3 Alaska Admin. Code § 306.046

Current through August 30, 2024
Section 3 AAC 306.046 - Application for transfer of a marijuana establishment license to another location
(a) A person may not transfer to another location a marijuana establishment license issued under AS 17.38 and this chapter without applying for and receiving the written consent of the board.
(b) An application for transfer of a marijuana establishment license to another location must be filed in writing on a form or forms the board prescribes in compliance with the applicable application procedures set out under 3 AAC 306.025.
(c) An application for transfer of a marijuana establishment license to another location must identify the name of the current license holder, the current location of the licensed premises, the current local government, the proposed location of the proposed licensed premises including global positioning system coordinates, and, if applicable, the local government for the proposed location, the endorsements applicable to the current location, and a statement of whether the license holder intends to transfer the endorsements. An application for a transfer of a license to another location must also contain
(1) the same information about each person 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 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 license has submitted a copy of the application of the transfer of location to all creditors if the transfer of a license to another location is concurrent with a transfer of a license to another person;
(3) an operating plan and proposed licensed premises as described under 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), 3 AAC 306.615, 3 AAC 306.705(d), and 3 AAC 306.710(d), if applicable;
(4) an affidavit showing where and when the applicant posted notice of the application, when the applicant notified each local government with jurisdiction over the proposed licensed premises, when the applicant notified the community council in the area of the proposed licensed premises, and where and when an announcement of the application was published, in compliance with 3 AAC 306.025(b);
(5) the title, lease, or other documentation showing the applicant's sole right to possession of the proposed licensed premises;
(6) the application fee under 3 AAC 306.100; and
(7) any other information required by the board for the type of marijuana establishment license sought to be transferred.
(d) When the board receives a complete application for transfer of a marijuana establishment license to another location, the director shall send notice of the proposed transfer to
(1) the local government with jurisdiction over the current location and, if different, the local government with jurisdiction over the applicant's proposed new location;
(2) the community council with jurisdiction over the current location and, if different, the community council with jurisdiction over the proposed new location if the new location is located within the boundary of a community council established by municipal charter or ordinance;
(3) any nonprofit community organization that has requested the notice in writing; and
(4) any other state or local government entity whose approval is necessary for the transfer of the license to another location, as the board determines necessary.
(e) If the transfer of a license to another location is concurrent with the transfer of the license to another person as described under 3 AAC 306.045, the application must be filed in writing on a form or forms the board prescribes, in compliance with this section, the applicable application procedures set out in 3 AAC 306.025, and 3 AAC 306.045, and submit the person's fingerprints and fees as required under 3 AAC 306.055(a).
(f) A current holder of a marijuana establishment license shall submit a license renewal application before or at the same time as an application for a transfer of a license to another location that is submitted after April 30 and before August 31.

3 AAC 306.046

Eff. 1/22/2023, Register 245, April 2023

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