Section 3.306.080. Denial of license application.

	(a)  After review of the application, including the applicant's proposed operating plan and all relevant information, the board will deny an application for a new license if the board finds that  
		(1) the application is not complete as required under the applicable provisions of 3 AAC 306.020 - 3 AAC 306.055, or contains any false statement of material fact;  
		(2) the license would violate any restriction in 3 AAC 306.010;  
		(3) the license would violate any restriction applicable to the particular license type authorized under this chapter;  
		(4) the license is prohibited under this chapter as a result of an ordinance or election conducted under AS 17.38.210, 3 AAC 306.200, or 3 AAC 306.230;  
		(5) the board finds that the operating plan does not adequately demonstrate that the applicant will comply with applicable provisions of this chapter; or  
		(6) the license would not be in the best interests of the public.  
	(b)  After review of the application and all relevant information, the board will deny an application for renewal of a marijuana establishment license if the board finds  
		(1) any cause listed in (a) of this section;  
		(2) that the license has been revoked for any cause;  
		(3) that the license has been operated in violation of a condition or restriction the board previously imposed; or  
		(4) that the applicant is delinquent in the payment of taxes due in whole or in part from operation of the licensed business.  
	(c)  After review of the application and all relevant information, the board will deny an application for transfer of license to another person if the board finds  
		(1) any cause listed in (a) of this section;  
		(2) that the transferor has not paid all debts or taxes arising from the operation of the business licensed under this chapter unless the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority;  
		(3) that transfer of the license to another person would result in violation of the provisions of this chapter relating to identity of licensees and financing of licensees; or  
		(4) that the prospective transferee does not have the qualifications of an original applicant required under this chapter.  
	(d)  If the board denies an application for a new license, renewal of a license, or transfer of a license to another person, the board will, not later than 15 days after the board meeting at which the application was denied, furnish a written statement of issues to the applicant, explaining the reason for the denial in clear and concise language, and identifying any statute or regulation on which the denial is based. In the notice of denial the board will inform the applicant of the right to an informal conference under 3 AAC 306.085 and to a formal hearing under 3 AAC 306.090.  

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