The URL can be used to link to this page

Home My WebLink AboutResolution No. 2024-33KENAI CITY OF KENAI RESOLUTION NO. 2024-33 Sponsored by: Administration A RESOLUTION PROTESTING THE ISSUANCE OF A NEW RETAIL MARIJUANA STORE LICENSE FOR CANNA GET HAPPY, LLC, DBA CANNA GET HAPPY, LLC — LICENSE NO. 37844, LOCATED AT 11888 KENAI SPUR HWY #3. WHEREAS, Canna Get Happy, LLC (applicant) submitted an application with the Alaska Alcohol and Marijuana Control Office (AMCO), for consideration by the Marijuana Control Board, and has paid the required fees for the issuance of a new Retail Marijuana Store, License No. 37844, to be used for Canna Get Happy, LLC, located at 11888 Kenai Spur Highway, Suite 3, Kenai, AK 99611; and, WHEREAS, Alaskan Statute 17.38.210 - Local Control, allows for local control of commercial marijuana establishments; and, WHEREAS, the City requires all commercial marijuana establishments in the City to obtain a conditional use permit prior to operation; and, WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt of the application; and, WHEREAS, the Kenai City Clerk's Office received a copy of this application on May 13, 2024 and have determined that the last day for the Council to file a protest is July 12, 2024; and, WHEREAS, the Council Meeting on July 3, 2024 is the last scheduled regular meeting of the City Council prior to the expiration of the protest period; and, WHEREAS, Canna Get Happy, LLC does not have a conditional use permit to operate a retail marijuana store in the City; and, WHEREAS, protest by the City Council is in order as Canna Get Happy, LLC has not met the City's requirements to operate in the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby enters its PROTEST for the new Retail Marijuana Store, License No. 37844. Section 2. That a copy of this Resolution may be presented to AMCO as proof that the Kenai City Council, as the local governing body, has stated its protest. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 3RD DAY OF JULY, 2024. Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2024-33 Page 2 of 2 ATTEST: ichell M. n r, M C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] 4V K. N A k�a City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Linda Mitchell, Planning Director DATE: June 27, 2024 SUBJECT: Resolution No. 2024-33 - Protesting the Issuance of a New Retail Marijuana Store License for Canna Get Happy, LLC, DBA Canna Get Happy, LLC — License No. 37844, Located at 11888 Kenai Spur Hwy #3 Staff recommends that the City Council protest the issuance of a License for a Retail Marijuana Store at the property located at 11888 Kenai Spur Highway #3. Pursuant to Kenai Municipal Code (KMC) 14.20.330 Standards for Commercial Marijuana Establishments, a Conditional Use Permit (CUP) is required as permitted and allowed in KMC 14.22.010 Land Use Table and subject to the provisions of this code section. The applicant submitted a CUP application to the Planning Department on February 28, 2024 and it was determined that the subject property does not meet certain buffering distances as required by KMC 14.20.330(f) for consideration of a CUP. Thank you for your consideration. Department of Commerce, �� SZA`i Community, Of. LAS and Economic Development GOVERNOR MIKE UUNLEAVY Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 May 13, 2024 City of Kenai/ Kenai Peninsula Borough VIA Email: micheleturner@kpb.us ; sessert@kpb.us mienkins@kpb.us nscarlett@kpb.us ; mboehmier@kpb.us ; rraidmae@kob.us ; slopez@kpb.us ; bcarter@kpb.us mquainton@kpb.us ; cityclerk@kenai.city License Number: 37844 License Type: Retail Marijuana Store Licensee: Canna Get Happy LLC Doing Business As: Canna Get Happy LLC Physical Address: 11888 Kenai Spur Hwy #3 Kenai, AK 99611 Designated Licensee: Sandra Millhouse Phone Number: 907-373-8761 Email Address: sandrahbic@vahoo.corr ® New Application ❑ New Onsite Consumption Endorsement Application (Retail Only) AMCO has received a complete application for a marijuana establishment within your jurisdiction. This notice is required under 3 AAC 306.025(d)(2). Application documents will be sent to you separately via ZendTo. To protest the approval of this application pursuant to 3 AAC 306.060, you must furnish the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of the date of this notice, and provide AMCO proof of service of the protest upon the applicant. If the protest is a "conditional protest" as defined in 3 AAC 306.060(d)(2) and the application otherwise meets all the criteria set forth by the regulations, the Marijuana Control Board may approve the license, but require the applicant to show to the board's satisfaction that the requirements of the local government have been met before the director issues the license. 3 AAC 306.010, 3 AAC 306.080, and 3 AAC 306.250 provide that the board will deny an application for a new license if the board finds that the license is prohibited under AS 17.38 as a result of an ordinance or election conducted under AS 17.38 and 3 AAC 306.200, or when a local government protests an application on the grounds that the proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the marijuana establishment, unless the local government has approved a variance from the local ordinance. This application will be in front of the Marijuana Control Board at our June 26th, 2024, meeting. Sincerely, ti-- Joan Wilson, Director amco.local ovemmentonl u-)alaska. ov vQ 7 A MCO Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 Anchorage, AK 99501 marliuina, licensingPalaska,aoy httes.//www,commerce.slaska. eov/web/amco Alaska Marijuana Control Board 011V,Vo,. , Form MJ-00: Application Certifications Why is this form needed? Phone: 907.269.0350 This application certifications form is required for all marijuana establishment license applications. Each person signing an application for a marijuana establishment license must declare that he/she has read and is familiar with AS 17.38 and 3 AAC 306. This form must be completed and submitted to AMCO's Anchorage office by each proposed licensee (as defined in 3 AAC 306.020(b)(2)) before any license application will be considered complete. Section 1 - Establishment Information Enter information for the business seeking to be licensed, as identified on the license application. Licensee: Canna Get Happy, LLC License Number: [i7844 License Type: Retail Marijuana Store Doing Business As: Canna Get Happy Premises Address: 111888 Kenai Spur Hwy #3 City: Kenai I State: AK I ZIP: 99611 Section 2 - Individual Information Enter information for the individual licensee. Name: JSandra D Millhouse Title: lowner Section 3 - Other Licenses Ownership and financial interest in other licenses: Yes No Do you currently have or plan to have an ownership interest in, or a direct or indirect financial interest in another marijuana establishment license? if "Yes", which license numbers far existing licenses) and license types do you own or plan to own? Canna Get Happy, 22327 Canna Get Happy, 20151 [Form MJ-001(rev 3/1/2022) Page 1 of 3 FC9 ^$ AL{:6H6t ;,Jdlri(jL Uf`FILE VIA 711 M .., . r. . AMCO Alcohol and Marijuana Control Office 550 W Th Avenue, Suite 1600 Anchorage, AK 99501 rnarjiupna.Iicensi13&gRaI1ska1gy httos://www.commerce.alask &Qv- web/amco Alaska Marijuana Control Board Form MJ-00: Application Certifications Section 4 - Certifications Phone: 907.269,0350 Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that I have not been convicted of a felony in any state or the United States, including a suspended imposition of sentence, for which less than five years have elapsed from the time of the conviction to the date of this application. I certify that l am not currently on felony probation or felony parole. I certify that I have not been found guilty of selling alcohol without a license in violation of AS O4.11.010. I certify that l have not been found guilty of selling alcohol to an individual under 21 years of age in violation of 04.16.051 or AS O4.16.052. I certify that I have not been convicted of a misdemeanor crime involving a controlled substance, violence against a person, use of a weapon, or dishonesty within the five years preceding this application. I certify that I have not been convicted of a class A misdemeanor relating to selling, furnishing, or distributing marijuana or operating an establishment where marijuana is consumed within the two years preceding this application. I certify that my proposed premises is not within 500 feet of a school ground, recreation or youth center, a building in which religious services are regularly conducted, or a correctional facility, as set forth in 3 AAC 306.010(a). I certify that my proposed premises is not located in a liquor licensed premises. Ell I certify that I meet the residency requirement under AS 43.23 for a permanent fund dividend in the calendar year in which I am initiating this application. E� I certify that all proposed licensees (as defined in 3 AAC 306.020(b)(2)) have been listed on my online marijuana establishment license application. Additionally, if applicable, all proposed licensees have been listed on my EE� application with the Division of Corporations. I certify that I understand that providing a false statement on this form, the online application, or any other form provided by AMCO is grounds for denial of my application, E I [Form MJ-00] (rev 3/1/2022) Page 2 of 3 ALG0ji',) 44AFi;iN+l,1i;�`.�iillt.OfFICE &iATL ' AtAuuA AMCO r~o Alcohol and Marijuana Control Office 550 W 7ch Avenue, Suite 1600 Anchorage, AK 99501 gi�rij au rta.lir,�psina(�1�1 s.� ka•e4v httos://www..commerce.aiaska. eov/web/amt Alaska Marijuana Control Board Form MJ-00: Application Certifications Read each line below, and then sign your initials in the box to the right of each statement: I certify and understand that I must operate in compliance with the Alaska Department of Labor and Workforce Development's laws and requirements pertaining to employees. Phone: 907.269.0350 I certify and understand that I must operate in compliance with each applicable public health, fire, safety, and tax code and ordinance of this state and the local government in which my premises is located. Initials Read each line below, and then sign your initials in the box to the right of only- the applicable statement: Initials Only initial next to the following statement if this form is accompanying an application for a marijuana testing, facility license: I certify that I do not have an ownership in, or a direct or indirect financial interest in a retail marijuana store, a marijuana l cultivation facility, or a marijuana products manufacturing facility.. Only initial next to the following statement if this form is accompanying an application for a retail marijuana store, a marijuana cultivation facility, or a marijuana products manufacturing facility license: I certify that I do not have an ownership in, or a direct or indirect financial interest in a marijuana testing facility license. All marijuana establishment license applicants: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. Sandra D Millhouse Printed name of licensee [Form MJ-001 (rev 3/1/2022) r?': f}FIR 'i P,2I ALCOHOL V,,0Ij l wA i t WHOL OFFICE r,Tlklf OrAtPSKA Page 3 of 3 Alcohol and Marijuana Control Office 550 W 71h Avenue, Suite 1600 L G f Anchorage, AK 99501 A MCO Mips%/Jwww.commerceaiaskW.gov/wei2/m Phone: 907.269.0350 Alaska Marijuana Control Board rCn7not,00%", Form MJ-02: Premises Diagram Why is this form needed? A detailed diagram of the proposed licensed premises is required for all marijuana establishment license applications, per 3 AAC 306.020(b)(8). All areas designated as the licensed premises of a single license must be contiguous. All diagrams must have the licensed premises area labeled and outlined or shaded as appropriate What must be submitted with this form? Applicants must attach multiple diagrams to this form, including (as applicable): s Diagram 1: A diagram showing only the licensed premises areas that will be ready to be operational at the time of your preliminary inspection and license issuance; • Diagram 2• If different than Diagram 1, a diagram outlining all areas for which the licensee has legal right of possession (a valid lease or deed), and clearly showing those areas' relationship to the current proposed licensed premises (details of any planned expansion areas do not need to be included; a complete copy of Form MJ-14: Licensed Premises Diagram Change or Form MJ-31: Walk -Up or Drive -Through Exterior Window Pick -Up Diagram and Operating Plan must be submitted and approved before any planned expansion area may be added to the licensed premises); • Diagram 3: A site plan or as -built of the entire lot, showing all structures on the property and clearly indicating which area(s) will be part of the licensed premises; • Diagram 4: An aerial photo of the entire lot and surrounding lots, showing a view of the entire property and surrounding properties, and clearly indicating which area(s) will be part of the licensed premises (this can be obtained from sources like Google Earth); and Diagram 5: A diagram of the entire building in which the licensed premises is located, clearly distinguishing the licensed premises from unlicensed areas and/or premises of other licenses within the building. If your proposed licensed premises is located within a building or building complex that contains multiple business and/or tenants, please provide the addresses and/or suite numbers of the other businesses and/or tenants (a separate diagram is not required for an establishment that is designating the entire building as a single licensed premises). This form, and all necessary diagrams that meet the requirements on Page 2 of this form, must be completed and submitted to AMCO's Anchorage office before any new or transfer license application will be considered complete. Section 1 - Establishment Information Enter information for the lousiness seeKing to De iicenseo, as ioentmea on the license application. Licensee: Canna Get Happy, LLC I MJ License #: 37844 LicenseType: Retail Marijuana Store Doing Business As: Canna Get Happy Premises Address: 11888 Kenai Spur Hwy #3 City: Kenai State: Alaska ZIP: 199611 [Form MJ-02] (rev 8/14/2023) 37844 Page 1 of 3 License # Ae�xy i" --, Alaska Marijuana Control Board AMcv Form MJ-02: Premises Diagram Section 2 - Required information For your security, do not include locations of security cameras, motion detectors, panic buttons, and other security devices. However, AMCO will require full coverage of the walk-up or drive -through exterior window area as required by 3 AAC 306.380(b) and (g) for marijuana retail establishments. Items marked with a double asterisks (**) are only required for those retail marijuana establishments that are also applying for an onsite consumption endorsement. The following details must be included in all diagrams: License number and DBA Legend or key Color coding Licensed Premises Area Labeled and Shaded, or Outlined as appropriate Dimensions Labels True north arrow The following additional details must be included in Djgpram 1: Surveillance room Restricted access areas Storage areas Entrances, exits, and windows, including walk-up or drive -through exterior window for marijuana retail establishments Walls, partitions, and counters Any other areas that must be labeled for specific license or endorsement types ** Serving area(s) **Employee monitoring area(s) **Ventilation exhaust points, if applicable The following additional details must be included in Diagram 2: #Arie as of ingress and egress Entrances and exits Wafts and partitions The following additional details must be included in Diagrams 3 and 4: Areas of ingress and egress Cross streets and points of reference The following additional details must be included in Diagram 5: Areas of ingress and egress Entrances and exits U,Walls and partitions _ x Cross streets and points of reference r, Initial: I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence or other _FF documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response in this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a license/permit. I further understand that it is a Class A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of unsworn falsification. �1 Sandra D Millhouse Printed name of licensee Sign ure of licensee [Form NU-021(rev 8/14/2023) 3 7 p ^ ^ Page 2 of 3 "t F� i N1ROL ALCOHOL r,<tt t �+r?EF10E x x x a a Lei J, A ow, j LOT 18 THIS SURVEY 6 SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TIRE SEARCH. ALL BOUNDARY DATA SHOWN IS TSO OF RECORD YNDRNIATION e UNLESS OT GM= NOTED. IM VORTDADE LOCATON SUR EY tS A 41 TIi1AFglf10 AT THE �•••I LOCATION &YRvYY IYAT > . THE CQ B BBJLxP TO u+ �•�� ANT ti�pWACRS 1TNT A Ts =M== ow THE ORAPANG 13TASLaM ANY SMALL S1"FM1 DUSEDk 00" AFAFROY II ENYS. r/�(Q -!` THIS MOR GAOE LOCATION SUINEY WAS PREPAItM 01 ACCORDANCE gSTNTN THE ASPLS MORTGGE LOCATION SIMINEYr1 Mn E" V 4 SEE ANY LOCAL ZONING P AUTHORITIES OR COVENANTS O� 4 THAT MAY APPLY TO THIS O I PARCEL FOR BUILDING SETBACKS % Ool N '4b3 ORryTWAY W M Y in O o° E-+ i f i ° F�ie� l �e r r 6 l O {y �%� �� A ^ V SPECIAL NOTE TMi dCCWM�T wy lio: 1» MCw4W a toPis..wa ItMlr, LAr .aRtw, u "A2R ¢aj� m TAP oaw 4 T a ra� 0 j INS T—!k Iwo 4L P- I !"I 4 fill, I log, 1-11 € " , 1, .z "- w �� W �:x ®i ; i 0 9 55 0 n I Monday, June 10, 2024 Sent via email: city clerk@kenai.citY Ms. Shellie Saner, City Clerk City of Kenai RE: New Application for Retail Marijuana Store Business Name License Location License No. Dear Ms. Saner, Michele Turner, CIVIC Borough Clerk Canna Get Happy, LLC Kenai/1 1888 Kenai Spur Hwy #3 Kenai, AK 99611 37844 This serves to advise that the Kenai Peninsula Borough (KPB) has reviewed the above referenced application and has no objection to the issuance of the license. Should you have any questions, or need additional information, please don't hesitate to let us know. Sincerely, -4 ",4, rU/+L Michele Turner, CMC Borough Clerk cc: sandradhbic@yahoo.com amco.localgovernmentonly@alaska.gov