Section 3 AAC 306.045 - Application for transfer of a license to another person(a) A person may not receive or transfer a marijuana establishment license or a controlling interest in a marijuana establishment license issued to a partnership, including a limited partnership, a limited liability company, a corporation, or a local government, without applying for and receiving the written consent of the board. Transfer of a license includes a sale of all or part of the interest of an individual owner.(b) An application for transfer of a marijuana establishment license, or of a controlling interest in a marijuana establishment license issued to a partnership, a limited liability company, a corporation, or a local government, must be filed in writing on a form the board prescribes, in compliance with the application procedure set out in 3 AAC 306.025. The application must name the current holder of the marijuana establishment license and the proposed transferee, including all persons listed in 3 AAC 306.020 if the transferee is a partnership, limited liability company, a corporation, or a local government. The application must contain (1) the same information about each transferee as is required of an applicant for a new license under 3 AAC 306.020;(2) a statement, under oath, executed by the current holder of the marijuana establishment license, listing all debts of the business, all taxes the business owes, current contact information for each creditor, and an affirmation that the current holder of the marijuana establishment license has submitted a copy of the transfer application to all creditors; and(3) any other information required by the board for the type of marijuana establishment license sought to be transferred.(c) When the board receives a complete application for transfer of a license to another person, the director shall immediately send written notice of the proposed transfer to (1) each listed creditor of the current holder of the marijuana establishment license, along with the amount shown as owed to that creditor;(2) each local government with jurisdiction over the applicant's proposed licensed premises;(3) the' community council if the licensed premises are located within the boundary of a community council established by municipal charter or ordinance; and(4) any nonprofit community organization that has requested notification in writing.(d) A current holder of a marijuana establishment license must submit a license renewal application before or at the same time as an application for a transfer of a marijuana establishment license to another person that is submitted after April 30 and before August 31.(e) When a transferee intends to continue to operate a marijuana license with the operating plan approved by the board for the transferor, the transferee may submit a form approved by the board certifying that the transferee is making no changes to the operating plan or licensed premises instead of submitting information required by 3 AAC 306.020(b)(8), 3 AAC 306.020(c), 3 AAC 306.315(1)(B), 3 AAC 306.420, 3 AAC 306.520(2) and (3), and 3 AAC 306.615.Eff. 2/21/2016, Register 217, April 2016; am 12/28/2017, Register 224, January 2018; am 2/21/2019, Register 229, April 2019; am 1/22/2023, Register 245, April 2023Authority:AS 17.38.010
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