the relevant local government.

Notes

3 AAC 306.380

Eff. 8/13/2023, Register 247, October 2023; am 12/8/2024, Register 252, January 2025

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