3 AAC 306.250. Effect on licenses of restriction on sale

(a) If a majority of the voters vote under 3 AAC 306.200(a) to prohibit sale of marijuana and marijuana products or the operation of marijuana establishments, or if the assembly or city council passes an ordinance to the same effect, the board will not issue, renew, or transfer to another person a license for a marijuana establishment with premises located within the boundary of the local government [OR IN THE UNINCORPORATED AREA WITHIN 10 MILES OF THE BOUNDARIES OF THE LOCAL GOVERNMENT].

(b) A license for a marijuana establishment within the boundary of the local government [OR IN THE UNINCORPORATED AREA WITHIN 10 MILES OF THE BOUNDARY OF THE LOCAL GOVERNMENT] is void 90 days after the results of the election are certified, or after the effective date of an ordinance to the same effect if the local government opted out by ordinance.

(c) A license that expires during the 90 days after the certification of a local option election, or during the period of time between adoption or passage of an ordinance to the same effect and the effective date of that ordinance, may be extended until it is void under this section, by payment of a prorated portion of the annual license fee.
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The Marijuana Control Board proposes to adopt regulations in Title 3 of the Alaska Administrative Code, relating to the effect on licenses of restriction on sale in a local option area including the following:

1. 3 AAC 306.250(a)- Proposes removing the 10 mile boundary in the unincorporated area around a local government that has exercised a local option.

    

2. 3 AAC 306. 205(b)- Proposes removing the 10 mile boundary in the unincorporated area around a local government that has exercised a local option.

1. 3 AAC 306.250(c)- Proposes language for effect of opting out by ordinance as well as election

    

    

   You may comment in writing on the proposed regulations, including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Cynthia Franklin, Marijuana Control Board at 550 W. 7^th Ave, Suite 1600, Anchorage, AK 99501. Additionally, the Marijuana Control Board will accept written comments by electronic mail at marijuana@alaska.gov. Please notate “Comment on Local Option Effect Regulations” on the subject line of any emailed comment. Written comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. Please indicate the article and section number to which each comment refers, if applicable. Please indicate in the subject line “Comment on Local Option Effect requirements”. All written comments must be received no later than 4:30 p.m. on January 13, 2017.

    

   You may submit written questions relevant to the proposed regulations by email to marijuana@alaska.gov or to Cynthia Franklin at the above physical address. Please do not submit questions through the Alaska Online Public Notice System. The written questions must be received at least 10 days before the end of the public comment period, by January 3, 2017 at 4:30 p.m. The Marijuana Control Board will aggregate its response to substantially similar written questions and make the questions and response available on the Marijuana Control Board website. The Marijuana Control Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

    

   If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Craig Douglas at (907) 269-0350 no later than January 3, 2017 to ensure that any necessary accommodations can be provided.

    

   A copy of the proposed regulations are available through the electronic link to the complete text on the Alaska Online Public Notice System, on the Marijuana Control Board website at https://www.commerce.alaska.gov/web/amco/ or by contacting Craig Douglas at craig.douglas@alaska.gov or 550 W. 7^th Ste 1600, Anchorage, AK 99501.

    

   After the written public comment period ends, the Marijuana Control Board will either adopt the proposed regulations or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment in writing during the time allowed if your interests could be affected. No verbal public comment will be taken on the proposed changes.