Section 3.306.015. License conditions.

	(a)  The board will issue each marijuana establishment license to a specific individual, to a partnership, including a limited partnership, to a limited liability company, to a corporation, or to 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)  The board 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 board 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. 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. A marijuana establishment may not relocate its licensed premises to a different place without obtaining a license for the new premises as required under 3 AAC 306.050.  
	(d)  The board will 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,  
		(1) "direct or indirect financial interest" means  
			(A) 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 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.  

Authorities

17.38.010;17.38.070;17.38.121;17.38.150;17.38.190;17.38.200;17.38.900

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

History

Eff. 2/21/2016, Register 217; add'l am 2/21/2016, Register 217