Section 3.306.810. Suspension or revocation of license.

	(a)  The board will suspend or revoke a marijuana establishment license issued under this chapter if any licensee is convicted of a felony or of a crime listed in 3 AAC 306.010(d)(2) or (3), or if the board becomes aware that a licensee did not disclose a previous felony conviction or a conviction of a crime listed in 3 AAC 306.010(d)(2) or (3).  
	(b)  The board may suspend or revoke a license issued under this chapter, refuse to renew a license, or impose a civil fine, if the board finds that a licensee for any marijuana establishment  
		(1) misrepresented a material fact on an application for a marijuana establishment license, or an affidavit, report, or signed statement under AS 17.38  or this chapter; or  
		(2) is following any practice or procedure that is contrary to the best interests of the public, including  
			(A) using any process not approved by the board for extracting or manufacturing marijuana concentrate or products; or  
			(B) selling or distributing any marijuana concentrate or product that has not been approved by the board;  
		(3) failed, within a reasonable time after receiving a notice of violation from the director, to correct any defect that is the subject of the notice of violation of  
			(A) AS 17.38  or this chapter;  
			(B) a condition or restriction imposed by the board; or  
			(C) other applicable law;  
		(4) knowingly allowed an employee or agent to violate AS 17.38,  this chapter, or a condition or restriction imposed by the board;  
		(5) failed to comply with any applicable public health, fire, safety, or tax statute, ordinance, regulation, or other law in the state; or  
		(6) used the licensed premises for an illegal purpose including gambling, possession or use of narcotics other than marijuana, prostitution, or sex trafficking.  
	(c)  A local government may notify the director if it obtains evidence that a marijuana establishment has violated a provision of AS 17.38,  this chapter, or a condition or restriction the board has imposed on the marijuana establishment. Unless the board finds that the local government's notice is arbitrary, capricious, and unreasonable, the director shall prepare the notice and supporting evidence as an accusation against the marijuana establishment under AS 44.62.360, and conduct proceedings to resolve the matter as described under 3 AAC 306.820.  

Authorities

17.38.010;17.38.070;17.38.121;17.38.131;17.38.150;17.38.190;17.38.200;17.38.900

Notes

Reference

3 AAC 306.805
3 AAC 306.815
3 AAC 306.840

Authority

AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17.38.131 AS 17.38.150 AS 17.38.190 AS 17.38.200 AS 17.38.900

History

Eff. 2/21/2016, Register 217