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FY2016-17A Amending Kodiak Island Borough Ordinance No. FY2016-17 To Extend The Sunset Date Relating To The Current Regulation Of Marijuana Businesses From February 28, 2017 To April 30, 20171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: CDD Director Drafted by: CDD Director Introduced on: 02/02/2017 Public Hearing Date: 02/16/2017 Adopted on: 02/16/2017 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17A AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17 TO EXTEND THE SUNSET DATE RELATING TO THE CURRENT REGULATION OF MARIJUANA BUSINESSES FROM FEBRUARY 28, 2017 TO APRIL 30, 2017 WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110, 'local control' in subsection (a) provides: "A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or voter initiative"; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders; and WHEREAS, the Kodiak Island Borough formed a Marijuana Task Force through the adoption of Kodiak Island Borough Resolution No. FY2016-31; and WHEREAS, the Marijuana Task Force developed recommendations for regulating marijuana businesses in the Kodiak Island Borough; and WHEREAS, the Kodiak Island Borough is seeking input from municipal and tribal governments within the Borough; and WHEREAS, the incorporation of comments from municipal and tribal governments and additional review by the Planning and Zoning Commission and Borough Assembly will extend beyond the original sunset date of February 28, 2017; and WHEREAS, anew sunset date is needed for KIBC 5.02; and WHEREAS, language codified by Ordinance FY2016-17 as KIBC 5.02 will remain unchanged. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2016-17A Page 1 of 2 Version 1 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The sunset date of February 28, 2017 established by Ordinance No. FY2016-17 is hereby amended to April 30, 2017. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY, 2017. KODIAK ISLAND BOROUGH A. Rohrer, Mayor VOTES: Ayes: Crow, LeDoux, Smiley, Symmons, VanDaele Noes: Skinner, Townsend Kodiak Island Borough, Alaska Deletion – Red, Strikeout Insertion – Bold, Blue, Underlined ATTEST: �ark #Q�— Nova M. Javier, MMC, Yerk Ordinance No. FY2016-17A Page 2 of 2 Version 1