FY2016-17 Amending the KIBC Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses 1
2 Introduced by: Assembly member Rohrer
Requested by: Assembly member Rohrer
3 Drafted by: Assembly member
4 Rohrer/Borough Clerk
5 Introduced: 02/18/2016
6 Public Hearing: 03/03/2016
Amended: 03/03/2016
7 Adopted: 03/03/2016
8
9 KODIAK ISLAND BOROUGH
10 ORDINANCE NO. FY2016-17
11
12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
13 AMENDING THE KODIAK ISLAND BOROUGH CODE TITLE 5 BUSINESS
14 LICENSES AND REGULATIONS BY CREATING A NEW CHAPTER 5.02
is MARIJUANA BUSINESSES
16
17 WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has
18 provided for the legalization of various marijuana-related activities on a specific timeline; and
19
20 WHEREAS, AS 17.38.110, "local control" in subsection (a) provides: "A local government may
21 prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing
22 facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an
23 ordinance or voter initiative"; and
24
25 WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS
26 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana
27 cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or
28 retail marijuana stores within its borders; and
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
31 BOROUGH THAT:
32
33 Section 1: This ordinance is of a general and permanent nature and shall become a part of
34 the Kodiak Island Borough Code of Ordinances; and
35
36 Section 2: This ordinance shall be in effect through February 28, 2017.
37
38 Section 3: A Marijuana Task Force will be created in the form of a resolution of the
39 Assembly and shall exist concurrent with this ordinance.
40
41 Section 24: KIBC Title 5 Business Licenses and Regulations is hereby amended by creating
42 a new chapter 5.02 Marijuana Businesses to read as follows:
43
44 Chapter 5.02
45
Kodiak Island Borough, Alaska Ordinance No. FY2016-17
Page 1 of 2
46 MARIJUANA BUSINESSES
47
48 Sections:
49 5.02.010 Marijuana Businesses Prohibited.
50 5.02.020 Enforcement.
51
52 5.02.010 Marijuana Businesses Prohibited.
53 The operation of marijuana cultivation facilities, marijuana product manufacturing facilities,
54 marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island
55 Borough is hereby prohibited.
56
57 5.02.020 Enforcement
58
59 A. A violation of a provision of this chapter is an offense punishable by a penalty not to exceed
60 a fine of $1,000, in addition to the surcharge required under AS 12.55.039. Each day that a
61 violation continues constitutes a separate violation and is subject to a separate fine.
62
63 B. Notwithstanding the availability of any other remedy provided by the provisions of this code,
64 the borough or any person aggrieved by a violation of this chapter may institute a civil action
65 for injunctive relief to enforce these provisions in any court of competent jurisdiction.
66
67 Section 3. Effective date. This ordinance is effective upon passage.
68
69 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
70 THIS THIRD DAY OF MARCH, 2096
71
72
73 KODIAK ISLAND BO GH
74 °
75
76
77 J rrol Friend, $ %gh Mayor
78
79 ATTEST:
80 °
81
82
83
MMC, Boro h Cl „w.
Nova M. Javter, Clerk
Kodiak Island Borough, Alaska Ordinance No. F21 -17
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