Ordinance 18-41 Amending HCC 21.61.040(b) and Codifying Council's Role a the Local Regulatory Authority Re: Marijuana Establishment Applications

CITY OF HOMER
HOMER, ALASKA

City Clerk

ORDINANCE 18-41

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HCC 21.61.040(B) TO CODIFY THE CITY COUNCIL’S ROLE AS THE LOCAL REGULATORY AUTHORITY UNDER AS 17.38 AND AUTHORIZING COUNCIL TO DECIDE WHETHER TO PROTEST MARIJUANA ESTABLISHMENT APPLICATIONS FILED WITH THE STATE OF ALASKA FOR SITES WITHIN THE CITY OF HOMER

WHEREAS, AS 17.38.200 provides that, upon receiving an application or renewal application for a marijuana establishment, the Marijuana Control Board shall immediately forward a copy of each application and half of the registration application fee to the local regulatory authority for the local government in which the applicant desires to operate the marijuana establishment; and

WHEREAS, 3 ACC 306.060 provides local governments 60 days to protest new marijuana establishment license applications, renewal applications or transfer requests of a marijuana establishment license; and

WHEREAS, Homer City Code (“HCC”) 21.62.040(b) presently provides that the City Planner shall be responsible for reviewing all applications filed with the State of Alaska for the operation of marijuana establishments in the City of Homer, and also that the City Planner, or his or her designee, shall make recommendations concerning whether such applications comply with the Code; and

WHEREAS, It is appropriate for City Council, which is the local regulatory authority for purposes of AS 17.38, to review such applications and determine whether or not to protest such applications subject to input by the City Planner regarding whether or not the application complies with the Code.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Homer, Alaska that:

Section 1.  Homer City Code 21.62.040 entitled “Pre-application conference and State of Alaska application review process” is hereby amended to read: 

a.  When this title requires a conditional use permit for a marijuana facility, the applicant must meet with the City Planner to discuss the conditional use permit process and any issues that may affect the proposed conditional use. This meeting is to provide for an exchange of general and preliminary information only and no statement made in such meeting by either the applicant or the City Planner shall be regarded as binding or authoritative for the purposes of this title.

b.  The City Planner shall be responsible for reviewing all applications filed with the State of Alaska under AS 17.38 for the operation of marijuana establishments in the City of Homer once those applications have been submitted to the City for its review by the State of Alaska. The City Planner, or his or her designee, shall recommend to the State of Alaska, within 15 days of receipt of an application denying an application that does not comply with this code or he or she may recommend approving the application with conditions that, if adopted, will result in compliance with this code.

b.  Council is designated as the “local regulatory authority” as that term is used in AS 17.38. 

c. The City Planner shall review all applications filed with the State of Alaska under AS 17.38, once those applications have been transmitted to the City for its review by the Marijuana Control Board or other designated agency of the State of Alaska, for compliance with the Code.  Within 15 days of receipt of an application under this section, the City Planner shall provide the City Clerk with the application with a written notice to Council stating whether the application complies or fails to comply with the Code.

d. Upon receipt of the application and the City Planner’s notification regarding compliance, Council shall consider whether or not to protest the application at its next regularly scheduled meeting.  Council may protest any application under this section or may recommend that an application under this section be approved subject to conditions.    

e. The review of an application under this section shall not be subject to formal rules of evidence or procedure and Council may consider any facts or factors it deems relevant to its review so long as such facts or factors are not arbitrary, capricious or unreasonable.

f. Council’s decision regarding whether or not to protest an application under this section shall be final and is not subject to appeal.

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:

__________________________                                                           ____________________________
Katie Koester, City Manager                                                      Holly Wells, City Attorney

Date: _____________________                                                           Date: ________________________