FY2017-28 Enacting A New KIBC Section Within The Title 5, Marijuana Businesses, 5.02.005, Local Regulatory Authority, To Designate The Borough Assembly As The Local Regulatory Authority For The Kodiak Island Borough, Pursuant To A.S. 17.38.2101
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Introduced by: Borough Manager
Drafted by: Finance Director
Introduced on: 03/23/2017
Public Hearing Date: 04/06/2017
Adopted on: 04/06/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-28
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ENACTING A
NEW KODIAK ISLAND BOROUGH CODE SECTION WITHIN TITLE 5, MARIJUANA
BUSINESSES, 5.02.005, LOCAL REGULATORY AUTHORITY, TO DESIGNATE THE
BOROUGH ASSEMBLY AS THE LOCAL REGULATORY AUTHORITY FOR THE KODIAK
ISLAND BOROUGH, PURSUANT TO A.S. 17.38.210.
WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has
legalized various marijuana -related activities, and authorized the State to regulate and tax such
activities; and
WHEREAS, AS 17.38.210 authorizes local governments to enact ordinances and regulations
governing the time, place, manner, and number of marijuana establishment operations that do
not conflict with State law; and
WHEREAS, AS 17.38.210 authorizes the Borough to designate a local regulatory authority
that is responsible for processing any applications submitted for a registration to operate a
marijuana establishment within the Borough; and,
WHEREAS, AS 17.38.200 provides that a copy of each application and one half of any
application fee paid to the State of Alaska will be forwarded to the applicable local regulatory
authority; and,
WHEREAS, designating the Kodiak Island Borough Assembly as the local regulatory authority
will permit the Borough to provide input to the State Marijuana Control Board regarding
applications for marijuana establishments that, if granted, will be situated within the Borough,
and to receive one half of the application fees for such marijuana establishments.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Chapter 5.02.005 of the Kodiak Island Borough Code of Ordinances is amended to
read as follows:
5.02.005 Local regulatory authority.
Kodiak Island Borough, Alaska
Ordinance No. FY2017-28
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A. The Kodiak Island Borough Assembly is the local regulatory authority for the regulation of
marijuana establishments in all areas of the borough outside of cities as provided by AS 17.38
and any implementing regulations.
B. The Assembly is authorized to provide comments to the State of Alaska Marijuana Control
Board regarding any application for a license to operate any marijuana establishment within the
Kodiak Island Borough, consistent with the standards set forth at AS 17.38 and 3 AAC 306.
Effective Date: This ordinance takes effect immediately upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF APRIL, 2017
KODIAK ISLAND BOROUGH
Daniel A. Rohrer, Mayor
ATTEST:
UNANIMOUS VOTE:
Ayes: Skinner, Smiley, Symmons, Townsend, Van Daele, LeDoux
Absent: Crow
Kodiak Island Borough, Alaska
Ordinance No. FY2017-28
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