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Until a marijuana establishment surrenders its license to the board, and so long as business is conducted under the license on the licensed premises, the person holding the license, whether an individual, a partnership, a limited liability company, a corporation, or a local government, is responsible and liable for the conduct of the business. Any individual exercising actual authority over the conduct of business on the licensed premises must be the holder of the marijuana establishment license, or an agent or employee of that person unless the board has approved a transfer of the license to a different person.

History: Eff. 2/21/2016, Register 217

Authority: AS 17.38.010

AS 17.38.070

AS 17.38.121

AS 17.38.150

AS 17.38.190

AS 17.38.200

AS 17.38.900

3 AAC 306.920. Death of licensee

(a) If an individual who is the sole licensee of a marijuana establishment dies, the marijuana establishment shall cease operation. A personal representative appointed by the superior court for the estate of the deceased licensee may submit to the director a written request to reopen the business, along with a copy of the court order appointing the personal representative. If the licensed marijuana establishment is in good standing, and the personal representative is not a person prohibited from holding a marijuana establishment license under AS 17.38.200 (i), the director shall grant permission to the personal representative to operate the business on the licensed premises subject to (b) of this section. In this section, a marijuana establishment is in good standing if the marijuana establishment

(1) has a valid current license;

(2) has paid all fees due under this chapter and all local taxes due; and

(3) has no unresolved suspension or revocation proceedings against it.

(b) A personal representative authorized to operate a marijuana establishment under (a) of this section must submit an application for a transfer of ownership to another person in compliance with 3 AAC 306.045 not later than 90 days after obtaining the director's approval to operate. The board may extend the time allowed in this section for another 90 days if the personal representative requests the additional time.

(c) This section does not authorize the transfer of a marijuana establishment license unless the board approves the personal representative's application for transfer of license to another person.

History: Eff. 2/21/2016, Register 217

Authority: AS 17.38.010

AS 17.38.070

AS 17.38.121

AS 17.38.150

AS 17.38.190

AS 17.38.200

AS 17.38.900

3 AAC 306.925. Submissions to the board

Except as otherwise specifically provided in this chapter, applications and communications of a formal nature must be submitted in writing, upon prescribed forms as appropriate, to the board at its main office, and are not considered timely filed until received there.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.190

AS 17.38.200

3 AAC 306.930. Staff

(a) The director of the board is responsible for the management of the board's offices, the administration of the board's functions, and the enforcement of AS 17.38 and this chapter.

(b) The director shall employ and supervise necessary clerical and investigative personnel and shall prescribe their duties and authority.

(c) The director shall prescribe forms for application for new licenses, transfers, and renewals and for endorsements, petitions, and other necessary documents.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.140

AS 17.38.150

AS 17.38.190

3 AAC 306.935. Conduct of board meetings

(a) The board will, at the first meeting of each calendar year, select a chair from among its members to preside over board meetings during the ensuing year.

(b) The board will meet at the call of the chair after reasonable public notice is given.

(c) For the purposes of AS 17.38.111 (b), the whole membership is all persons appointed and serving as members of the board.

(d) The director is responsible for preparing an informative agenda for each board meeting. A copy of the agenda must be available for inspection by persons who request it.

History: Eff. 12/28/2016, Register 220

Authority: AS 17.38.111

AS 17.38.121

AS 17.38.150

AS 17.38.190

3 AAC 306.990. Definitions

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