Chapter 21.62


21.62.010    Scope.

21.62.020    Intent.

21.62.030    Definitions.

21.62.040    Pre-application conference and State of Alaska application review process.

21.62.050    Costs.

21.62.060    Safety and security plan.

21.62.070    Buffers.

21.62.080    General restrictions applied to all marijuana facilities.

21.62.010 Scope.

a. This chapter applies to the operation of all marijuana cultivation, manufacturing, retail, and testing facilities within the City boundaries.

b. This chapter in no way protects marijuana facilities from enforcement of Federal law nor is it intended to sanction conduct or operations prohibited by law. All persons engaged in the marijuana industry within the city operate at their own risk and have no legal recourse against the City in the event that City laws are preempted, negated or otherwise found unenforceable based upon Federal law prohibiting the sale, distribution, consumption or possession of marijuana. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.020 Intent.

a. This chapter is intended to impose regulations that prevent:

1. The distribution of marijuana to minors;

2. Revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;

3. The diversion of marijuana from states where it is legal under State law in some form to other states where it is unlawful;

4. State-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

5. Violence and the use of firearms in the cultivation and distribution of marijuana;

6. Drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;

7. The growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public land; and

8. Marijuana possession or use on Federal property. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.030 Definitions.

[Reserved]. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.040 Pre-application conference and State of Alaska application review process.

a. When this title requires a conditional use permit for a marijuana facility, the applicant must meet with the City Planner to discuss the conditional use permit process and any issues that may affect the proposed conditional use. This meeting is to provide for an exchange of general and preliminary information only and no statement made in such meeting by either the applicant or the City Planner shall be regarded as binding or authoritative for the purposes of this title.

b. Council is designated as the “local regulatory authority” as that term is used in AS 17.38.

c. The City Planner shall review all applications filed with the State of Alaska under AS 17.38, once those applications have been transmitted to the City for its review by the Marijuana Control Board or other designated agency of the State of Alaska, for compliance with the Code. Within 15 days of receipt of an application under this section, the City Planner shall provide the City Clerk with the application with a written notice to Council stating whether the application complies or fails to comply with the Code.

d. Upon receipt of the application and the City Planner’s notification regarding compliance, Council shall consider whether or not to protest the application at its next regularly scheduled meeting. Council may protest any application under this section or may recommend that an application under this section be approved subject to conditions.

e. The review of an application under this section shall not be subject to formal rules of evidence or procedure and Council may consider any facts or factors it deems relevant to its review so long as such facts or factors are not arbitrary, capricious or unreasonable.

f. Council’s decision regarding whether or not to protest an application under this section shall be final and is not subject to appeal. [Ord. 18-41 § 1, 2018; Ord. 16-50 § 1, 2016; Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.050 Costs.

The cost of all permits, studies and investigation required under this chapter shall be borne by the applicant. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.060 Safety and security plan.

A conditional use permit for a marijuana facility required by this title shall include an analysis of the ways in which the intent and purpose of this chapter have been met and the safety concerns identified in HCC 21.62.010 and 21.62.020 will be addressed. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.070 Buffers.

a. The Commission may require buffers, including berms, fences, trees, and shrubs, to minimize impacts to adjacent property. A landscaped buffer or combination of landscaping and berms of no less than 10 feet in width will be required where the property with a marijuana facility adjoins districts in which marijuana facilities are prohibited or permitted only as a conditional use.

b. The following buffer zones shall be applied to all marijuana facilities in all districts:

1. Schools: 1,000 feet.

2. Churches: 500 feet.

3. Jail: 500 feet.

4. Youth/recreation center: 500 feet.

5. Library: 200 feet.

c. Marijuana facilities abutting the Jack Gist Municipal Park, Karen Hornaday Municipal Park, Bayview Municipal Park, or Ben Walters Municipal Park must have 1,000 feet or more buffers measured from the boundary of the park.

d. For purposes of this section, “schools” mean property primarily used as a private or public elementary or secondary education facility or property primarily used as a post-secondary education facility, including but not limited to private, faith-based, and public colleges and universities. [Ord. 16-04(A-2)(S-3) § 5, 2016].

21.62.080 General restrictions applied to all marijuana facilities.

a. All marijuana facilities in all districts shall comply with HMC 21.59.030.

b. An application for a conditional use permit under this chapter shall not be approved if the location of the facility violates the regulatory intent in HMC 21.62.020. [Ord. 16-04(A-2)(S-3) § 5, 2016].