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Adopted Regulations of the Marijuana Control Board Filed by Lt. Governor - Director of Corporation - Eff. 10.18.20

The Marijuana Control Board has amended its regulations regarding Director of Corporation as follows:

3 AAC 306.015(b)(4) is amended to read:

  (4) a corporation unless the corporation is incorporated or qualified to do business in the state and each corporate officer, director, and shareholder is a resident of the state.

3 AAC 306.040 is repealed and readopted to read:

3 AAC 306.040. Ownership change. (a) An application for an ownership change shall be submitted on a form prescribed by the board.

(b) If any change required to be submitted under this section will result in a change in controlling interest of the marijuana establishment license, the marijuana establishment must file an application for transfer of license to another person under 3 AAC 306.045.

(c) An individual identified in this section shall submit the individual’s fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information. The director shall follow the procedure set out in 3 AAC 306.055(b) for submitting the fingerprints of any individual added under this section.

(d)  An individual identified in this section shall be a resident of the state as required under 3 AAC 306.015(b) and 3 AAC 306.015(e)(2).

(e) The director shall approve an ownership change application when any new owner

  (1)  is not disqualified under 3 AAC 306.010(d), 3 AAC 306.015(b), 3 AAC 306.300(b), 3 AAC        306.400(c),  3 AAC 306.500(c), or 3 AAC 306.605(c); and

  (2)  is a resident of the state.

(f) In this section, "ownership change" means

  (1) if the licensee is a partnership, including a limited partnership, any change in the identity of the partners, or in the ownership percentages held by any partners;

  (2) if the licensee is a limited liability company, any change in the identity of the members or managers, or in the ownership percentage held by any member; or

  (3) if the licensee is a corporation, any change in its corporate officers, any sale of corporate stock to a person not currently an owner, any change of the percentage ownership of an existing shareholder, or any change in its directors. 

The Lieutenant Governor signed and filed the regulations on September 18, 2020, with an effective date of October 18, 2020.

The regulations will appear in Register 236, January 2021, of the Alaska Administrative Code. Moreover, updated regulations will be available on our website on October 18, 2020. For further questions, please email amco.regs@alaska.gov.

Jane P. Sawyer, Regulations Specialist
Alcohol and Marijuana Control Office
550 W. 7th Avenue, Suite 1600
Anchorage, AK 99501

Attachments, History, Details

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Revision History

Created 9/22/2020 8:10:47 AM by jsawyer

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Adopted Text or Summary of Text
Location(s): Statewide
Project/Regulation #: 2020200409
 
Publish Date: 9/22/2020
Archive Date: 10/19/2020
 
Events/Deadlines: