Chapter 8.10
LICENSED PREMISES DISPENSING ALCOHOLIC BEVERAGES

AND LICENSED MARIJUANA BUSINESS ESTABLISHMENTS

Sections:

8.10.005    Definitions.

8.10.010    Regulation of hours of operation of licensed premises dispensing alcoholic beverages authorized.

8.10.020    Regulation of hours of operation of a licensed marijuana business establishment.

8.10.030    Regulation of licensed marijuana business establishment locations.

8.10.040    Zoning permit restrictions for licensed marijuana business establishments.

8.10.050    Penalties.

Cross Reference – Assembly – Review of Liquor Licenses and Marijuana Establishment Licenses, Chapter 2.25 KGBC.

8.10.005 Definitions.

“Alcoholic beverage” shall have the meaning set forth in AS 04.21.080.

“Licensed premises” shall have the meaning set forth in AS 04.21.080.

“Marijuana business establishment” means any “marijuana cultivation facility”; “marijuana cultivation facility, limited”; “marijuana establishment”; “marijuana product manufacturing facility”; “marijuana retail store”; or “marijuana testing facility” as those terms are defined in KGBC 18.05.140, and which is licensed by the State of Alaska. [Ord. No. 1780AS, §2, 12-21-15; Ord. No. 683, §1, 3-20-89. Code 1974 §26.10.015. Formerly 8.10.030.]

8.10.010 Regulation of hours of operation of licensed premises dispensing alcoholic beverages authorized.

(a)    The borough hereby exercises the power to provide for and regulate the hours of operation of licensed premises dispensing alcoholic beverages on an areawide basis. This power shall be exercised concurrently with the exercise of this power by other municipalities within the borough who elect to exercise this power. Where a city within the borough has elected to regulate the hours of operation in a manner which is inconsistent with the borough’s regulation, the borough’s regulation shall defer to the hours of operation set by the city for licensed premises within that city.

(b)    The hours of operation of licensed premises dispensing alcoholic beverages are hereby established as follows: 8:00 a.m. until 2:00 a.m. of the following day. [Ord. No. 1802A, §3, 6-20-16; Ord. No. 1780AS, §3, 12-21-15; Ord. No. 683, §1, 3-20-89. Code 1974 §26.10.005.]

8.10.020 Regulation of hours of operation of a licensed marijuana business establishment.

(a)    Unless otherwise limited by State law, or inconsistent with applicable hours of operation set by a city within the borough, the borough hereby exercises the power to provide for and regulate the hours of operation of licensed marijuana business establishments within the borough.

(b)    Licensed marijuana retail stores which are subject to borough regulation under subsection (a) of this section may not operate before 8:00 a.m. and must cease operations before 2:00 a.m. on each day of operation. [Ord. No. 1802A, §4, 6-20-16; Ord. No. 1780AS, §4, 12-21-15.]

Clerk’s note: AS 17.38.210 limits the borough regulatory review under KGBC 8.10.020 to the nonareawide portion of the borough.

8.10.030 Regulation of licensed marijuana business establishment locations.

No licensed premises shall operate or be located in any location for which a zoning permit cannot or has not been issued. [Ord. No. 1802A, §5, 6-20-16; Ord. No. 1780AS, §5, 12-21-15.]

8.10.040 Zoning permit restrictions for licensed marijuana business establishments.

A zoning permit must be obtained prior to the construction of marijuana related business structures or implementation of marijuana related business activities. [Ord. No. 1802A, §6, 6-20-16; Ord. No. 1780AS, §7, 12-21-15.]

8.10.050 Penalties.

(a)    Violation of any provision of this chapter shall be subject to the penalties provided for in KGBC 1.25.070.

(b)    Violations of the provisions of this chapter shall be reported to the Alcoholic Beverage Control Board or the Marijuana Control Board of the State. [Ord. No. 1780AS, §6, 12-21-15; Ord. No. 683, §1, 3-20-89. Code 1974 §26.10.020. Formerly 8.10.040.]