§ 7.30.020. Assembly review—Standards.

A.

The assembly shall cause a protest to be filed with the State of Alaska Marijuana Control Board on any application submitted for a new marijuana license, or any application requesting approval of a relocation of the licensed premises, or any application requesting approval of a transfer of a license to another person, or the application for renewal of a license, within the borough, in the following situations:

1.

Where borough records indicate that the applicant, applicant's affiliates and/or transferor is in violation of the borough sales, and/or personal and real property tax ordinances and regulations, has any unpaid balance due on tax accounts for which the applicant and/or transferor is liable or has failed to comply with any of the filing, reporting or payment provisions of the borough ordinances or regulations. A protest shall not be filed for balances due secured by a payment agreement authorized by borough ordinances, as long as:

a.

The applicant, applicant's affiliates or transferor is in compliance with the payment agreement; and

b.

The payment agreement requires payment in full by the end of the next license year; and

c.

The applicant, applicant's affiliates or transferor is involved in no more than two payment agreements within the prior five (5) years.

d.

Notwithstanding the provisions of this subsection, the borough is not required to file a protest if the transferor and/or applicant or applicant's affiliates have made satisfactory arrangements with the borough for the discharge of a tax obligation from the proceeds of the transfer or by payment from the person to whom the license is to be transferred. Further, if the proposed transferee holds a security interest in the license or licensed premises and seeks the transfer as part of an action foreclosing or protecting that security interest the borough will not protest a transfer to the holder of the security interest so long as satisfactory arrangements have been made by the transferee to pay the delinquent taxes in accordance with this chapter and other provisions of the borough code and no other provisions of this chapter would cause or allow a protest to be made.

B.

Marijuana establishments shall not:

1.

Be located within 1,000 feet of any school. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer parcel boundaries of the school.

2.

Be located within 500 feet of a recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility. The distance specified in this subsection must be measured by the shortest pedestrian route from the public entrance of the building in which the licensed premises would be located to the outer boundaries of the recreation or youth center, or the main public entrance of the building in which religious services are regularly conducted, or the correctional facility.

3.

Be located within a local option zoning district.

C.

Marijuana establishments shall:

1.

Be located where there is sufficient ingress and egress for traffic to the parcel including:

a.

Except for limited cultivation facilities the approach shall be constructed to a minimum of 24 feet in width where it accesses a borough right-of-way;

b.

There shall be no parking in borough rights-of-way generated by the marijuana establishment;

c.

The site development shall delineate a clear route for delivery vehicles which shall allow vehicles to turn safely;

d.

On-site parking and loading areas shall be designed to preclude vehicles from backing out into the roadway; and

2.

Not conduct any business on, or allow any consumer to access, the retail marijuana store's licensed premises, between the hours of 2:00 a.m. and 8:00 a.m. each day; and

3.

Be current in all Kenai Peninsula Borough obligations consistent with KPB 7.30.020(A); and

4.

Maintain a state license issued pursuant to AS 17.38 and 3 AAC 306.

D.

Applicant is responsible for complying with all federal, state and local laws applicable to marijuana. By issuing a recommendation to the Marijuana Control Board the borough is not authorizing the violation of local, state, or federal law.

E.

The assembly may recommend conditions on a license to meet the following standards: protection against damage to adjacent properties, offsite odors, noise, visual impacts, road damage, and criminal activity, and protection of public safety.

(Ord. No. 2018-23 , § 3, 6-19-18; Ord. No. 2016-07 Sub. , § 2, 2-23-16)