Ordinance 18-09 Disbanding Cannabis Advisory Commission

CITY OF HOMER
HOMER, ALASKA

Aderhold

ORDINANCE 18-09

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA DISBANDING THE CANNABIS ADVISORY COMMISSION AND REPEALING HOMER CITY CODE CHAPTER 2.78 OUTLINING THE DUTIES OF THE CANNABIS ADVISORY COMMISSION.

WHEREAS, Ordinance 15-07(A)(S)(A) established the Cannabis Advisory Commission in 2015 to ensure that the City of Homer (“City”) would, pursuant to Alaska Statute (“AS”) 17.38, receive a portion of marijuana license application fees and  for the purpose of creating regulations governing the cannabis industry within the City’s borders and drafting City standards for regulating cannabis and related facilities within the City; and

WHEREAS, The Cannabis Advisory Commission worked diligently and timely to bring forth standards that support new commercial marijuana-related opportunities to the City; and

WHEREAS, The City Council adopted the Cannabis Advisory Commission’s recommended Ordinance 16-04(A-2)(S-3), which established land use requirements for marijuana cultivation, manufacturing, testing and retail facilities; and 

WHEREAS, The Cannabis Advisory Commission has completed the work it was tasked to do and, consequently, should be disbanded, and

WHEREAS, The City Council will now serve as the Local Regulatory Authority for purposes of complying with AS 17.38.

NOW THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code Chapter 2.78 is hereby repealed.

2.78.010    Commission – Creation and membership.

2.78.020    Terms of members.

2.78.030    Proceedings of the Commission.

2.78.040    Duties and responsibilities of the Commission

2.78.010 Commission – Creation and membership.

a. There is created the City of Homer Cannabis Advisory Commission, referred to in this chapter as the Commission. The Commission shall serve as the local regulatory authority for purposes of AS 17.38.

b. The Commission consists of nine members, as follows:

1. Five public members, at least three of whom shall be City residents, who shall be nominated by the Mayor and confirmed by the Council.

2. Two Council members and one member of the Homer Advisory Planning Commission, who shall be nominated by the Mayor and confirmed by the Council.

3. The Chief of Police.

c. A Chairman and Vice-Chairman of the Commission shall be selected annually from and by the Commission members described in subsection (b)(1) of this section. [Ord. 15-07(A)(S)(A) § 1, 2015].

2.78.020 Terms of members.

a. Commission members described in HCC 2.78.010(b)(1) and (2) shall be appointed for three-year terms; provided, that the initial terms for such members shall be as follows:

1. Two members shall be appointed for three-year terms.

2. Two members shall be appointed for two-year terms.

3. One member shall be appointed for a one-year term.

b. A seat on the Commission becomes vacant when:

1. A member ceases to be qualified under HCC 2.78.010(b)(2) or (3); or

2. A member described in HCC 2.78.010(b)(1) is removed by a majority vote of the members present after unexcused absences from two or more successive regular or special Commission meetings. [Ord. 15-07(A)(S)(A) § 1, 2015].

2.78.030 Proceedings of the Commission.

The Commission shall meet regularly once a month for no more than two hours, and at the call of the Chairman. Permanent records or minutes shall be kept of the vote of each member upon every question. Every decision of finding shall immediately be filed in the office of the City Clerk, and shall be a public record open to inspection by any person. Every decision of finding shall be directed to the City Council at the earliest possible date. [Ord. 15-07(A)(S)(A) § 1, 2015].

2.78.040 Duties and responsibilities of the Commission.

It shall be the duty of the Commission to act in an advisory capacity to the City Manager and the City Council on the regulation of cannabis and operation of cannabis facilities within the borders of the City of Homer. Further duties shall include but not be limited to:

a. Draft recommended laws and policies regulating cannabis and related facilities within the City of Homer.

b. Provide information to the public regarding the regulation of cannabis within the City and develop programs and/or materials to educate the public regarding actions and regulations of cannabis in the City.

c. Supervise and monitor the implementation of laws and policies governing cannabis in the City.

d. Analyze the economic impact of cannabis regulation in the City. [Ord. 15-07(A)(S)(A) § 1, 2015].

Section 2.  This Ordinance shall take effect upon its adoption by the Homer City Council.

Section 3. This Ordinance is of a permanent and general character and shall be included in the City Code.

                ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ___ day of _______, 2018. 

                                                                                                          CITY OF HOMER

                                                                                                                BRYAN ZAK, MAYOR

ATTEST:

__________________________________

MELISSA JACOBSEN, MMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date: 

Reviewed and Approved as to form and content:

__________________________                           _________________________

Katie Koester, City Manager                                   Holly Wells, City Attorney

Date: _______________                                           Date: _______________