The Kenai Peninsula Borough Assembly enacted an ordinance amending borough code relating to marijuana establishments and processing applications for marijuana establishments. The Assembly is empowered to comment to the Alaska Marijuana Control Board on marijuana establishment applications within the Kenai Peninsula Borough consistent with standards set forth in state law and regulation and borough code.
KPB Mayor Charlie Pierce says that borough code doesn’t require the Planning Commission to make recommendations to the Assembly regarding liquor license applications and renewals:
“Over the last six years, it’s been recognized that this provision that’s being introduced to you today removes the requirement that marijuana establishments have to go before the planning commission for review. We’re going basically treat them similarly to alcohol establishments.”
Planning Director, Robert Ruffner, was asked about recommendations and whether the KPB Assembly will approve them:
“Yes, it’s just like the alcohol. So, if somebody comes in, we’ll just hand it administratively without having an extra public hearing. That’s six years, as the mayor has said, it hasn’t resulted in any substantial recommendation to the assembly. It’s the recommendation of the Planning Commission that the Assembly, which makes the recommendation to the state, it’s just too much bureaucracy.”
Ruffner wrote that the Planning Commissioner review and comment is an unnecessary additional regulatory step. This ordinance would amend borough code by removing the Planning Commission from the application process for the license applications, resulting in consistent treatment of the public review process for both marijuana and alcohol establishments. KPB code doesn’t require the Planning Commission to make recommendations to the Assembly regarding liquor license applications and renewals.
The ordinance also requires the Planning Department to provide a report to ensure the application complies with local ordinances and for the department to present its report to the assembly during a public hearing in cases where establishments are outside of the cities.
Lastly, the ordinance also aligns borough code with state law regarding marijuana establishments, involving cultivation facilities, testing facilities, product manufacturing facilities, and retail stores.
