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A. Purpose. The purpose of this chapter is to provide for the municipal regulation of marijuana and marijuana establishments as allowed by state law. This chapter and the regulations related to marijuana establishments herein are adopted pursuant to the express authority granted by AS 17.38.110. This chapter and the regulations herein are intended to allow the Borough to regulate marijuana and marijuana establishments within the broadest range of municipal control contemplated by state statute.

B. Local Control of Marijuana Establishments. The Borough may by ordinance exercise local control of marijuana establishments within the broadest range of municipal control contemplated by state law, including the following types of local control:

1. Prohibit the operation of all or any type of marijuana establishments;

2. Regulate marijuana establishments in a manner more restrictive than state law;

3. Establish a local registration procedure for marijuana establishments;

4. Designate a local regulatory authority for the following purposes:

a. Receive half of the state registration application fee;

b. Receive a copy of each state registration application and provide input to the state on such application; and

c. Process applications for registration to operate a marijuana establishment within the Borough and to issue registrations in the event that the state authority fails to process applications in accordance with AS 17.38.090 and 17.38.100; provided, that all such applications for registration must be processed within 90 days of receipt of the application or resubmitted application unless the application is not in compliance with ordinances and regulations and the applicant is so notified;

5. Establish a schedule of annual operating fees;

6. Regulate the time and manner of operations of marijuana establishments;

7. Regulate the number of marijuana establishments;

8. Regulate the manner in which marijuana and marijuana products may be displayed by a retail marijuana store; and

9. Establish civil penalties for violation of Borough ordinance. (Ord. 2015-09 § 2, 2015. 2004 Code § 9.17.010.)