Ordinance 16-50 Amend HCC 21.62.040 “Pre-Application Conference” Application for a Marijuana Establishment

CITY OF HOMER

                                                                              HOMER, ALASKA

City Manager/

Cannabis Advisory Commission

                                                                            ORDINANCE 16-50 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.62.040 CURRENTLY ENTITLED “PRE-APPLICATION CONFERENCE,” TO AUTHORIZE THE CITY PLANNER TO RECOMMEND TO THE STATE OF ALASKA THAT IT DENY AN APPLICATION FOR A MARIJUANA ESTABLISHMENT THAT DOES NOT COMPLY WITH HOMER CITY CODE AND AUTHORIZE THE CITY PLANNER TO RECOMMEND THAT THE STATE IMPOSE CONDITIONS TO APPROVAL WHEN NECESSARY TO ENSURE COMPLIANCE WITH THE HOMER CITY CODE.

               WHEREAS, The State of Alaska marijuana establishment registration application process required under Alaska Statute 17.38 subjects approval of all applications to the non-opposition of the city in which the applicant’s establishment is located; and

               WHEREAS, It is in the City’s best interest to authorize the City of Homer Planner (“City Planner”), or his or her designee, to review the State of Alaska applications for registration of marijuana establishments within the City and ensure that all establishments operating within the City comply with Homer City Code.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 21.62.040, “Pre-application conference,” is amended to read as follows:

Homer City Code 21.62.040 Pre-application conference and State of Alaska application review process.

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.

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.

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

Section 3.   This ordinance shall be of a permanent and general character and shall be included in the City code.

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 24th day of October, 2016.

                                                                                                         CITY OF HOMER

____________________________________

                                                                                                         BRYAN ZAK, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form.

Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

Date:                                                                                                             Date:                                                       

Fiscal Note: N/A