Section 3.306.020. Application for new license.

	(a)  An applicant for a new marijuana establishment license must file an application as provided in 3 AAC 306.025, on a form the board prescribes, with the information and documents described in this section, along with the application fee and the annual license fee set out in 3 AAC 306.100, and the fingerprint cards and fees required by 3 AAC 306.055(a). The application must be initiated electronically; the completed application and fees may be filed electronically, or mailed or delivered to the director at the office of the board.  
	(b)  An application for a new marijuana establishment license must include  
		(1) the name of the applicant and any business name the applicant will use for the proposed marijuana establishment, along with the applicant's state business license number issued under AS 43.70;  
		(2) the name, mailing address, telephone number, and social security number of each proposed licensee and each affiliate of each proposed licensee; unless the context requires otherwise, "licensee" means each individual named in an application that complies with this section; an individual to be identified as a licensee under this section includes  
			(A) if the applicant is an individual or a sole proprietor, the individual or sole proprietor;  
			(B) if the applicant is a partnership, including a limited partnership, each partner holding any interest in the partnership;  
			(C) if the applicant is a limited liability company, each member holding any ownership interest;  
			(D) if the applicant is a corporation, each owner of any of the corporation's stock; and   
			(E) if the applicant is a local government, an authorized official of the local government;  
		(3) for each applicant that is not an individual, the applicable documents and information as follows:  
			(A) for a partnership, including a limited partnership, the partnership agreement, the name of each general or managing partner, and a list of all partners with the percentage of ownership of each partner;   
			(B) for a limited liability company, the limited liability company agreement, and a list of all members with the percentage of ownership of each member;  
			(C) for a corporation, the certificate of incorporation, the name of each corporate officer, and a list of all shareholders with the percentage of ownership of each shareholder;  
			(D) for a local government, a resolution of the governing body approving the application and designating an official responsible for the proposed marijuana establishment;  
		(4) for each person listed in compliance with (2) of this subsection, a statement of financial interest on a form the board prescribes;  
		(5) for each applicant that is not an individual, the name of the individual licensee or designated government official listed in the application under (2) of this subsection who is responsible for  
			(A) management of the marijuana establishment; and  
			(B) compliance with state laws;  
		(6) an electronic mail address at which the applicant agrees to receive any correspondence from the board before and after it receives a license; an applicant and a licensee must ensure that any electronic mail address provided to the board is current so that the board can contact the applicant or licensee at any time;  
		(7) the type of license the applicant is requesting;  
		(8) the address of the premises to include global positioning system (GPS) coordinates where the applicant intends to operate a marijuana establishment, and a detailed diagram of the proposed licensed premises; the diagram must show all entrances and boundaries of the premises, restricted access areas, and storage areas;  
		(9) the title, lease, or other documentation showing the applicant's right to possession of the proposed licensed premises;  
		(10) an affidavit showing where and when the applicant posted notice of the application, and proof of advertising as required in 3 AAC 306.025(b); and  
		(11) additional information that the board requires as follows:  
			(A) for a retail marijuana store, the information required under 3 AAC 306.315;  
			(B) for a marijuana cultivation facility, the information required under 3 AAC 306.420;  
			(C) for a marijuana product manufacturing facility, the information required under 3 AAC 306.520;  
			(D) for a marijuana testing facility, the information required under 3 AAC 306.615.  
	(c)  A marijuana establishment license application must include the applicant's operating plan, in a format the board prescribes, describing to the board's satisfaction the proposed marijuana establishment's plans for  
		(1) security;  
		(2) inventory tracking of all marijuana and marijuana products on the premises;  
		(3) employee qualification and training;  
		(4) waste disposal;  
		(5) transportation and delivery of marijuana and marijuana products; and  
		(6) signage and advertising.  
	(d)  An application for a marijuana establishment license must be signed by  
		(1) the applicant, if the applicant is an individual;  
		(2) an authorized general partner if the applicant is a partnership, including a limited partnership;  
		(3) a member who owns at least 10 percent of the limited liability company if the applicant is a limited liability company;  
		(4) the authorized officers of the corporation if the applicant is a corporation; or  
		(5) a designated official if the applicant is a local government.  
	(e)  Each person signing an application for a marijuana establishment license must declare under penalty of unsworn falsification that  
		(1) the application is true, correct, and complete;  
		(2) the applicant has read and is familiar with AS 17.38  and this chapter; and  
		(3) the applicant will provide all information the board requires in support of the application.  

Authorities

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

Notes

Reference

3 AAC 306.010
3 AAC 306.025
3 AAC 306.035
3 AAC 306.045
3 AAC 306.055
3 AAC 306.080
3 AAC 306.300
3 AAC 306.315
3 AAC 306.400
3 AAC 306.420
3 AAC 306.500
3 AAC 306.520
3 AAC 306.605
3 AAC 306.615
3 AAC 306.820
3 AAC 306.990

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 Editor's note: Forms and instructions for filing an application for a marijuana establishment license can be obtained online at the Marijuana Control Board's website or at the board's office. The board's Internet address is www.commerce.alaska.gov/web/abc/ and its office is at 550 West 7th Ave. Suite 1600, Anchorage, AK 99501. The board's telephone nurnber is [phone].

History

Eff. 2/21/2016, Register 217