The Kenai Peninsula Borough Assembly passed an ordinance amending KPB Title 7 regarding alcohol and marijuana regulations to require applicant compliance with form filing requirements under state law, add three items under applicant standards for review, and to define the term applicant.
KPB 7.10.020 and 7.20.030 indicates that where the ‘applicant’ is in violation of Borough sales and/or personal and real property tax ordinances and regulations, has failed to comply with any of the filing, reporting or payment provisions of the Borough ordinances or regulations, or has any unpaid balance due on tax accounts for which the applicant and/or transferor is liable, a protest will be filed, but Title 7 doesn’t define the term applicant, which led to confusion.
Assembly Member Tyson Cox, who sponsored the ordinance, told the Assembly:
“This was a response to an application that came before us a few meetings ago. There were some questions, even with legal, on what an applicant was. We were having to define that in that meeting as we went. What this will do is help define that from here out. What it’s saying is, and I’ll just read quickly what that applicant definition is – applicant means the business entity and shall include any and all persons that are officers or have any ownership, partnership, membership, or other financial interest in the business entity itself, or that of any additional entity listed as an owner of the applying business entity. The reason that’s in there is because, at one time, part of the question was is it just the business applying or is it the underlying people that are in that business that we should be looking at because a lot of times it’s a newly formed business and so we’re defining it as the persons or other entities owning that business.”
2021-38
Ordinance No. 2021-38 unanimously passed the Kenai Peninsula Borough Assembly.
