A. Council is designated as the local regulatory authority.

B. The State of Alaska Marijuana Control Board will transmit to the city all applications for marijuana businesses under AS 17.38 for review. City administration shall review all applications for compliance with this code and AS 17.38 and provide written comments to city council.

C. Upon receipt of the application and written comments, city council shall consider whether or not to protest the application at its next duly noticed 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.

D. 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.

E. Council’s decision regarding whether or not to protest an application under this section shall be final and is not subject to appeal, except in accordance with AS 17.38. (Ord. 21-003 § 5, 2021)